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HomeMy WebLinkAboutCommForm.1048.05-28-1946 .. . � . . � � � �, �, / � � �' ' � COIi�ISSIOPi FORI� ORDINANCE N0. /�� AN ORDINANCE TO CREATE THE CAPE GIRARDEAU D�UNICIPAL .�IRPORT BOARD DEFINING THE JURISDICTION AND FUNCTION THEHEOF: PROVIDTNG FOR TH� APPROPRIATION OF 1�OiVIES � TO CARRY OUT THE FUNCTIONS THEREOF: AUTHORIZING Si�ID � BOARD TO ADOPT RULES liND REGULATIONS GOVERNING THE � U5E OF St�1I D AI RPORT. �' WHEREAS, the City of Cape Girardeau has leased from the Reconstruction Finance Corporation an airport known as Harris Field loc�.ted on U. S. Highway 61 south of said city; and, WHERE�S, Section 15126, Revised Statutes of D�issouri, 1939 provides that the legislativ� body of any city �hich ha� acquired, leased or set apart real property for the purpose of an airport may construct, improve, equip, maintain and operate the same, or may vest �urisdiction for the construc�ion, improve- ment, equipment, maintenance and operation thereof, in any suitable office1; board or bod.y; and, WHEREAS, the City Council deems it advisable to place the cons�truction, improvement, equipment, maintenance and operation of said airport in a board to be appointed by the City Council, NUW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, !�S FOLLO�S: SECTION 1: Thdt there is hereby created a board con- sistin� of five resident taxpayers of the City of Cape Girardeau and an ex officio member without vote to be appointed as herein- after provided by the City Councii which board shall be known �nd designated as the Cape Girardeau Airport Board. SECTION 2: The Council shall appoint the five members of the first board as follows: One member shall b� appointed to I -- serv� for a term of six y�ars commencing the ���ay oi����, 1946, two members for a term of four years each from the � day of G�1946, and two members shali be appointed for a term of two years each commencing the � day af��E a�9/�6. Thereafter and as the term of each member herein fixed shall expire, th� Council shall appoint his succ�ssor each of whom shall be appointed for a term of six years �xcept as hereinafter provided. SECTION 3: The mayor of the City sha11 aet as the ex officio member of the Board and shall serve in an advisory capacity and �naintain liaison with the City Council but shall have no vote in the deliberations of said Board. SECTION �,: Any member of such Board may be removed at any time by action of the Council with or without cause, and such removal shall create a vacancy to be filled as hereinafter provided. SEC3'IOT+1 5; In the event a vacancy on said Board occurs occasioned either by death, resignation, removal or disqualification for any re�son, the Council shall fill such vacancy by appointing a new member thereto to serve the balance of the unexpired term. SECTION b: Such Board shall, within two weeks after its appointment, meet and at such meeting select among its members a Chairman, Vice Chairman and Secretary-Treasurer. Such officers shall serve for a term of one year from their election and each year there�.fter the Hoard shall again reorganize a.s set out above. The Chairman shall preside at dll meetings and shall have the Authority to ca11 meetings at times other than at the regular time f ixed for meetings as he sees fit. Any action taken at d call meeting shall ha.ve the sa.me effect as though done at a regular meeting. The Vice Chairman shall perform the duties of the Chairman in his absence. The Secretary-Treasurer shall have charge of and keep an accurate record of all proceedings of �aid Board and shall be responsible for and handle all financial matters which - 2 - may from time to time be necessary and such other duties as may hereinafter be provided. SECTION 7: Said Board is hereby vested with full author- ity and jurisdiction over the construction, improvement, equipment, maintenance and oper�tion of the Cape Girardeau �unicipal Airport. Sdid Board shall have full and complete duthority by resolution duly passed to enter into any and all contracts, agreements and leases for the construction, improvement and purchase of Iands and equipment, provided however, that such funds as may be necessary therefor shall be derived from the 6irport Fund hereinafter established. SECTION $: All monies derived from the operation of 5aid Airp ort sha11 be paid over to the City Clerk for deposit with the City Treasurer in a special account known as the Airport fund and a11 expenses for the operation and maintenance of said Airport shall be paid out of said special fund upon warrants issued by the Secretary-Treasurer and countersigned by the Chairman of said Board. The City Clerk sha11 give his receipt for all monies so delivered to him. SECTION 9: In the event said special fund shall be in excess of the actual maintenance and operation cost �hich might reasonable be anticipated in the future for a period of one yedr, the Board shall by resolution duly adopted pay into the general revenue fund such excess. SECTIQN 10: In the event th� special fund is insufficient to properly maintain and operate said airport then the City Council may in its discretion allot to said fund from the general revenue fund such monies as may be necessary for the proper operation and maintenance of said airport. The Secretary-Treasurer of the Board shall deliver his receipt to the City Clerk for all monies received througl� action of the City Council. - 3 - SECTION 11: In the event the City Couneil shall deem the general revenue fund insufficient to dllocate funds to said Board, the said Board shall t�ke the initiative in submitting to the City Council, in the manner provided by law, a petition for the calling a special election on the proposition as to whether or not bonds shall be issued for the exparision, construction, improvement, equipment, maintenance and oper�tion of the airport. Tf such petition shall meet the legal requirements and if after said special election such proposition shall be carried as pro- vided by law, then the City Council shall allocate the �roceeds from the 5ale of said bonds to the Airport Fund for the use of said Bo�rd in the manner provided for h�rein. SECTION 12: Said �oard sha11 have the authority to employ such indiviauals, institutions, partnerships, organizations or corporations as it shall deem necessary f or the maintenance and operation of said airport and shdll have authority to, upon resolution duly adopted, enter into any contract, lease or other agreement �:ith any individuals, institutions, partnerships, or�anizations or corpordtions effecting the maintenance and operation of said airport. Any person employed by such Board as aforesaid �hal1 be so employed subject to the right of said Bodrd to remove same witri or without eause at any time. Any contraet, lease or agreement entered into by said Board with dny person as aforesaid shall be on such terms as the Board may deem fit. Said Board shall assume the obligations and rights of the City in and to any contract, agreement or obligation that may be existing on the effective date of this ordinance. Ho�ever, all persons now engaged as employee� of the City of Cape Girardeau shall remain and be sub�ect to the authority and �urisdiction of said board on the effective date h�reof. SECTION 13: Said Boa.rd shall have the right to adopt - 4 - . . •.- -�. _ ,. and pass rules and regulations governing the use and operation of said Airport, provided, however, that before any penalty may be enforced for the violation of any such ru:Le or regulation the same shall be approved, authorized and adopted by the City Council by ord.inance. SECTIUN 14: Said Board shall each 90 days file with the City Clerk a complete financial statement shov�ing all funds received by it, to�ether �ith all monies disbursed by it and tv �rhom dis- bursed, together wi�h a11 outsta,nding obligations and such other matt�rs affecting the financial condition of the Airport and �hall report to the City Council on any matter at any time as may by the Council be directed. The first of such financial statements shall be subtnitted 90 days after the organization date of said Board. SECTION 15: Said Board shall have the authority to adopt such bylaws governing the conduct of its business as it deems necessa.ry. It shall set a regular ddte each month for its regular meetin�; and shall advise the City Clerk of the dat� so set in order that persons havi� busine5s with said Board wi11 be advised. Each Board member shall be deemed to occupy a position of Trust in the same manner as other City officials. , Passed and approved this ���da of Y _, 1946, after having been given its first • readings on the �_,,'� aay of , 1946. - � ._.�,�./ Bdayor ATTEST -�;��,�,1!¢��r�,._.t-c.�-�� — . t� �,, ,,� r' ,%� . Y - 5 - .