HomeMy WebLinkAboutO-93-08ORDINANCE NO. 0-93-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL
AIRPORT; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; AMENDING SECTION 22-29(a) OF THE
CODE OF ORDINANCES TO PROVIDE THAT THE CURRENT AIRPORT
MANAGER SHALL BE A FIXED BASE OPERATOR; 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.
WHEREAS, the City Council of the City of Sebastian had
previously adopted Ordinance No. 0-92-14 which amended former
Section 3.5-4(a) of the Code of Ordinance of the city of Sebastian,
now designated as Section 22-29(a), to remove the requirement that
the airport manager for the Sebastian Municipal Airport shall be a
fixed based operator at the Sebastian Municipal Airport; and
WHEREAS, the city Council of the City of Sebastian adopted
Ordinance No. 0-93-05, which extended the effective date of
Ordinance No. 0-92-14 until April 7, 1993; and
WHEREAS, the City Council of the city of Sebastian has
determined that the current airport manager would be unduly
burdened if that individual was required to sell the fixed based
operation at the Sebastian Municipal Airport currently owned by
such individual; and
WHEREAS, the city Council of the City of Sebastian has
determined that the manner in which the current airport manager
conducts his fixed base operation at the Sebastian Municipal
Airport does not conflict with his duties as the airport manager of
the Sebastian Municipal Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. Section 22-29(a) of the Code of Ordinances of the
City of Sebastian is hereby amended in its entirety to read as
follows:
"(a) General Duties.
(1) The airport manager shall be appointed by the city
manager. The airport manager 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, state statutes and
rules 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 reports, U.S. Department of Transportation
reports and Florida Department of Transportation reports will be
submitted to the city manager.
(2) Notwithstanding anything contained in paragraph (1)
of this Subsection 22-29(a) to the contrary, the individual who is
serving as the airport manager as of April 28, 1993, shall be a
fixed base operator at the Sebastian Municipal Airport until such
time as that individual no longer owns a fixed base operation at
the Sebastian Municipal Airport."
SECTION 2. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. 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.
2
SECTION 4. 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 this 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 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council
Member ~-~ . The motion was seconded by
Council Member /~c~z~?.~~, and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~ day of
ATTEST:
O'Halloran, CMC/AAE
City Clerk
, 1993.
~hnie R. Powel~, Mayor
(SEAL)
- I HEREBY CERTIFY that notice of public hearing on this
-Ordinance Was published in the Vero Beach Press Journal as required
'~y State Statute, that one public hearing was held on this
'Ordinance at $:00 p.m. on the Z$~ day o~ ~//W~/ , 1993, and
that following said public hearing this Ordlnan~/was passed by the
~ouncil.
Kathryn ~. O'Halloran, CMC/AAE
city Clerk
(SEAL) '
Appro//~orm and Content:
Charles Ian Nash, City Attorney