HomeMy WebLinkAboutR-86-04A 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 AIRPORT PROPERTIES AS A MUN-
ICIPAL GOLF COURSE AND OTHER OBLIGATIONS REGARDING
THE USE OF THE MUNICIPAL GOLF COURSE.
WHEREAS, The United States of America, by Quit-Claim Deed, dated,
January 29, 1959, granted to the City of Sebastian, 604.44 acres, more
or less, which lands are known as the Sebastian Municipal Airport; And
WHEREAS, The City of Sebastian has spent more than one and one
half million dollars of its money without any monies from the Government
to the United States 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 benefited the Airport
property; And
WHEREAS, The Sebastian Munlclapl Golf Course is a public Recreation
facility open to any person who wishes to utilize the facilities without
exception or qualification; And
WHEREAS, The Sebastian 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
7Municipal 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 (9) (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 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 Funds shall be
paid for the use of the airport property for use as recreational facility.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
-1-
' 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 the
Airport Fund a use fee for the use of the said 154 acres at the
following rate starting for use commencing on December 12, 1981.
1981 - $700.00; 1982 - $34,496; 1983 - $34,49~; 1984 - $34,496;
1985 - $34,496. 'On December 1, 1986, 1991 and every five (5)
years thereafter, the $34,496. use fee shall be adjusted by applying
the consumer price index for the respective increase year and be due
annually, using the December 1, 1981 nation wide consumer price index
as the base. The City shall pay arrerages of $93,684.00 not paid here-
tofore of not less than 10% per year with interest thereon on f~ve (5)
percent per annum commencing on the date of this resolution.
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 July of
1986, 1991 and every five years thereafter the City will compare the base
price index for December oF 1981 and the anBual ~ee paymenta shall be
increased ( or decreased ) On December 1, 1986, 1991, etc. in the same
proportion .as said July index~has increased ( or decreased) with the
price index for Decmeber, 198L. In no event, however, shall the use
fee decrease below the sum of $34,496.00.
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 Golf Course, together with
the right to cause in said airspace such noise as may be inherent in
the operations of aircraft, now know or hereafter used,for the navi-
gation 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 a.~r~port, or otherwise constitute an airport hazard. Clear zones
shall remain clear of any permanent structures and Golf Course activity.
7. The City shall provide police and fire protection and necessary
administrative services to the Sebastian Municipal Airport for no
charge 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 actions
as the United States may direct to enforce this non-discrimination
provision.
-2-
9. The City shall continue to keep the established Airport
Account separate from any other City Funds.
10. 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.
11. This Resolution shall have a term of twenty (2) years with
a right of the City to extend the term hereof for an additional twenty
(20) years, upon approval of the Federal Aviation Administration,
it successors or assigns.
12. After approval hereof by the Federal Aviation Administration,
this Resolution may be.amended only with the express written approval
of the Federal Aviation Adminsitration, its successors or assigns.
THIS RESOLUTION SHALL BECOME EFFECTIVE UPON APPROVAL BY THE FEDERAL
AVIATION ADMINISTRATION AND ADOPTION BY THE CITY COUNCIL.
THIS RESOLUTION was passed and adopted by the City Council of
the City of Sebastian, Florida, on the ~ day of ~..~, 1986.
CITY OF SEBASTIA]~ ,~
~,l'm Gallagher, M~yor
ATTEST:
Approved as to form and legal
sufficiency:
Thomas C. Palmer
City Attorney
Approved by the Federal Aviation
Administration:
By:
Title:
Date:
-3-