Title
Amendment 1 to the Intergovernmental Agreement Between the Cities of Phoenix and Tempe Regarding Noise Mitigation Flight Procedures (Ordinance S-51493) - District 8
Description
Request authorization to settle the litigation between the City of Phoenix and the City of Tempe over the obligations in the 1994 Intergovernmental Agreement (IGA) between the City of Phoenix and the City of Tempe, and further request authorization to execute an amendment to the IGA to clarify certain obligations under the IGA.
Report
Summary
The City of Tempe and the City of Phoenix recognize that Phoenix Sky Harbor International Airport and accompanying commercial passenger traffic are a key part of the local economies of the respective cities as well as the region.
Therefore, the parties chose to work in the spirit of cooperation to resolve the litigation and protect the airport while preserving the economic vitality of both cities. To that end, this amendment will allow the City of Tempe and the City of Phoenix to work collaboratively to address noise concerns and ensure transparent communication with residents. Both cities strive to uphold a balanced approach to community well-being and airport operations.
The amendment will include the following terms and conditions:
For all Tempe land in the 65 DNL contour (the high noise area)
- No single-family residential;
- Avigation easements / release of liability;
- Noise disclosures to warn residents of their exposure to high noise;
- No obstructions (FAA 7460 Approval);
- Support to address identified hazards to navigation;
- Tempe will not oppose, in any proceeding, Phoenix’s Comprehensive Asset Management Plan projects;
- Tempe understands Phoenix will continue to formally object to any incompatible use proposed in Tempe.
On Tempe-owned land in the 65 DNL contour, if Tempe allows residential, then Tempe will:
- Restrict all multi-family residential to lease only;
- Indemnify and defend Phoenix for any complaints about noise, vibrations, emissions or other disturbances;
- Require noise insulation;
- Ensure all stipulations and restrictions to run with the land;
- Agrees restrictions will apply to any land acquired by Tempe, except to the extent the land is already developed, or the land is one of the already entitled properties identified in the amendment and purchased through a GPLET deal.
For Privately-Held Parcels in the 65 DNL contour, Tempe agrees:
- No new residential except for parcels identified in the amendment;
- To notify the Aviation Department of applications to pursue new or intensified residential;
- Submit a staff recommendation of disapproval on any such application;
- If the Tempe City Council still approves residential on any of the identified parcels, Tempe will stipulate landowner to noise insulate (NLR 25db) and equally share in legal defense fees should Phoenix receive a claim related to noise, vibrations, or emissions.
Phoenix agrees:
- That both parties will dismiss their claims with each party bearing its own legal fees;
- To waive claims under the IGA for any past actions related to the IGA;
- To conduct periodic 65 DNL contour updates and enhance collaboration on noise issues;
- That it will not treat itself differently than Tempe regarding land uses in the 65 DNL contour;
- That it understands Tempe reserves its right to object to any proposed 4th runway.
Contract Term
The term of the IGA is 50 years, anticipated to end in 2044.
Financial Impact
There is no financial impact.
Concurrence/Previous Council Action
The Phoenix City Council adopted the IGA on August 31, 1994, and the agreement was fully executed on September 2, 1994.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Department
Responsible Department
This item is submitted by City Attorney Julie Kriegh and Deputy City Manager Mario Paniagua and the Law and Aviation departments.