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HomeMy Public PortalAboutORD08317 d � DILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, REPEALING ORDINANCES NUMBERED 7907 AND 7961 (BEING SECTIONS 1038-1045 OF CHAPTER 20 OF THE REVISED ORDINANCES OF THE CITY OF JEFFERSON, MISSOURI, 1956) RELATING TO THE MUNICIPAL AIRPORT AND ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Ordinances Numbered 7907 and 7961 of the City of Jefferson, Missouri, being Sections 1038-1045 of Chapter 20 of the Revised Ordinances of the City of Jefferson, 1956, be, and the same are hereby repealed. Section 2. There are hereby enacted eight new sections to be known as Sections 1038 through 1045 of Chapter 20 of the Revised Ordinances of the City of Jefferson, Missouri, 1956, relating to the Municipal Airport which shall read as follows : Section 1038. Airport Commission. There is hereby +created an Airport Commission which shall consist of twelve (12) members . Five (5) of the members of the Commission shall consist of members of the Airport Committee of the City Council . Six (6) of the members shall be from residents of the city. One of the members shall be the Director of Public Works of the City of Jefferson. The twelve (12) members shall be appointed at the first meeting of the City Council held after the city election of each year by the Mayor with the concurrence of the City Council. Members presently serving on the Airport Commission shall continue to serve until their successors are appointed and qualified. The Mayor shall designate one of the members of the Commission as its Chairman. The Airport Commission shall elect from its membership a Vice-Chairman and a Secretary. Members of the Airport Commission shall receive no compensation. Any member of the Airport Commission may be removed by the Mayor and a majority vote of all members of the City Council for failure or inability to attend meetings of the Airport Commission or for other good cause shown. The Airport Com- mission shall be subject to call and shall meet at such times and places as may be designated by the Chairman, or in his absence , the Vice-Chairman, and the Commission shall also meet upon the call of the Mayor at the time and place designated by him. The City shall indemnify every member of the Airport Commission, his heirs , executors and administrators , against expenses reasonably incurred by him in connection with any action, suit or proceeding to which he may be a party by reason of his being or having been a member of the Commission, except in relation to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for negligence or misconduct. Section 1039. Duties of the Commission. The Airport Commission shall have full and complete charge , control and management of the Memorial Airport and all premises comprising such Airport and shall have the duty to supervise and oversee all operations of the Airport, and it shall abide by and observe all regulations of the Federal Govern- ment, its subordinate administrative bodies , the State of Missouri, and the City relative to the Memorial Airport . Section 1040. Powers of the Commission. The Com- mission shall have the following powers: (a) It may appropriate money in reasonable amounts from the Airport funds for the management, operation and maintenance of the Airport, subject to the approval of the Director of Public Works, provided that, no appropriation shall be made for unusual expenditures without the authorization of the City Council and the Mayor of the City; provided further, that the Commission shall prepare a monthly financial report to be filed with the City Clerk and shall file with the City Clerk Minutes of all of its meetings for distribution to members of the City Council and the Mayor. (io) It shall make all decisions pertaining to the normal and customary operation, management and maintenance of the Memorial Airport and shall control and determine operation policy on said Airport. It shall prescribe and adopt rules and regulations con- trolling the management, maintenance, operation and use of the Airport . Such rules and regulations prescribed and adopted by the Airport Commission, under the authority of this Ordinance, shall be enforced by the Airport Commission and the Airport Manager, and to this end, the Airport Commission and the Airport Manager, if need be, may call upon all officers, officials and employees of the City of Jefferson for assistance, which assistance may be given. Copies of rules and regulations adopted by the Airport Commission, hereunder, shall be filed with the City Clerk. (c) It shall oversee and supervise, direct and control the duties and work of the Airport Manager. (d) It may negotiate contracts and leases relating to the use of all land and buildings at the Memorial Airport by individuals, firms or corporations for either commercial or private operations of aircraft, fixed vase operations, for agricultural purposes, and for the use of all city buildings and appurtenances on said Airport for such periods of time and at such rentals as may be decided upon by the Commission, and shall submit all of said contracts and leases to the City Council for approval and for signature by the Mayor, if approved, on behalf of the City of Jefferson, Missouri. (e) Subject to the approval of the Director of Public Works, it shall select and employ such persons as it deems necessary to employ to manage and operate the Airport in an efficient and business- like manner, and shall cause to be paid, subject to the approval of the Director of Public Works, from the Airport fund the compensation to such em- ployees. Such employees shall be deemed to be em- ployees of the City of Jefferson. It shall be the duty of the Director of Public Works to assist the Airport Commission and to supervise the planning for and all construction at the Airport and to make such alterations and improvements at the Airport considered necessary by the Commission and the City Council . Employees under the supervisor and control of the Director of Public Works may be used to make alterations, maintenance and improvements upon all land and buildings owned by the City on the Airport property and compensation therefor shall be paid from the Airport fund. (f) Any person, firm or corporation:'desiring to erect any building or buildings on the Airport, or desiring to enter into any business and provide any services at the Airport shall make an application in writing to the Commission, through the department of Public Works, for permission to provide such commercial service, or to lease any property or conduct any business on the Airport, agreeing that if he or it is authorized by the City of Jefferson to provide commercial airline service, to provide fixed base operation, to lease any property on the Airport or to conduct any business on the Airport that he or it will meet the following qualifications: (1) That such person, firm or corporation is insured, and will continue to be insured, and will .provide the City, through the Com- mission, with evidence of such insurance against public liability and property damage in the following amounts: For injury or death to one person - $100,000.00; for injury or death to two or more persons in one accident - $300,000.00; for damage to property - $100,000.00; for ag- gregate damage to property - $300,000.00. (2) That in the case of those persons, firms or corporations, offering commercial scheduled airline service, such persons, firms or corpora- tions must be authorized by a certificate of convenience and necessity issued by the Civil r Aeronautics Board of the United States or by JW an appropriate certificate of authority from a governmental agency, to provide such scheduled commercial airline service to the Minicipal Airport. The Commission is authorized and em- powered to give permission and consent for the commercial use of the Airport under such terms and conditions as may be prescribed by the Commission and it is authorized to negotiate and enter into contracts, subject to the approval of the City Council and the Mayor of the City, with such persons upon such terminal rental rates and other charges as the Commission, the City Council and the Mayor, may determine, and the payment of landing fees for scheduled commercial airline service as are hereinafter provided. (g) Such other powers as are reasonably necessary and incidental for the purpose of carrying out the express powers hereinbefore granted. Section 1041 . Airport Manager. There is. hereby created the office of Airport Manager. He shall be appointed by the Mayor upon the recommendation of the Commission, and the approval of a majority of the members of the City Council. He shall serve at the will and sufferance of the Commission and of the Mayor. The compensation of the Airport Manager shall be fixed by the Commision, with the approval of the Mayor, and paid from the Airport Fund. The Airport Manager, under the supervision and direction of the Commission,, is hereby vested with full power and authority to enforce this Chapter of the City Ordinances relative to Airports, to enforce all rules and regulations adopted by the Commission, and to perform all duties assigned by the Commission, and if need be, call upon officers and employees of the City for assistance. The Council does hereby constitute and appoint the Airport Manager as a conservator of the peace and as a - police officer having the power to make arrests. Such appointment shall be applicable to the office of the Air- port Manager and each succeeding encumbent shall likewise succeed to the powers herein given. Section 1042. Airport Fund. There is hereby established a fund in the City Treasury to be known as the Airport Fund so long as the same shall be required for Airport needs . All moneys that are derived from specific taxation ordinances, bond issues, donations, rentals , fees, and from all sources of funds derived from the operation of said Airport shall be deposited into said account. Moneys from said fund shall be expended only for such purposes of advancing and promoting the efficient operation and advancement of the Airport and for the purposes authorized by this Ordinance relative to Airports. Section 1043. Fees and Charges. Any person, firm or corporation authorized to provide scheduled commercial -4- E airline service at the Airport, shall pay to the City, through the Airport Commission, $2.50 for each landing on the Airport of an aircraft of a size and weight of over 12,500 pounds maximum certificated take-off weight, and $1 .50 for each landing on the Airport of all air- craft of a size and weight of less than 12,500 pounds and not less than 6,500 maximum certificated take-off weight, and 751 for each landing on the Airport of all aircraft of a size and weight of less than 6,500 pounds maximum certificated take-off weight , used in performing scheduled airline service. Each scheduled commercial airline operator shall file a statement, on or before the 5th day of each month with the Airport Manager and the Commission dis- closing the total number of landings of the commercial carrier' s aircraft on the Airport for the preceding month, and the Airport Manager, on behalf of the Com- mission, shall then bill the commercial airline operator for the landing fees due the City which shall be paid to the City prior to the first day of the next succeeding month at the rate mentioned above, together with any other charges and fees prescribed by the Commission and as provided in any agreement or contract between any scheduled commercial airline operator and the Airport Commission. All ether fees and charges for commercial or other use of the Airport, for the occupancy of buildings owned by the City on the Airport, and for all services that are rendered at the Airport, either by the Airport Manager or fixed base operator, or by any person conducting a business on the Airport, shall be determined and fixed by the Airport Commission, either by express contract between the Commnission and any commercial operator or business at the Airport, or by a schedule of fees and charges determined by the Commission which shall be effective until changed or disapproved by the City Council . Section 1044 . Hangars and Buildings. All hangars, buildings and structures shall be built in conformity with the City Building Code for buildings in commercial and business areas . Plans for proposed construction shall be submitted to the Commission who shall secure the approval of the Director of Public Works of said plans prior to any construction. All hangars and buildings shall be of permanent type construction. Any person, firm or corporation desiring to erect a building or buildings on the Airport will be permitted to do so under a contract or lease negotiated with the Commission for the necessary land space and at rates to be determined by the Commission subject to the approval of the City Council and the Mayor of the City. The City and the Commission shall reserve the right to buy all buildings erected on the Airport on the following schedule: depreciation of buildings and hangars at the rate of 3% per annum for the- time the building has been erected, based on the actual cost for the erection of the building, said cost to be substantiated by actual invoices covering labor and materials at the time the building or hangar was erected, and the City and the Commission, in -5- the event it desires to buy a building or buildings, shall pay to the owner for the building or buildings the amount so determined under the above schedule for said building or buildings. In the event the City desires to purchase said building or buildings it shall give to the lessee, in writing, notice of its intention to purchase said improvements six (6) months prior to the purchase thereof. If the City gives notice as aforesaid, of its intent to purchase said building or buildings, the lessee may elect to retain and remove said improve- ments from the Airport at its own cost and at no cost to the City and the lessee shall at its own cost restore the premises to their condition prior to placing of the improvements on the Airport. Section 1045. Governing., Regulations. Appropriate regulations of the Federal agencies, all applicable laws of the United States, the State of Missouri, and the relevant. Ordinances of the City of Jefferson, Missouri, shall apply within the limits of the Airport. Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: _ Approved: A 2 P' a idint of he •Co ncil Mayor 4 Attest: Pity Cleric i -6-