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Home My WebLink AboutR-86-04A A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPHS ll AND I2 OF RESOLUTION R-86-4, AND OBLIGATINC THE SEBASTIAN MU~_~IPAL ~?LF COURSE TO PAY AN ANNUAL USE FEE TO THE M~.~CIPA.~_._~!RPORT ...... ACCOUNT FOR THE USE 0.~_A_IRp_~RT P~.0PERTIE~ AS A MUN= ICIPAL GOLF COURSE. AND__OTHER OBLIGATIONS REGAR.p!NG THE USE OF THE MUNICIPAL GOLF COURSE. WHEREAS, The United S~ate$ of America, by Quit-Claim Deed, dated, January 29, 1959, granted to the City of Sebastian, 604.46 acres, more or less, which lands are known as the Sebastian Nunicipal 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 Nunictpal Golf Course has directly and indirectly greatly benefited th~ Airport property; And WHEREAS, The Sebastian MUnlclpal_Golf Course is a publlc Rec~eation facility open to any person who wt~hes to utilize the f&ciliti~s without axception or qualification; And WHEREAS, The Sebastian Nunl¢ipal Golf Coursa is run exclusively by the City of Sebastian, and there la no private enterprise thereonl And, WHEREAS, All revenues to pay for all e~pensaa at the Sebastian 'Municipal Golf Course come only from the collection of fees ~rom the users of the Golf Course and without recourse from the genet&l funds of the City; And WHEREAS, Paragraph 6 of t'he Quit-Claim Deed of janu&ry 29, 1959, and sub-paragraph (9) (2) (A), of Title ~O, App. §1622. of the United States Code, provides that the Sebastian Nuniclpal 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 p~operty 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 l f4 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 - $34,496; 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 five (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 indexrhas increased ( or decreased) with the price index for Decmeber, 1981. In no' event, however, shall the use fee decrease below the sum of $34,496.00. 4. The City reserves unto itself, its successons, 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 use~]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 air.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 Couse. 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, up. on execution of a letter of concurrence or letter of no objection from the Federal Aviation Administration, its successors or assigns. 12. This Resolution may be amended only with a letter of concurrence or a letter of no objection from the Federal Aviation Administration, its successors or assigns. THIS RESOLUTION SHALL BECOME EFFECTIVE UPON FINAL ADOPTION BY THE CITY COUNCIL; A LETTER OF NO OBJECTION FROM THE FEDERAL AVIATION ADMiNISTRATiON DATED FEBRUARY 5, 1986 IS ATTACHED. THIS RESOLUTION was passed and adopted by the City Council of the City of Sebastian, Florida, on the /~ day of ~,1986. ! CITY OF SEBASTIA~f ~m Gallagher;~' l~hyor ATTEST: Deborah C. Krag'es, City Cl~r~ Approved as to form and legal sufficiency: Thomas C. Palmer City Attorney -3- DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Orlando Airports District Office 4100 Tradecenter Street Orlando, Florida 32812 FEB 5 lg86 r' ' FIVEDFEB- 7 1986 Honorable Jim 'Gallag!ler Mayor, City of Sebastian Post Office Box 127 Sebastian, Florida 32958-0127 Dear Mayor Gallagher: Thank you for your letter of January 21, 1986, transmitting Resolution #R-86-4 on the proposed Lease Agreement between Sebastian Municipal Airport and the City of Sebastian Municipal Golf Course as eXecuted by the City on January 15, 1986. We have reviewed the resolution and find no objections to the same as long as fair market value is obtai~:i::i by tile Airport. As we indicated in our letter of January lO, 1986, to Mr. John Van Antwerp, it would be inappropriate for FAA to formally execute by signature approval of a local government resolution on the resolution itself. This "letter of no objection" is the Jocument we indicated we could provide and is the standard procei~ur~, 1~e are incl~di~'~g the resolution as an attachmen.t to this letter. Mayor Gallagher, ,~e look Forward to working ~ith you For' ~.he continued development of your airport. If you have any questions requiring our assistance, please (;all me at (305) 648-6583. Sincerely, ( ~//~ia nager ' Enclosure