Loading...
HomeMy WebLinkAboutR-84-42RESOLUTION NO..~,..~-~Z- A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OBLIGATING THE SEBASTIAN MUNICIPAL GOLF COURSE TO PAY AN ANNUAL USE FEE TO THE MUNICIPAL AIRPORT ACCOUNT FOR THE USE OF AiR~I' PROPERTY AS A MUNICIPAL GOLF COURSE AND OTHER OBLIGATIONS REGARDING THE USE OF THE MUNICIPAL GOLF COURSE: THIS RESOLUTION SHALL BE A BINDING AGREEMENT WITH THE FEDERAL AVIATION ADMIN- ISTRATION UPON APPROVAL BY THE FEDERAL AVIATION ADMINISTRATION. WHEREAS, The United States of America, by Quit-Claim Deed, dated, January 29, 1959, granted to the City of Sebastian, Florida, 604.44 acres, more or less, which lands are known as the Sebastian Municipal Airport; and, WHEREAS, The City of Sebastian has spent more that one and one-half million dollars of its money without any monies from the Government of the United S-hates or the State of Florida, to make improvements 'to approximately 154 acres of the said Airport in the development of the Sebastian Municipal Golf Course; and, WHEREAS, The development of the said 154 acres as a Municipal Golf Course has directly and indirectly greatly benefitted the Airport property; and, WHEREAS, The Sebastian .~m{.cipal Golf Course is a public Recre- ationai facility open to any person who wishes to utilize the facilities without exception or qualification, and; WHEREAS, The Municipal Golf Course is run exclusively by the City of Sebastian, and there is no private enterprise thereon; and WHEREAS, all revenues to pay for all expenses at the Sebastian Municipal Golf Course come only from the collection of fees from the users of the Golf Course, and without recourse from the general funds of the City; and, WHEREAS, Paragraph 6 of the Quit-Claim Deed of January 29, 1959, and sub-paragraph (g)(2)(A), of Title 50, App.~1622, of the United States Code, provides that the Sebastian Municipal Airport shall not be used for other than airport purposes without the written consent of the Administrator of the Federal Aviation Agency, which consent shall be granted after the Administrator finds that such property can be so used for other than airport purposes without materially and adversely affecting the development, improvement, operation or maintenance of the airport; and WHEREAS, in view of the foregoing, the Airport fund shall be paid for the use of the airport property for use as a recreational facility, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, AS FOLLOWS: 1. The City of Sebastian, Florida, shall utilize the existing 154 acres of the Municipal Airport as the Sebastian Municipal Golf Course and related recreational facilities open to all persons. 2. The City of Sebastian Municipal Golf Course shall pay to the Airport fund a use fee for the use of the said 154 acres at the rate of fifteen thousand dollars per year for the first five years, starting for use commencing on December 12, 1981. The City shall pay arrearages of use fees not paid heretofore as soon as practicable in accordance with sound fiscal policy. 3. The City recognizes that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In 1986, 1991, and every five years thereafter the City will compare the price index for 1981 and the annual use fee payments shall be increased (or decreased) in the same proportion as said index has increased (or decreased) with the price index for 1981. 4. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property used as the Sebastian Municipal Cour. se~ together with the right to cause in said airspace such noise as may be inherent in the operations of aircraft, now known or hereafter used, for the navigation of or flight in the said airspace, and for the use of said airspace for landing on, taking off from or operating on the airport. 5. The City shall restrict the height of structures, objects of natural growth and other obstructions to such a height so as to comply with Federal Aviation Regulation, Part 77. 6. The City shall not use the said 154 acres for any use which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 7. The City shall provide police and fire protection and necessary administrative services to the Sebastian Municipal Airport for no charge --2-- as an additional use fee which is in addition to the cash payments that the Golf Course shall remit to the Airport Fund. 8. The City shall not on the grounds of race, color or national origin discriminate nor permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. The City shall take such action as the United States may direct to enforce this non-discrim- ination provision. 9. All of the provisions of the Quit-Claim deed of January 29, 1959 pertain to the said 154 acres used as the Sebastian Municipal Golf Course. 10. Upon approval of this RESOLUTION by the Federal Aviation Administration, this Resolution shall be a binding agreement between the City of Sebastian, Florida, and said agency of the United States Government. 11. This Resolution shall have a term of twenty (20) years, with a right of the City to extend the term hereof for an additional twenty (20) years, upon approval of the Federal Aviation Agency, its successor or assigns. 12. After approval hereof by the Federal Aviation Agency, this resolution may be amended only with the express written approval of the Federal Aviation Agency, its successors or assigns. THIS RESOLUTION SHALL BECOME EFFECTIVE UPON APPROVAL BY THE FEDERAL AVIATION AGENCY. THIS RESOLUTION was passed and adopted by the City Council of The City of Sebastian, Florida, on the /~ day of November, 1984. ATTEST: j-f~ 'Debroah Krages, City~:~erk Approved as to form and legal sufficiency: Thomas C. Palmer City Attorney C IT~F ,SEBAS~AN, FL~IDA BY: ~~~'~-- - ¢ llaghe Mayor Approved by the Federal Aviation Administration by; Tit le: Date: