2015-50

ORDINANCE AMENDING MARION CITY CODE CHAPTER 941 MARION MUNICIPAL AIRPORT IN ORDER TO BRING SAME MORE UP TO DATE, as amended

WHEREAS, the Board of Airport Commissioners has recommended modifications to the existing City Code, and

 

WHEREAS, the Council and Administration has given due consideration as to the recommended changes,

 

BE IT  ORDAINED by the Council of the City of Marion, Marion County, Ohio,

 

Section 1.        The Council finds it necessary to modify the existing Code to update said provisions to be more consistent with current needs as to Airport operations and Airport over-sight and management

 

Marion City Code 941 now reading as follows:

 

  1. Authority of Director

 

The Safety/Service Director is authorized to grant options and lease parcels of ground at the Marion Municipal Airport for the construction of hangars or buildings thereon, for the storage of aircraft or shops for the repair and overhaul of aircraft and aircraft engines, or for other purposes associated with or incidental to the operation of an airport, pursuant and conditions of this chapter.

 

IS HEREBY AMENDED TO READ:

          

The Service Director is authorized to grant options, lease parcels of ground both improved and unimproved at the Marion Municipal Airport for the construction of hangars or buildings thereon, for the storage of aircraft or shops for the repair and overhaul of aircraft and aircraft engines, or for other purposes associated with or incidental to the operation of an airport, pursuant and conditions of this chapter.

 

Marion City Code 941.03 B now reading as follows:

 

       (B)  Term of lease.  The original term of any lease shall not exceed 25 years. An option to renew such lease may be granted in the original lease with terms to be negotiated upon exercise of the option.

 

IS HEREBY AMENDED TO READ:

 

(B)  Term of lease.  The original term of any lease shall not exceed 25 years. An option to renew such lease may be granted in the original lease.  with terms to be negotiated upon exercise of the option.

 

 

Marion City Code 941.03 C now reading as follows:

 

(C)  Lease payments.  The consideration for the lease shall be the sum of not less than $.05 per square foot per year for all land leased.

 

IS HEREBY AMENDED TO READ:

 

(C)  Lease payments.  The consideration for the lease shall be the sum of not less than $.07 per square foot per year for all land leased.        

 

Marion City Code 941.03 D (3) now reading as follows:

 

       (D)  Buildings.  The lease shall provide as to buildings as follows:

 

              (3)   Where land is leased at the sum of $.05 per square foot per year by a lessee for a proposed building, such consideration shall start on the day the lease starts. If such proposed building is not completed within one year after the day the lease starts, the lease shall be subject to immediate termination by the municipality. The Safety/Service Director shall terminate such lease when recommended to do so by the Board of Airport Commissioners but he/she shall not terminate the lease without prior approval of the Board of Airport Commissioners.

 

IS HEREBY AMENDED TO READ:

 

(D)  Buildings.  The lease shall provide as to buildings as follows:

 

              (3)   Where land is leased at the sum of $.07 per square foot per year by a lessee for a proposed building, such consideration shall start on the day the lease starts. If such proposed building is not completed within one year after the day the lease starts, the lease shall be subject to immediate termination by the municipality. The Safety/Service Director shall terminate such lease when recommended to do so by the Board of Airport Commissioners but he/she shall not terminate the lease without prior approval of the Board of Airport Commissioners.

 

Marion City Code 941.05 now reading as follows:

 

§ 941.05  LICENSE REQUIRED; FEE.

 

       No person, firm, corporation or other business entity shall carry on any business on the Marion Municipal Airport without first obtaining a license to do so. Such license shall be for a calendar year. When applicable, the license fee shall be prorated as of the first day of the month the license is issued. The license shall not be considered as a license coupled with a lease and all leases and licenses shall so state. ('70 Code, § 941.05) (Ord. 65‑123, passed 12‑13‑65) Penalty, see § 941.99

 

IS HEREBY AMENDED TO READ:

 

§ 941.05  LICENSE REQUIRED; FEE.

 

       No person, firm, corporation or other business entity shall carry on any business on the Marion Municipal Airport without first obtaining a license to do so. Such license shall be for a calendar year. When applicable, the license fee shall be prorated as of the first day of the month the license is issued. The license shall not be considered as a license coupled with a lease and all leases and licenses shall so state. ('70 Code, § 941.05) (Ord. 65‑123, passed 12‑13‑65) Penalty, see § 941.99

 

 

Marion City Code 941.07 now reading as follows:

 

§ 941.07 (B) FIXED BASE OPERATORS.

     

       (B)  The fee for a fixed base operator's license shall be $300 per year, or a prorata portion thereof as provided by § 941.05, payable when such license is issued. The fee shall be subject to the provisions of § 941.11(C). ('70 Code, § 941.07) (Ord. 1972‑60, passed 4‑10‑72)

 

IS HEREBY AMENDED TO READ:

 

            (B)       The fee for a fixed base operator's license shall be $300 per year, or a prorata portion thereof as provided by § 941.05, payable when such license is issued. The fee shall be subject to the provisions of § 941.11(C). ('70 Code, § 941.07) (Ord. 1972‑60, passed 4‑10‑72)

 

 

Marion City Code 941.10 (C)  now reading as follows:

 

§ 941.10  FEE SCHEDULE.

 

       The following schedule of fees and royalties shall apply to fixed base operators:

 

       (C)  For aviation fuel sold or consumed in carrying on the duties of a fixed base operator, charges shall be as follows: A royalty of $.02 per gallon for all aviation fuel sold or consumed. ('70 Code, § 941.10) (Ord. 1983‑71, passed 8‑22‑83)

 

IS HEREBY AMENDED TO READ:

 

 

The following schedule of fees and royalties shall apply to fixed base operators:

 

       (C)  For aviation fuel sold or consumed in carrying on the duties of a fixed base operator, charges shall be as follows: A royalty of $.03 per gallon for FBO fuel tank $.05  per gallon for City owned fuel tank as to all aviation fuel sold or consumed. ('70 Code, § 941.10) (Ord. 1983‑71, passed 8‑22‑83)

 

Marion City Code 941.32  now reading as follows:

 

§ 941.32  TRANSIENT PARKING.

 

       Tie‑down areas, the number and location of which shall be determined by the Airport Manager, shall be reserved for the exclusive use of transient aircraft. Tie‑downs so designated for transient rental will not be available to local aircraft. A tie‑down fee of $2 per night for a remain‑over night flight shall be charged to all transient aircraft using the municipal airport. This charge of $2 per night shall be charged up to a sum not to exceed $10 per week or $20 per month, commencing on the date of arrival and ending on the date of departure. There is no charge arriving and departing the same day. (Ord. 1970‑177, passed 10‑12‑70; Am. Ord. 1983‑70, passed 8‑22‑83)

 

IS HEREBY AMENDED TO READ:

 

 941.32  TRANSIENT PARKING.

 

       Tie‑down areas, the number and location of which shall be determined by the Airport Manager, shall be reserved for the exclusive use of transient aircraft. Tie‑downs so designated for transient rental will not be available to local aircraft. A tie‑down fee of $4 per night for a remain‑over night flight shall be charged to all transient aircraft using the municipal airport. This charge of $ 4 per night shall be charged up to a sum not to exceed $20 per week or $20 per month, commencing on the date of arrival and ending on the date of departure. There is no charge arriving and departing the same day. (Ord. 1970‑177, passed 10‑12‑70; Am. Ord. 1983‑70, passed 8‑22‑83)

 

Marion City Code 941.34  now reading as follows:

 

§ 941.34  TIE‑DOWN RATE SCHEDULE.

 

                                                  Amount Per Month

       Sod Area                         (Payable in Advance)

 

       Single engine............................................. $12

       Twin engine................................................ 18

 

       Blacktop Area

 

       Single engine............................................... 15

                                                  Amount Per Month

       Blacktop Area                 (Payable in Advance)

 

Twin engine....................................................... 25

(Ord. 1970‑177, passed 10‑12‑70; Am. Ord. 1983‑70, passed 8‑22‑83)

IS HEREBY AMENDED TO READ:

 

§ 941.34  TIE‑DOWN RATE SCHEDULE.

 

                                                  Amount Per Month

       Sod Area                        (Payable in Advance)

 

       Single engine............................................ $12

       Twin engine............................................... 18

 

       Blacktop Area

                                                  Amount Per Month

                                              (Payable in Advance)

 

 

       Single engine............................................... 20

                                                                              

        Twin engine............................................... 30

 

 

 

Section 2.        That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

 

 

Approved:                                                                   _________________________

                                                                                    Dave Edwards

                                                                                    President of Council  

 

_______________________________

Mayor Scott Schertzer

 

 

Attest:

 

________________________________

Clerk of Council