HomeMy WebLinkAbout575 Reestablish Airport Authority jum 16 'p1112: 07
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RECORD VERIFIED
JED PITTMAN
ORDINANCE NO. 575 Clerk Circuit Court,Pasco County
AN ORDINANCE OF THE CITY COUNCIL OF THE CIT"t}736,Q.
ZEPHYRHILLS, FLORIDA, ENACTED TO CREATE A
DEPENDENT SPECIAL DISTRICT KNOWN AS 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 EMPLOYMENT OF AN AIRPORT MANAGER;
PROVIDING FOR TITLE TO AIRPORT LAND AND
IMPROVEMENTS TO BE RETAINED BY CITY; PROVIDING
FOR TORT LIABILITY OF AUTHORITY; PROVIDING 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; 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 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 the airport is operated and managed as
effectivelyas possible to protect and safeguard the public health, safety and welfare of the
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residents of the City; and R 1590223 €6 16/93 1 G° 1 t At
REFERENCE #1 23031
WHEREAS, the City has determined that the ai ���� �e1�3r�perated-and33° .�
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managed by creation and appointment of a separate public authority to operate-fnyi panage thea; 50
airport; and 115031 CHARGED: 37.50
CECINO 01—rA 41T PAID= .00
Record and Return to: 'r
City Clerk's Office :, "�"�3162
5335 8th Street i' `' QEf,CRC PAGE
Zephyrhills, FL 33540`
WHEREAS, Section 189.4041, Florida Statutes, provides the City with the authority to
create by Ordinance, a separate public entity to operate and manage the airport.
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 "Zephythills 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 operate and maintain the City owned 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) "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
eNi2 i b2 PAGE 1 034
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 be 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 proper public purpose.
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
111 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
- i
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,
d I O
RECORD Z PAGE 1035
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 have jurisdiction over the operation and
management of and improvements to 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, including the buildings and
hangars thereon, and to grant concessions upon such terms and conditions as it shall deem proper;
(4) To employ necessary personnel, including an airport manager, whose duties and
salaries shall be prescribed by the Authority;
(5) 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;
(6) To adopt a budget annually, and to amend it during the fiscal year;
(7) To adopt rules for the regulation of its affairs and the conduct of its business, and
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;
(8) To adopt and alter an official seal;
(9) To maintain an office within the City;
(10) 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;
(11) To issue revenue bonds and refunding bonds of the authority to pay the cost of such
of dKc 2162 PAGE 1 UJ6
acquisition, construction, reconstruction, improvement, or equipment, subject to approval by the
City Council.
(12) 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; 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:
Budget: The Authority shall during each fiscal year, prepare and adopt an annual budget
for such revenue and expense accounts as the Authority shall prescribe for its operations in the
ensuing fiscal year for appy Ival by the City Council. The fiscal year of the Authority shall be
the same as that of the City. The budget shall include all estimated revenues and all estimated
expenditures for the ensuing'fiscal year.
SECTION 10:
Airport Manager: The Authority may employ an aviation experienced airport manager
to administer all airport operations and to supervise all airport projects. The decision to employ
or terminate the employment of the airport administrator shall require the affirmative vote of
three members of the Authority.
SECTION 11:
Relationship Between the Authority, City, County, and State: The Authority shall have
the power and responsibility to operate 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 operation and development
of an airport. Applicable building codes of the City shall apply to all construction 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
Fccdc 3 1 02 PAGE 1037
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 12:
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 13:
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 14:
State Requirements: The Authority shall comply with all applicable creation, dissolution
and reporting requirements set forth in Chapter 189, Florida Statutes.
SECTION 15:
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 16:
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 17:
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 18:
''''''''316Z PAGE UJU
RECORD
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 nay be served. The registered agent shall be an individual resident
of the State 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 filing such information with the Department and with the City. __
SECTION 19:
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 20:
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, 189.416, 189.417, 218.32 and 218.34, Florida Statutes, and this Ordinance shall
be filed with the City Clerk.
SECTION 21:
Conflicting Ordinances: This Ordinance shall supersede all ordinances or parts of
ordinances in conflict herewith. _ _
SECTION 22: \
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-tlfis Ordinance.
SECTION 23:
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
Fr01(13162 PAGE 1039
"section", "article" or such other appropriate word or phrase in order to accomplish such.
SECTION 24: -�
Effective Date: This Ordinance shall become effective J Air JS ,
A.D., 1993.
The foregoing Ordinance No. 76—
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 c7. Vt-l'
Of 0 , A.D., 1993.
U _
\; • •. /:, //1 / /
\•. I r 4� 0 r
a 1 / "' CL E C. BRACKNELL
sf,i`" P esident of City Council
Attest . __/ s� % `J
'Cleik,..LW)A D. BOAN
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The foregoing Ordinance No. .5-75— 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 / — day
of (7).A77,-e,Cl , A.D., 1993.
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eLe--.Zlif
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`� • I
• CL E C. BRACKNELL
•o _ ,-' r- \ Pr sident of City Council
Attestc) ,
..'..: ...i.AL:.,:„.. /:21'City'Clerk,LIA`D.:!BOAN
._0()
r (( ,i j•; . . \.ter`, r.,
The foregoing Ordinance No. 6-7S— 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 p77-.1`!•Cday
of , A.D., 1993.
c
f/ ( 47,, /
i
'`'➢ ` `'' CLY E C. BRACKNELL
,i,:), ` President of City Council
/, 4,1,...)-:-. .-.7-2
Attest:
l`1J' .
Ci C'ierk, LINDA t' BOAN
,
The foregoing Ordinance No. 57 was approved by me this l7 'day of
_ ?,(A441,0____ _, A.D., 1993.
' 1 1 4 I di,L A,,e
J•(ES A. BAILEY, Mayor
Pff.Oku 3 i UL PAGE 1040