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Home My WebLink AboutR-88-16RESOLUTION NO. R-88-16 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PRO- VIDING FOR THE HOLDING OF A REFERENDUM BY VOTER PETITION ON THE 8TH DAY OF MARCH, 1988, ON A PROPOSED AMENDMENT TO PARAGRAPH 7 OF SECTION 1.02 OF THE CITY CHARTER AND THEREBY PROHIBITING THE CITY FROM DOING CERTAIN SPECIFIED CAPITAL PROJECTS AT THE SEBASTIAN MUNICIPAL AIRPORT UNLESS ANY SUCH ACTION OR ACTIONS ARE FIRST AUTHORIZED BY A REFERENDUM ELECTION; DESIGNATING THE POLLING PLACES, THE FORM OF THE OFFICIAL BALLOT, THE MANNER OF CONDUCTING THE ELECTION; PROVIDING FOR THE RETURN AND CANVASSING THE ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, more than ten (10%) of the electors of the City of Sebastian, Florida, have submitted petitions to the Council requesting that the Council submit to the electors of the City a proposed amendment to the Charter of the City; and WHEREAS, the Council desires to comply with said petitioners and the requirements of Section 166.031, Florida Statutes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTIQN ~ The following Referendum Question shall be placed on the Official Ballot for the City of Sebastian election of March 8, 1988: OFFICIAL BALLOT CITY OF SEBASTIAN REFERENDUM (RESTRICTIONS AT SEBASTIAN MUNICIPAL AIRPORT) Shall the City Charter be amended so that Sebastian Municipal Airport capital projects specified in the proposed amendment must henceforth be approved by the voters at referendum elections before such projects can be implemented? If you FAVOR the proposed restrictions at the Sebastian Municipal Airport... VOTE ........... FOR AMENDMENT ........ If you are AGAINST the proposed restrictions at the Sebastian Municipal Airport... VOTE ........... AGAINST AMENDMENT ..... SECTION II The full text of the proposed Charter Amendment is as follows, which shall be added at the end of Paragraph 7 of Section 1.02: "Unless specifically authorized to do so at one or more local referendum elections, the City of Sebastian shall not at the Sebastian Municipal Airport directly or indirectly; lengthen or relocate any runway; construct any new runway, new taxiway, or any airport terminal; allow a control tower; install any additional taxiway or runway lights, except lights on the existing primary runway (designated as 4-22); or install any navigational aid or instrumentation for the primary purpose of promoting or accomodating jet aircraft traffic; provided that, any act or acts mandated by Federal or State law or regulations thereunder, or by the deed of January 29, 1959 transferring the airport to the City, or by any lease agreement at the Sebastian Municipal Airport as such lease reads on March 8, 1988, shall not be subject to the foregoing restrictions." SECTION Iii The proposed amendment to Paragraph 7 of Section 1.02 of the City Charter will accomplish the following: unless further vote approval is obtained by referendum the City shall not: (a) Lengthen or relocate any runway, (b) Construct any new runway or new taxiway, (c) Construct any airport terminal, (d) Allow any control tower, install any additional runway lights or taxiway lights ~ on primary runway 4-22, or, (e) Install any navigational aid or instrumentation for the primary p_u~pose of promoting or accomodating jet aircraft traffic. SECTIQN IV This proposed Charter amendment does not prohibit any act except those acts listed above in Section III. SECTION The proposed Charter amendment does not prohibit any of the specified acts if any act must be performed because such act is required by any of the following items: (a) Florida laws or Florida regulations. (b) Laws or regulations of the United States. 2 (c) Any term or condition of the Quit-Claim Deed from the United States of America by and through the Administrator of General Services to the City of Sebastian, dated January 29, 1959. (d) Any contractual obligation in any existing lease at the Sebastian Airport or any such lease reads on March 8, 1988. SECTION VI The polling places, which shall be open from 7:00 a.m. to 7:00 p.m. on March 8, 1988, are as follows: 1. ~1i~ ~. 1805 North Central Avenue. 2. ~ B_~ ~. 123 Thunderbird Drive. 3. Sebastian Lakes Clubho.~se. 1101 Fellsmere Road. SECTION VII If a majority of the electors voting on this referendum vote for the proposed amendment to the City Charter as herein stated, the City Clerk shall file the amendment with the Florida Department of State and the charter change shall become effective as amended herein. If the proposed amendment is not passed by a majority of the voters who vote in the said election on this ballot question, then the charter shall not be amended and paragraph 7 of Section 1.02 shall not,be changed by this election. SECTION VIII The City Clerk is hereby instructed to cause two (2) notices of this election to be published pursuant to Section 100.342, Florida Statutes; to cause the ballot to be printed; to acquire the needed ballots for the voting machines and absentee ballots; to request the Registration Officer to deliver the registration books to the election inspectors appointed to conduct the election; to receive the returns and canvass the election officials and immediately publish the result of this referendum question. The City Clerk shall also provide instructions for the guidance of voters in preparing their ballots and to perform other acts in order to conduct the said election. SECTION IX The manner of balloting in this election shall be by the use of voting machines and absentee ballots. The City Clerk is hereby directed to secure the use of such voting machines as necessary to conduct this election from the Board of County Commissioners of Indian River County, Florida, and is further authorized to acquire the good services of the Supervisor of Elections of Indian River County, Florida, Mrs. Ann Robinson, for the purpose of preparing and supervising the voting machines prior to and during the election, including necessary deputies, deputy custodians and officers to properly and legally conduct such election and to provide all needed supplies, machines, and forms for the holding of this election. SECTION X This Resolution shall be effective on the 13th day of CITY OF SEBA~STI~3~N, FLORIDA by: L. Gene ~arrls, Mayor Kathry~ M. O'Halloran, CMC,AAE City Clerk _..-'January, 1988. I HEREBY CERTIFY that the foregoing Resolution on the calling of a referendum on the question of placing restrictions on specified capital improvement projects at the Sebastian Municipal Airport was duly passed by the City Council of the City of Sebastian, Florida, on the i$~ day of January, 1988, by a vote of ~_.. votes for passage of this Resolution and ~T~ votes against passage of this Resolution, by the following vote: Mayor Harris Vice Mayor Roth Councilman Vallone Councilman McCarthy Councilman Metcalf KathryhM. O'Halloran, CMC/AAE City Clerk Approved as to form and legalf suffi~ie~:~ ~i~y Attorney 4