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HomeMy WebLinkAboutO-96-04ORDINANCE NO. 0-96-4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM OF 50 YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING 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 PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. W~EREAS, 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, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to authorize leases of airport property with a maximum term of fifty years; and W~ER~AS, 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. NOW, THeREFORe, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of Referendum No. 4, the existing Section 1.02 (7) of the City Charter of the City of Sebastian, Florida, shall be amended to 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 such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airport; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed fifty (50) years; to prescribe and promulgate reasonable rules and regulations for the 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. An election is hereby called and scheduled to be held on March 12, 1996, 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 qualified electors residing in the City of Sebastian shall participate. Section 3. 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 The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. 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 3 Referendum No. 4: EXTENDING MAXIMUM ALLOWABLE TERM LEASES OF AIRPORT LAND TO 50 YEARS Shall the City of Sebastian amend the City Charter to extend the maximum allowable lease term for airport property from 20 years to 50 years? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member ~.~~ 2,~-- Council Member ~~ vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright ~X-~~ The mayor thereupon declared this Ordinance duly passed and adopted this ay of ~_~_~. , 1996. CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor 4 -- ATTEST: K'athryn ~'. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public he~$ng was held on this Ordinance at 7:00 p.m. on the~_~-d'day of j~.~~ , 1996, and that the following said public ~-a'ring thi~Ordinar~ce Was passed by the City Council. Kathryn. ~.~ O'Halloran, CMC/AAE city~.Cle~k. Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney