4028-85
ORDINANCE NO. 4020-05
AN ORDINANCE OF THE CITY 01.' CLEARWA'T'ER, FLORIDA,
PROVIDING 'I'i1AT A CER'T'AIN THACI' OP MUNICIPAL REAL
PTIOPE11T'Y SHALL BE DEVELOPED AND MAINTAINED OTHER
THAN IN OPEN SPACE AND PUBLIC UTILI'T'Y, IN CONJUNCTION
WITH THE PROPOSED LXPANSIUN OF THE CLEARWATER
MARINE SCIENCE CEN'T'ER, AND DECLARING THAT SUCH
DEVELOPMENT IS NECESSARY IN THE IN'T'EREST OF THE
PUBLIC HEAL'T'H, SAFETY AND WELFARE OF THE CITIZENS
OF CLEARWA'T'ER; PROVIDING THAT-SUCH CER'T'AIN
MUNICIPAL REAL PROPERTY BE SOLD TO THE CLEARWA`T'ER
MARINE SCIENCE CENTER FOR A SPECIFIED SUM, WHICH
MAY BE LESS THAN THE FAIR MARKET VALUE, AND PRO-
VIDING FOR A REVERTER CLAUSE; PROVIDING FOR A
REFERENDUM ELECTION; PROVIDING FOR PROPER NO'T'ICE
OF PROPOSED ENACTMENT; PROVIDING FOR PUBLICA'T'ION
OF NOTICE OF THE ELECTION; AND'PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE AFTER APPROVAL
AT REFERENDUM.
WHEREAS, the Clearwater Marine Science Center has approached
the City of Clearwater with plans for a proposed expansion of its
facilities on Island Estates; and
WHEREAS, the City of Clearwater, after proper public hearings
and open discussion, has determined that the proposed expansion
of the Clearwater Marine Science Center facility would be in the
best interest of the citizens of Clearwater and represents a
project which the City of Clearwater wishes to encourage;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
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Section 1. That pursuant'to Section 2.01 (d)(5) of the
Charter of the City of Clearwater that the proposed development
of the real property on Island Estates, known colloquially as
Island Estates Wastewater 'T'reatment Plant, more particularly
described as follows:
Commence at t''ie SW corner of Lot 5, Block C,
Island Estates of Clearwater, Unit 5, as
recorded in Plat Book 51, page 34 of the
Public Records of Pinellas County, Florida;
thence northwesterly 60 feet along said Lot
line to P.O.B.; thence southwesterly 207.5
feet; thence northwesterly 482 feet; thence
northeasterly 207.5 feet; thence southeasterly
462 feet along the southerly line of said
Subdivision to the P.O.B.,
for the proposed expansion of the Clearwater Marine Science
Center facilities, which constitutes a development and maintenance
of the said real property other than in open space or public
utility, constitutes a development'which is necessary in the
interest of the public health, safety and welfare of the
citizens of Clearwater. FOR AFFIDAVIT SRE: SIL' ORDINANCE
.
OP.D.? . .,. ...........................-$5
Ord. 4028-85 -1- 9/5/85??ap daUrb
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Section 2. A. That the municipal real property; colloquially
known as inland Estates Wastewater Treatment Plant, and more-particularly
described in Section 1 above:, which has been declared surplus and no
longer needed for public use as provided for in Section 2.01 of the
Charter of the City of Clearwater, shall be sold to the Clearwater
Marine Science Center for the sum of $1.00, payable at closing, said
closing shall take effect simultaneously with the closing of the
mortgage funding to finance the proposed expansion, which sum may be
less than the fair market value of the property.
B. That the conveyance to the Clearwater Marine Science Center
shall contain a reverter clause providing that if any portion of
the lands conveyed herein should ever be used for any purpose other
than a Marine Science Center, not for profit, the title of said lands
shall automatically revert to the City of Clearwater.
Section 3. A. A referendum election for the purpose of
approving the finding of the City Commission as contained in Section
2 A above, and approving the conveyance to the Clearwater Marine
Science Center under the terms as outlined in Section 2 B above,
shall be held at a special municipal election to be conducted on
Tuesday, October 1, 1985.
B. The questions to appear on the referendum ballot shall be,
as follows:
i. Do you approve of the finding of the City Commission
of the City of Clearwater in a duly advertised public
hearing that the development of the following described
real property as proposed by the Clearwater Marine Science
Center is necessary in the interest of the public health,
.p
safety and welfare of the citizens of Clearwater, so that
the property may be developed and maintained other than
in open space and public utilities, subject to a waiver
or amendment by the State of Florida of the reverter
clause in Chapter 11050, Special Acts of Florida, 1925:
Commence at the SW corner of Lot 5, Block C,
Island Estates of Clearwater, Unit 5, as recorded
in Plat Book 51, page 34 of the Public Records
of Pinellas County, Florida; thence northwesterly
60 feet along said Lot line to P.Q.B.; thence
southwesterly 207.5 feet; thence northwesterly 482
feet; thence northeasterly 207.5 feet; thence south-
easterly 482 feet along the southerly line of said
Subdivision to the P.O.B.; also known as Island
Estates Wastewater Treatment Plant?
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fi. Should the City of Clearwater, through the
actions of its duly elected officials be
cmpowered to sell the following described reel
property to the Clearwater Marine Science Center
for the sum of $_I _._4 _, which may be less
than the fair market value of the property, provided
that the Clearwater Marine Science Center must
devote the property solely to the expansion of the
Clearwater Marine Science Center facility, or if it
fails to do so, the property shall revert to the
City of Clearwater, subject to any liens or encum-
brances thereon:
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Commence at the SW corner of Lot 5,
Block C, Island Estates of Clearwater,
Unit 5, as recorded in Plat Book 51,
page 34"of the Public Records of Pinellas
County, Florida; thence northwesterly 60
feet along said Lot line to P.O.B.; thence
southwesterly 207.5 feet; thence north-
westerly 482 feet; thence northeasterly
207.5 feet; thence southeasterly 482 feet
along the southerly line of said Subdivision
to the P.O.B.; also known as Island Estates
Wastewater Treatment Plant?
s.'C. The electronic voting system shall be so arranged
that the voter may vote "Yes" or "No" with respect
to each question.
Section 4. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation
in-accordance with Section 166.041, Florida Statutes.
Section 5, if a majority of the votes cast at such election
in respect to such questions shall be "Yes", such questions shall
be approved.
Section 6. Electronic system ballots shall be used in the
election for absentee voters and shall be in substantially the
form provided in Section 3 above.
Section 7. This ordinance shall be published in full at least
one time by the City Cleric as part of the notice of such referendum
election, which notice shall be headed "Notice of Municipal Referendum
Election". Notice of the referendum election shall be published
in a daily newspaper in general circulation,in the City in the manner
provided in Sectlon 100.342, Florida Statutes.
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Section B. This ordinance slit-ill become effective immediately
upon its final passage; however, the conveyance and use of the
real property described herein are contingent upon ari affirmative
vote of the majority of the electors voting in a referendum on
the issue, and filing with the Secretary of State.
PASSED ON FIRST READING August 15, 1985
PASSED ON SECOND AND FINAL
READING AND ADOPTED September 5,_'1985
T
' AS AMENDED
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,. Attest: '. Mayor-Commission r
Ci .Clerk
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NOTICE OF MUNICIPAL REFERENDUM ELECTION
CITY OF CLEARWATER, FLORIDA`
To Be 11old on Tuesday, October 1, 1985, as
Provided by Ordinance No. 4028-85 of
the City of Clearwater
Notice is hereby given that a municipal referendum election will.
be held in the City of Clearwater, Florida, on Tuesday, October 1,
1985, to determine whether the property kdown as the Island Estates
Wastewater Treatment Plant shall be developed and maintained other
than in open space and public utilities by use in the Clearwater
Marine Science Center expansion of its facilities in accordance
with the finding of the City Commission, and whether such real
property may be sold to the Clearwater Marine Science Center for
such expansion, shall be approved by a majority of the votes
-- cast in the referendum election by the qualified electors-in the
City of Clearwater.
As required by ordinance No, 4028-85, this notice is given by
publishing the foregoing ordinance No. 4028--85 in full as follows:
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