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HomeMy WebLinkAboutOrdinance - 5114-1966 - Amending Chapter 3, The Airport And Aircraft, Duty Of Airport Board - 10/13/1966.. ,o-\-o -l'iW ORDINANCE NO. 5J 14 AN ORDINANCE AMENDING CHU>TER THREE6 THE AffiPORTS AND AffiCRAFT CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF L UBB ESTABLISHING AND CLARIFYING DUTIES OF THE AIRPORT BOARD AND THE DffiECTOR OF AVIATION; PROVIDING FOR PUBLICATION OF THIS DESCRIP- TIVE CAPTION AND THE PENALTY CLAUSES6 SECTIONS 3-26 (-28) and 3-28 OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK .. K· > WHEREAS6 it is the desire of the City Council of the City of Lubbock to give guidance to its boards and administrative personnel; and WHEREAS, it appea rs that Chapter 3 of the Code of Ordinances r egulating Airports and Aircraft is in need of revision to provide such guidance; NOW THERE FORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 3 of the Code of Ordinances of the City of Lubbo > Airports and Aircraft6 BE and the same is hereby amended by amending the - following sections to read as follows: "Section 3-1. Director of Aviation-Office Created. There is hereby created the office of Director of Aviation who shall be appointed by the City Manager and shall be directly responsible to him or his designated staff director. Section 3-2. Same-Duties Generally .. The Director of Avia tion shall be and is hereby charged with the general management and control of the Lubbock Municipal Airport and other air navigation fa.cilities owned and operated by the City and is hereby authorized., directed, and empowered to supervi.se all operations of every nature conducted at such airports and facilities. It shall also be the duty of the director to fully account for all properties in his custody and for all moneys collected and disbursed under his supervision and direction to the City Manager in the same manner as other employees of the City of Lubbock or as directed. The Director of Aviation shall have such other duties as may hereafter b:e· prescribed a nd shall be responsible for the proper operating of all airport facilities., including all lands., buildings., and other facilities not directly connected with aviation. but included on the airport proper ty. Section 3-3. Same-Police power; Employment of Personnel. Within the boundaries of lands constituting airports owned and operated by the City., the Director of Aviation shall have., and is hereby authorized .... L'c(;nti"'directed to exercise all police powers vested in the Chief of Police., and to this end is hereby delegated full authority to direct all guards necessary to p1mtect the safety and welfare of the public. as well as all airport properties., and also the security of the water treatment facilities and grounds on the east side of the Lubbock Municipal Airport, and provided,. however,. that all such guards and other employees shall be employed in accordance with the usual personnel practices of the City. Section 3-4. Airport Revenue Fund and Budget. There is hereby established a fund referred to and designated as the Airport Revenue Fund. The auditor of the City is directed to establish this fund, as designated in the City depository and in his accounts.,\ and to place in such fund all airport revenues not otherwise disbursable. All revenues produced by operation of the airports shall be paid into this fund, and no disbursements shall be made therefrom except for the purpose of operating., maintaining., and developing airports. All expenditures shall be made within the amounts and limits established by the airport budget for each fiscal year. It shall be the duty of the Director of Aviation to timely submit to the City Manager an annual budget which has been reviewed by the Airport Board for pre- liminary approval. Section 3-17. Airport Board; Authority. (a) Generally. As provided by Article 46d-6., T.R.:c..:s.:., the Airport Board shall have such authority as may be now or hereafter delegated by the City Council. The Airport Board is hereby delegated authority for the planning., development, construc- tion., enlargement., i.Inprovement., maintenance., equipment, operation,. protection,. and policing of airports and other air-navigation facilities · established., owned,and controlled., by'.:the City; provided., however., that the delegation of authority shall never be construed to limit or control., in any manner, the power of the City Council to limit and control expen- ditures to be made in connection with such air,ports and as provided by budgeting laws governing municipalities. (b} Rental of Airport Property. The airport board is authorized to enter into agreements for the rental of land., buildings and facilities at any airport owned and/ or operated by the City. The airport board shall rent such land, buildings and facilities or enter into agreements-;for commercial usage of such larid., buildings anf facilities at or above the minimum rentals and fees approved by the City Council. The Director of Aviation is authorize to execute rental agreements., when approved by the Airport Board on behalf of the board., for periods not exceeding five years~ unless the City Council shall., by resolution., expressly approve any such agreement for a longer ter All rental agreements shall be executed on forms approved by the City Attorney. =·-='.,::;,-. ~-11==================================-=====itF= ' Section 3-18. Rules and Regulations. The Airport Board shall have the power to prescribe and formulate reasonable rules and policies., and regu- lations governing the operation of the Municipal Airport and the conduct of flying thereon; subject however, to the provisions of any superior law governing the same. Such rules shall be enforced by the Director of Auiation provided, however., that the delegation of authority shall never be construed to limit or control, in any manner, the power of the City Council to change., modify, or alter any rules., regulations., policies or procedures. Section 3-19. Powers generally. In addition to the authority delegated by the foregoing section., the Airport Board shall., from time to time., as it may deem proper, submit to the City Council its written recommendations for improving airport services and for establishing rules and regulations and changes thereto. 11 SECTION 2. THAT Chapter Three of the Code of Ordinances of the City of Lubbock BE and the same is hereby amended by repealing the following sections: "Section 3-5. Rental of Airport Property., Section 3-20, Duty to Receive and Account for Revenue., Section 3-211 Expenditure of Reports; Annual ReportslOfReceipts and Disbursements, Section 3-23 Audit of Books. SECTION 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption hereof and the penalty clauses., Section 3-26 (28) and Section 3-28 as an alternative method of publication provided by law. AND IT IS SO ORDERED~., Passed by the City Council on first reading this 13t1i day of October Passed by the City Council on second reading this 27th day of October \ ' l Lave !" /~ · .Ci. A,s i.b.t, Ci IY, Attorna ~ , 1966 , 1966 ----- .......-- Sec. 3-26. Air-traftic..rules. ..... . . . . . ... (28) Penalty. Any person, firm or corporation violating the terms of this section shall upon conviction he tined ... in any sum . ~ ----not exceeding $200.00. · Sec. 3-28. Violations. Any person operating or handling an aircraft or motor vehicle in violation of any provision of this article, or refusing to comply therewith, may be ejected . from the municipal ~ir- port, or may be grounded by the director • of aviation.· and, upon a hearing of the airport board may be deprive4_ of the further use of the municipal airport and its facilities for any period of time that may appear necessary for the protection of life and property .