5691-94 ORDINANCE N.O. 1-
AN ORDINANCE ,O; 3 HE CITY OF CLEr�R��,RTER, FLORIDA,
SUBMITTING TO THE CITE' ELECTORS PROPOSED AMENDMENTS TO
THE CITY CHARTER WHICH PROPOSES TO AMEND THE CHARTER BY
AMtNDTN!S THE POPPERS OF THE ,CITY COMMISSION REGARDING THE
PURCHASE AND LEASE '01F REAL PROPERTY; ' AMENDING THE
PURCHASING 'AUTHORITY OF THE CITY MANAGER; ESTABLISHING
TERM LIMITS FOR ANY SINGLE ELECTED OFFICIAL;
ESf ABLISHING A PROCEDURE FOR CITY COMMISSION APPROVAL OF
CERTAIN NON-BUDGETED EXPENDITURES;, PROVIDING FOR A
REFERENDUM ELECTION!; AND PROVIDING' FOR AN EFFECTIVE
DATE.!
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER., FILORIDA,
THAT:
Section 1. It is hereby proposed that Section 2.01(d)(2) of the City,
Charter be amen' de'd ,as follows:
v
Section 2.01. �+nr�issidn° eom as�¢,tia�a� o ie rs.
i
(d) Limitations. The legislative power 'provided herein shall h�ve the
follow in'g limitations:
(? All` purchases in excess of $10,,000.00 shall be awarded to the lowest,
responsive and res=ponsible bidder, selected after receiving sealed, :compotitive
bids from no Des's than three c{ulified var�dors whenever practical ,�bvided
however that' such purchases that are in excess of $25,000, sha 1 be awarded b
the commission. No contract or purchase which is subject to the regui `ements
imposed 'by this paragraph may be split or otherwise awarded in a cum lative
manner.
Section 2. It is hereby proposed that Section 2.01�d)(4) of the City
Charter be amended as follows:
(4) -s_p*4pe-F . Pr i or to the sale donation or ether transfer or
to the lease' for a term longer than #w- five years of any municipal rea1
propertyy, the real property, must be declared surplus and,-no longer neelded fear
mun#cipa pub'lic `use by the commission at an advertised public hearing., Except
in the case of right-of-way or easements 'or transactions with governmental
entities as described 'herein, no real property may be given away or (donated
without prior approval of, the qualified voters of the city at referendum.
Real property dec ared',surplus may only be sold to the party submitting the
highest competitive bid above the appraised value, except where the real property
is proposed to be transferred tq another governmental entity. Surplus real
property may be transferred to another governmental entity for less than the
appraised value after an advertised public hearing has been held and a finding
by the commission of a valid public purpose for the transfer.
Sur=plus reat property may be }exchanged for other real property ��aving a
comparable, appra'seci value.
t F
l ,�
No
i
►vo run i c i pa 1 l y owned real property, ef th6 G,P
esme e — i Ye,;; identified as recreation/open space on tyre c,s ty°s
comprehensive land use plan map as said plan existed on November? 1 . 1279 (Ior as.
may added to` hereafter) , may be &p e� sold leased or conveVe__ p moo'
another entity without prior, approval of the qualified voters at referendum,.
except when the comrni ss i on determines it is appropriate to dedicate right- G -way
from properties 'identified as recreation/open space.
� ° No right-of-way or easement which terminatl s at,
or
provides access to, the Water' s edge of either a body of Sal,t eater or sa body
of fresh water may.' be vacated for the benefit of private individuals Nothing
contained in thi=s paragraph shall prevent an easement for utility purposes from
being exchanged ;fora new easement for similar, purposes or from convertingla fee
interest for utility purposes into an easement for such purposes.
The commission com iss,`.on has the power to lease munij pal'
real property for 'tom five years or less without declaring it surplus.
Municipal real property declared surplus may be leased for -f 15,�a term
up to 30 years- vided, however nothing herein shall preclude renewal of an
lease for a maximuom of 30 years. Municipal property declared surplus nt _be
leased for an in itEl period of tine or a renewal period exceedinra 30�, s if
approved 'at reffererwdum� but not to exceed _60 years to—al. Leases of real
)roperty In an industrial park shall provide for continual use for private/MRIES is business purposes Rnd shall provide a reasonable rate of return on the
investment includi o a rent escalation clause.
TvA,.r+r 4 12 -in
nrnn,nri✓a rtt as Sin ib , n 2v-�- v-si� rrr[ -sue rn
+hn nsamrmirc r�i��^'Trnv���- Ta °fdyer � n.tabl -r ,
lnased fir � ��n��.i ns �-'i*.n �vr 2(1 n�rc -,nr +neio� �� rr�$®ncl
4- ��G-P� �.!� -a�3�g-,�-arm-�-- ,
--t �- 5�--�' °�"� 5--s�,�,:^r'-Iv°�.`r�",s+o
4 a n�
All leases; of municipal real,;prooerty shall contain recapture and re)erter,
clauses.
: Section 3.! ,I it is hereby proposed that Section...: 2.01(d'� �'6) of th.,I; City
Charter be created to read as follows:
Section 201'. Commission; composition; powers.
(d; Lienitat°ions. The legislative power provided herein shal`i have the
following limitations:
An noi-tiudaeted ex e�nditure in excess of $5 mi Ilion must be approved
bv the commission n two seoarate sessions held at least two weeks apart and an
advertised notice of a Dublic,hearina must be Oven at least five days prior to
the second session.
Section 4. It is hereby proposed that Section 2.01(d) (4) of the City
Charter be amended as follows:
2 0 Co iee4nr r+rwerrenne��°qnn+ nne.ecv+c
Section, r. .+u sweep j. oeoru� , eun-,. FJ Vrrce .a.
2
G
_a 'v . ed herein ' shat have the
(d (�imn �ations. The 3eg�s � _.te pe. prov id
following limitations:
L44I Reall Pry e
Prior to the sale or to the lease for a terra
longer than thrOelyrears of any municipal real property, the real ,property, must
` be declared surplus and no loner needed for public use by the �ommassior; at an
advertised public hearing. Except in the case of right -of-way or, easements or
transactions with ,goverrnmental entities as described herein, no' real property may
be given away ar donated without prior approval of the qualified voters of the,
city at referenidu'
ass otherwise row v'i ded herein rea 1 'prover declared pro 1 us
shahl be sold to!wlahe oart :submittno the highest competitive bid' above the
a raised value wlhe�se bid meets the other terms set by the commission and who
will use the ,oroperty in accordance with the commission' s stated .purpose for
declaring the rty surldsL if any.
is red to zrre'i.&b+'nti._1S.nr=nv.mm�ni• •1 nrv���-.r
.. i c-rra–i —u�'r�-rrrs y .
i
i i Surd p lius real property may be tra
nsf erred to another govern mental
entity for less, gran the appraised value after an advertised public hear '>ng has
been held and ra fend=ing by 'the commission' of a valid, public 'purpose for the
tranasfer.
i v Soap l;u s re a 7 property may be exchanged for other rea 1 property having
a comparable appraised value:
4
Nomulnicipally ®wined real property as of the date the revised ohartr
becomes effectivre, identified as recreation/open space on the city' s
comprehensive lah5l use'. plan map (or as may, be added to hereafter) , may be
disposed of without prior approval of 'the qualified voters at referendum, except
when the commission determines ' it is appropriate to dedicate right-of-w y from
s reereation/o en space.
properties ider�t1fied a p A
v 1 � 9, -yedc�y--®r—G'�'� mo^+rte. KQ right-of-way , Qr, Basement which
terminates at, �or provides access to, the water' s edge of either a body of salt
water or a body of fresh water may be vacated for the benefit of private
individuals: Nothing contained in this paragraph shall prevent an easement for
utility purposes frrom being exchanged for a new easement for similar,purposes or,
from converting a fee interest for utility purposes into an easement for such
purposes.
The commission has the power to lease
municipal reap prc� ;erty for three years or less without declaring it surplus<,
Municipal real `': Derty declared surplus may be leased for a maximum of 15 years.
Industtia11park property may be leased up to 30 years with an affirmative
vote of four-fifth's of the commission after a duly advertised public' hearing add
3
d5
r ,
may be leased fc►r a,,p�.r7od of time -exd... .;�i�ng .�0 years if approved :at referendum. :.
Leases of.real property in an i'ndustr iA park shall provide for .continual use for
private business p €rpose and shal °= °ide a reasonable rate of return on the
city's investment, including a rent escalation clause.'
vifli All leas'es ,of municipal real property shall contain recapture.
and reverter clauses.
ix ! The commission when purchasing r°a! �pert� whose 'sales price is
less than 250,d00a0Q at a minimum shall obtain an, appraisal formed b� ' the
approiate citW s1Ffr If the sales price of such proe'rtys equal o or
exceeds $250 ,OWbutl is less than $500,000, t'he Cosnmiss:ion shall obtain at lea
one a st
isal b�,ar?!independent certified appraiser. if the saleirice of such
property is epuaI to or exceeds $500,000. the commission shall obtain at least
two appraisals by iandependent 'certified appraisers.'
I � ;
Section 5.1 1t is'hereby proposed that Section 2.03 of the City Charter be
amended as followsu
Section 2.03. Election and terms.
All
commissioners including then oraco�nmissioner shall be elected for
terms of three years,. Terms shall, overlap with the mayor`-commissioner and two
commissioners elected one year', and the additional two commissioners elected the
Following yeas
A person shad not serve more than six consecutive veers as a � ccit`v'
Commissioner after Lwh ich such person shall not hold any city commission seat
other than ma o c6jyrnissioner.m for a minimum of three years,
A -person 'shall not serve more than six consecutive years as ma or-
commissioner af ter Iwhich such person shall not serve as mayor-commission r or
hold any city commi-ssion seat for a minimum of three years.
Newly elected +commissioners shall take office and be sworn in. on the first .
Thursda y in April .
, r
Section 6: { A referendum election is hereby called and will be held on the
8th.day, of 'Novemb'er„ 1994, at a special municipal election, for the consideration
by the voters of: the City of 'Clearwater of the proposed Amended' Charter. The
questions to appear on the referendum ballot reflecting the proposed amendments
to the Charter at t;he special election scheduled for November 8, 1994, shall be
as follows':
CITY MANAGER'S PURCHASING AUTHORITY
Shall Section `2.01(d) (2,) of the City Charter be amended as provided in
Ordinance 569144 to change ; the : City "tanager' s purchasing authority from,
$10,000.00 to $25,000.00, while still requiring competitive bidding for purchases
exceeding $10,000.00
4
V
YES - For amendment to City Charter
NO Aga'�nst amendment to City Charter
II
CITE';COMMISSION'S AUTHORITY TO DONATE AND LEASE
REAL PROPERTY
Shall Section 2.01(d)(4) of the Charter be amended as provided in Section
2 of Ord i nance 559144 to require the commission to declare real property surplus
at a public heari=ng before donating or otherwise transf=erring it and to � Ilow
the commission to' lease property for up to 5 years without Aeclaring it surplus,
and if declared surplus, for terms up to 30 years, not exceeding 60 years t(�tal ,
urn less approved at ref=erendum, but riot to exceed 60 gears total?
YES For amendment to City Charter
NO - _ Against amendment to City Charter
�
CITY GO aSsoNa s AUTHORITY, TO APPROVE
HON-BUDGETED EXPENDITURES
x
Shall Section '2.01(`d)(5) of the City Charter be created as provided in
Ordinanceb91 -94 to'requ re two public hearings before the commission approves
a non-budgeted ezpe' diture in excess, of $5 million?
YES For amendment to City Charter
NO - Against amendment to City Charter
CITY COMMISSION' S A.3HORT TY T� PU RCHASE
RGHASL
REAL PROPERTY
Shall Sectf n' 2.Oi(d)(4) of the Charter be amended as provided in Section
4 of Ordinance 569144 to require that the commission obtain an appraisal before
purchasing real property, requiring an independent certified appraisal if[ the
sales price exceeds $250,,000, but is less than $500,000, and 2 indeperident
certified appraisals :if the sales price exceeds $50 ,000 and to provide that real
property declared surplus be sold to the highest bidder meeting terms set the
commission?
YES For amendment: to City Charter
NO r Against amendment '°to City Charter
v
CITY COMMISSION TERM -LIMITS :
Shall Section 2.03 of the City Charter be amended as provided in Ordinance
5691-94 to 'limit this I L erm of office of any single' elected official to no more
5
{
i
f
than 6 consecutivIe years as Commissioner and no more than 6 consecutive years as
Mayor-Commissioner commencing with the date of the nest election for each
Commi s i o
YES For amendment to City; Charter
NQ Against amendment to 'C.`i ty Charter
Section 1 The City Clerk is directed to notify the Pinellas County
Supervisor , of Elections that the referendum items , provided above well be
considered at the election to be held 'on Ncuember 8, 1994.
Section 8. This ordinance shall take effect immediately !upon its assage
and adoption. ' The amendments to t`he. City Charter provided for herein; sh,al l take
effect only upon, 'approval of a majority of the City electors voting at the,
referendums election on these issues and upon! the filing of the Amended hatter
wi.t the Secretary of. State.
PASSED ON FIRST READING Date. S'eptember< 1, 1994
PASSED ON SECOND 'AND FINAL TREADING Date: S ptember 15 , 1994.
AND ADOPTE6SAS -AMENDED �
r I ;
J i
R TA GARVEY, Mayor-COmm�mmtis' i n r
APPR ED AS T ; K AND LEGAL SUFFICIENCY: Attest:
` II
f
AL S. ZINC ET, erimn City Attorney CYN IA E. GDIIDEAIJ, City ;Clot '
i
I
I
i
i
I
u I