ORDINANCE NO. 2410
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA, ADDING
CHAPTER 2.31, "REGIONAL AIRPORT
AUTHORITY," TO THE MERCED MUNICIPAL
CODE; AMENDING SECTION 2.32.011,
"DEFINITIONS," AND REPEALING CHAPTER
2.36, "REGIONAL AIRPORT AUTHORITY," OF
THE MERCED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Chapter 2.31, "Regional
Mitos Auboris, " is hereby added to the Meneed Municipal Code to read as "CHAPTER 2.31
REGIONAL AIRPORT AUTHORITY
Section:
2.31.010 Created.
2.31.020 Purpose.
2.31.030 omposition
2.31.040 anointmen
2.31.050 Term of Office - Initially.
2.31.060 Term of Office - Limitation.
2.31.070 Removal of Members.
2.31.080 Filling Vacancies.
2.31.090 Compensation.
2.31.100 Chair, Vice-Chair, and Secretary - Rules
and Regulations.
2.31.110 Action by Vote at Public Meeting.
2.31.120 Powers and Duties.
2.31.130 budget
2.31.140 dministrative Offices
2.31.150 Property Held in Trust by City.
2.31.160 Deposit and Use of Revenue.
C:\UsersF anconi/AppDatall.ocalMicrosoft WindowsiT emporary Internet FilesiContent. Outlook| YTVMHR3K Airport Authority Update - 2 1 2013 v5 (2) docx
1 2.31.180 Contribution by City Council.
2.31.190 Debts, Liabilities or Obligations.
2.31.200 Civil Service and Retirement.
2.31.010 Created.
There is created the City Regional Airport Authority,
referred to in this Chapter as 'Airport Authority.'
2.31.020 Purpose.
The Airport Authority is created for the purpose of the provision and maintenance of public airports and landing places for aerial traffic for the use of the public.
2.31.030 Composition.
The Airport Authority shall consist of seven members.
2.31.040 Appointment.
The Members of the Airport Authority shall be appointed by motion of the City Council adopted by at least four
affirmative votes.
2.31.050 Term of Office - Initially.
The Members of the Airport Authority shall meet as soon as practicable after their appointment and classify
themselves by lot into two classes, as nearly equal in
number as possible, and the terms of office of the class having the greater number shall be four years and the
terms of office of the class having the lesser number shall be two years. On the expiration of such respective terms, all Members of the Airport Authority shall serve a term of four years, and until their successors are appointed and qualified.
N:ISHARED Attorney|Ordinances\2013/Airport/Airport Authority Update - 2.1.2013 v5.docx 2 2.31.060 Term of Office - Limitations.
The Members of the Airport Authority shall not be
eligible to serve more than two consecutive terms. At
any time after the expiration of two years following such two consecutive terms, a former Member of the Airport
Authority may again be appointed to serve thereon,
subject to the limitations of this Chapter.
2.31.070 Removal of Members.
The Members of the Airport Authority shall be subject to removal by motion of the City Council adopted by at
least five affirmative votes.
2.31.080 Filling Vacancies.
Any vacancy in the membership of the Airport Authority
shall be filled by an appointment by the City Council.
Upon a vacancy occurring which leaves an unexpired
portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.
2.31.090 Compensation.
The Members of the Airport Authority shall serve
vithout compensation for their services as such, but ma eceive reimbursement for budgeted necessary travel an
other expenses incurred on official duty.
2.31.100 Chair, Vice-Chair, and Secretary - Rules
and Regulations.
As soon as is practicable following the first day of July of elch year, the fis Members to sta as air and another
Member to serve as Vice-Chair of the Authority both at
the pleasure of the Airport Authority. The Airport
Manager or designee thereof shall serve as the Secretary of the Authority for the purpose of recording of minutes, N:ISHARED Attorney Ordinances\2013/Airport/Airport Authority Update - 2.1.2013 v5.docx 3 and keeping a record of its proceedings and transactions.
The Airport Authority shall prescribe its own
administrative rules and regulations, and copies thereof shall be maintained on file in the Office of the City Clerk for public inspection.
2.31.110 Action by Vote at Public Meeting.
The Airport Authority shall meet not less than monthly in such place as shall be provided by its own administrative rules and regulations. The affirmative or negative vote of a majority of the entire membership of the Airport
Authority shall be necessary for it to take action. All proceedings of the Airport Authority shall be open to the public.
2.31.120 Powers and Duties.
The Airport Authority shall have, subject to the review and approval of the City Council, the power and duty to:
A. Acquire by purchase, lease, donation, or otherwise,
and hold, in the name of the City of Merced, in the trust for the Airport Authority, real or personal property
necessary or convenient for such purpose;
B. Maintain, manage, control, operate, use, extend,
construct, improve, and furnish works and property
necessary or convenient for such purpose;
C. Dispose of by sale, lease, or otherwise, real and
personal property provided, however, that real property shall not be disposed of without the prior consent of the City Council;
D. Prescribe, revise, and collect charges for the
services and facilities provided pursuant hereto;
E. Make and enter into contracts;
N:ISHARED Attorney\Ordinances\2013/Airport/Airport Authority Update - 2.1.2013 v5.docx 4 Sue and be sued in its own name;
Adopt and use a seal, alterable at its pleasure;
H. Have access to all services and facilities of the
City; and,
Exercise any powers incidental to the foregoing.
2.31.130 Budget.
The Airport Authority shall annually prepare and submit for approval by the City Council a proposed budget of its revenues and expenses which may be prepared in the
same manner and by the same persons as the budget
expenses and revenue estimates for the City.
2.31.140 Administrative Offices.
The City Manager shall be the chief administrative
officer of the Airport Authority, and shall be responsible for the administration of its affairs. The Finance Officer of the City shall be ex officio the Finance Officer of the Airport Authority, and the City Attorney shall be ex
officio the Attorney for the Airport Authority.
2.31.150 Property Held in Trust by City.
Real and personal property heretofore held by the City
for the purpose of the provision and maintenance of
public airports and landing places for aerial traffic for the use of the public shall hereafter be held for such purpose by the City in trust for the Airport Authority.
2.31.160 Deposit and Use of Revenue.
The Airport Authority shall have control of all charges received for, and all other income and receipts derived from the services and facilities provided pursuant hereto.
Such money shall be deposited in the City treasury to the N: (SHARED Attorney Ordinances|2013/Airport/Airport Authority Update - 2.1.2013 v5.doex 5 credit of a special fund, to be known as the airport fund and money so deposited shall be kept separate and apart from other money of the City, and shall be drawn from
such fund to meet the expenses of the Airport Authority in substantially the same manner as money is drawn by
other agencies, commissions and departments of the City.
The money in such airport fund shall be expended solely for the carrying out of the powers and duties provided in this Chapter to the Airport Authority.
2.31.170 Annual Audit.
The Airport Authority shall cause to be prepared an
innual audit ot its transactions by a certified public
accountant. In lieu thereof, the annual audit may be
prepared in the same manner and by the same persons as
the annual audit of transactions of the City.
2.31.180 Contributions by City Council.
The City Council may from time to time contribute
money to defray the expenses and obligations of th
irport Authority, and such money shall be deposited in
the airport fund.
2.31.190 Debts, Liabilities, or Obligations.
Debts, liabilities, or obligations incurred by the Airport Authority, or otherwise imposed on the Airport Authority or its properties, shall constitute debts, liabilities, or obligations of the Airport Authority, its properties and the special fund created in this Chapter, and shall not constitute a debt, liability, or obligations of the City.
2.31.200 Civil Service and Retirement.
Nothing contained in this Chapter shall be in derogation of the provisions of the Charter pertaining to civil service and retirement, and rules and regulations adopted
pursuant thereto."
N:ISHARED\Attorney Ordinances\2013\Airport\Airport Authority Update - 2.1.2013 v5.docx 6 SECTION 2. SECTION AMENDED. Section 2.32.011,
"Definitions," of the Merced Municipal Code is hereby amended to read as follows:
"2.32.011 Definitions.
'Aircraft' means a device to be used, or intended to
be used, for flight in the air.
'Airport' means the Merced Regional Airport.
'Airport Authority' means the citizens appointed
by the City Council of the City of Merced pursuant to
Section 2.31.030 of this Code.
'Airport operational area' means the area used for
landing, takeoff, or taxiing of aircraft.
'Airport Manager' shall also include the phrase
'Airport Superintendant' and means the person employed
by the City of Merced to manage the airport, acting at the direction of the City Manager.
'City' means the City of Merced, California.
'City Council' means the City Council of the City
of Merced.
'City Manager' means the City Manager of the
City of Merced as provided in Charter Section 500.
'Commercial operator' means every business
conducted on the airport whose operation in the judgment of the airport superintendent reasonably requires that the runways, taxiways, and ramps exist and remain in good
condition and are operational.
'Control tower' means the air traffic control
facility located at the airport.
N:ISHARED Attorney\Ordinances\2013/Airport/Airport Authority Update - 2.1.2013 v5.docx 7 'Cross wind component' is the existing wind
direction and velocity compared to the magnetic runway
heading as expressed in an equivalent wind at right
angles to the runway; i.e., a fourteen (14) knot wind from a direction forty-five (45) degrees to the runway
magnetic bearing would be a ten (10) knot cross wind
component.
'FAA' means the Federal Aviation Administration
of the United States of America.
'Fixed base operator' means any aviation business
luly licensed and authorized by written agreement wit
he City of Merced as a fixed base operator to provid
aeronautical activities at the airport under strict
compliance with such agreement and pursuant to these
regulations and airport minimum standards.
'F.S.S.' means a flight service station operated by
the Federal Aviation Administration.
'Fuel tenders' means any vehicle designed and
used for the transportation, handling, or dispensing of petroleum, fuel, and oil.
'Gross weight' means the maximum allowable
gross take-off weight of an aircraft under standard
conditions as determined by the Federal Aviation
Administration and incorporated in the certificate of
airworthiness of the particular aircraft.
'Local based aircraft' means those aircraft
registered with the City as stored at the airport.
'Minimum standards' means those minimum
standards and requirements for commercial aeronautical
services for the airport as are adopted by Resolution by the City Council pursuant to these regulations.
N:ISHARED Attorney Ordinances\2013\Airport/Airport Authority Update - 2.1.2013 v5.docx 8 'Mobile equipment' means any non-self-propelled
vehicle or device in which a person or property may be
transported.
'Motor vehicle' means any self-propelled vehicle.
'NOTAM' means notice to airmen published by
FAA.
'Public area' means any area that is normally
accessed by and for public use.
'Ramps' mean areas used for the parking, storage,
and incidental surface circulation to taxiways of aircraft. 'Runways' mean the paved portion of the airport
used for the takeoff and landing of aircraft.
"Safety areas' mean areas around taxiways and
runways designed to provide additional clearance from
obstructions and to protect aircraft in the event of an unintended departure from the paved portion of runways
and taxiways.
'Taxiways' mean those areas used by aircraft to
taxi to and from the runway. "
SECTION 3. REPEAL OF CHAPTER. Upon the effective date of this Ordinance, Chapter 2.36, "Regional Airport Authority," of the Merced Municipal Code is hereby repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 5. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, N: SHARED Attorney Ordinances 2013/Airport/Airport Authority Update - 2.1.2013 v5.docx 9 phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the _17th day of_June , 2013, and was passed and adopted at a regular meeting of said City Council held on the Ist day of July _ 2013, by the following called vote:
AYES: Council Members: BLAKE, DOSSETTI, MURPHY, RAWLING, LOR,
PEDROZO, THURSTON
NOES: Council Members: NONE
ABSTAIN: Council Members: NONE
ABSENT: Council Members: NONE
APPROVED:
Mayor
ATTEST:
JOHN M. BRAMBLE, CITY CLERK
canalanconi
BY: CIT
Assistant/Deputy City Clerk
1889
(SEAL)
N:ISHARED Attorney Ordinances|2013 Airport Airport Authority Update - 2.1.2013 v5.docx 10 APPROVED AS TO FORM:
N:ISHARED Attorney|Ordinances|2013 Airport Airport Authority Update - 2.1.2013 v5 .docx 11 Hemminger, Mary
From: Kovalcheck, Lynda
Sent: Thursday, May 23, 2013 2:03 PM
To: Hemminger, Mary
Subject: Ordinance Notice
Attachments: NOTICE - Airport Authority Update - 2.1.2013 v5.docx Hi Mary ~
Attached are the notices for the Airport Authority Ordinance. This ordinance originates out of the City Attorney's office so your contact person regarding this ordinance would be Greg Diaz. This Ordinance is scheduled to go to the City Council on June 17th. Please let me know if you have any questions.
Thank you,
Lynda Kovalcheck, CCLS
Legal Secretary
City Attorney's Office
[email protected]
City of Merced | 678 West 18th Street | Merced, California 95340 | Tel 209-385-6868 | Fax 209-388-7907 | www.cityofmerced.org
The information contained in this e-mail is intended only for the CONFIDENTIAL use of the designated addressee named above.
The information is subject to the attorney-client privilege and/or representational privilege and/or represents confidential attorney work product. Recipients should not file copies of this e-mail with publicly accessible written or electronic records. If you are not the designated addressee and you receive this document through inadvertent error, any further review, dissemination, distribution, or copying of this communication, and any attachments, by you, or any one else is strictly prohibited.
IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO THE ABOVE NAMED SENDER AT (209) 385-6868. Thank you.
PROOF OF PUBLICATION This space is for the County Clerk's (2015.5 C.C.P) Filing Stamp
Proof of Publication of
STATE OF CALIFORNIA)
)ss.
COUNTY OF MERCED
Copy of notice here
I am a citizen of the United States and a resident of Legal # 7699 the county aforesaid; I am over the age of eighteen NOTICE OF POTENTIAL years, and not a party to or interested in the above- INTRODUCTION OF OR- entitled matter. I am the printer foreman or principal
clerk of The Merced County Times, a newspaper of DINANCE general circulation, printed and published in the CITY OF MERCED City of Merced, County of Merced, and which news- NOTICE IS HEREBY paper has been adjudged a newspaper of general GIVEN that on one 17; circulation by the Superior Court of the County of 2013, the City Countf of Merced, State of California, under the date of De- the City of Merced is cember 14, 1999, Case Number 143600; that the scheduled to consider the notice, of which the annexed is a printed copy has introduction of an Ordi- been published in each regular and entire issue of
nance entitled:
said newspaper and not in any supplement thereof
on the following dates, to-wit: "AN ORDINANCE OF
THE CITY COUNCIL OF
¡ THE CITY OF MERCED,
CALIFORNIA, ADDING
May 30, 2013 CHAPTER 2.31, "RE-
GIONAL AIRPORT AU-
THORITY, " TO THE
MERCED MUNICIPAL,
) CODE; AMENDING SEC-,
NOTICE OFPOTENTIAL INTRODUC- • TION 2.32.011, "DEFINI-
TIONOF ORDINANCE • TIONS," AND
+ REPEALING CHAPTER
≤ 2.36, "REGIONAL AIR-
: PORT AUTHORITY, OF
: THE MERCED MUNICI-
PAL CODE"
at its regular meeting to be
held at 7:00 pm in the City
Council Chambers at 678
I certify (or declare) under penalty of perjury that the West 18th Street, Merced, foregoing is true and correct. California. The public is in- s vited to provide any oral or
written comments regard-
Nuk Juage
Date: May 30, 2013
Proof of Publication - Merced County Times, 2221K St., Merced, California, 95341 Telephone 383-0433 Adjudged a newspaper of general circulation by court decree No. 143600.
PROOF OF PUBLICATION This space is for the County Clerk's (2015.5 C.C.P) Filing Stamp
Proof of Publication of
STATE OF CALIFORNIA)
)ss.
COUNTY OF MERCED
Copy of notice here
I am a citizen of the United States and a resident of Legal # 7805 the county aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above- PUBLIC NOTICE OF entitled matter. I am the printer foreman or principal ADOPTION OF ORDI- clerk of The Merced County Times, a newspaper of NANCE
general circulation, printed and published in the CITY OF MERCED City of Merced, County of Merced, and which news- ORDINANCE NO. 2410 paper has been adjudged a newspaper of general NOTICE IS HEREBY circulation by the Superior Court of the County of GIVEN that on July 1, Merced, State of California, under the date of De- 2013, the City Council of cember 14, 1999, Case Number 143600; that the
notice, of which the annexed is a printed copy has the City of Merced adopted been published in each regular and entire issue of Ordinance No. 2410, enti- said newspaper and not in any supplement thereof tled:
on the following dates, to-wit: "AN ORDINANCE OF
THE CITY COUNCIL OF
THE CITY OF MERCED,
July 11, 2013 CALIFORNIA, ADDING
CHAPTER 2.31, "RE-
GIONAL AIRPORT AU-
THORITY," TO THE
MERCED MUNICIPAL
PUBLICNOTICE CODE; AMENDING SEC.
TION 2.32.011, "DEFINI-
TIONS," AND
REPEALING CHAPTER
2.36, "REGIONAL AIR-
PORT AUTHORITY," OF
THE MERCED MUNICI-
PAL CODE"
Ordinance No. 2410 cor-
rects a codification error
I certify (or declare) under penalty of perjury that the which left out the ap- foregoing is true and correct. pointment process and
operations of the Re-
gional Airport Authority.
This Ordinance would
Mike Frago renumber and realign du-
Date: July 11, 2013 ties and authority of the
DeniAnal Ai. of Anthor.
Proof of Publication - Merced County Times, 2221 K St., Merced, California, 95341 Telephone 383-0433 Adjudged a newspaper of general circulation by court decree No. 143600.