2224
ORDINANCE NO. 2224
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING DREDGING PERMITS FOLLOWING APPROVAL
OF SUCH DREDGING AT A REFERENDUM ELECTION;
PROVIDING FOR THE CALLING OF A REFERENDUM ELECTION
AS PART OF THE GENERAL MUNICIPAL ELECTION TO BE
HELD FEBRUARY 10, 1981, ON THE QUESTION OF SUCH
DREDGING PROJECT; PROVIDING FOR PROPER NOTICE
OF PROPOSED ENACTMENT; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City of Clearwater has developed a plan to locate
a 96 slip marina facility for recreational watercraft on the South side of the
Memorial Causeway in Clearwater, Florida; and
WHEREAS, installation of the marina will necessitatq dredging in
excess of 4, 000 cubic yards of material below mean high water line; and
WHEREAS, Section 2.01 (c) (3) of the Charter of the City of
Clearwater, Florida, requires that prior to the issuance of any dredging
permit where the dredging is not an emergency or maintenance dredging
and is below the mean high water line, that a public hearing he held by the
City Commission and the question be approved at a referendum election; and
WHEREAS, the City Commission of the City of Clearwater, Florida,
has established • public hearing dates for October 2, 1980, and October 16,
1980, to take testimony regarding the proposed dredging;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Authority of this Ordinance. This ordinance is adopted
pursuant to Chcpter 166, Florida Statutes, specifically Section 166. 021,
Florida Statutes, and Section 2.01 (c) (3) of Ordinance No. 1830, and other
applicable provisions of law.
Section 2. Authorization of Pro'ect. That the City of Clearwater,
Florida, proposes to install a 96 slip marina for recreational watercraft
on the South side of Memorial Causeway; that part of such project includes
dredging which will involve in excess of 4, 000 cubic yards of material but
SELF ORDINANCE
All lIi11111....... 1 .................1..•
Ord'.-12224 " 1 " 1J6J80
less than 20, 000 cubic yards of material, such material being below the
mean high water line; that public hearings relating to such dredging project
were conducted on October 2, 1980, and October 16, 1980, and upon approval
by the'voters at a referendum election to be held as provided herein, permits
are hereby authorized to be issued for such project.
Section 3. Referendum Election. A referendum election of the
qualified electors residing in the City is hereby called to be held on
February 10, 1981, to determine whether or not the dredging project, where
in excess of 4, 000 cubic yards of materials are to be dredged from City-owned
bottom land located South of the West end of Memorial Causeway, shall be
approved by such qualified electors.
All qualified electors residing in the City shall be entitled and
permitted to vote in•such referendum election. The places of voting and the
inspectors and clerks for the referendum election shall be designated as
provided by the Code of Ordinances, City of Clearwater, and by applicable
State Law. The polls will be open at the voting places from seven (7) o'clock
A. M. until seven (7) o'clock P.M. on the same day.
Section 4. Official Ballot. The electronic voting system shall be
used at such referendum election and the form of ballot to be used shall be
in substantially the following form:
OFFICIAL BALLOT
City of Clearwater, Florida
Referendum Election February 10, 1981
Shall the City of Clearwater be permitted to dredge leas
than 20, 000 cubic yards of material from City-owned bottom
land located South of the West end of Memorial Causeway
for the purpose of installing a municipal marina facility
for recreational watercraft?
The electronic voting system ballot shall be so arranged that the
voters may vote "For Dredging Project" or "Against Dredging Project"
with respect to the question set out above.
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Section a. Absentee Voting. Paper ballots shall be used at such
election for absentee voting. The form of ballot to be used in the election
for absentee voters shall be in substantially the form provided in Section 4
above.
Section 6. Printing of Ballots. The City Clerk of the City of Clearwater
is authorized and directed to have printed on plain white paper a sufficient
number of the aforesaid ballots for use of absentee electors entitled to cast
such ballots in such referendum election, and shall also have printed sample
ballots and deliver them to the Inspectors and Clerks on or before the date
and time for the opening of the polls for the voting places at which the
electronic voting system ballot is to be used; and further is authorized and
directed to have printed on plain white paper and delivered in accordance
with law the official ballot for use in such electroni' voting system and to
make all appropriate arrangements for the conducting of such referendum
election.
Section 7. The Referendum Election. The referendum election
shall be held at the same time as the municipal general election and
shall be conducted in the manner prescribed by law for holding general
elections. The Inspectors and Clerks at each polling place shall canvass
the vote and make due returns of same without delay to the City Clerk.
Such returns shall show the number of qualified electors who voted at
such referendum election on the proposition and the number of votes
cast respectively for and against approval of such proposition. The
returns of the Inspectors and Clerks shall within twenty-four (24) hours
after the close of the polls, be canvassed by the City Commission of the
City, which shall declare and certify the results of such referendum election.
Section 8. Election Results. If a majority of the votes cast
at such election in respect to the proposition shall be "For Dredging
Project!; such proposition shall be approved.
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Section 9. Notice of Referendum Election. This ordinance shall
be published in full at least one time by the City Clerk as-part of the notice
of such referendum election, which notice shall be headed "Notice of
Dredging' Project for Public Improvement. " Notice of the referendum
election shall be published in a' daily newspaper in general circulation in
the City of Clearwater. The notice to be published shall be published in
accordance with the provisions of Section 100. 342, Florida Statutes.
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Section 10. Seyerabil_ _i!yr. In the event that any word, clause, phrase,
or sentence or paragraph hereof shall be held invalid by any court of competent
jurisdiction, such holding shall not affec} any other word, clause, phrase,
sentence or paragraph hereof.
Section 11. Repealing Clause. All ordinances or other actions taken
by this Commission in conflict or inconsistent herewith are hereby repealed,
insofar as there is conflict or'inconsistency.
Section 12. Notice. 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 13. Effective Date. This ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING October 2, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED ovember 6, 1980
Zayor-ommissioner
Ord. #2224 -4- 11/5/80
NOTICE OF DREDGING PROJECT FOR PUBLIC IMPROVEMENT
CITY OF CLEARWATER, FLORIDA
REFERENDUM ELECTION
To Be Held on Tuesday, February 10, 1981, As
Provided by Ordinance No. 2224, of the City'of
Clearwater, Florida.
Notice is hereby given that a referendum election will be held
in the City of Clearwater, Florida, on Tuesday, February 10, 1981, as
part of the general municipal election, to determine whether or not the
City of Clearwater;' Florida, should be permitted to dredge less than
twenty, thousand (20, 000) cubic yards of material from City-owned bottom
land located South of the West end of Memorial Causeway in Clearwater,
-"1 Florida, as more specifically described and provided in Ordinance No. 2224,
shall at that time,be approved by a, majority of the votes cast in the
referendum election by the qualified electors in the City of Clearwater.
This notice is given by publishing the foregoing Ordinance No. 2224
in full as follows:
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11/6/80