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HomeMy WebLinkAboutO-96-32ORDIN CE NO. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ~LLOW~BLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) 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 OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 Florida Statutes (F.S.) 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 for approval; and WHEREAS, the City Council of the City of Sebastian, Florida, "City Council" has determined that certain amendments should be made to the city Charter in order to increase the maximum allowable lease term for leases of airport property from twenty (20) years to forty (40) years; and WHEREAS, the City Council has decided to submit the proposed amendment to the City Charter to the electors of the City of Sebastian, pursuant to Section 166.031 F.S. NOW, THEREFORE, BE IT ORDAINED by the city Council of the city of Sebastian, as follows: Section 1. That upon passage of Referendum No.2 by the electors of the City, Article I, Section 1.02 of the City Charter hereby amended as follows: Sec. 1.02 Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, 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 2 parlors and other facilities in connection with such municipal airport; to let or lease to private persons or corporation portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed forty (40) years; to prescribe and promulgate rules and regulations for the operation; to accept and receive grants from the state and federal government 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 11, 1997, to determine whether the above referenced amendment to the City Charter will be approved majority of the votes cast in such election, in which the qualified electors residing in the City shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, in the regular election, as determined by applicable provisions of Florida law, which are currently as follows: 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 ~2714 731 South Fleming Street The polls shall open at such voting places on March ll, 1997, 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. All Ordinances or parts of Ordinances of the City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 5. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. 8ectlon 6. The purpose of this election is to present a referendum to the electors of the City of Sebastian concerning proposed amendments to the City Charter. The ballot shall be substantially in the following form: CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 2: EXTENDING MAXIMUM ALLOWABLE TERM LEASES OF AIRPORT LAND FROM 20 TO 40 YEARS Shall the City of Sebastian amend the City Charter to extend the maximum allowable lease term for airport property from 20 years to 40 years? Yes for Approval No for Rejection Section 7. This Ordinance shall go into effect immediately upon its passage and adoption by the electorate. The foregoing Ordinance was moved for adoption by Councilmember ~. t?i~ ~' ~[ r~...,~ /~ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Hal loran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance ~uly passed and adopted this .~. day of ~.¥~/;y~ , 1996. CITY OF SEBASTIAN, FLORIDA -L6uise R. Cartw~ig~, Mayor (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney 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 day of , 1996, and that following said public hearing this o~dinance was passed by the City Council. Deputy City Clerk 6