HomeMy WebLinkAboutCharter - Article 1 Creation and PowersCHARTER § 1.02
ARTICLE I. CREATION AND POWERS*
Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall continue to be a municipal body
politic and corporate in perpetuity under the name "City of Sebastian" and, under that name,
shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city shall be vested with all extraterri-
torial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as
follows:
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate therein, or riparian rights or
easements therein, within or without the city, to be used for any municipal purpose,
including cemeteries or places for burial of the dead; streets and highways, public
parking lots or spaces; bridge and tunnel sites; the construction of a telephone system;
plants, works and wells and other equipment necessary for supplying said city with
water, ice, gas for illuminating and heating purposes, and electric power for illumi-
nating, heating or power purposes; the location of waterworks and sites for public
utility works; the establishment of poor houses, houses of detention and correction;
hospitals for the cure or detention of the sick; jails; market houses, public parks,
playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, prome-
nades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage
and refuse; for extension of sewer and drainage pipes and watermains; and for any
public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of
same or any part thereof for the benefit of the city, to the same extent that natural
persons might do, in the manner provided in this Charter.
(2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public
landings, piers, wharves and docks within and without the city, and to acquire lands,
riparian rights or other rights and easements necessary for such purposes; to control
and regulate the operation of boats and the speed thereof; to lay and collect reasonable
duties, charges or fees on vessels or watercraft coming into or using such landings,
wharves, and docks; to regulate the manner of using any and all wharves and docks
within and without the city and the rates of wharfage or charges to be paid by vessels
or other watercraft using the same.
(3) Use of public lands and waters. To regulate and control the use and occupancy of the
waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets,
*State law reference—Home rule powers generally, F.S. § 166.021.
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§ 1.02 SEBASTIAN CODE
thoroughfares, alleys, parks, public lots, and other public places in the city and
municipally owned or leased property within or without the city limits; and to impose
and enforce adequate penalties for violation of such rules and regulations.
(4) Public utilities. To furnish any and all local public services, including electricity, gas,
water, lights, or transportation, and to charge and collect necessary fees or charges
therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any
public utilities, electric light system, telephone and telegraph system, waterworks and
plants, ice plants, and works, gas plants and distribution systems, bus or transit
systems, radio broadcasting stations, television stations, cablevision rebroadcasting
systems, telephone systems, or other public utility; to establish, impose and enforce
rates and charges for supplying such services or conveniences by the city to any person,
persons, firm or corporation; to furnish any and all local public services to persons,
firms, industries, or municipal corporations residing or located outside of the limits of
said city. To acquire in any lawful manner in the State of Florida such water, lands and
lands under water as the city council may deem necessary for the purpose of providing
an adequate water supply for said city and the piping and conducting of the same, to
make reasonable rules and regulations for promoting the purity of its said water
supply and protecting the same from pollution and for this purpose to exercise full
police powers over all lands comprised within the limits of the water shed tributary to
any such supply wherever such lands may be located in the State of Florida.
(5) Abatement of nuisances. To compel the abatement and removal of all nuisances within
the city or upon the property owned by the city beyond its corporate limits, at the
expense of the person or persons causing the same, or of the owner or occupant of the
grounds or premises whereon the same may be.
(6) Dairies and stock. To provide for inspecting and regulating the sanitary condition of all
dairies, butcher pens, slaughter houses, meat markets, or other places within and
without the city limits, where the products of same are sold within the city limits, and
to provide penalties for the violation of such regulations.
(7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and
operate municipal airports, landing fields, hangars, aviation terminals and adminis-
tration buildings, runways depots, warehouses, garages, repair shops, oil and fuel
tanks or stations, or other necessary appurtenances for the use of airplanes and other
aircraft, and to acquire or lease any and all real property within the corporate limits,
or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use
for such purpose any real property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease for another purpose; to adopt
and enforce reasonable rules and regulations governing the use of such municipal
airports; to employ airport directors, airport managers, employees or agents in
connection with such operation; to impose fees or charges in connection with the use of
such airport or airport facilities; to sell gasoline or other supplies necessary in
connection with the operation of such airports; to provide lounges, eating places,
Supp. No. 22 CHTA