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Home My WebLink AboutO-93-21ORDINANCE NO. 0-93-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO ANEND PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO SECTION 1.02 OF THE CITY CHARTER TO DELETE PORTIONS THEREOF WHICH WOULD INTERFERE WITH THE IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION 1.02 OF THE CITY CHARTER; PROVIDING FOR THE DELETION OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5) AND (7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, River County, the City Council of the City of Sebastian, Indian Florida, (the "City Council") has determined that certain revisions should be made to the City Charter in order to delete provisions contained therein which would impair the ability of the City to implement the Master Plan for the Sebastian Municipal Airport which was previously approved by the City Council; and WHEREAS, the city Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOWv THEREFOREv BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section..!. That the existing Section 1.02 of the city Charter of the city of Sebastian, Florida, is hereby amended by deleting the second full paragraph of Paragraph (7) of Section 1.02 in its entirety whereby, hereafter, Paragraph (7) of Section 1.02 shall read as follows: "(7) Airports. To purchase, acquire, take, hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration 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 2 such airports; to provide lounges, eating places, refreshment parlors and other facilitates in connection with such municipal airports; to let or lease to private persons or corporations portions of the said airports for building sites, hangar space, concessions or other uses for a term not to exceed twenty (20) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities." Section 2. That Subparagraphs (7.1), (7.2), (7.3), (7.4), (7.5) and (7.6) of Section 1.02 of the City Charter of the City of Sebastian, Florida, are hereby deleted in their entirety. Section 3. That the existing Section 1.02 of the City Charter of the city of Sebastian, Florida, is hereby amended by deleting the second full paragraph of Paragraph (10) of Section 1.02 in its entirety whereby, hereafter, Paragraph (10) of Section 1.02 shall read as follows: "(~0) Golf course. To acquire, construct, own, and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemnation or otherwise for such purposes any lands within or outside the limits of said city as it may deem necessary or desirable, to charge reasonable admissions, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations for the use and operation thereof." Section 4. An election is hereby called and scheduled to be held on March 8, 1994, to determine whether the revisions to the city Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the residing in the city of Sebastian shall qualified electors participate. Section 5. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: pRECINCT POLLING PLACE Precinct 12 .......................... The Sebastian Community Center 1805 North Central Avenue Precinct 14 .......................... First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 .......................... The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 .......................... Sebastian Elks Lodge No. 2714 731 South Fleming Street Section 6. The purpose of this election shall be to present a referendum issue to the electors of the city of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 1: Amending city Charter to delete provisions interfering with implementation of Sebastian Municipal Airport Master Plan. Shall the City of Sebastian amend Section 1.02 of the city Charter by deleting the second full paragraph of Paragraph (7), deleting Subparagraphs (7.1), (7.2), (7.3), (7.4), (7.5) and (7.6) in their entireties, and deleting the second full paragraph of Paragraph (10), to facilitate the implementation of the Master Plan for the Sebastian Municipal Airport by removing provisions of the City Charter that are in conflict with the provisions of the Master Plan? Yes for Approval No for Rejection Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption. 5 The foregoing Ordinance was moved for adoption by Council Member ~~ . The motion was seconded by Council Member ~/~ '~_~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland K~thrY~e~rk O'Halloran, CMC/AAE City C The Mayor thereupon declared this ordinance duly passed and adopted this ~ day of ~~ ,, 199~. / ~on~ ~.~~ Mayor (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by .State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the /~4L~. day of~c~.A~t~t/~4 , 199~, and that following said public hearing this Ordinance wa~ passed by the City Council. Kathryn ~. O'~alloran, CMC/AAE City Clerk (SEAL) Approve~~orm and Content: Charles Ian Nash, city Attorney