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HomeMy WebLinkAbout775-01 Amend 575 and 642 re. Airport Authority • M !I I I 'i'i"il- :.,}; ! !'.Ji:I 6i 6 ORDINANCE NO.: 775-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, ENACTED TO AMEND ORDINANCE NO.: 575 AND ORDINANCE NO.: 642 TO CREATE THE ZEPHYRHILLS MUNICIPAL AIRPORT AUTHORITY; PROVIDING FOR CREATION OF THE "ZEPHYRHILLS MUNICIPAL AIRPORT AUTHORITY ORDINANCE"; PROVIDING FOR DECLARATION OF INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR MEMBERSHIP, TERMS OF OFFICE; OFFICERS, QUORUM, MEETINGS AND REMOVAL; PROVIDING FOR POWERS AND DUTIES OF THE AUTHORITY; PROVIDING FOR COMPENSATION AND TRAVEL EXPENSES; PROVIDING FOR BUDGET; PROVIDING FOR AN AIRPORT MANAGER AND PERSONNEL TO BE CITY EMPLOYEES; PROVIDING FOR POWERS AND DUTIES OF AIRPORT MANAGER; PROVIDING FOR TITLE TO AIRPORT LAND AND IMPROVEMENTS TO BE RETAINED BY CITY; PROVIDING FOR RELATIONSHIP BETWEEN AUTHORITY, CITY OF ZEPIMIRILLS,PASCO COUNTY AND STATE OF FLORIDA; PROVIDING FOR COMPLIANCE WITH STATE REQUIREMENTS; PROVIDING FOR DISSOLUTION; PROVIDING FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS; PROVIDING FOR DETERMINATION OF FINANCIAL EMERGENCY;PROVIDING FOR DESIGNATION OF REGISTERED OFFICE AND REGISTERED AGENT; PROVIDING FOR MEETING SCHEDULES, NOTICE, REQUIRED REPORTS; PROVIDING FOR AUDITS AND FILING; PROVIDING THAT THIS ORDINANCE SHALL SUPERSEDE CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the, City of ZephyluitS, Florida, owns and operates an airport known as Zephyrhills Municipal Airport located in the City of Zephyrhills; and WHEREAS, the City desires to ensure that provision is made that the airport have planning and policy making as well as efficient day to day operation and management so as to protect and safeguard the public health, safety and welfare of the residents of the City; and WHEREAS,the City has determined that the airport in particular and the public at large can best be served by the creation and appointment of a separate public authority to recommend to City Council planning and policy making for the airport; Record and Return to: City Clerk's Office ;, 5335 8th Street Zephyrhills, FL 33540 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: SECTION 1: Short Title: This Ordinance may be cited as the "Zephyrhills Municipal Airport Authority Ordinance". SECTION 2: Declaration of Intent: The intent of this Ordinance is to protect and safeguard the public health, safety and welfare of the residents of the City of Zephyrhills, Florida, by creating the Zephyrhills Municipal Airport Authority to recommend to the City planning and policy making provisions for the airport, known as Zephyrhills Municipal Airport, located in the City. SECTION 3: Liberal Construction: It is the intent of the City that in any dispute concerning the interpretation of any term or condition contained herein, that same be construed liberally, in order to effect the intent and purposes of this Ordinance. SECTION 4: Definitions: (1) "Airport" means the City owned land and improvements within the territorial limits of the City of Zephyrhills now known as the Zephyrhills Municipal Airport. (2) "Authority" means the Zephyrhills Municipal Airport Authority. (3) "City" means the City of Zephyrhills. (4) "City Council" means the governing body of the City of Zephyrhills. (5) "County" means Pasco County. (6) "County Commission" means the Board of County Commissioners of Pasco County. (7) "Department" means the Department of Community Affairs of the State of Florida. (8) "Project" means and includes the acquisition, improvement, or maintenance of real or personal property within the boundaries of the Zephyrhills Municipal Airport. (9) "Registered Agent" means an agent of the Authority upon whom any process, notice or demand required or permitted by law to be served upon the Authority may be served. (10) "State" means the State of Florida. SECTION 5: Authority; Creation and Purpose: There is hereby created a body politic and corporate to be known as the "Zephyrhills Municipal Airport Authority". The exercise by the Authority of the powers conferred upon it by this Ordinance will be deemed to be for an essential and proper-public purpose. The Zephyrhills Municipal Airport Authority is hereby established for the purpose of advising City Council on issues related to planning, development and policy for the Zephyrhills Municipal Airport. The Authority is charged with the responsibility of reviewing the existing Airport Master Plan and making recommendations to City Council, recommending appropriate planning and development policies and reviewing specified development proposals for conformance with said Plan. SECTION 6: Membership; Terms of Office; Officers; Quorum; Meetings: Removal: (1) The Authority shall consist of five (5) members appointed by the City Council. Each Council member shall nominate a candidate for the Airport Authority whose nominate must be approved by a majority of the Council. (2) The terms of office for the membership of the Authority shall be staggered. Members initially nominated by Council persons representing Seats 2 and 4 shall expire on May 1st in the year after their appointment. Members nominated by Council persons representing Seats 1, 3, and 5 shall be initially appointed for a term which shall expire on May 1st of the second year after their appointment. Thereafter, the term of office for each member shall be two (2) years. (3) A chairperson,vice-chairperson, and secretary shall be chosen by and from the Authority membership. The term of office for the chairperson, vice-chairperson, and secretary shall be one (1) year, and no member shall hold the same office for more than two (2) consecutive terms. (4) A quorum shall consist of three (3) members, but the affirmative vote of not less than three (3) members shall be necessary to take any action except to adjourn. (5) The Authority shall meet at least once each month at such times and places within the City as shall be determined by the Authority. (6) Any member may be removed by the City Council, but only for grounds, constituting misfeasance, malfeasance or nonfeasance in office, or upon conviction of any crime. The unexcused failure to attend three(3) consecutive regular meetings of the Authority shall be deemed nonfeasance, without limiting the meaning of that term. (7) Vacancies in office shall be filled by the City Council for the balance of the term, not later than thirty(30) days after notice of the vacancy has been given to the City Council. (8) No officer or employee of the City of Zephyrhills and no officer or employee of Pasco County shall be eligible for membership on the Authority. No lessee, nor any officer or employee of lessee, of airport property, shall be eligible for membership in the Authority. No member of said Authority shall be interested in the profits or emoluments of any contract, work, sale to or service for the airport, and any such contract in which a member is or may be interested, shall be declared void by the City Council of the City of Zephyrhills. SECTION 7: Powers and Duties: The Authority shall recommend to City Council on issues related to planning, development and policy making for the Zephyrhills Municipal Airport. The Authority shall have the following specific powers and duties: (1) To enter into contracts and to sue and be sued in its own name; (2) To acquire real and personal property and dispose of the same, subject to approval of the City Council; (3) To let or lease the airport or any portion of the airport or to modify or extend any existing lease thereof, including the buildings and hangers thereon, and to grant concessions upon such terms and conditions as it shall deem proper, subject to the approval of City Council; (4) To accept revenues from the operation of the airport and to accept gifts, grants, and other revenues; but the Authority shall not have the power to levy or collect ad valorem taxes; (5) To adopt a budget annually, and to amend it during the fiscal year. The budget and any • amendments shall be subject to approval of City Council. The fiscal year of the authority shall be the same as that of the City; (6) To adopt rules for the regulation of its affairs and the conduct of its business, and recommend rules for the operation of the airport and aircraft, including but not limited to safety and noise abatement rules, and to enforce and administer all such rules, subject to approval of City Council; (7) To adopt and alter an official seal; (8) To maintain an office within the City; (9) To construct, reconstruct, improve, equip, repair, maintain, and operate the airport and such buildings, structures, roads, alleyways, and any other development of land as the Authority shall determine to be necessary and proper in the performance of the duties and purposes of this act, within the boundaries of the airport, subject to approval of City Council; (10) To issue revenue bonds and refunding bonds of the authority to pay the cost of such acquisition, construction, reconstruction, improvement, or equipment, subject to approval by the City Council; (11) To fix and revise from time to time and to collect rates, fees, and other charges for the use of or for the service and facilities furnished by or at the airport, subject to approval of City Council; (12) To apply for Federal, State or local grants either public or private to repair, improve, construct or reconstruct the airport; and (13) To do all acts and things necessary or convenient to carry out the purposes of the Authority. SECTION 8: Compensation and Travel Expenses: The members shall receive no salary or other compensation for their services as members of the Authority. The Authority shall, however, have authority to pay reasonable costs and expenses necessarily incurred by the members in performance of their duties. The rate for travel expenses shall not exceed the rate for City employees. SECTION 9: Airport Manager/Airport Personnel: The airport manager shall be appointed by the city manager and shall be an employee of the City of Zephyrhills. The decision to employ or terminate the employment of the airport manager shall be the responsibility of the city manager. The airport manager shall be charged with the responsibility of the day to day operation and management of the airport and shall have all of the powers and dut1es provided by Chapter 91 of the Code of the City of Zephyrhills, as same now exists or may be amended from time to time. As well as all powers and duties delegated to the airport manager by the city manager. All other personnel employed to work at the airport shall be city employees and the decision to employ or terminate them shall be the responsibility of the airport manager. SECTION 10: Relationship Between the Authority, City, County, and State: The Authority shall have the power and responsibility to advise City Council on planning, development and policy at the airport in a manner consistent with applicable federal and state law and the objectives of the County and the ' , / :I.• iii City. The Authority shall comply with appropriate police powers Of the County or of the City respecting the planning or development of the airport. Applicable building codes of the City shall apply to all development upon the airport, except to the extent that different state and federal requirements are expressly applicable, and except to the extent that the Authority or the airport has been made exempt from any requirement of the City by state or federal law. All construction upon the airport shall be subject to inspection by the City on behalf of the State, and the City inspectors may insure compliance with applicable state regulations for such construction in addition to applicable City regulations. SECTION 11: Reservation of Sponsorship: The City shall continue to be the sponsor of the airport, as defined in the applicable FAA Rules and Regulations. The City reserves the right to convey any or all of the land and improvements comprising the airport and to assign the sponsorship of the airport. SECTION 12: Liabilities: The Authority shall be liable for its obligations and for damages caused by the negligent acts or omissions of the Authority. The Authority shall be deemed to be an agency of the State for the purposes of Section 768.28, Florida Statutes: SECTION 13: Dissolution: The Authority's charter may be revoked and the Authority dissolved by a Resolution of the Authority. A copy of any such Resolution shall be filed within thirty (3 0) days after the effective date of the dissolution with the Special District Information Program of the Department and with the City. SECTION 14: Collection of Non-Ad Valorem Assessments: The Authority shall provide for the collection of annual non-ad valorem assessments in accordance with Chapter 197, Florida Statutes or monthly non-ad valorem assessments in accordance with Chapter 170, Florida Statutes. SECTION 15: Determination of Financial Emergency: The Authority shall notify the Governor and Legislative Auditing Committee of the Department when the health, safety and welfare of the citizens of the State of Florida are affected by the occurrence of one or more of the conditions described in Section 218.503, Florida Statutes, or if said condition or conditions will occur if action is not taken to assist the Authority. SECTION 16: Designation of Registered Office and Agent: Within six(6) months of the effective date of this Ordinance, the Authority shall designate a registered office and registered agent and file such information with the Department and the City. The registered agent shall be an agent of the Authority upon whom any process, notice, or demand required or permitted by law to be served upon the Authority may be served. The registered agent shall be an individual resident-of the Slate of Florida whose business address is identical with the registered office of the Authority. The Authority may change its registered officeor change its registered agent, or both, upon filing such information with the Department and with the City. SECTION 17: fiti ,gid 24 y, :!L ;%1 � 14_I,;f C f 6 Meeting Schedules;Notice; Required Reports: The Authority shall file annually a schedule of its regular meetings with the City. The schedule shall include the date, time and location of each scheduled meeting. All meetings of the Authority shall be open to the public and governed by the provisions of Chapter 26, Florida Statutes. All meetings of the Authority shall be held in a public building located in the City. SECTION 18: Audits;Filing: The Authority shall make provisions for an annual independent post audit of its financial records as provided in Section 11.45, Florida Statutes. A copy of the audit shall be filed with the City. All reports of information required to be filed with the City under Sections 11.45, 218.32 and 218.34, Florida Statutes, and this Ordinance shall be filed with the City Clerk. SECTION 19: Conflicting Ordinances: This Ordinance shall supersede all ordinances or parts of ordinances in conflict herewith. SECTION 20: Severability: If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held to be unconstitutional, inoperative, invalid or void by any court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance. SECTION 21: Inclusion in the Code of Ordinances: The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Zephyrhills, Florida. The sections of this Ordinance may be remembered or relettered and the word "ordinance" may be changed to "section", "article" or such other appropriate word or phrase in order to accomplish such. SECTION 22: Effective Date: This Ordinance shall become effective , ao o A.D., 2001. The foregoing Ordinance No. 1 7 Seo I was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this 7°0 ' day of "; A:D., 2001. ,/ C E C.BRACKNELL-President of City Council Attest' ,` "`> City Cle )LIN �CDA D. BOAN The foreg��ng-Ordinance No. 12-2 -0/S was read and passed on its second reading in open and regular meeting,by-iher City, Council of the City of Zephyrhills, Florida, on this c26,7:41_ day of A.11;72001. e CADE C.BRACKNELL-President of City Council Attest: , AgaL �- .d!"! ✓_ City-Clerk, DA D. BORN The foregding_:Ordinance No. 7 7c-o I was approved by me this (n day of , A.D., 2001. 7-- t / Q1 A. ROY :URNSIDE, Mayor