7901-07
ORDINANCE NO. 7901-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED
AMENDMENTS TO THE CITY CHARTER AMENDING SECTION
2.01(0)(5); ALLOWING THE DONATION OF CITY-OWNED
REAL PROPERTY FOR WORKFORCE OR AFFORDABLE
HOUSING; DEFINING WORKFORCE OR AFFORDABLE
HOUSING; AMENDING SECTION 2.01 (0)(7), ALLOWING THE
COUNCIL AT A DULY ADVERTISED PUBLIC HEARING TO
GRANT EASEMENTS FOR UNDERGROUND PUBLIC
UTILITIES; 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.
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(d) Limitations. The legislative power provided herein shall have the following
limitations:
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(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five years, or other transfer
of any municipal real property, the real property must be declared surplus and no longer
needed for municipal public use by the council at an advertised public hearing. Except
in the case of right-of-way dedications, the granting of easements, 9f transactions with
governmental entities as described herein, or conveyance for Workforce or Affordable
Housinq no real property may be given away or donated without prior approval at
referendum. Followinq a public hearinq, the City Council may approve the donation or
sale for less than fair market value of city-owned property of not more than one-half
acre in size for workforce or affordable housinq. Workforce or Affordable Housinq
means housinq affordable to persons or families whose total annual income does not
exceed 120 percent of the Area Median Income (AMI), adiusted for household size, as
published by the U.S. Department of Housinq and Urban Development (HUD) for
Pinellas County or metropolitan area.
Section 2. It is hereby proposed that Section 2.01 (d)(7) of the City Charter be
amended as follows:
Section 2.01. Council; composition; powers.
Ordinance No. 7901-07
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(d) Limitations. The legislative power provided herein shall have the following
limitations:
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(7) No city owned real property in the area bounded on the north by Drew Street, on
the east by Osceola Avenue, on the south by Pierce Street, and on the west by the
waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or
used for other than city facilities except upon a finding by the council at a duly
advertised public hearing that such transfer or use is necessary and in the interest of
the public health, safety and welfare of the citizens of the city and the approval of
suchfinding such findinq at referendum; except for that structure known as Harborview
Center, as described in Appendix B.
Which structure may be leased for and used in furtherance of any municipal purpose
consistent with the charter and ordinances of the city.
Additionally, the council at a duly advertised public hearinq, may qrant easements for
underqround utilities.
Section 3. A referendum election is hereby called and will be held on January
29, 2008, 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 January 29, 2008, shall be as follows:
DONATION OF PROPERTY FOR WORKFORCE HOUSING
Shall Section 2.01 (d)(5)(i) of the City Charter relating to limitations on the conveyance
of real property be amended as provided in Ordinance No. 7901-07 to allow the city to
donate real property which does not exceed one-half acre for workforce or affordable
housing which means housing affordable to people and families whose total annual
income does not exceed 120% of the Area Median Income?
YES
NO
GRANTING EASEMENTS FOR UNDERGROUND UTILITIES
Shall Section 2.01 (d)(7) of the City Charter relating to limitations of the conveyance of
real property bounded on the north by Drew Street, the east by Osceola Avenue, the
south by Pierce Street and the west by the water of Clearwater Harbor be amended as
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Ordinance No. 7901-07
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provided in Ordinance No. 7901-07 to allow council to grant easements for underground
utilities?
YES
NO
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 January 29, 2008.
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
November 1, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 15. 2007
~!/.~
'F-rank V. Hibbard (
Mayor
Approved as to form:
Attest:
tit It
Pamela K. Akin
City Attorney
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Ordinance No. 7901-07