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HomeMy WebLinkAboutOrdinance 4294 OFFICIAL RECORD CITY SECRETARY ORDINANCE NO. a 9 FT. W01171, TEX. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF AN AVIATION BOARD AND AVIATION DEPARTMENT; APPOINTING THE MEMBERS THERE- OF; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL OF MEMBERS FOR CAUSE; PROVIDING FOR THE FILLING OF VACANCIES; PROVIDING FOR ORGANIZATION; PRESCRIBING JURISDICTION AND SCOPE OF ACTIVITIES OF SUCH BOARD; PROVIDING FOR THE APPOINT- MENT OF A DIRECTOR OF AVIATION; PRESCRIBING RULES AND REGULA- TIONS FOR OFFICERS AND EMPLOYEES OF THE AVIATION DEPARTMENT; PROVIDING FOR THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE AVIATION DEPARTMENT AND AIRPORTS SYSTEM; PROVIDING FOR THE APPROVAL OF THE ANNUAL BUDGET OF THE AVIATION DEPARTMENT BY THE CITY COUNCIL; PRESCRIBING FORMS AND METHODS OF ACCOUNT- ING TO BE USED BY SAID BOARD; PROVIDING FOR AN ANNUAL AUDIT OF THE AVIATION DEPARTMENT; PRESCRIBING REGULATIONS FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT FOR THE OPERATION OF THE AIRPORTS SYSTEM; PROHIBITING ANY OFFICER, AGENT OR EMPLOYEE OF THE AVIATION BOARD OR AVIATION DEPARTMENT FROM HAVING ANY FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE BOARD; PROVIDING FOR THE FURNISHING OF LEGAL, ENGINEERING AND OTHER SERVICES TO THE BOARD; PROVIDING FOR THE RECONCILIA- TION OF CONFLICTS BETWEEN THE AVIATION DEPARTMENT AND OTHER DE- PARTMENTS OF THE CITY GOVERNMENT; REQUIRING THE FILING OF AN ANNUAL REPORT BY THE AVIATION BOARD WITH THE CITY COUNCIL; DECLARING THE ACTS OF THE AVIATION DEPARTMENT AND AVIATION BOARD TO BE GOVERNMENTAL; DETERMINING THE VALIDITY OF THE PRO- VISIONS OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. ESTABLISHMENT OF AVIATION BOARD - AVIATION DEPARTMENT There is hereby established an Aviation Board consisting of seven (7) members, five (5) members thereof to be appointed by the City Council and the remaining two (2) members thereof to be the Mayor and City Manager, who shall serve as ex-officio members with full right of participation in the performance of the acts and duties of such Board. No person shall be eligible for appointment to membership on said Board who is not a citizen of the United States and a resident of the City of Fort Worth. The members of said Board shall serve without compensation. There is also hereby estab- lished an Aviation Department, and same shall be administered by the Avia- tion Board, as hereinafter provided. SECTION 2. TERM OF OFFICE The term of office of members of said Board, subject to the provisions relative to removal therefrom, shall be four (4) years, except for the members of the first board to be created, who shall be appointed as fol- lows: One member shall be appointed for a term of one year; One member shall be appointed for a term of two years; One member shall be appointed for a term of three years; and Two members shall be appointed for a term of four years. Annually thereafter, members shall be appointed for terms of four (4) years. SECTION 3. REMOVAL FROM BOARD - VACANCIES Members of the Aviation Board shall be subject to removal from office and may be removed from office by the City Council in the interest of the public service for any cause deemed sufficient by said City Council, but only after a public hearing before the City Council on charges publicly made, if demanded by such member within ten (10) days after written notice, Any vacancy in the membership of said Board shall be filled by the City Council for the unexpired term of the member whose place has, by removal or otherwise, become vacant. SECTION 4. ORGANIZATION The Aviation Board biennially shall elect one of its members as chair- man and one as vice-chairman of the Board, and said Board shall appoint a secretary and treasurer, or a secretary-treasurer, who may, but need not be, a member or members of the Board. If a member of the Board is not appointed as secretary or treasurer, or secretary-treasurer, then an employee or em- ployees of the Aviation Department may be appointed secretary and treasurer, or secretary-treasurer. The Aviation Board shall hold regular meetings at least once in every two weeks and shall provide rules and regulations for the operations and performance of the duties of the Aviation Department. All formal meetings of the Board shall be open to the public, and final ac- tion on matters before the Board shall be taken only in regular public meet- ings. -2- SECTION 5. JURISDICTION OF AVIATION BOARD - SCOPE OF ACTIVITIES The Aviation Board, subject to the authority of the City Council, shall have the exclusive control, management, operation and maintenance of the Aviation Department and of the airports system of the City of Fort Worth now owned or controlled, or which may hereafter be acquired, by the City of Fort Worth, either within or without the corporate limits thereof. Such Board shall have the responsibility for the planning and making of extensions, improvements and additions to the airports system and the ac- quisition of property in connection therewith under the direction and supervision of the City Council. Such Board shall have the power to formu- late and adopt rules and regulations for the government of the airports sys- tem and to make recommendations to the City Council with respect to the adoption and passage of all necessary ordinances to effectuate same. The Aviation Board shall manage and provide for the disposition of all funds legally apportioned or received from any source for the support and mainte- nance of the airports system. Said Board may, with the approval of the City Council and consistent with the Fort Worth City Charter, sell, convey, or lease lands under the control of said department, grant concessions and franchises, and make leases for the privilege of doing business in or on the properties under the jurisdiction of the Aviation Department; and all pro- ceeds from such sales, leases, concessions, franchises, etc., shall be de- posited in the City Treasury to the credit of the Airports Fund. SECTION 6. AVIATION DEPARTMENT - APPOINTMENT OF EMPLOYEES RULES AND RM=IONS FOR SM�� The Aviation Board shall have the power to appoint a Director of Aviation, subject to the approval and determination of salary therefor by the City Council. Said Board shall also have the power to appoint and employ such other officers, assistants and personnel as it may deem neces- sary for the efficient administration of the affairs of the Aviation Depart- -3- ment, and to prescribe and fix their duties, scope of authority and qualifications. All officers and employees of the Aviation Department shall be employees of the City of Fort Worth and as such shall be governed by the personnel rules of the City of Fort Worth and the classification and compensation plan for city employees. In addition to the general personnel rules of the City of Fort Worth, the Aviation Board shall have power to establish rules and regulations for the conduct of its officers and employees, not in conflict with the personnel rules of the City of Fort Worth. Said Board may require adequate bonds from any or all of its officers and employ- ees conditioned upon the faithful performance of their duties, the same to be in such amounts as may be determined by said Board. Such bonds shall be approved by the City Council and filed in the office of the City Secretary. SECTION 7. FUNDS FOR OPERATION OF THE AVIATION DEPARTMENT The Aviation Board shall not make any expenditure of money or incur any liability during any current year beyond the amount of money appropriated or set apart in the annual budget of the Airports Fund as approved by the City Council for such purpose. The Aviation Department shall be allowed all receipts and revenues from the operation of the airports system of the City and the proceeds from any ad valorem tax levied specifically for avia- tion purposes by the City Council, if and when such tax is levied and col- lected, together with whatever further amount, if any, the City Council may, in its discretion, set apart in the annual budget for the use of such de- partment. From such sources shall came the appropriation to be annually set apart in the budget for the Airports Fund for the operation, maintenance and upkeep of the airports system. The funds allocated to the Aviation De- partment shall be deposited with the City Treasurer to the credit of the Airports Fund, subject to the order and disbursement of the Aviation Board. for the purposes and in accordance with the provisions of this ordinance, the same to be paid out only upon warrants issued by the said Board, signed -4- by the Chairman or Vice-Chairman, and countersigned by the Commissioner of Accounts of the City of Fort Worth and the Secretary of the Aviation Board. SECTION 8. FORMS AND METHODS OF ACCOUNTING TO BE USED BY THE AVIATION BOARD The Commissioner of Accounts shall prescribe and provide for the use of said Board all forms for the keeping of its accounts and vouchers neces- sary to be used in the conduct of its business, which said forms and methods of accounting shall be employed by said Board in conducting the business of said department so as to conform as nearly as possible to the method of accounting instituted and enforced in the Department of Finance. The Avia- tion Department shall conform to such rules and regulations regarding fi- nancial affairs as are promulgated by the Director of Finance. SECTION 9. PROVIDING FOR ANNUAL AUDIT OF SAID DEPARTMENT At the end of each fiscal year, the Department of Finance shall have made a full and complete audit of the accounts and business of this depart- ment for the year then ending, at least one certified copy of which shall be filed with the City Council and at least one other certified copy with the Aviation Board. SECTION 10. PURCHASE OF SUPPLIES TO BE ME ON COMPETITIVE BIDDING BY THE COMMISSIONER OF PURCHASES AND SUPPLIES All supplies exceeding Fifty Dollars ($50.00) in value shall be pur- chased by the department by the Commissioner of Purchases and Supplies under the rules and regulations prescribed by the City Council with respect to competitive purchases of supplies by said officials, but purchases of Fifty Dollars ($50.00) or less may be made by the Aviation Board without competi- tive bidding. No expenditure shall be made or liability incurred by the Aviation Board exceeding Five Hundred Dollars ($500.00) in amount without -5- first being authorized and approved by the City Council; but this section shall not apply to the salaries of employees that the said Board may deem necessary to employ for the operation of said department, such employees' salaries having already been determined by the City Council through the City's classification and compensation plan. SECTION 11. FINANCIAL INTEREST BY BOARD MEMBERS PROHIBITED No member of the Board, nor any officer, agent or employee of said Board or the Aviation Department, shall have a financial interest, direct or indirect, in any contract with the Board or be financially interested, directly or indirectly, in the sale to the Board of any land, materials, supplies or services. SECTION 12. ASSISTANCE BY OTHER DEPARTME US Vherever feasible, the Aviation Board shall utilize the specialized talents and services of the other City departments. The City Attorney shall be the legal officer of the Aviation Board and shall handle such legal matters as may come before the Board, except when the Aviation Board and City Attorney shall recommend, and the City Council shall approve, the em- ployment of outside legal assistance as required. The Director of Public Works shall furnish such engineering services as are necessary in the con- duct of the affairs of the Aviation Department, except when the Aviation Board and Director of Public Works shall recammend,and the City Council shall approve,employment of outside engineers as required. SECTION 13. CONFLICTS BETMM AVIATION BOARD AND OTEM BOARDS AND DEPARTMEDITS TO BE DETMWINED BY CITY COUNCIL In the event of any conflict of jurisdiction arising between this de- partment and any other department of the City goverment, or in regard to any administrative detail thereof, the same shall be referred to the City Council, and its decision shall be final. -6- t SECTION 14. BOARD TO FILE ANNUAL REPORT WITH COUNCIL It shall be the duty of the Aviation Board, at the end of each fiscal year, to file with the Council a full and detailed report of the business and operations of the said department for the year ending, and to make such recommendations to the Council as it may deem advisable for the improvement and betterment of the service and facilities of said department. SECTION 15. AVIATION DEPARTMENT DECLARED A GOVERNMENTAL FUNCTION All of the regulations and acts of the Aviation Department performed and to be performed in accordance with the provisions hereof in the opera- tion and maintenance of the airports system of the City of Fort Worth are hereby declared to be governmental and for the benefit of the general pub- lic. Any member of the City Council, the Aviation Board, and any city of- ficial or employee charged with the enforcement of the provisions of this ordinance, acting for the City of Fort Worth in the discharge of his duties hereunder, shall not thereby render himself personally liable. SECTION 16. VALIDITY Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not af- fect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be invalid. SECTION 17. REPEAL OF PRIOR ORDINANCES This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. -7- SECTION 18. EFFECTIVE DATE This ordinance shalll be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY- City Attorney -8- CITY OF FORT WORTH TEXAS OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. May 27, 1960 Honorable Mayor ar ' Members of the City Council Re: Implementation of Reorganiza- City of Fort Worth tion of the Airports System Mrs. McKnight and Gentlemen: Attached are drafts of three documents prepared at the instruction of the City Council which implement the decisions of the City Council to buy out the Fort Worth Air Terminal , Inc. which now controls Amon Carter Field, to retire present airport revenue bonds and remove the present mortgage on the airport properties, and to establish an Aviati.on Board to operate the airport system of the City of Fort Worth. The three documents presented for your consideration are: ( 1) A propose-j contract between the Fort Worth Air Terminal , Inc. and the City of Fort Worth providing for the City assuming the assets and liabilities of the Terminal Corporation in exchange for bonds to be issued by the City of Fort Worth, (2) A proposal to Emerson and Company and William N. Edwards and Company whereby those companies will furnish services jeading to the retirement of existing airport revenue bonds, which include a'mortgage on the airport properties, and the issuance of new airport revenue bonds, and, (3) An ordinance which, when passed by the City Council , would create an Aviation Board which would be responsible for the operation of the total airport system of the City of Fort Worth. These documents are for your study, preparatory to any action you may wish to take at the Council meeting of May 27, 1960, or at subsequent Council meetings. Respectfully submitted, CITY OF FORT WORTH, TEXAS L lit S"iii� ECT MATTER OF THIS M.do C.C. V. P. Cooki ngham AJO H 1C Y COUNCIL City Manager APPROVED 1 u E �-�- 'tg Secretary