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Home My WebLink AboutO-80-25ORDINANCE NOr O- ~-~" AN ORDINANCE CREATING CHAPTER 3A OF THE CODE OF ORDINANCE RELATING TO THE SEBAS- TIAN MUNICIPAL AIRPORT; CREATING THE AI~RPORT ADVISORY BOARD; FIXING TERMS AND QUALIFICATIONS OF MEMBERS; ESTAB- LISHING POWERS AND DUTIES; PROVIDING FOR PROCEEDINGS AND ADMINISTRATION; APPOI'NTING AIRPORT MANAGER; PROVIDING FOR RULES AND REGULATIONS; REPEALING ORDINANCE 0-:79-4 ANDO~79-.4(1); PROVIDING AN EFFECTI'VEi DATE. THE COUNCIL OF THE CITY OF SEBASTIAN HEREBY ORDAINS: SECT.I'ON I, That Chapter 3A of the Code of Ordinances, City of Sebastian ('1980). is hereby created to read as follows: CHAPTER 3A AIRPORT Sec. 3A-1. General. Under provisions of the Airport Law of 1945, Florida Statutes, Chapter 332, the Policies and Procedures of the Sebastian Municipal Airport are hereby established. Geo- graphical description is contained in the Fleming Grant of January 29, 1959, comprising 604-44 acres, including four easements. For the purposes of this ordinance, all references will include any additional adjacent property, hereinafter acquired, Authority for enforcement of all dictates not contained in this ordinance may be found and shall be in accordance with Chapter 810, Florida State Statutes and pertinent Federal Aviation Administration (FAA) Rules and Regulations. Sec. 3A-2. Definitions. For purposes of clarity, the following abbreviated titles will be used. Airport - The City of Sebastian Municipal Airport. Manager - The Airport Manager, who shall be considered the agent of the City. Director-A City Officer and Department Head of the City charged with supervising all airport related matters. Board -.The Airport Advisory Board consisting of seven (7) members, and an alternate, responsible to the City Council. Sec 3A-3 LiaDi'l~X. All perso'n's entering or uti~lSzi'-ng the airport, for any reas~n~ aut~mati~cally §~ant hold harmless consent which relileves the C~..ty of Seb.astSan of any and all liability for any i~njuri~e.s or damages 'to persons or property, including losses of any' kl.nd~ regardless 'of the condi'tilons or circumstances. Sec,. 3A-,4. ~t~p~t Advi~.sory' Board, C.rea~ed, (...a) Th]e Atrpo'rt Adv~'sory' Board f.s. hereby created ~nd sh.all cons'tst of seven (]7)] ¥ot?ng members' and one (1) alternate member appoi]'nte.d bY~ the Counci~l for three (3) year terms from among the quali'fi~ed voters of Indian River £Qunty. The alternate s,hall attend all meet!-ngs of the Board and may' vote i',n the aD.$ence of a regular mem~er, The Chairman of the Board shall be appoi?nted annually by the Council from among ii..ts members, (b.). Ex*,Off~..cd'o Members. The Board shall also consi~'st of two (..2). non-¥oti~ng membems' who shall be the Airport Manager (]or the Ai',rpo.rt Director, at such ti'me as the Council shall retain such a person)., and one member of the Council, as the Ci~ty Council shall from tic.me to time designate~ S..e.F... ~ .3A.r ~5., M em b e ~ s~ ~ Members of the Board wi'll serve on a voluntary basis with- olu.t remunerati'on, No memb. er shall have an exi'sti'ng financial il, nterest i'n or a potentt'al 9ai'-n from the airport, and upon acquii'.si, ti.~on of el'th.er must submi't State of 'Florida CE Form 4-EFF, 1/]/77~ Memorandum of ¥oti'n9 Conflict~ thereby being classi."fil, ed a~' a non-.voting membe~ on all 'matters so related. Vacancies on the Board shall be filled D.y Public Noti"ce, to be. posted or advertised for a peri'od of not less than thirty (_30). day. s., or until filled. County' residency, voluntary servitude, and ailrportTai~rcraft related experience, along wi]'th a sound business o~ admii'ni'strati"ve background should be prerequi'sites, i'n the selecti'on of a board member. Sec, 3A-6. Powers 'and Duti'es, The Board shall have advisory authority in the -2- drafting of construction, improvement, maintenance, equipment, operation and regulation of the Airport, including submission of proposed leases, financial and funding programs, and changes to existing policies and procedures of the operation of the Airport, All recommendations shall be submitted to the Ci'ty Council for f~nal approval. Sec. 3A-7, proceedings. (a) Meettngs of the board shall be held at the call of the Chairman and at such time as the boa.rd may determine. A quor.um sh. all consist of four [4) members. (ih) All meet!'ngs of the board shall be open to the public, The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or faili~ng to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immedl'ately filed in the Office of the City Clerk and shall be a public record. (c) The Chai'rman, or in his absence, the Vice- cho!.rman, may ad.min~ste~ oath. s, ~ ~ The boa.rd shall adopt such other and additional rules as it deems necessary to conduct its business, subject to approval by the City Council? Said rules shall be filed with the office of the City Clerk. Sec, 3A-8. Administration. Administrative services will be provided to the Board by the City Clerk, which office will be the official office of record. All outgoing correspondence will be routed through the Office of the City Clerk for proper signature. Incoming correspondence will be addressed to the City of Sebastian, to be forwarded to the Board for necessary action. Sec. 3A-9. Airport Manaqer. (a) The Airport Manager, recommended by the Board and approved by the Council, shall be an existing fixed base operator or another qualified person who shall administer and be responsible for the enforcement of field rules, operational -3- procedures~ and all maintenance and storage requirements in compli'.ance with. Federal Avl'atl, on Admtntstrati'on Rules and Regulations and C~ty Ordi'nances. He shall p~esent for review, as requested ky the Board, complete reports ~egarding any and all airport activities., All copies of Federal Aviation Admini- stration and Department of Tr~nsportati'on reports will be submitted to the B'oa~d, (b) Field Rules (Ref: Resolution No. R-79-11): To be established and prominently displayed at the Airport, by the Airport Manager. Field Rules and City Ordinance would, for the purpose of enforcement, be mandated on all air, ground, vehicular and pedestrian traffic. Penalties for non-compliance with any of the above would be disbarment from the airport for thirty (30) days for first offense, or permanent disbarment for a second offense by air or ground. None of the above is meant to except, duplicate, or relieve an offender of other exisiting FAA, State, County, Civil or Penal Codes, Rules or Regulations. Section 3A-lO. Rules and Regulations; Airport Director. The position of Airport Director, an officer of the City, is hereby established. Prerequisites for the position would include a strong background of administration and finance in airport/aircraft related fields, as well as a sound under- standing of local government. The Director, in addition to supervising all airport activities, would be responsible for seeking and procuring all future revenue bearing activities plus DOT and FAA funding for which the airport qualified. Additional public relation efforts and exploration would be required in the areas of leases, contracts, and concessions, to produce further revenues. The Director would submit, at the request of the Council, an annual budget in keeping with the City Charter. (iAuth: Ordinance No. 0-78-9, Section 1.02, paragraph 7.) Sec. 3A-11. Finance. The Finance Director shall .have custody of all -4- airport funds as pro¥ided by' th.e Charter of the City. Ex- pendi'tures of airport funds for operations, 'maintenance, renewal and replacement shall be recommended by the Board for approval by the City Counc!l, The Board should annually, at the same time as is requi'red by~ the C~ty, prepare i'n final form a detai'led budget for the ensui'~ fiscal year for approval o~ the C~ty Council. All a~rport funds shall be subject to audit and safeguards ~equ!~ed of all other funds of the City. S'ECiT!'ON 'I~, This Ordinance shall take effect immediately upon becoming law, SECT!O.N'IiI, Ord~.nances NOS, 0-179-4 and 0-79~4(1) and all other ordinances, or pa~ts of ordinances, in conflict or inconsistent wilth, the provisions of thcs ordinance, are hereby repealed. SECTION iV, If any section, subsection, sentence, clause, phrase o~ word of th.!~ ordinance l~ for any reason held unconstitutional or invalid, for any reason, ~uch ruling shall not affect the validity or const~tutionality of any of the remaining portions of this ordinance, ! HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the Ci~ty of Sebastian, Florida, on the ~ d~y of ~ , 1980. Mayor, City of Sebastian -ATTEST: /~ ~ '~ ,'City Clerk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in -5- the Ci. ty Hall of the City of Sebastian, Flo.rida, at 7.'0o~(. , on th~.e 37t~' day, of '~ , 1980, and that the fovegoi'n? Ordi'nance was duly. pass, ed and adopted b~y. the Cii'ty Counci)l of the C~.ty, of Sebastian, Florida, on thee ~'~ day of ~ , 1980, ~ ity Cl~rk · ........ -6- Pat Flood, Jr. P~oyor City q/ Sebr 'tian POST OFFICE BOX t27 i~~, SEBASTIAN, FLORIDA 32958 TELEPHONE (305) 589-5330 Florence L. Phelan City Clerk Public Hearing to consider the adoption of the following Ordinance: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF ORDINANCES, RELATING TO "UTILITIES" BY AMENDING METHOD OF PURCHASE OF A UTILITY BY CITY; ESTABLISHING PRO- CEDURES FOR FIXING AND CHANGING RATES; PROVIDING SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. ~ AGENDA REGULAR COUNCIL MEETING - MONDAY, OCTOBER 13, 1980 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVE MINUTES OF PUBLIC HEARING 9/9/80, SPECIAL MEETING TO DISCUSS EMPLOYEES' SALARIES 9/17/80, PUBLIC HEARINGS 9/17/80 PROCLAMATIONS AND/OR ANNOUNCEMENTS COMMITTEE REPORTS OLD BUSINESS: UTILITIES ORDINANCE FAT BOY ANNEXATION ORDINANCE PROVIDING FOR THE LEVY OF AD VALOREM TAXES ORDINANCE REZONING HARDEE'S A~DITION TO SEBASTIAN ORDINANCE REZONING UNIT 7, SEBASTIAN HIGHLANDS RESOLUTION - SEBASTIAN CEMETERY ASSOCIATION RESOLUTION - GOLF COURSE BONDING LENGTH OF TERMS - ZONING BOARD & VARIANCE BOARD NEW BUSINESS: BID FOR SPRINKLER FOR BALL FIELD RESOLUTION DESIGNATING TRACT "A", UNIT 9, SEBASTIAN HIGHLANDS, SOLELY AS A UTILITY SITE ORDINANCES RE WATER AND SEWER FRANCHISES WITH GENERAL DEVELOPMENT CORPORATION CONSENT OF JUDGMENT EXTINGUISHING PLAT KNOWN AS "HUDSON'S ADDITION TO SEBASTIAN" CHANGE DATE OF SECOND COUNCIL MEETING ABANDONMENTS OF EASEMENTS - LOTS 11 & 12, BLOCK 4, SEBASTIAN GROVE ESTATE (MUMM) LOTS 11 & 12, BLOCK 105, UNIT 2, SEB.HIGH.(WATSON) LOTS 4 & 4, BLOCK 113, UNIT 2, SEB.HIGH. (HORTON) PERMISSION TO USE COMMUNITY CENTER - COLONIAL DAMES PERMISSION FOR TEMPORARY TRAILER PARKING (BARNEY) MAYOR'S MATTERS CITY ATTORNEY'S MATTERS ADJOURN