PUBLIC NOTICE

NOTICE OF ADOPTION

ORDINANCE 04-05-22-A

Public Notice is hereby given that the City Council of the City of Enterprise, Alabama at a regular meeting held on April 19, 2022, duly passed and adopted Ordinance 04-05-22-A.  The ordinance in its entirety is as set out below.  

Beverly Sweeney

City Clerk

April 27, 2022

ORDINANCE 04-05-22-A

ORDINANCE TO ESTABLISH 

THE ENTERPRISE PLANNING COMMISSION TO ACT

AS THE AIRPORT ZONING COMMISSION

            WHEREAS, an important asset to the City of Enterprise is the Enterprise Municipal Airport (“Airport”), and the Airport is used by private individuals, commercial businesses and Fort Rucker personnel, while providing an economic development base and catalyst to the City;

            WHEREAS, the Council finds that encroachment near the Airport of residential developments adjoining the Airport property will cause dangers to residents and the proliferation of noise complaints which will inhibit or interfere with safe and efficient Airport operations;

            WHEREAS, the Council finds that the reasons stated in this Ordinance and under Alabama law known as the Airport Zoning Act, Ala. Code § 4-6-1, et seq., which the Council adopts as if incorporated herein by reference, provides a proper basis to appoint an Airport Zoning Commission, which pursuant to law, shall be the Enterprise Planning Commission:

            THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA, AS FOLLOWS:

I.          PURPOSE OF ORDINANCE AND INTENTION OF CITY COUNCIL

            The City Council intends to enact one or more ordinances pursuant to Alabama’s Airport Zoning Act, as set out in Ala. Code § 4-6-1, et seq., to establish zoning jurisdiction of the City to include, in addition to the corporate area of the City of Enterprise, the area lying within two miles of the boundary of any airport owned or operated by said municipality.

II.         AIRPORT ZONING COMMISSION.

            Pursuant to Ala. Code § 4-6-5, the Enterprise Planning Commission is designated as the Airport Zoning Commission to recommend the boundaries of the various zones to be established and the regulations to be adopted by the City Council. Said commission shall make a preliminary report and hold one or more public hearings thereon before submitting its final report, and the Council shall not hold its public hearings or take other action until it has received the final report of such commission.  

III.        SEVERABILITY.

            If any section, sentence, clause, phrase, or part of this ordinance is for any reason declared to be invalid by the valid judgment or decree of a court of competent jurisdiction, such decision shall not affect any remaining sections, sentences, clauses, phrases, or parts of this ordinance.  

IV.       EFFECTIVE DATE.

            This ordinance shall take effect upon its approval by the City Council, or upon its otherwise becoming law, but shall nevertheless be published as required by law.

Duly Passed and Adopted this 19^thday of April, 2022.

COUNCIL:

 S/ Turner Townsend

Council President Turner Townsend

District #5

S/ Sonya W. Rich

Council Member Sonya W. Rich

District #1

S/ Eugene Goolsby

Council Member Eugene Goolsby

District #2

S/ Greg Padgett

Council Member Greg Padgett

District #3

S/ Scotty Johnson

Council Member Scotty Johnson

District #4

ATTEST:

S/ Beverly Sweeney

Beverly Sweeney

City Clerk

Transmitted to the Mayor this 20^thday of April, 2022.

S/ Beverly Sweeney

Beverly Sweeney

City Clerk

ACTION OF THE MAYOR:

Approved this 21^stday of April, 2022.

 S/ William E. Cooper

William E. Cooper

Mayor

ATTEST:

S/ Beverly Sweeney

Beverly Sweeney

City Clerk

4/27/2022