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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