93-27RESOLUTION No. 93 -27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, TO THE FLORIDA LEGISLATURE,
REQUESTING THE REVOCATION OF THE CHARTER OF THE
CLEARWATER DOWNTOWN DEVELOPMENT BOARD, AND THE
DISSOLUTION OF SAID BOARD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Downtown Development Board was established pursuant
to Chapter 70 -635, Laws of Florida, as subsequently amended, which was converted
to an ordinance of the City by Chapter 77 -637, Laws of Florida; and
WHEREAS, the Clearwater Downtown Development Board is a special district
as defined by Chapter 189, Florida Statutes; and
WHEREAS, Section 189.4043, Florida Statutes, created by general law in
1989, states that the charter of an existing special district may be revoked and
the special district may be dissolved by a special act of the legislature, or by
a resolution of the governing body of the special district; and
WHEREAS, the City Commission finds it appropriate and desirable to revoke
the charter of, and to dissolve, the Clearwater Downtown Development Board; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater, Florida, does
hereby request the Florida Legislature to revoke the charter of the Clearwater
Downtown Development Board, and to dissolve said board, by special act pursuant
to Section 189.4043, Florida Statutes, subject to the approval of the freeholders
not wholly exempt from taxation in the downtown area at a referendum election to
be called for such purpose.
Section 2. Consistent with Chapter 70 -635, Laws of Florida, and with
Section 189.4045, Florida Statutes, the City Commission further requests that the
special act dissolving the Board provide that:
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(1) Upon the effective date of the dissolution, all property of the Board
shall forthwith become the property of the City of Clearwater, subject to the
outstanding obligations of the Board incurred in conformity with the provisions
of the legislation creating the Board.
(2) he City shall use such property to the maximum extent practicable
for effectuating the purposes of the Board, and shall succeed to and exercise
only such powers of the Board as shall be necessary to meet outstanding
obligations of the Board and effect an orderly cessation of its powers and
functions. However, under no circumstances shall the City directly or indirectly
be obligated to pledge or use any of its tax monies to accomplish these
functions.
(3) As used herein, "outstanding obligations of the Board" shall mean
only those obligations outstanding as of April 1, 1993, or incurred pursuant to
agreements in effect as of such date, or incurred subsequent to April 1, 1993,
with the express consent of the'City Commission of the City of Clearwater.
Section 3. This resolution shall take effect immediately upon adoption.
Section 4. The City Clerk shall, upon adoption, distribute copies of this
resolution by mail to the members of the Pinellas County Legislative Delegation
and to the presiding officers of the Florida Senate and House of Representatives.
PASSED AND ADOPTED AS AMENDED this 15f Apri
ey
Attest:
Cyn is E. Cou eau
City Clerk
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