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HomeMy WebLinkAboutO-81-26ORDINANCE NO. 0~/~ AN ORDINANCE CREATING CHAPTER 12.5 OF THE CODE OF ORDINANCES BY CREATING THE SEBASTIAN MUNICIPAL GOLF COURSE; CREATING THE BOARD OF DIRECTORS OF SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR MEMBERS AND PROCEEDINGS; SETTING FORTH POWERS AND DUTIES; ESTABLISHING GOLF COURSE OPERATING FUND; PROVIDING FOR PROCEDURE FOR FIXING AND CHANGING RATES AND CHARGES; STATING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. SEBASTIAN: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SECTION I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a chapter, to be numbered Chapter 12.5, which said chapter shall read as follows: CHAPTER 12.5 GOLF COURSE Sec. 12.5-1 Golf Course Created. The Sebastian Municipal Golf Course is hereby created. The general nature and object of the facility shall be to promote, and encourage citizens and other persons to learn and play golf, swimming, tennis and other recreation sports at the Sebastian Municipal Golf Course and its premises. Sec. 12.5-2 Golf Course Board. The affairs of the golf course shall be managed by the Board of Directors of the Municipal Golf Course. The word "Board" when used in this Chapter shall be construed to mean the Board of Directors of the Municipal Golf Course. Sec. 12.5-3. Composition; Qualifications; Term; etc. (a) Composition. The Board shall be composed of seven (7) regular members and one (1) alternate member, appointed by the City Council. (b) Qualifications. Each director and alternate appointed shall be a permanent resident of Indian River County or South Brevard County, with an interest in protecting, promoting and enhancing the recreational facilities at the course along with a business or administrative background; a majority of said directors shall be residents of the City of Sebastian. (c) Term of Office. Of the regular and alternate directors initially appointed to the Board; (1) Four directors and the alternate shall be appointed for a term of one year. If possible, two of said appointees shall be non-residents of the City. (2) Three directors shall be appointed for a term of two years. (3) Thereafter, all appointments shall be made for a term of two years. (d) Vacancies and Reappointment. Any director may be reappointed from term to term by the City Council. Appointments to fill any vacancy to the Board shall be for the remainder of the unexpired term of office. (e) Removal of Directors. Any Director who fails to attend two out of three successive meetings without cause and without prior approval of the chairman shall auto- matically forfeit his appointment and the City Council shall properly fill such vacancy. In addition, directors may be removed, with or without cause, upon four-fifths (4/5) vote of the Council. (f) Compensation. A director of the Board shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses and other per diem expenses as may be authorized by the City Council and approved by the Mayor. Sec. 12.5-4. Proceedings. (a) Meetings of the Board shall be held at the call of the chairman and at such time as the Board may determine. A quorum shall consist of four (4) members. -2- (b) Ail meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record. (c) The Board officers shall consist of a Chairman, vice-chairman and such other officers as the Board may deem necessary. Officers of the Board shall be elected by a majority vote of the directors at the first meeting after their initial appointment, and annually, in January, thereafter. Sec. 12.5-5 Powers and Duties. The Board shall have the following powers and duties: (1) To adopt such rules and regulations as it deems necessary in order to conduct its business and to regulate membership in and the use of the Municipal Golf Course and its related facilities. Said rules shall be subject to approval by the City Council and shall be filed with the office of the City Clerk. (2) To prepare and submit to the Council on or before July 1 of each year an annual budget for the operation, maintenance and improvement of the golf course and its related facilities. (3) To prepare and adopt such reasonable rates and charges for the use of the facilities by the public, provided that the premises will at all times be self-supporting. Sec. 12.5-6 O~erating Fund. (a) There is hereby created the Sebastian Municipal Golf Course Operating Fund which shall be composed of all funds received for the construction and from the operation of the municipal golf course and related facilities from whatever source or sources. 3 (b) Ail monies received and expended shall be maintained by the Finance Director in a separate and distinct fund from all other city funds. However, said funds may be invested in the Local Government Surplus Trust Fund, as established by Florida Law, or such other prudent investments as otherwise provided by law or ordinance. Sec. 12.5-7 Rates; Procedure For Fixin.~ and Charging. (a) The Board shall, either upon request or upon its own motion, fix rates and charges which are reason- able and structured so as to insure that the municipal golf course and its related facilities are self-supporting. A schedule of approved rates and charges shall be presented to the Council immediately after their adoption. (b) The Board may amend the schedule of rates and charges after holding a public hearing. If the Council shall decline to act to stay, modify or amend said rates within thirty (30) days of their adoption by the Board, then the Board may forthwith put into effect such rates. (c) The Board may temporarily lower the rates or charges, for a period not to exceed three months, without holding a public hearing and may forthwith put such rates into effect. SECTION II. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. SECTION III. This Ordinance shall take effect immediately upon becoming law. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the ./~ day of.~ ,1981. Mayor, City'of Sebast~fan ATTEST: City 'C 1 e~k I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~;oo~{. , on the ~ day of ~ 1981, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the /~,~ day of .~ , 1981. C4't y~ Ci~fk.