HomeMy WebLinkAboutO-90-02ORDINANCE NO. 0-90-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL
AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO
DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING
SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO
SUBMIT AIRPORT ACTIVITIES REPORTS AND GOVERNMENTAL
REPORTS TO THE CITY MANAGER; DELETING SECTION 3.5-5
THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR;
AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER
TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING
SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL
SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL;
RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. That Section 3.5-2 of the Code of Ordinances of
the City of Sebastian is hereby amended to delete the definition
of airport director.
SECTION 2. That Section 3.5-4 is hereby amended to read as
follows:
"Sec. 3.5-4. Airport manager.
(a) The airport manager shall be appointed by the City
Manager, and shall be an existing fixed base operator or another
qualified person who shall administer and be responsible for the
enforcement of field rules, operation procedures, and all
maintenance and storage requirements in compliance with Federal
Aviation Administration rules and regulations and city
ordinances. The airport manager shall present for review, as
requested by the city Manager, complete reports regarding any and
all airport activities. All copies of Federal Aviation
Administration and Department of Transportation reports will be
submitted to the City Manager.
(b) Field rules (Ref: Resolution No. R-79-11) are 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 noncompliance 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 existing FAA, state,
county, civil or penal codes, rules or regulations."
SECTION 3. That Section 3.5-5, pertaining to the
establishment of the position and duties of the airport director,
is hereby repealed in its entirety.
SECTION 4. That Section 3.5-6 is hereby amended to read as
follows:
"Sec. 3.5-6. Finance.
The finance director shall have custody of all airport funds
as provided by the charter of the city. Expenditures of airport
funds for operations, maintenance, renewal and replacement shall
be approved by the City Manager. The City Manager shall
annually, at the same time as is required by the city, prepare in
final form, a detailed budget for the ensuing fiscal year for
approval of the City Council. All airport funds shall be subject
to audit and the safeguards required of all other funds of the
city."
SECTION 5.
Section 3.5-5.
That Section 3.5-6 is hereby renumbered as
SECTION 6. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 7. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this ordinance shall become and
be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 8. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be
affected and it will be presumed that the City Council of the
city of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Councilman
~.~.~.~~..,~ The motion was seconded by
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this /3"-~ day of ~,,~_ , 1990.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
W. -E. Con~~ayor
4
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by state Statute, that one p~blic hea~ing was held on
this Ordinance at 7:00 p.m. on the /~-tday of ~,~_ , 1990,
and that following said public hearing this Ordnance was passed
by the City Council.
Kath~y~M. O'Halloran, CMC/AAE
City Clerk
Approv~ as to Form and Content:
Charles Ian Nash, City Attorney
5