5161-91
ORDINANCE NO. 5161-91
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CHARTER OF THE CITY; PROPOSING AN
AMENDMENT TO SECTION 2.01(D)(5) OF THE CITY CHARTER,
RELATING TO THE ALLOWABLE USES OF MUNICIPAL OR OTHER
PUBLIC PROPERTY LYING WEST OF OSCEOLA AVENUE, EAST OF
CLEARWATER HARBOR, BETWEEN DREW AND CHESTNUT STREETS,
AND MUNICIPAL OR OTHER PUBLIC PROPERTY CONSTITUTING THE
MEMORIAL CAUSEWAY OR LANDS IMMEDIATELY CONTIGUOUS
THERETO, TO PROVIDE THAT SUCH PROPERTY LYING SOUTH OF
CLEVELAND STREET MAY BE USED FOR. CITY-OWNED TENNIS
COURTS AND ASSOCIATED APPURTENANCES, IN ADDITION TO OPEN
SPACE AND PUBLIC UTILITIES AS IS NOW PROVIDED; PROVIDING
FOR A SPECIAL ELECTION TO BE HELD ON MARCH 10, 1992, IN
CONJUNCTION WITH THE REGULAR CITY ELECTION IN ORDER TO,
SUBMIT THE PROPOSED CITY CHARTER AMENDMENT TO THE
VOTERS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Paragraph (5) of Subsection (d) of Section 2.01 of the City
Charter is amended to read:
ARTICLE II. LEGISLATIVE
Section 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(5) No municipal or other public real property lying West of Oscerila
Avenue, East of Clearwater Harbor between Drew and Chestnut Streets, being
further described as:
?• That portion of City owned land bounded on the North by the right-
of-way of Drew Street, on the East by the right-of-way of Osceola
Avenue, on the South of the right-of-way of Pierce Street, and on
the West by the waters of Clearwater Harbor, lying below the 28 Mean
Sea Level elevation, together with the following described tract:
Beginning at the NE corner of Section 16, Township 29 South, Range
15 East, Pinellas County, Florida, and run thence West along the
North line of said Section, 1320.0 feet; thence South along the West
line of the East 1/2 of the NE 1/4 of said Section 16, 1526.16 feet
to an intersection with an Easterly projection of the centerline of
Pierce Street; thence S 89°45'00" W along the centerline of Pierce
Street, 418 feet to an iron stake set in a projection of the West
line of Osceola Avenue as extended across Pierce Street; thence
South 20 feet along this projection of the SW corner of the
intersection of Pierce Street and Osceola Avenue; thence S 88°18'42"
W along the South line of Pierce Street, 375 feet to the P.O.B.;
thence continue S 88°18'42" W, 270.89 feet along said South line of
roll
Pierce Street to the East right-of-way line of Pierce Boulevard;
thence S 19°24'39'" E along aforesaid East right-of-way along a curve
to the right, Chord 157.24.feet, Arc 157.41 feet, Radius 980 feet;
thence N 88°18'46" E, 120.42 feet; thence N 0°14'32" W, 50 feet;
thence N 88°18'42", 100 feet; thence N 0°14'32" W, 99.80 feet to the
P.O.B. LESS AND EXCEPT that portion of the above described tract
designated for the Bandsheil 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 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 maintained other than as -iq+ open space and public utilities
together with associated appurtenances, except upon a finding by the 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 a referendum, conducted subsequent to the public
hearing. However, city-owned tennis courts and associated appurtenances may be
constructed and maintained on such ro ert south of Cleveland Street.
Section 2. The amendment proposed by this ordinance shall take effect upon
the approval thereof by the voters of the City. A special election for such
purpose shall be conducted on Tuesday, March 10, 1992, in conjunction with the
regular election of.the City, and the proposed amendment shall be deemed approved
upon the affirmative vote of a majority of the voters of the city voting at that
time upon the following ballot question:
CITY OF CLEARWATER, FLORIDA
CITY CHARTER AMENDMENT
The City Charter limits the use of municipal and other public
property below the 28-foot elevation line, hest of Osceola Avenue,
East of Clearwater Harbor, between Drew and Chestnut Streets, and
the Memorial Causeway or lands contiguous thereto, to open space and
2
/G/--y'/
a .„rr:t""'??4'?'4'w'.?•..,? .,...M.u?..h..ac.?.yyr,.?.y;? ,.. s? ?°*f' ?.' ?*'s?? `'S?T'? trre;ti,.
"?' ;f'S '?s': r,ss ?2t;.Y i,:y. i1'?7 ,'t ?. ?t visa.. ?,?77='i•?.5?';?,.? ?yy?(:•
R
i
public utilities. Ordinance 5161-91 proposes to amend the City
Charter to allow city-owned tennis courts and associated
appurtenances on such property south of Cleveland Street. Shall
this amendment be approved?
Yes (for amendment)
No (against amendment)
Section 3. This ordinance shall take effect immediately upon adoption,
except that the amendment proposed by Section 1 shall take effect when f i led with
the Florida Department of State, if approved by the voters of the City as
provided in Section 2.
PASSED ON FIRST READING AS AMENDED December 19, 1991
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED January 2, 1992
Rita uarvey
Mayor-Commissioner
Attest:
Cant is E. Gou eau
City Clerk
Approved as to form
and correctness:
.r
M. A. Galbra'thI Jr.
City Attorne
3
5-161- 91
.:¦
a