The URL can be used to link to this page

Home My WebLink AboutO-84-12ORDINANCE No. O- AN ORDINANCE Of' THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTIONS 12.5-1, 12.5-2, 12.5~3, 12.5-5; AND REPEALING SECTION 12.5-7 OF THE CODE OF ORDIDNANCES OF THE CITY OF SEBASTIAN, FLORIDA, AND THEREBY ESTABLISHING A NEW ADMINI- STRATIVE DEPARTMENT HEAD TO MANAGE THE SEBASTIAN MUNICIPAL GOLF COURSE AND CHANGING THE GOLF COURSE BOARD OF DIRECTORS FROM A MANAGING BODY TO AN ADVISORY BODY; PROVIDING AN EFFECTIVE DATE. WHERE~g, the City Council of the City of Sebastian desires that the Municipal Golf Course of the City be managed by a sole Administrative Department Head rather than by the Golf Course Board of Directors; and WHEREAS, the City Council desires to change the composition of the said Board of Directors, and make said body an advisory body, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Sebastian, Florida, as follows: SECTION I. That Section 12.5-1 of the existing City Code, which now reads as follows: "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 to play golf, swimming, tennis and other recreational sports at the Sebastian Municipal Golf Course and its premises." is hereby amended to read as follows: "Sec. 12.~-1. Municipal Golf Course. The Sebastian Municipal Golf Course has been established to promote and encourage persons to learn and play golf, swimming, tennis and other recreational sports at the Sebastian Municipal Golf Course and .its premises. The affairs of the Golf Course shall be managed by an Administrative Department Head whose title shall be the "Golf Course Manager". Such office shall be occupied by a person appointed by the City Council and shall have such salary, duties and powers as are from time to time prescribed by the City Council by way of Resolutions." SECTION II. That Section 12.5-2. of the existing City Code, which now reads as follows: "Sec. 12.5~2. Golf Course Board-Generally. 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 th~ Municipal Golf Course." is hereby amended to read as follows: "Sec. 12.5-2. Golf Course Management-Generally. The affairs of the Golf Course shall be managed by the Course Manager, who shall generally be supervised by the Mayor. The Course Manager shall, however, have general supervisory responsibility over the operations of the Golf Course, including promotion, supervision, and discipline of the staff. SECTION III. That Section 12.5~3 of the existing City Code,now reading as follows: "Sec. 12.5-3. Same-Composition; qualifications; terms; etc. (a) Composition. The Board shall be composed of seven (7) regular members and two (2) alternate members, 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 and the alternate shall be residents of the City of Sebastian. (c) Term of Office. Of the regular and alternate directors initially appointed for a term of one year. If possible, two (2) said appointees shall be non-residents of the City. (1) Four (4) directors and one alternate shall be appointed for a term of one year. If possible, two (2) of said appointees shall be non-residents of the City. (2) Three (.3) directors and one alternate shall be appointed for a term of two (2) years. (3) Thereafter, all directors shall be made for a term of two (2) 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 made for the remainder of the unexpired term of office. (e) Removal of Directors. Any director who fails to attend two (2) out of three (.3) successive meetings without cause and without prior approval of the Chairman shall automatically 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 vote of the Council. (f) Compensation. A director of the Board shall serve without compensa- tion, 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." is hereby amended to read as follows: "Sec. 12.5-3. Board-Composition; qualifications; terms; etc. There shall bE a Golf Course Advisory Board: (a) Composition and term. The Board shall be composed of five (5) members and one alternate member, appointed by the City Council to two (2) year terms. Any member may be reappointed to successive terms. (b) Qualifications. Each member shall be a permanent resident of Indian River County or South Brevard County. At least three (.3) members and the alternate shall be residents of the City of Sebastian. (c) Removal and Compensation. Any member of the Board may be removed, with or without cause, by a vote of three members of the City Council. Each member shall serve without compensat.ion, but reasonable expenses may be .reimbursed if authorized by the City Council and approved by the Course Manager and the Mayor." (d) The word "Board" as used in this Chapter shall refer to the "Golf Course Advisory Board". SECTION IV. That Section 12.5-5 of the existing City Code, which now reads as follows: "Sec. 12.5-5. Same-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 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 first 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." is hereby amended to read as follows: "Sec. 12.5-5. Same-Duties. The Board shall have the following advisory duties: (1) To recommend to the Course Manager such rules and regulations as it deems proper in order to conduct the business of the Golf Course and regulate member- ship in and the use of the Golf Course and related facilities. Such rules shall be subject to approval by the City Council by Resolution. (2) To assist the Course Manager in preparing and submitting to the City Council an annual budget for the Golf Course and related facilities. (3) To recommend to the Course Manager 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. Such rates shall be subject to approval by the City Council by Resolution adopted after one (1) public hearing thereon. (4) To assist the Course Manager by advice and recommendations on any other matter related to the Golf Course and related facilities if requested by the Course Manager. (5) To assist the City Council with advice and recommendations on special matters if requested to do so by a majority of City Council members." SECTION V. That Section 12.~7 of the existing City Code, which now reads as follows: "Sec. 12.5-7. Rates; procedure for fixing and changing. (a) The Board shall, either upon request or upon its own motion, fix rates and charges which are reasonab.Ze 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 not to exceed three (3) months, without holding a public hearing and may forthwith put such rates into effect." is hereby repealed. SECTION VI. This Ordinance shall take effect immediately upon final passage by the City Council. I HEREBY CERTIFY that the foregoing Ordinance was finally approved and passed by the City Council of the City of Sebastian, Florida, on the ~!~ day of ~ ~ ~ .... 1984 . yor~ City ~f Sebastian, Florida I HEREBY CERTIFY that Notice of Public Hearing of the foregoin~ Ordinance was published in accordance with Chapter 166.041, Florida Statutes, on ~_~ ~, 1984; and that this Ordinance passed on First Reading on ~ /~ ,~984; and that this Ordinance passed a second and final reading and wa~adopted by the City Council of the City of Sebastian, Florida, on ~~ ! ! 1984. City Clerk (S E A L)