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Home My WebLink AboutVII (A6) First Reading Ordinance No. 98-35, Recreating Tri-City Airport Authority Agenda 11-17-98 Ocoee Item VII A 6 o S S. Scat Vouideirliaje or G00� Mayor 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 (407) 656-2322 FAX (407) 656-8504 MEMORANDUM TO: City Commission FROM: S. Scott Vandergrift, Mayor S9V/ DATE: November 11, 1998 RE: TRI-CITY AIRPORT AUTHORITY ORDINANCE Attached is a redrafting of the original Ordinance enacted in 1968, creating the Airport Authority. These changes were presented and approved by the Tri-City Airport Authority at our last meeting on November 10, 1998, and each of the three cities have been requested to place this item on their City Commission Agenda for adoption for finalization no later than mid-December, 1998. I would appreciate this Ordinance being placed on the November 17, 1998 Agenda, under First Readings of Ordinances. Attachment cc: Ellis Shapiro, City Manager THE PRIDE OF WEST ORANGE APOPKA# OCOEE# 98-35 WINTER GARDEN# AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING AN UNNUMBERED ORDINANCE ADOPTED BY THE CITY OF OCOEE DATED MARCH 12, 1968, ESTABLISHING AN AIRPORT AUTHORITY BETWEEN THE CITIES OF APOPKA, OCOEE, AND WINTER GARDEN BY REVISING SECTION 1, SECTION 6.D., SECTION 7, SECTION 10, AND DELETING SECTION 11 AND REVISING AND RENUMBERING SECTION 12; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF APOPKA, COUNCIL OF THE CITY OF OCOEE, AND THE COUNCIL OF THE CITY OF WINTER GARDEN, IN SEPARATE-MEETINGS ASSEMBLED THAT: Section 1. That the name of the Municipal Airport Authority created and established pursuant to an unnumbered ordinance adopted by the City of Ocoee dated March 12, 1968, establishing an Airport Authority between the Cities of Apopka, Ocoee, and Winter Garden, Section 1, is hereby changed to be known as the "West Orange Airport Authority"; and Section 2. That Section 6.D., of an unnumbered ordinance adopted by the City of Ocoee dated March 12, 1968, is hereby amended to read as follows: D. All Authority records must at all times be available to the public and to any or all of the three City Councils. Section 3. That Section 7, is hereby amended to read as follows: Section 7. All transactions of the authority must be by a majority vote of the nine members, except as to those transactions and matters of the authority as may be delegated to a committee or representative of the authority. All business of the authority shall be conducted in strict accordance with the Laws of Florida Chapter • 286 F.S.,Florida's Government-in-the-Sunshine Law. Section 4. That Section 10, is hereby amended to read as follows: Section 10. The authority as established shall be a joint agency of the three cities and have authority to enter into contracts and accept bids, hire personnel, appoint ex-officio members, maintain offices, transact business, sue and be sued, and in general do all of the things necessary for the operation of a Tri-City agency. Section 5. That Section 11 is deleted in its entirety. • Section 6. That Section 12 is renumbered to read "Section 11" and is hereby amended to read as follows: Section 11. Each of the said three City Councils of Apopka, Ocoee, and Winter Garden, upon adoption of this ordinance, shall furnish each of the other cities a certified copy of the ordinance as adopted and the nine members appointed to the authority by the three cities,when notified and the appointment accepted by them, shall forthwith proceed to meet and organize and otherwise proceed with the project and carry out its purposes, including the selection of a suitable site, convenient to all three cities, to construct and operate an airport for their mutual benefit. Section 7. SEVERABILITY: That if any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection Of-part of this ordinance. • Section 8. CONFLICTS: That all ordinances or parts of ordinances in conflict herewith are hereby are repealed. Section 9. EFFECTIVE DATE: That this ordinance shall take effect upon passage and adoption. ADOPTED AND APPROVED this day of , 19 ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED November 19, 1998 First Reading November 17, 1998 Second Reading , 1998 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED BY THE APPROVED AS TO FORM AND LEGALITY OCOEE CITYET COMMISSION this day of , 1998. AT A HELDON 1998 FOLEY&LARDNER UNDER AGENDA ITEM No. By: City Attorney Comm. Reese, Hamby and Vandergrift voted yes. Motion carried. Corn. Hager reported she had talked with Chuck Richard (Acting Postmter) -regarding Ocoee mailing addresses. Mr. Richard would contact Mr. Manley'in Orlando as to what can be done. Comm.\Hager stated Mr. Wynn, City Auditor would be out next council meeting. Mr. Haro`id Maguire reported on meeting for Fri City Airport. Mayor • .or called fo\Special meeting next Tuesday nigh March 12th regardin: he Tri- City Airport.•.\ Comm. Reese reported the 3 signs on Hwy. 50 had been erec d and he would like for the churchesd clubs to put their emblems under th- signs. Also, that he would like to have the • t at Maguire road lighted. City Clerk asked to dte letter to Lions Club - • essing the cities appreciation for the good job they d with the Central Flo •a Fair Booth. Comm. Reese asked that Mr. can put a cat a gap at the entrance of Securit Trailer Park on Mobile Lana. a counci ask Attn. Hamlin to write a letter to Mr. Duncan stating he has 3 eks to t in the cattle gate or we will use the money put up for the water install same. ,G Comm. Hager-proposed water meters :t place that has a light meter. Also, all churches not metered be met ed. W ' te Overland Trucking that we are aware of their having Columbus stre fenced an. that they will have to remove same at city's request. Council ested Attn. •amlin be consulted first. Mr. Robbe came- before th council and ask for a ranchise license for a Taxi Service in the city. uncil agreed for regular '- . Service License, but not a franchise lice e. Mr. Robbe also asked that he city pa rent and police reserves for he Youth Center's Saturday night eenDance. Council tabled this rogue for the time being. Council approv d Comm. Reese selling small house on city p • .erty. Comm. Rees motioned we issue a permit to Southern Seating to b . ld a $12,000.00 addition n back of the now existing building. Comm. Hamby asked amend Comm. Reese ion, that a stipulation be made, that they do something wit' the sawdu . No No's Motion carried. Comm. Hager read an Ordinance for Tri-City Airport as follows: AN ORDINANCE ESTABLISHING AN AIRPORT AUTHORITY, UNDER AIRPORT LAW OF 1945, CHAPTER 332, OF FLORIDA STATUES, JOINTLY . FOR AND BETWEEN THE CITIES OF APOPKA, OCOEE AND WINTER GARDEN, IN ORANGE COUNTY FLORIDA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF APOPKA, COUNCIL OF THE CITY OF OCCEE, AND THE COUNCIL OF THE CITY OF WINTERGARDElI, IN SEPARATE MEETINGS ASSEMBLED: Section 1. That a Municipal Airport Authority is hereby created, and establishec pursuant to Chapter 332 of Florida Statutes to be known as the "Tri-City Airport Authority" in Orange County, Florida, authorizing said Airport Authority to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airport and other navigation facilities and structures and other property incidental to their operation, either within .or without this state: to make, prior to any such acquisition, investigation, surveys, and plans, to construct, install, and maintain airport facilities for the servicing of aircraft and.'for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties, and transact business • and do the things necessary in connection with the incidental to the operation of an airport; for the Cities of Apopka, Ocoee anf Winter Garden. Section 2. That the said airport authority shall have all of the powers and benefits accruing to it under authority of said Chapter 332 df`the Florida Statures and Florida and United States Laws, with the power of the joint( effort of the said three cities to appropriate funds for the expenses of the preliminary fund for planning and acquiring property and establishing, equip- ping, maintaining and operatine an airport, as provided in said chapter 332 of the Florida Statutes, and accept and receipt for Federal monies for the acquisition, construction, maintenance,aziequipment regulations� in connection withthet, and establish and maintain any operation of an airport. Section 3. The authority hereby delegated to the said Airport Authority by the three cities shall be to represent the three cities in all -matters in connection with the construction, maintenance, equipping and oper- ating of an airport or business incidental thereto. • Section 4. The said Tri-City Airport Authority shall be governed by a Board of nine members; three membeeshha bepointedoey the City members shall of Apopka; three members shall be appointedy City be appointed -by the City of Winter Garden; all forrnasperriodt fe of threekede years,except or until their successors are duly appointed. The appo by action of the City from which the member was appointed. Section 5. Officers of the Tri-City Airport Authority sahll be: Chairman, Vice-Chairman, Secretary and Treasurer. Officers shall be elected from the membership,- and shall serve for a term of one year. a. Duties of the Chairman shall be to call all meetings, reside at all meetings, appoint all committiies with the approval of the other Board Members, and in general do all things which normally fall to the Chairman of an authority. b. Vice-Chairman shall act for the Chairman in his absence. c. Secretary shall take minutes of all meetings, notify all meetings, notify all members of meetings, act as corresponding secretary, and in general do all the work that is us""ally done by the Secretary of an authority. d. Treasurer shall keep records of all funds, disburse- ments, and report to the Board in these matters. He shall make all deposits, write all checks, and in general do all jobs that normally fall to the Treasurer of an authority. The Treasurer shall sign all checks, and they shall be counter-signed by the Chairman of the authority. e. The offices of Secretary and Treasurer may be combined and filled by the same person; and an Assistant Secretary and Treasurer may be elected by the Board to perform the duties of the Secretary and Treasurer in the absence of the Secretary and Treasurer and to prepare and sign checks in the absence of the Secretary and Treasurer. The Vice-Chairman in performing the duties for the Chairman in his absence may also counter-sign checks in the absence of the Chairman. f. A Director of the authority may be appointed and employed by the authority to manage the over all operation of the airport, subject to the direction and approval of the members or Board of nine persons, and whose duties and employment shall be determined and set forth by the members of the authority. Section 6. The responsibility of the authority shall be l;mited to the following: a. any disbursements over $10,000 shall be approved the the three 8ity Councils. b. any indebtedness of the authority will be with the approval of the three City Councils. c. The authority must report on all business transactions of the authority quarterly, to the three City Councils. ' d. All authority records must at all times be available -to any or all fo the three City Councils. Section 7. All transactions of the authority must be by a majority vote of the nine members, except as to those transactions and matters of the authority as may be delegated to a committee or representative of the authority. all business of the authority shall be of a confidential nature and not released for publication, except as authorized by the majority of the members of the authority and except as may be determined by the -City Council of each of the three cities. Section 8. Members appointed to.the Airport Authority will serve with compensation except for reimbursement of expenses where approved by the membership. No member of the authority shall transact any of his personal business with the authority so that there will be no conflict of interest in any way in serving as a member of the authority. Section 9. The jurisdiction and power' of the authority shall be limited to that granted by the three cities and the laws of the State of Florida and the United States. Section 10. The authority as established shall be a joint agency of the three cities and.have authority to enter into contracts and accept beids, hire personnel, maintain offices, transact business, sue and be sued, and in general do all of the things necessary for the operation of a Tri—City agency. Section 11. The City of Ocoee does hereby appoint as its three members to the Authority Board the following: Ocoee, Florida Name Street Address ' Ocoee, Florida Name Street Address Ocoee, Florida Name Street Address Section 12. Each of the said three City Councils of Apopka, Ocoee and Winter Garden, upon adoption of this ordinance, shall furnish each of the other cities a certified copy of the ordinance as adopted and the nine members appointed to the authority by the three cities, when notified and the appoint— ment accepted by them, shall forthwith proceed to meet and organize and contact Mr. John S. Bristol of John S. Bristol and Associates, Inc., consulting engineers, who has been authorized by the three cities to make a feasibility study and meet with the Federal Aviation Administraction and otherwise proceed with the project and carry out its purposes, including the selection of a suitable site, convenient to all three cities, to construck and operate an airport for their mutual benefit. READ FIRST TIME March 5 ,1968 READ SECOND TIME ,1968 APPROVED: ATTEST: C ty Clerk Mayor Minor read police report from Chief of Police Leroy Turner for the month of February, 1968. . Copy attached. . There being no further business, Comm. Hager motioned council adjourn. Comm. Hamby seconded motion. Thereupon coun 1 adjourned at 11:07 P. M. • Attest: Clerk Chairman of oun 1 SPECIAL MEETING OF THE CITY COUNCIL OF OCOEE, OCOEE, FLORIDA HELD: MARCH 12, 1968 • PRESENT: Comm. Hager, Hamby, Reese, Vandergrift and Mayor Minor ABSENT: None. Special meeting called to order at 9:25 P. M. by Mayor Minor. Harold Maguire appeared before council and presented names of Edwin Pounds and W. H. Wurst; as members of Tri-City Airport Authority. • Comm. Reese motioned to appoint W. H. Wurst, Tri City Airport Authority, to represent the City of Ocoee. Comm. Hamby seconded. No No's. Motion carried. Second reading of Tri-City Airport Ordinance by Council. Council agreed that Hoyt Farmer must buy license to operate new business. The Council discussed the possibility of a truck business ofn Kissimmee Avenue, which council would not agree to zone for that purpose. There being no further business. Comm. Vandergrift motioned Special Meeting of council adjourn. Comm. Hager seconded motion. Thereupon Special Meeting of Council adjourned at 9:45 P. M. ATTEST. . --'44921-4) Q Cler hairman of Council Ir • /. FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO, FLORIDA 3 2802-2 1 93 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 244-3248 EMAIL ADDRESS - CLIENT/MATTER NUMBER prosenthal@foleylaw.com 020377-0107 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: — Paul E. Rosenthal, Esq., City Attorney Kt__DATE: November 12, 1998 RE: Ordinance Regarding Tri-City (West Orange)Airport Authority The Agenda includes a proposed Ordinance which would amend a March 1968 Ocoee Ordinance establishing the Tri-City Airport Authority. Since the City Commission had previously expressed concerns over the fmancial implication of participation in the Authority, I am providing this memorandum to highlight provisions with potential fmancial implications. As originally established in 1968, and as proposed in the current Ordinance, the Authority is "a joint agency of the three cities" with the "authority to enter into contracts and accept bids, hire personnel, ... transact business, sue and be sued, and in general do all of the things necessary for the operation of a Tri-City agency." Decisions of the Authority are made by a majority vote of the members. The following action requires the approval of all three cities (as opposed to the Authority members):. (i) disbursements over $10,000, and (ii) the creation of any indebtedness. The Authority is also organi7ed "with the power of the joint effort of the said three cities to appropriate funds for the expenses of the preliminary fund for planning and acquiring property and establishing, equipping, maintaining and operating an airport". The Ordinance does not obligate any of the cities to provide funding. However, each City would likely be jointly liable for financial and other obligations of the "joint agency". While the enabling Ordinance, as amended, limits the financial exposure of the cities, it does 006.116154.1 ESTABLISHED 1 8 4 2 aeo.,., cionecF,c I]RFCDFN.FRANKFURT.LONDON.SINGAPORE.STOCKHOLM AND STUTTGART FOLEY & LARDNER November 12, 1998 Page 2 not provide an absolute guarantee against liability. If this is a concern of the City Commission, the subject of financial exposure could be addressed by specifically providing that no city shall be required to appropriate funds for the support of the Authority and further providing that all financial obligations and disbursements shall be pursuant to an adopted budget approved by all three cities. jh • 006.116154.1