HomeMy WebLinkAbout537 Special District – “Zephyrhills Municipal Airport Authority District Ordinance” • • °-lit1. 3A1d6). • .
P ORDINANCE NO. 537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF 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 A 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.
111
WHEREAS, the City of Zephyrhills, Florida owns and operates a
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 effectively as possible 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 can be
most effectively operated and managed by creation and appointment
of a separate public authority to operate and manage the airport;
and
WHEREAS. Section 189.4041, Florida Statutes, provides the
City with the authority to create by ordinance a separate public
entity to opex a to and manage the airport. O.R. 2 O 2 1 PA G E 1 ?6 3
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Zephyrttills, Florida. -,4
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SECTION ONE
Short Title.
This Ordinance may be cited as the Zephyrhills Municipal
Airport Authority Ordinance.
SECTION TWO
Declaration of Intent.
The intent and purpose 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 THREE
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 or demand required or permitted by
law to be served upon the Authority may be served.
O.R. 2 0 21 PAGE 1 7 6 4
( 11 ) "State" means the State of Florida.
SECTION FOUR
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 FIVE
Membership; terms of office; officers; quorum; meetings;
removal.
( 1 ) The Authority shall consist of five members
appointed by the City Council. As a condition of eligibility for
appointment and to hold office, each member shall be a resident of
Pasco County, Florida.
(.2) The term of office for each member shall be two
years. Each term shall expire on June 1 in the year of expiration
of the term.
(3) A chairperson, vice chairperson, and secretary
shall be chosenby and from the Authority membership. The term of
office for the chairperson, vice chairperson, and secretary shall
be one year, and no member shall hold the same office for more
than two consecutive terms.
(4) A quorum shall consist of three members, but the
affirmative vote of not less than three 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 consecutive regular meetings of
the Authority shall be deemed nonfeasance, without limiting the
meaning of that term. .
O.R. 2021 PAGE1765
(7) Vacancies in office shall be filled by the City `
council for the balance of the term, not later than 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 SIX
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;.
O.R. 2 C 1 PAGE 1 6
(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;
11 (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 or refunding bonds of, the
authority to pay the cost of such 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 SEVEN
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 EIGHT
• 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 approval by the City Council. The fiscal year of
O.R. 2O21PAGE 1767
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 NINE
Airport Manager.
The Authority shall 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 four-
fifths vote of the members of the Authority.
SECTION TEN
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 or 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 ELEVEN
Title to Airport Land.
The title to the land and improvements comprising the
Zephyrhills Municipal Airport shall continue to be vested in the
City of Zephyrhills.
SECTION TWELVE
Liabilities. -
The Authority shall be liable for its obligations and for
damages caused by the negligent acts or omissions of the
O.R. 2021 PAGE 1768
Authority. The Authority shall be deemed to be an agency of the
State for the purposes of Section 768.28, Florida Statutes.
SECTION THIRTEEN
State Requirements.
The Authority shall comply with all applicable creation,
dissolution and reporting requirements set forth in Chapter 189,
Florida Statutes.
SECTION FOURTEEN .
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 FIFTEEN
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 valoremassessments in accordance. with
Chapter 170, Florida Statutes.
SECTION SIXTEEN .
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 conditionor
conditions will occur if action is not taken to assist the
Authority.
SECTION SEVENTEEN
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
O.R. 2O21PAG[1 69
the Authority may 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 EIGHTEEN
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 286, Florida Statutes. All meetings of the
Authority shall be held in a public building located in the City.
SECTION NINETEEN
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 TWENTY
Conflicting Ordinances.
This Ordinance shall supersede all ordinances or parts of
ordinances in conflict herewith.
SECTION TWENTY ONE
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.
O.R. 2021116E1'770
'.
SECTION TWENTY TWO
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.
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SECTION TWENTY aw
}MICE 4 115071 ,
fiE c 0 RD r NG i 7N 0 F T NIG 37.on
Effective Date. RECORDS MODERNIZATION FEF 5.1T
This Ordinance shall become effective October 1, rIWAI.: 42.00
The foregoing Ordinance No. 5-.37 was real : ppAngllon itw
CPAU0 014 ANT .0i''kTD: nn
first reading 'in open and regular meeting by the City Council of
the Ci*(p (4-phyrhills, Florida on the /37q- day of inai ,
... . .., .......2-,,',„.. -
..,2, .
1991:- .. . ,
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P—sident of Cta c9uncil
Attest li-j -r -
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The fOre oin Ordinance No. 3 was read and passed on its
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second reading in open and regular meeting by the City Council of
the Cityleigi6hyrhills, Florida on the A00-- day of Inot ,
A.D. , 1991N\ e
• ,-';) 's, ,__, 41! /
PrTrident of Cit ouncil
Attes-t: - .12) az-A/net- '
p .. .derk ,,,
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The foregoing Ordinance No. 537 was read and passed on its
third reading in open and regular meeting by the City Council of
L E2,
the City(74-24ptihyThills, Florida on the /00- day of Itiqui__ ,
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Ii / /A ,
' Arid
i P ./1- dent of C tylitouncil
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Attes 4 • • _ ?„,1,,t,-- , ,f_v
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The foregoing Ordinance No. 6.37 was approved by me this 01'
day ofgini,,
li , A.D. , 1991.
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May or
ordinance.002
O.R. 2021116E1771
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