8808-15ORDINANCE NO. 8808-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTIONS 2.01(d)(5)(ii),(vi) and (vii), WHICH
PROVIDE FOR LIMITATIONS ON COUNCIL POWERS
RELATING TO CITY -OWNED REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01(d)(5) of the City Charter be
amended as follows:
Section 2.01. Council; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following limitations:
(5) Real property.
(vi)
Except as otherwise provided herein, real property declared surplus shall be sold
to the party submitting the highest competitive bid above the appraised value
whose bid meets the terms set by the council and whose proposed use of the
property is in accordance with the council's stated purpose for declaring the
property surplus, if any. However, when the property declared surplus is vacated
right of way in which the city owns the fee interest and the vacated right of way is
abutted by a single property owner, no competitive bid shall be required; and the
city may sell the property to the abutting property owner for not less than fair
market value.
No right -of -way or 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 solely for utility
purposes from being vacated, exchanged for a new easement for similar
purposes or from converting a fee interest for utility purposes into an easement
for such purposes.
The council may lease municipal real property for five years or Tess without
declaring it surplus. Municipal real property declared surplus may be leased for a
Ordinance No. 8808 -15
term up to 30 65 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 an initial period of time more than 65 years or a renewal period
exceeding 30 30 years, if approved at referendum, but not to exceed 60 95 years
total..
Section 2. A referendum election is hereby called and will be held on March 15, 2016, 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 15,
2016, shall be as follows:
ELIMINATE COMPETITIVE BID REQUIREMENT FOR SALE OF CERTAIN VACATED
CITY RIGHT OF WAY
Shall Section 2.01(d)(5)(ii), of the City Charter be amended as provided in
Ordinance No. 8808 -15 to allow surplus vacated right of way in which the city
owns the fee interest and which vacated right of way is abutted by a single
property owner, to be sold without competitive bid to the abutting property owner
for not less than fair market value?
YES
NO
VACATION OF UTILTY EASEMENTS
Shall Section 2.01(d)(5)(vi) of the City Charter be amended as provided in
Ordinance No. 8808 -15 to allow the City to vacate utility easements which
terminate at the water's edge where such easement was granted solely for utility
purposes?
YES
NO
LIMITATIONS ON LEASES OF CITY -OWNED REAL PROPERTY
Shall Section 2.01(d)(5)(vii) of the City Charter be amended as provided in
Ordinance No. 8808 -15 to allow surplus city owned real property no longer
needed for municipal purposes to be leased for an initial term of up to 65
years and a renewal period of up to 30 years not to exceed 95 years total
without a referendum and to delete the requirement that leases in industrial
parks contain certain lease restrictions?
YES
NO
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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 15, 2016.
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
NOV 1 8 2015
DEC 11 3 2015
Gt?iort,>< ^ Cry S
George N. Cretekos, Mayor
Approved as to fo m: Attest:
gW2_ e
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
3 Ordinance No. 8808 -15