7237-03
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ORDINANCE NO. 7237-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTIONS 2.01 (d)(4), 2.01 (d)(5) AND
2.01 (d)(6), WHICH PROVIDES FOR LIMITATIONS ON
COMMISSION POWERS RELATING TO CITY-OWNED REAL
PROPERTY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01 (d) of the City Charter be
amended as follows:
Section 2.01. Commission; composition; powers.
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(d) Limitations. The legislative power provided herein shall have the following limitations:
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(4) With the exception of maintenance or emergency dredging, or dredging
relating to those !Rat portion~ of Dunedin Pass and Stevenson's Creek located within
the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards
below the mean high water line may be authorized only after a properly advertised
public hearing before the commission and approval at referendum.
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(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five years, or
other transfer of any municipal real property, the council must
determine real property must be declared surplus ::md no longer
needed for municipal public use by the commission at an advertised
public hearing that such action serves the public interest. Except in the
case of right-of-way dedications, the granting of easements,
disposition of uneconomic remainders. or as otherwise provided in this
G charter transactions with governmental entities 3S described herein,
no real property may be given away or donated without prior approval
at referendum.
(ii) Except as otherwise provided herein, where the council has
determined that sale of real propertv is in the public interest as
provided in section 2.01 (d)(5)(i) herein. the real property deolarod
surplus shall be sold to the party submitting the highest competitive bid
at or above the appraised value whose bid meets the terms set by the
Ordinance No. 7237-03
commission and whose proposed use of the property is in accordance
with the commission's stated purpose for deokuing the property
surplus, if any.
(iii) Surplus r Real property may be transferred to another governmental
entity for less than the appraised value after a findinQ by the council at
an advertised public hearing that the transfer serves a public purpose
h::ls been held ::lnd a finding by the commission of ::l \'alid public
purpose for the transfer.
(iv) Surplus r Real property may be exchanged for other real property
having a comparable appraised value upon a findinQ of the council at a
public hearinQ that such exchanQe serves the public interest.
(v) The council may donate real property to a non profit orQanization for
the construction of residential units uoon a findina bv the council at a
public hearina that such donation serves a public purpose.
.cw. M No municipally owned real property which was identified as
recreation/open space on the city's comprehensive land use plan map
on November 16, 1989. or at any time thereafter (or as may be
amended thereafter), may be sold, donated, leased for a new use, or
otherwise transferred without prior approval at referendum, except
when the commission determines it appropriate to dedicate right-of-
way from. or easement over. ffem such property. Such
recreation/open space property may be leased for an existing use,
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi!) No right-of-way or public easement which terminates at, or provides
access to, the water's edge of a body of fresh or salt water may be
vacated for private benefit. Nothing contained in this section shall
prevent an easement for utility purposes from being exchanged for a
new easement for similar purposes or from converting a fee interest
for utility purposes into an easement for such purposes.
(vii!) After a findinQ as provided in section 2.01 (d)(5)(i) herein the council
The oommission may lease municipal real property for five ye::lrs or
less v:ithout declaring it surplus. Municipal real property deol::lred
surplus may be leased for a term up to 30 years provided, however,
nothing herein shall preclude renewal of any lease for a maximum of
30 years. Municipal property declared surplus may be leased for ~ aA-
iRitiaI-period of time or a rene'#al period exceeding 30 years., if
approved at referendum, but not to exoeed 60 years total. Leases of
real property in an industrial park shall provide for oontinual use for
pri'/ate/public business purposes, shall provide a reasonable rate of
return on the city's investmont, and shall include a rent escalation
clause. Nothina in this section shall preclude the council from enterinQ
into a new lease with the same tenant upon expiration of a current
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Ordinance No. 7237-03
lease.
(viii) All leases of municipal real. property shall contain recapture and
reverter clauses.
(ix) When purchasing real property for less than $ 500,000.00 250,000.00,
the council oommission shall obtain an appraisal performed by city
staff or independent certified appraiser. If the purchase price of such
property equals or exceeds $ 500.000.00 250,000.00 but is less than $
1.000.000.00 500,000.00, the council commission shall obtain at least
one appraisal by an independent certified appraiser. If the purchase
price of such property equals or exceeds $ 1.000,000.00 500,000.00,
the council oommission shall obtain at least two appraisals by
independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola Avenue,
east of Clearwater Harbor between Drew and Chestnut Streets, being
further described as in Appendix A~
Th3t portion of city owned land bounded on the north by the right of way of Drew
Stroot, on the east by the right of w:JY of Osceol:J ^venuo, on tho south of the
right of way of Piorco Street, :Jnd on the west by the waters of Cloarw:Jtor
Harbor, lying belo~J.' the 28 moan so:J le':el elelJ:Jtion, together with the following
described tract: Beginning at the northeast corner of section 16, township 29
south, r:Jnge 15 east, Pinell:Js County, Florid:J, and run thence 'Nest along the
north line of said section, 1320.0 feet; thence south along the '....est line of the
east one half of the northo:Jst one qU:Jrter of s:Jid section 16, 1526.16 feet to an
intersection \\'ith an easterly projection of the oenterline of Pierce Street; thence
south 89045'00" W along the centerlino of Pierce Street, 418 feet to an iron stake
sot in :J projection of tho VJost Iino of Osceol:J A'Jenue as extended across Pierce
Street; thence south 20 feet :Jlong this projection of the south'Nest corner of the
intersootion of Pierce Street and Osceol:J I\'ienuo; thonoo south 88018'42" 'N
along the south line of Pierce Street, 375 feet to the point of boginning; thenoe
continue south 88018'42" '.Af, 270.89 feet along said south line of Pierce Street
to tho O:Jst right of way line of Piorco Boulevard; thonce south 19024'39" e:Jst
:Jlong aforesaid oast right of ':.Iay :Jlong a curve to the right, chord 157.24 foot,
arc 157.41 feet, radius 980 feet; thence north 88018'46" east, 120.42 feet;
thence north 0014'32" west, 50 feet; thonoe north 88018'42",100 feet; thence
north 0014'32" west, 99.80 feot to the point of beginning less and except th:Jt
portion of the :Jbove described tr:Jct design:Jtod for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly
described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-way, lying
between the east abutment of the west bridge and the east line of Clearwater
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Ordinance No. 7237-03
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Harbor, and the submerged portions of Board of Trustees of the Internal
Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maint:Jined other than as open space and
associated city-owned recreational facilities such as boat slips. docks.
dock master office. amphitheater. and associated appurtenances such as
city-owned parkino facilities. and public utilities together with associ:Jted
:Jppurtenances, except upon a finding by the council commission at a
duly advertised public hearing that such development is necessary in the
interest of the public health, safety and welfare of the citizens of the city
and approval of such finding at referendum, conducted subsequent to the
public hearing. Any such City owned parkino facility. other than surface
parkin!:!. shall be located on a portion of the property south of Cleveland
Street. City O'.vned tennis courts and associ:Jted appurten:Jnoos may be
constructed :Jnd maintained on suoh property south of Cleveland Stroot.
Section 2. A referendum election is hereby called and will be held on March 9, 2004,
at the general city election for the consideration of the voters of the City of Clearwater for
the proposed charter amendments. The questions to appear on the referendum ballot
reflecting the proposed amendment to the charter at the regular municipal election
scheduled for March 9, 2004, shall be as follows:
DREDGING OF STEVENSON'S CREEK
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance No. 7237-03 to exempt Stevenson's Creek from the requirement
that permits for dredging and filling in excess of 10,000 cubic yards below the
mean high water line be authorized only after referendum?
YES
NO
For amendment to City Charter
Against amendment to City Charter
FINDINGS PRIOR TO DISPOSITION OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(i), (ii), (iii), (iv), and (v) of the City Charter be
amended as provided in Ordinance No. 7237-03 require that the Commission
determine at a public hearing that the sale, lease, donation, or other transfer
of municipal real property serves the public interest; and eliminate the
requirement that municipal real property be declared surplus?
YES
NO
For amendment to City Charter
Against amendment to City Charter
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Ordinance No. 7237-03
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EASEMENTS
Shall Section 2.01 (d)(5)(v) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the City to grant easements, in addition to rights-
of-way, over recreation/open space property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DONATION OF REAL PROPERTY
Shall Sections 2.01 (d)(5)(i) and (v) of the City Charter be amended as
provided in Ordinance No. 7237-03 to allow the donation of City-owned real
properties which are uneconomic remainders and to allow the donation of
City-owned real properties to non-profit organizations for the construction of
residential units?
For amendment to City Charter
Against amendment to City Charter
YES
NO
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(vii) and (viii) of the City Charter be amended as
provided in Ordinance No. 7237-03 to clarify the language; require a
referendum for leases which have terms in excess of 30 years; allow leasing
of real property for more than 60 years; and remove the requirement that
leases contain recapture and reverter clauses?
For amendment to City Charter
Against amendment to City Charter
YES
NO
APPRAISALS FOR PURCHASING PROPERTY
Shall Section 2.01 (d)(5)(ix) of the City Charter be amended as provided in
Ordinance 7237-03 to raise the threshold for appraisals when the City
purchases property to require one appraisal if the purchase price is between
$500,000.00 and $1,000,000.00 and two appraisals if the purchase price
exceeds $1,000,000.00.
For amendment to City Charter
Against amendment to City Charter
YES
NO
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Ordinance No. 7237-03
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CITY-OWNED PUBLIC FACILITIES - DOWNTOWN WATERFRONT
Shall Section 2.01 (d)(6) of the City Charter be amended as provided in
Ordinance 7237-03 to allow the construction and operation of city-owned
recreational facilities such as boat slips, docks, dock master's office, and
amphitheater on the City-owned property generally bounded by Drew Street,
Osceola Avenue, Chestnut Street, and Clearwater Harbor and located below
the bluff; and allow the construction of a parking facility on that portion of the
property south of Cleveland Street?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 2004.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING December 4, 2003
PASSED ON SECOND AND FINAL December 18, 2003
READING AND ADOPTED
Approved as to form: Attest:
~Akin, Ci~Attorney ~~#;fc1~
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Ordinance No. 7237-03