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086 of 1998 - Airport0 98-1 0 98-30 SALT LAKE CITY ORDINANCE No. 86 of 1998 (Airport) AN ORDINANCE AMENDING CHAPTER 2.14 AND SECTIONS 2.08.030, 5.71.010, 5.71.040, 5.71.050, 12.56.240, 16.04.110, 16.12.180, 16.12.400, 16.12.460, 16.44.030, 16.56.020, 16.60.030, 16.60.065, 16.60.110, 16.60.190, 16.60.200, AND 21A.32.060, SALT LAKE CITY CODE, RELATING TO THE AIRPORT DEPARTMENT. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 2.14, Salt Lake City Code, be, and the same hereby is, amended to read as follows: Chapter 2.14. AIRPORT BOARD Sections: 2.14.010 Definitions. 2.14.020 Creation of board. 2.14.030 Eligibility for membership. 2.14.040 Appointment - Oath of office. 2.14.050 Remuneration. 2.14.060 Board members' ethics. 2.14.070 Removal from office. 2.14.080 Election of board officers. 2.14.090 Meetings. 2.14.100 Committees. 2.14.110 Attorney and engineer duties. 2.14.120 Powers and duties. 2.14.130 Review of action -Veto power of mayor. 2.14.010 Definitions. For the purpose of this chapter the following words shall have the meanings as given in this section: A. "Airport" means the city's department of airports, including the Salt Lake City International Airport, Salt Lake City Airport No. 2, Tooele Valley Airport, and any other airport owned or operated by the city. B. "Board" means the city airport board. C. "Board member" means a person appointed by the mayor of the city, with the advice and consent of the city council, who is duly qualified and an acting, voting member of the board. 2 D. "City" means and has reference to Salt Lake City, a municipal corporation of the state. E. "Council" means the city council. F. "Director of airports" means the city's director of its department of airports. G. * 2.14.020 Creation of board. There is created the city airport board, hereinafter referred to as "board," which body shall consist of nine appointed voting board members, no more than four of whom may reside outside the boundaries of Salt Lake City. The mayor, each councilmember, the director of airports, the city attorney and the city engineer, or their designees, shall be ex officio nonvoting board members. 2.14.030 Eligibility for membership. To be eligible to be appointed as a board member a person must be: A. Not less than twenty-one years of age; B. A resident of the state; and C. Not actively engaged or employed in commercial aeronautics. 2.14.040 Appointment -Oath of office. 3 All appointments of board members shall be made by the mayor, with the advice and consent of the city council. All appointments shall be made for a four-year term, except when the appointment is to fill the unexpired term of a resigning or deceased board member, in which case, such appointment shall be for the unexpired term. Each board member's term of office shall expire on the applicable third Monday in January. Board members shall sign the oath of office required by law to be signed by city officials and file the same in the office of the city recorder. Every board member who shall fail within ten days after notification of his/her appointment to file with the city recorder his/her oath of office to perform faithfully, honestly and impartially the duties of his/her office, shall be deemed to have refused such appointment, and thereupon another person shall be appointed in the manner prescribed in this code. 2.14.050 Remuneration. Board members may be reimbursed for reasonable and authorized out of pocket expenses they may incur as board members. 2.14.060 Board members' ethics. 4 Board members shall be subject to and bound by the provisions of the applicable city and state laws pertaining to ethics. Any violation of the provisions of such laws shall be grounds for removal from office. 2.14.070 Removal from office. Any board member may be removed from office by the mayor, for cause, prior to the normal expiration of the term for which such board member was appointed. 2.14.080 Election of board officers. Each year the board, at its first regular meeting after the third Monday in January, shall select one of its board members as chairperson, and another of its board members as vice -chairperson who shall perform the duties of the chairperson during the absence or disability of the chairperson. The director of airports may make available a secretary from his/her staff to the board when such appears to the director of airports to be needed. 2.14.090 Meetings. A. Meetings. The board shall convene for regular meetings to be held not less than monthly throughout the year. The board shall keep its meetings open to the public, consistent with the Utah Open and Public Meetings Act. Special meetings may be ordered by a majority of the board, or its 5 chairperson, the mayor or the city council. Meetings shall be held at the office of the director of airports, or at such other public place as may be designated by the board. Five board members shall constitute a quorum for the transaction of business. The board may act officially by an affirmative vote of any five of the board members. B. Record of Meetings. The board shall cause a written record of its proceedings to be kept which shall be available for public inspection in the office of the director of airports. The board shall record the yea and nay votes on any action taken by it. C. Meeting Procedural Rules. The board shall adopt a system of rules of procedure under which its meetings are to be held. The board may suspend the rules of procedure by unanimous vote of the board members who are present at the meeting. The board shall not suspend the rules of procedure beyond the duration of the meeting at which the suspension of the rules occurs. 2.14.100 Committees. The board may designate such committee or committees as it desires to study, consider and make recommendations on matters which are presented to the board. Committee members may be board members but the board shall have the power to 6 appoint such committee members as it deems appropriate and advisable even though they may not be board members. 2.14.110 Attorney and engineer duties. The city attorney and the city engineer shall be the attorney and engineer, respectively, for the board, and the airport shall reimburse the city for all charges, costs and expenses incurred by the city therefor. 2.14.120 Powers and duties. Subject to the provisions of Section 2.14.130, the board shall have the following powers and duties: A. The power to determine and establish such rules and regulations for the conduct of the board as the board members shall deem advisable. Such rules and regulations shall not be in conflict with this chapter or other applicable city, state or federal law; B. To adopt and alter all rules and regulations which it shall from time to time deem in the public interest and most likely to advance, enhance, foster and promote air transportation at city airports, for the conduct of the business of, and the use and operation of, the airport and the facilities thereof, and for the purpose of carrying out the objects of this chapter; but such rules and regulations shall not be in conflict with the terms of this chapter or 7 any other city ordinance, state or federal law; C. To recommend the appointment and/or removal of the director of airports, and also to recommend the appointment and/or removal of the deputy director of airports and any project manager hired by the city. All other personnel shall be processed through the city personnel department with final recommendations to come from the director of airports and with appointment by the board; D. To plan, establish and approve all construction and expansion projects for the airport. The approval required in this section shall be in addition to all other approval of other city departments required by law; E. To determine broad matters of policy regarding the operation and management of the airport, which shall include, but not in limitation thereof, the following: 1. Expansion of the airport, 2. Timing of such expansion, 3. Determining the method of establishing and establishing rate structures for services or facilities furnished by the airport to the public or to any person, firm or corporation, public or private, and for leasing of space or facilities, or for granting rights, privileges, or concessions at the airport, 8 4. The duration which will be allowed for each particular class of leases or granting of rights at the airport, 5. To establish any other general provisions of agreements or leases which may be brought before the board, 6. To make determinations when required as to the public need and for additional concessionaires, services or facilities at the airport, 7. To fix and determine exclusively the uses to which any of the airport land shall be put; provided, that any use shall be necessary or desirable to city, airport or the aviation industry, 8. Review and establish policy on all operations or activities that are major in nature and require policy determinations, 9. Review and establish policy regarding the improvement program of the master plan study as related to income and revenue so that the staging of major capital improvement projects are within the anticipated airport revenues and income projected, in a conservative manner, 10.Review and adopt matters of policy on all major problems which require broad policy considerations, including rules and regulations, commercial operations and general aviation, 9 11.Review and decide policy matters regarding problems of general public concern affecting the airport, 12.Decide matters of policy regarding all matters which are properly brought before the board; F. To annually prepare a budget for the operating and maintenance expenditures for the airport and to calculate the revenue necessary to provide funds for the operating and maintenance expenditures of the airport. The budget shall be prepared and filed at such time as the board shall designate and shall contain a full and detailed estimate of the revenue required during the ensuing year for the maintenance and operation of the airport, showing therein the number of employees, classification, and the amount of salary and wages. The expenditures for the maintenance and operation of the airport shall be limited to the extent of specific appropriations of money made in advance by the board upon estimates furnished. The city council has final approval authority; G. Review not less often than annually with the airport administration, the income from all sources, the expenditures for all purposes, and the relationship of anticipated revenues to anticipated expenditures, including debt retirement; 10 H. Assist the director of airports in every way possible for the continuing orderly development and promotion of the airport in order to best serve the local and regional requirements for airport service. 2.14.130 Review of action - Veto power of mayor. All actions taken by the board shall constitute recommendations to the mayor and shall not constitute official action. All recommendations to the mayor shall be reduced to writing and submitted to the mayor. The mayor shall have the power to review, ratify, modify or reject any action submitted by the board. The mayor shall promptly notify the board in writing of the action taken, No action shall be implemented until the board is notified in writing that it has been ratified by the mayor or that the action was modified and adopted by the mayor and in such event it shall be implemented as modified. In the event the mayor shall desire to hold any matter for further study, the chairperson of the board shall be notified. Actions will take effect only upon ratification by the mayor. SECTION 2. That Section 2.08.030, Salt Lake City Code, and the same hereby is, amended to read as follows: 11 2.08.030 Department of airports and airport board. A. Functions. The department shall have charge of and be responsible for the planning, design, construction, operation, maintenance, administration and management of all airport properties and attendant facilities under jurisdiction of the city, including any required satellite operating or support facilities. B. Airport Board. The airport board created under and functioning pursuant to the provisions of Chapter 2.14 of this code, or its successor, shall provide citizen assistance and direction to the director of airports and shall coordinate, report and receive direction on administrative and executive functions from the mayor. It shall coordinate and report legislative matters through the mayor to the city council. SECTION 3. That Section 5.71.010, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.71.010 Definitions. The words and phrases, when used in this chapter, shall have the meaning defined and set forth in this article. A. * * * 12 B. "Airport division" or "division" means the Salt Lake City airport ground transportation services of the Salt Lake City department of airports. C. * SECTION 4. That Section 5.71.040, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.71.040 Form of service comment form. A. The airport division shall cause to be printed a service comment form in a form substantially as follows: SERVICE COMMENT FORM Please provide the following information if you have any comments about the quality of the ground transportation services being provided to you: 1. Kind of Transportation: 2. Company Providing Transportation: 3. Vehicle Identification Number: 4. Driver's Name (and Number, if any): 5. Date and Time: 6. Location: 7. Comments/Objections: 13 8. Your Name: 9. Your Business Phone Number: 10.Your Signature: Please mail this card to the Salt Lake City International Airport Ground Transportation Services, P.O. 22084, Salt Lake City, Utah 84122; phone: (801) 575-2780. The driver of this vehicle will receive a copy of this form. If your comments point out a violation of City ordinances, you will be contacted regarding the information on this form, and the driver may receive a citation and information on civil penalties and appeals. SECTION 5. That Section 5.71.050, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.71.050 Filing and issuance of service comment form. A. A service comment form shall be filed in the following manner: 1. A service comment form card or citation slip shall be filed when it is received by the Salt Lake City International Airport Ground Transportation Services, P.O. Box 20084, Salt Lake City, Utah 84122, and the airport 14 division shall maintain such forms as set forth in this chapter. The date of receipt shall be the filing date. 2. B. * * Section 6. That Section 12.56.240, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 12.56.240 Airport parking - General restrictions. A.1. Parking areas for motor vehicles shall be set aside for airport employees and for the general public. No person shall park a motor vehicle or a trailer in any place at the airport other than those areas designated by the director of airports. No person shall park a motor vehicle in an area designated as an employee parking lot unless the motor vehicle displays a currently effective employee parking sticker issued by the director of airports. 2. B. C. * * * D. No person shall park a motor vehicle at the airport in excess of seventy-two consecutive hours unless such vehicle 15 is parked in the public parking area or approval is given by the director. E. No person shall park a motor vehicle in an area designated as a public parking lot without paying the authorized rates, which shall be available in the airport's office of finance and administration. Section 7. That Section 16.04.110, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.04.110. Director. "Director" means the duly appointed and qualified department head of the city department designated as the "department of airports," selected and appointed by the mayor with the recommendation of the airport board and with the advice and consent of the city council. Section 8. That Section 16.12.180, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.12.180. Aircraft parking fees. 16 A. There are established the following fees for the parking of aircraft at the Salt Lake City International Airport. 1. Monthly Parking Fees for Airport -based Aircraft on Airport Controlled Space. a. b. c. * * * 2. Daily Transient Aircraft Parking Fees on Airport Controlled Space. a. b. c. B. Section 9. That Section 16.12.400, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.12.400. Prohibited conduct and activities. In the solicitation of funds, the following requirements shall apply: 17 B. C. No person soliciting funds shall in any way indicate to the public that he or she is a representative of the city or the city's airports; D. * E. * Section 10. That Section 16.12.460, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.12.460. Face-to-face discussions - Conduct prohibited. In conducting any face-to-face discussion or in an attempt to engage any person or persons in such discussions, no person shall: A. * * * B. * * * C. D. * * E. In any way indicate to the public that he or she is a representative of the city, or the city's airports; F. * * * G. * * * 18 Section 11. That Section 16.44.030, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.44.030. Stage 1 aircraft - Notice of compliance. All owners and/or operators of noise compliant Stage 1 aircraft shall be required to give written notice to the airport director of the schedules for such noise compliant aircraft. Notice should be given to the airport director as soon as possible but under no circumstances less than five days prior to the scheduled operation at Salt Lake City International Airport. Section 12. That Section 16.56.020, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.56.020. Mandatory and minimum standard lease clauses. The following minimum standards for leasehold operations at the airport shall include therein the building codes, as adopted in the Salt Lake City Code, and the state and the appropriate API standards for the handling of aviation 19 fuels. All leases concerning aeronautical services at the airport shall contain the following provisions: A. through M. * N. Indemnification. 1. * * * 2. Lessee agrees to indemnify fully, defend and save and hold harmless city, its officers, agents and employees from and against all losses, damages, claims, liabilities and causes of action of every kind of character and nature as well as costs and fees, including reasonable attorney's fees connected therewith, and expenses of the investigations thereof, based upon or arising out of damages or injuries to third persons or their property caused by the negligence, intentional acts or omissions of lessee, its officers, agents or employees. City shall give to lessee prompt and reasonable written notice of any such claims or action, and lessee shall have the right to investigate, compromise and defend the same to the extent of its own interests. In carrying out any of the provisions herein, or in exercising any power or authority granted to lessee, there shall be no liability upon any official of Salt Lake City Corporation, Salt Lake City airports, their authorized assistants, consultants or employees, either personally or as officials 20 of the city, it being understood that in such matters they act as agents and representatives of Salt Lake City Corporation. 3. * Section 13. That Section 16.60.030, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.030 Vehicle ramp operations. A. B. C. * * * D. Yield Right of Way to Aircraft. All vehicles shall yield right of way to any aircraft when the aircraft is under tow or has its engines operating. No vehicle shall proceed past such aircraft until the vehicle's progress will not impede the aircraft's movement. This section does not preclude the establishment of agreements to the contrary between the city and the Federal Aviation Administration. 21 Section 14. That Section 16.60.065, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.065 Parking areas. A. Parking areas for motor vehicles shall be set aside for airport employees and the general public. No person shall park a motor vehicle or a trailer in any place on the airport other than those areas designated by the director of airports. No person shall park a vehicle in an area designated as an employee parking lot unless the vehicle displays a currently effective employee parking sticker authorized by the airport. Such permits shall not be valid if the information thereon is not clearly visible and readable. B. C. D. * * * E. No person shall park a motor vehicle on the airport in excess of seventy-two consecutive hours unless it is parked in the public parking area or with the authorization of the airport. 22 F. No person shall park a motor vehicle in an area designated as a public parking lot unless such person pays the authorized rate for such parking lots. A schedule of parking rates shall be available in the airport office of finance and administration. Section 15. That Section 16.60.110, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.110 Fees and per -use charges. A. * * * B. * * * C. With advice and counsel from the airport board, the director of airports may establish the methods of payment and collection of the fee. Section 16. That Section 16.60.190, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.190 Staging and parking of ground transportation vehicles. 23 In addition to the staging area parking facilities and stands established solely for taxicabs as set forth in this article, there are established parking areas and a commercial traffic lane for use by authorized ground transportation vehicles. The use of such facilities shall be subject to the following: A. B. C. * * * D. The areas set aside and designated by signs as the pick up and drop off points for the airport parking lot shuttle bus are to be used only by the airport shuttle bus; no other vehicles may use this area at any time. E. * * * F. * * * Section 17. That Section 16.60.200, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.200 Signs. Signs may be posted at the ground transportation booth which meet the graphic standard of the airport. The signs 24 are limited to information necessary to coordinate identification of groups. No advertising is allowed. Signs may be posted only when a starter or company representative is present. Section 18. That Section 21A.32.060, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 21A.32.060 A. B. C. A airport district. D. Maximum Building Height. Maximum building height shall be determined by the Salt Lake City International Airport in accordance with Sections 21A.34.040(6) through (18). E. * * * SECTION 19. This ordinance shall take effect immediately upon the date of its first publication. 25 Passed by the City Council of Salt Lake City, Utah this 10 thj day of 11OvEvn6er , 1998. ATTEST: C' EF D PUTY ITY :ECORDER Transmitted to Mayor on NGuember rel 1998 . Mayor's Action: i(X Approved. CHIEF DEPUTY CITY RECORDER No. 86 of 1998. ished: DECEM6ER 2) t99a. A TEST: \ordina98\airport amendments -clean2 MAYOR Vetoed. APPROVED AS TO FORM Salt Lake City C�Attorneys Office Date /l l � �j7�� By 26