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HomeMy WebLinkAbout642-96 Amend Ordinance #575 - Airport Personnel 1111111113111111M11111111011111111111 96.115909 Rcpt: 111192 Rec: 33.00 DS: 0.00 IT: 0.00 Re-recorded to correct 11/04/96- Dpty Clerk typographical error. pITTMAN•, pASCO COUNTY CLERK JED • 11104/96.04:39p® 1Pof 1.-7 OR BK •3653. ORDINANCE NO. 6 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHT_LLS, FLORIDA, ENACTED TO AMEND ORDINANCE NO.:, 575 AND TO CREATE A DEPENDENT SPEPIAL iST2'" KNOW N A.S ��, ZEPHYTITLS .} ./S'JNI(ry?'.`.t.,' t' R b.t?r�' i �r ' 1 'j •' & 'i .yT+i`.' • ~.�C���•T��f��`+l i, �'h i1V1 •1 S:i.a.fY., ."S.� .t l•�. . Cad_ . . . __ _ � '� i. CREATION OF THE "ZEPHYRHILLSMUNICIPAL•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 TORT LIAiiiL T utl AUJ 1uIORRt1."Y; i I O iI)iiiki;FOR RELATIONSHIP . BETWEEN AUTHORITY, CITY OF ZEPHYRHILLS,PASCO COUNTY AND.STATE OF FLORIDA; PROVIDING FOR COMPLIANCE WITH STATE REQUIREMENTS; PROVIDING FOR DISSOLUTION; PROVIDING FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS; PROVIDNNG 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 'ODE O_R_')INANCFS2 r OVIPINr_,FOR AN r r'CT� . DATE. . WHEREAS, the City of Zephyrhills, 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 Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL . 33540 ". iORHKZ65 . PG 117' 2of7 Council planning and policy making for the airport; WHEREAS, Section 189.4041, .Florida Statutes, provides the City:with the authority to create by Ordinance,,a separate public entity to perform the duties and exercises=the powers contained herein. 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". E S CTION 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: . . .. • .. . . . 0 . Liberal Construction: It is the intent of the City that in any'dispute 'concerning the interpretation of any termor condition contained herein, that same be construed liberally, in Order to effect the intent and purposes of this Ordinance. SECTION 4: Definitions: • 1 'Air oit' means'. . .. eans'the City owned land and iiti roveinents 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) "Dependent Special District!' means a local unit of special-purpose government within a limited boundary as defined by Section 189.403(2), Florida Statutes. (9) "Project" means and includes the acquisition, improvement, or maintenance of real or personal property within the boundaries of the Zephyrhills Municipal Airport. (10) "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., (11) "State" means the State of Florida. SECTION 5: Authority;Creation and Purpose: There is hereby created a body politic and corporate to lbe known as the "Zephyrhills Municipal Airport Authority". The Authority shall be considered a dependent special district for purposes of Chapter 189, Florida Statutes. The-exercise by the Authority of the powers conferred upon it by this Ordinance will be deemed to be for an essential and OR BK 36 3 PG 11.77' 3of 7 proper public purpose. The Zephyrhills Municipal Airport Authontyis hereby established for"the purpose`of advising City Council.on.issues related to...planning; development and:polic 'for the Zepliyrhills'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.developinent proposals for conformance with said Plan. SECTION 6: Membership: Terms of Office: Officers; Quorum..Meetings:Removal: (1) The Ai-tho^+ f3ha.l nsisi. of fiyF (5).mer. e,s appointed bythe City- . - y �.:, h ted .,�. Coun„il. Each Council member shall nominate a candidatee, for the Airport Authority whose nominate must be approved by a majority of the Council. (2) The terms of officefor 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) mei:bort ,4...�+ �, i::%: ry to t . -i4, v • . .•• VVti� r'J ...j': 4I . (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 shat:b. nteresied.in prufiis 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 • oR gK ,363 ps Y 1 r8 4of7: City Council; (3) To let or lease the airport or any portion of the airport or tomodifyor extend any existing lease thereo 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 shalbe 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, cons;^action, 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'iri 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 charge&with the responsibility of the'day to day operation and management of the airport and shall have all of the powers and duties provided by Chapter 91 of the Code of the City • 1 . r ORBK3& 3 RG 1179 5 o 7 - 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 bythe city manager.; All other personnel employed.to:work It_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 City. The Authority shall comply with appropriate police powers.of the county or of the City respecting the planning or development of they 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 Reg lations. 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: State Requirements:- The Authority shall comply with all applicable creation, dissolution and reporting requirements set forth in Chapter 189, Florida Statutes. SECTION 14: 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(30) days after the effective date of the dissolution with the Special District Information Program of the Department and with the City. • SECTION 15:. 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 16: 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 OR BK .36 s3 .. PG. 1 1 Eio.` G, 'of7 to assist:theAuthority, SECTION 17: 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 shill be an individual resident of the State of Florida whose business address is identical with tile registered :)ffice of tin Authority. The Authority may change its registered 11c .r chai ge it 'b.,stered agent, or Doth Information °ith the Department and with the City. SECTION 18: 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 19: Audits;Filing: The Authority shall make provisions for an annual independent post and It 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, 1..89.416, 89 7 F ^l,,;j'�.:.'i •)Y 8y ((!and iV'i - Eik�r.t ` :`I n• a r this'% ,:i;r1; .. -,L:.�.L vv r!-zri with • - city w U.i.4�.V, (l.'i.l I., ��.U.J al 1J-J�• alb/�•\til 4.�.eLlA1,ViL 4.:. �11�1 -.. Il.:\, V....:Ll•. V �. y. .1!11 �lli� t-��L� Clerk. SECTION 20: Conflicting Ordinances: This Ordinance shall supersede all ordinances or parts of ordinances in conflict herewith. SECTION 21: 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 22: 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 23: Effective Date: This Ordinance shall become effective (9d...-t6-664.. A.D., 1996. The foregoing Ordinance No. 6 LA- was read and passed onits first reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this /,2111-day of Q 0 , A.D., 1996. i r"OM-4 1E-- F-- 6-- .- --, , _ _ _ _ __ _ 7 of 7 ' r - - , . .-: : f C-D &X,t..) 1 -4-& JA-LAN L. B'eNIA-President of City Cdurial . Attest: ii. '6,-- ) ' Cay Cler,lt, LINDA D,430AN The toregoing OretiiianceNo.,-6'At was read and passed on its second reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this 02.6 _4-- day of at, -_-', ' 1 ,A.D., 1996. I : ,,I, , . -±t-e-r---c-- - ...A ,AN L. !.iI9EATIA - ‘;,-.A1, i 'Presi-ien; ,..,f e.:i:-y. c,),..i.ncii 11-- , - • , • . ' Atte • ,'‘,. :' — Z, 'z/g2;;T: - 8-1, , City.geik;LINDA D:BOAN S. .--- - , P•f - • The foregoing Ordinance No. (0471,2.. was read and passed on its third reading in open and regular meeting,by the City Council of the City of Zephyrhills; Florida, on this 9)----1A' day of ...4, ' ''' ' 4A D -1996 .... ,,, .,. ., .• // ;ALAN L. BRI',.'IA 1 4,-_/ , -6-4, President of ty' Council Attest: Citriptlerk,CI,IWX D. .1;0AN / (c- The foregoing:Ordinance No. (.04,:), was approved by me this. 9_ day of, . , 1 0 ....PdaintLeiv - i AMES A. BAILE • , Mayor I , , 4111111111111311M1111111111 96095791 Rcpt: 100636 Rec: 37.50 DS: 0.00 IT: 0.00 09/12/96 Dpty Clerk JED;PITT , PASCO COUNTY CLERK'; 09/12/96 2:27pm 1 of 8 OR BK 3' as PG 180 ORDINANCE NO. 642 AN ORDINANCE OF THE CITY COUNCIL OF HE CITY OF ZEPHYRHILLS, FLORIDA, ENACTED TO AMEND ORDINANCE NO.: 575 AND TO CREA A DEPENDENT SPECIAL DISTRICT KNOWN AS T ' F, ZEPHYRHILLS MUNICIPAL AIRPORT AUTHORITY, PROVIDING FOR CREATION OF THE "ZEPHYRHILLS ► CIPAL AIRPORT AUTHORITY ORDINANCE"; PROVIDING FOR DECLARATION OF INTENT PROVIDING FOR DEFINITIONS; PROVIDING 'OR CREATION AND PURPOSE; PROVIDING FOR ,1 MBERSHIP, TERMS OF OFFICE,OFFICERS,QUORUM, I ETINGS AND REMOVAL; PROVIDING FOR POWE ' : AND DUTIES OF THE AUTHORITY; PROVIDING FOR COMPENSATION AND TRAVEL EXPENSES; i'ROVIDING FOR BUDGET; PROVIDING FOR AN AIRPORT MANAGER AND PERSONNEL TO BE C ► EMPLOYEES; PROVIDING FOR POWERS AND DU ► I S OF AIRPORT MANAGER; PROVIDING FOR P LE TO AIRPORT LAND AND IMPROVEMENTS TO :E RETAINED BY CITY; PROVIDING FOR TORT LIABIL ' 'Y OF,AUTHORITY; PROVIDING FOR RELATIONSHIP t ETWEEN AUTHORITY, CITY OF ZEPHYRHILLS,P SCO COUNTY AND STATE OF FLORIDA; PROVIDING F I R COMPLIANCE WITH STATE REQUIREMEN ; PROVIDING FOR DISSOLUTION; PROVIDING F I R COLLECTION OF NON-AD VALOREM ASSESSMENT.; PROVIDING FOR DETERMINATION OF FINANCIAL s I RGENCY;PROVIDING FOR DESIGNATION OF REGIS 'RED OFFICE AND REGISTERED AGENT; PROVIDIN FOR MEETING SCHEDULES, NOTICE, REQ 1' I REPORTS; PROVIDING FOR AUDITS AND FILING; PROVIDING THAT THIS ORDINANCE SHALL SUPE ' ` DE CONFLICTING ORDINANCES; PROVIDING FOR S ^ RABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DAT '. WH%REAS, the City of Zephyrhills, Florida, owns and operates an airport known as Zephyrhill.Municipal Airport located in the;City of Zephyrhills; and ' REAS,the City desires to ensure that provision is made that the airport have planning and po.cy making as well as efficient day to day operation and management so as to protect and safe: .rd the public health, safety and welfare of the residents of the City; and 41) 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 Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540 OR BK a&29 PG 1 so& 2of8 Council planning and policy making for the airport; WHEREAS, Section 189.4041, Florida Statutes, provides the City with the authority to create by Ordinance, a separate public entity to perform the duties and exercises the powers contained herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of e City of Zephyrhills, Florida, as follows: SECTION 1: Short Title: This Ordinance may be cited as the"Zephyrhills M icipal 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 Ze shyrhills, Florida, by creating the Zephyrhills Municipal Airport Authority to recommend to t g e City planning and policy making provisions for the airport, known as Zephyrhills Municipal -irport, located in the City. SECTION 3: Liberal Construction: It is the intent of the ity that in anydispute concerning the interpretation of any term or condition contained herein, at same be construed liberally, in order to effect the intent and purposes of this Ordinance. SECTION 4: Definitions: (1) "Airport" means the City owned l..id and improvements within the territorial limits of the City of Zephyrhills now known as the Ze• yrhills Municipal Airport. (2) "Authority" means the Zephyr r'lls Municipal Airport Authority. (3) "City" means the City of Zep yrhills. (4) "City Council" means the :;overning body of the City of Zephyrhills. (5) "County" means Pasco County. (6) "County Commission" eans the Board of County Commissioners of Pasco County. (7) "Department" means e Department of Community Affairs of the State of Florida. (8) "Dependent Special istrict" means a local unit of special-purpose government within a limited boundary as defined b , Section 189.403(2), Florida Statutes. (9) "Project" means .. d includes the acquisition, improvement, or maintenance of real or personal property within the oundaries of the Zephyrhills Municipal Airport. (10) "Registered Arent" means an agent of the Authority upon whom any process, notice or demand required or pe 'tted by law to be served upon the Authority may be served. (11) "State" me., s the State of Florida. SECTION 5: Authori Crea ion and Pu lose: There is hereby created a body politic and corporate to be known as the "Zep rhills Municipal Airport Authority". The Authority shall be considered a dependent special-district for purposes of Chapter 189, Florida Statutes. The exercise by the Authority of the powers conferred upon it by this Ordinance will be deemed to be for an essential and • DR BK ,36. RG 11309 3of8 proper public purpose. The Zephyrhills Municipal Airport Authority is hereby established for the purpose of.dvising City Council on issues related to planning, development and policy for the Zephyrhill• Municipal Airport. The Authority is charged with the responsibility of reviewing the existing rport Master Plan and making recommendations to City Council, recommending appropri. e planning and development policies and reviewing specified development proposals for conform. ce with said Plan. SECTION 6: Membership; Terms of Office: Officers; Quorum;Meetings;Remov.l: (1) The Authority shall consist of five (5) members appointed b the City Council. Each Council member shall nominate a candidate for the Airport Authorit; whose nominate must be approved by a majority of the Council. (2) The terms of office for the membership of the Autho • shall be staggered. Members initially nominated by Council persons representing Seats 2 and 4 : all expire on May 1st in the year after their appointment Members nominated by Council perso s representing Seats 1, 3, and 5 shall be initially appointed for a term which shall expire on ay 1st of the second year after their appointment... Thereafter, the term of office for each me ber shall be two (2)years. (3) A chairperson,vice-chairperson, and secreta r 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 ore than two (2) consecutive terms. (4) A quorum shall consist of three (3) 'embers, but the affirmative vote of not less than three(3) members shall be necessary to take an, action except to adjourn. - . . (5) The Authority shall meet at least o e each month at such times and places within the City as shall be determined by the Authority. (6) Any member may be remove% by; the City Council, but only for grounds, constituting misfeasance, malfeasance or nonfeasance n office, or upon conviction of any crime. The unexcused failure to attend three(3)consecutive r:gular meetings of the Authority shall be deemed nonfeasance, without limiting the meaning of tha term. (7) Vacancies in office sh. 4 be filled by the City Council for the balance of the term, not later than thirty(30) days after notic, of the vacancy has been given to the City Council. (8) No officer or em p oyee of the City of Zephyrhills and no officer or employee of Pasco County shall be eligible for •mbership on the Authority. No lessee, nor any officer or employee of lessee, of airport propert , shall be eligible for membership in the Authority. No member of said Authority shall be interes •d in the profits or emoluments of any contract, work, sale to or service for the airport, and any su , contract in which a member is or may be interested, shall be declared void by the City Council I f the City of Zephyrhillsl SECTION 7: Powers a,d Duties: The Authority shall recommend to City Council on issues related to planning, develo ment and policy making for the Zephyrhills Municipal Airport. The Authority shall have the follo , ' g 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 properIty and dispose of the same, subject to approval of the pG talc) oR BK 3 City Council; 4 °f 8 (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, a d other revenues; but the Authority shall not have the power to levy or collect ad valorem taxe , (5) To adopt a budget annually, and to amend it during the fiscal year. The b dget and any amendments shall be subject to approval of City Council. The fiscal year of the auth rity shall be the same as that of the City; (6) To adopt rules for the regulation of its affairs and the condu of its business, and recommend rules for the operation of the airport and aircraft, including but of limited to safety and noise abatement rules, and to enforce and administer all such rules, bject 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, aintain, and operate the airport and such buildings, structures, roads, alleyways, and any other dev-lopment of land as the Authority shall determine to be necessary and proper in the performance of e duties and purposes of this act, within the boundaries of the airport, subject to approval of Ci Council; (10) To issue revenue bonds and refunding r,onds of the authority to pay the cost of such acquisition, construction, reconstruction, improveme't, or equipment, subject to approval by the City Council; (11) To fix and revise from time to ti - and to collect rates, fees, and other charges for;he use of or for the service and facilities fu 'shed by or at the airport, subject to approval of city Council; - (12) To apply for Federal, Stat- or local grants either public or private to repair, improve, construct or reconstruct the airport; a d (13) To do all acts and t ',gs necessary or convenient to carry out the purposes of he Authority. SECTION 8: Com•ensation and Tr. el Ex I enses: The members shall receive no salary or other compensation for their servic s as members of the Authority. The Authority shall, however, have authority to pay reasonable 'osts and expenses necessarily incurred by the members in performance of their duties. The rate •r travel expenses shall not exceed the rate for City employees. SECTION 9: Ai I ort Mana er/Ai I ort Personnel: The airport manager shall be appointed by the city manager and shall b- an employee of the City of Zephyrhills. The decision to employ or terminate the employment o'the airport manager shall be the responsibility of the city manager. The airport manager shall be harged with the responsibility of the day to day operation and management of the airport and sh, I have all of the powers and duties 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 OR BKE► 9 PG 1x11 5of8 l (2) To acquire real and personal properly 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-exi ng lease thereof,including the buildings and hangers thereon, and to grant concessions upon suc 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, gra ts, and other revenues;but the Authority shall not have the;power to levy or collect ad valore axes; (5) To adopt a budget annually, and to amend it during the fiscal year. ► e budget and any amendments shall be subject to approval of City Council. The fiscal year of the .uthority shall be the same as that of the City; (6) To adopt rules for the regulation of its affairs and the co duct of its business, and recommend rules for the operation of the airport and aircraft, includin: sut not limited to safety and noise abatement rules, and to enforce and administer all such ru -s, 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, re s air, maintain, and operate the airport and such buildings, structures,roads, alleyways, and any oth; development of land as the Authority shall determine to be necessary and proper in the perform. e of the duties and purposes of this act, within the boundaries of the airport, subject to approval .f City Council; - (10) To_.issue revenue bonds and refu ding bonds of the authority to,,pay the cost of such acquisition, construction, reconstruction, impro ement, or equipment, subject to approval by the City Council; (11) To fix and revise from time t• 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 airp•rt; and (13) To do all acts . d things necessary or convenient to carry out the purposes of the Authority. SECTION 8: Com I ensation .nd Travel Ex senses: The members shall receive no salary or other compensation for theservices 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. T r e rate for travel expenses;shall not exceed the rate for City employees. SECTION 9: Ai s o Mana:er/' ' s ort Personnel: The airport manager shall be appointed by the city manager a s shall be an employee of the City of Zephyrhills. The decision to employ or terminate the emplo ent of the airport manager shall be the responsibility of the city manager. The airport manag r shall be charged with the responsibility of the day to day operation and management of the airp oIand shall have all of the powers and;duties provided by Chapter 91 of the Code of the City AOR BK ae2 PG 1B12 6ofB 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 a d 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 • thority shall have the power and responsibility to advise City Council on planning, developmen and policy at the airport in a manner consistent with applicable federal and state law and the obje ives of the County and the City. The Authority shall comply with appropriate police'powers •f the County or of the City respecting the planning or development of the airport. Applicabl- building codes of the City shall apply to all development upon the airport, except to the extrnt that different state and federal requirements are expressly applicable, and except to the exte that the Authority or the airport has been made exempt from any requirement of the City by sta - or federal law. All construction upon the airport shall be subject to inspection by the City on .ehalf of the State,and the City inspectors may insure compliance with applicable state regulations or such construction in addition to applicable City regulations. SECTION 11: Reservation of Sponsorship: The City hall continue to be the sponsor of the airport as defined in the applicable FAA Rules and Re. ations. The City reserves the right to convey any or all of the land and improvements comprising t e airport and to assign the sponsorship of the airport. SECTION 12: Liabilities: The Authority shall .e liable for its obligations and for damages caused by the negligent acts or omissions of the Aut •rity. The Authority shall be deemed to be an agency of the State for the purposes of Section 76:.28, Florida Statutes. SECTION 13: State Requirements: The uthority shall comply with all applicable creation, dissolution and reporting requirements set fort t in Chapter 189, Florida Statutes. SECTION 14: Dissolution: The •uthority'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 d. solution with the Special District Information Program of the Department and with the City. SECTION 15: Collection o. Non-Ad Valorem Assessments: The Authority shall provide for the collection of annual non-ad orem assessments in accordance with Chapter 197, Florida Statutes or monthly non-ad valorem assessments in accordance with Chapter 170, Florida Statutes. SECTION 16 Dete'mination of Financial Emergency: The Authority shall notify the Governor and Legislative •uditing Committee of the Department when the health, safety and welfare of the citizens of the S..to 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 OR BK ae e9 PG 1 B i ate'. to assist the Authority. SECTION17: y..; .., Designation of Registered Office and Agent: Within six(6) months of the'effective to of this Ordinance, the Authority shall designate a registered office and registered'agent and a such information with the Department and the City. The registered agent shall be an agent of t Authority upon whom any process, notice, or demand required or permitted by law to be s ed upon the 111 Authority may be served. The registered agent shall be an individual residentoftState of Florida whose business address is identical with the registered office of the Authority The Authority may change its registered office or change its registered agent, or both,_upon filin such information with the Department and with the City. SECTION 18: Meeting Schedules;Notice;Required Reports: The Autho 'ty"shall file annually a schedule of its regular meetings with the City. The schedule shall include t e date, time and location of each scheduled meeting. All meetings of the Authority shall be o s en to the public and governed by the provisions of Chapter 26, Florida Statutes. All meetings of the Authority-shall.betheld in a public building located in the City. SECTION 19: , Audits;Filing: The Authority shall make pr.visions for an annual independent.post audit of its financial records as provided in Section 11.45, lorida Statutes. A copy of the audit shall be filed with the City. All reports of information req,fired to be filed with the City under Sections 11.45, III189.416, 189.417, 218.32 and 218.34,Florid. Statutes, and this Ordinance shall be filed with the City Clerk. SECTION 20: Conflicting Ordinances: This t rdinance shall supersede all ordinances or parts of ordinances in conflict herewith. SECTION 21: Severability: If any se,tion, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held to be constitutional, inoperative, invalid or void by any court of competent jurisdiction, such holding : all not affect the remainder of this Ordinance. SECTION 22: Inclusion in the Code of Ordinances: The provisions of this Ordinance shall become and be made a part of the ode of Ordinances of the City of Zephyrhills, Florida. The sections of this Ordinance may be emembered or relettered and the word "ordinance" may be changed to '!section", "article" or suc, other appropriate word or phrase in order to accomplish such., SECTION 2.: Eff:ctive Date: This Ordinance shall become effective (9011-64 / , A.D., 1996. The foregoing Ordinance No. C 4-1a_. 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 ./ "day of , A.D., 1996. - '''- � 2 , 1 - � OR BK .31629 PG 1 a 1 - ' � p� h.A 1 ` ? 8 of t..- J� / i. Air - ' / AN L. BRE / �, -President of City ouncil Attest: -- .--- 6,4U-„.:7 Citry„Cler LINDAO.BOAN " -nu f i, The foregoing;Ordinance No. 6,1-/A was read and passed on its second eading in open and regular meeting by the Crt r ouncil of the City of Zephyrhills, Florida, o, this ,,26day of ,f. =�•a. A`D: x`996. 111 ill r C1I Z,. N y y96i � /���, �a .1 ::,' m/.i '*04.4 - `1+ ; Z. A , N L B , _ tom%' resident' of City ou cil Attest:( _ -. - "lam/ I le- `LINDA D3OAN ('O L/h T.Y.t� O a The foregoing Oldinance No. o`P was read and I.ssed on its third reading in open and regular meeting by zthe bay'Council of the City of Zephy hills, Florida, on this ( day of a , 1 4 2 E _P h y, A.D.,11996. fii 41co . BRE IA J ;1_ ' esid t of City .•uncil /3 'Attest: =� _ GLk� City Clett L N A DG/iOAN 0 The= bregoing,;Ordinance No. 6 , was approved by me this % day of id' � �/� , A.D.; 1996. irt A i 4A. , i !'AMES A. BAILEY, Mayor i / _ II