6373-99:o
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ORDINANCE NO. 6373-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01(d) REGARDING LIMITATIONS
ON COMMISSION POWER TO ELIMINATE CHARTER
RESTRICTIONS ON PURCHASING OF GOODS AND
SERVICES; TO INCREASE AMOUNT OF DREDGING
PERMITTED WITHOUT REFERENDUM; TO PERMIT THE
SALE, LEASE OR DONATION OF REAL PROPERTY FOR
LESS THAN APPRAISED VALUE; TO LIMIT LEASES OF
MUNICIPAL PROPERTY TO 30 YEARS; TO ELIMINATE
THE REQUIREMENT OF RECAPTURE AND REVERTER
CLAUSES IN LEASES; MAKING CERTAIN NOW
SUBSTANTIVE CHANGES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. U is hereby proposed that Subsection (d)(2) of Section 2.01 of the
City Charter be amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
(2) The city commission shall by ordinance adopt procedures for the
purchase or rental of goods and services.
bidd9F, seleeteesei i sealed, Y that sweh
e+?= -a lative-maen e F.
Section 2. It is hereby proposed that Subsection (d)(3) of Section 2.01 of the
City Charter be amended as follows:
Ordinance No. 6373-99
?.? Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
(3) With the exception of maintenance or emergency dredging, or aed
dredging relating Felated to that portion of Dunedin Pass located within the
boundaries of the city, permits for dredging or filling in excess of 4-,494
10.000 cubic yards below the mean high water line may be authorized
only after a properly advertised public hearings before the commission
and approval at referendum.
Section 3. It is hereby proposed that Section 2.01(d)(4) of the City Charter be
amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
f4l Real property.
(i) Prior to the sale, lease for a
term; (including options to renew longer than five years, donation
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 commission at an advertised public hearing.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold, donated, leased for a term (including options
to renew) longer than five years, or otherwise transferred to the
party submitting the -hi$
value whose did proposal meets the etheF terms set by the
commission and whose proposed use of will use the property is in
accordance with the commission's stated purpose for declaring the
property surplus, if any.
(iii) Surplus real property may be transferred with or without
consideration to another governmental entity fGF IeGs than the
appfalsed-value after an advertised public hearing has been held
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and a finding by the commission of a valid public purpose for the
transfer.
(iv) Surplus real property may be exchanged for other real property
having an acceptable value as determined
by the commission at an advertised public hearing.
(v) No municipally owned real property identified as recreation/open
space on the city's comprehensive land use plan map as-said plae
existed on November 16, 1989 (or as may be amended thereafter),
may be sold, donated, leased for a new use, or otherwise
transferred without prior approval of the
qualified rs at referendum, except when the commission
determines it is appropriate to dedicate right-of-way from such
propertyies identified- Fer, Such
recreation/open space property may be leased for an existing use,
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi) No right-of-way or easement which terminates at, or provides
access to, the water's edge of either a body of fresh or salt water eF
may be vacated for private the benefit of
mate--Indivi s. Nothing contained in this paragraph shall
prevent an easement for utility purposes from being exchanged for
a new easement for similar purposes or from converting a fee
interest for utility purposes into an easement for such purposes.
?W4 No lease of municipal real property (including options to renew
shall exceed 30 _years. The GeFAFni66i9R has the P9W9F te lease
le
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elause.
revefteFelauses.
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XL6A vii When purchasing real property for whese
sales -pfise-is less than $250,000.00, the commission at-a-mte+
shall obtain an appraisal performed by tie-appF8pHate city staff or
an independent certified appraiser. If the purchase sates price of
such property is equals to or exceeds $250,000.00 but is less than
$500,000.00, the commission shall obtain at least one appraisal by
an independent certified appraiser. If the purchase sales price of
such property equals to or exceeds $500,000.00, the commission
shall obtain at least two appraisals by independent certified
appraisers.
Section 4. A referendum election is hereby called and will be held on March 9,
1999, 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 9, 1999, shall be as follows:
PURCHASING REQUIREMENTS
Shall Section 2.01(d)(2) of the City Charter be amended as provided in
Ordinance 6373-99 to delete a requirement that purchases in excess of
$10,000.00 be competitively bid and that all purchases in excess of
" $25,000.00 be awarded by the Commission, and to provide instead that
the Commission shall adopt an ordinance which provides procedures for
purchase or rental of goods and services?
YES For amendment to City Charter
NO Against amendment to City Charter
DREDGING
Shall Section 2.01(d)(3) of the City Charter be amended as provided in
Ordinance 6373-99 to increase the amount of dredging permitted without
referendum from 4,000 cubic yards to 10,000 cubic yards?
YES For amendment to City Charter
NO Against amendment to City Charter
SALE. LEASE OR TRANSFER OF REAL PROPERTY
Shall Section 2.01(d)(4) of the City Charter be amended as provided in
Ordinance 6373-99 to: permit the sale, lease, exchange or transfer of
municipal real property for less than the appraised value, or allow said
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Ordinance No. 6373-99
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f..-? property to be donated without referendum; restrict a term of any lease of
r municipal real property'to no more than 30 years; delete the requirement
for recapture and reverter clauses in leases, and other nonsubstantive
changes?
YES For amendment to City Charter
NO Against amendment to City Charter
Section 5. 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 9, 1999.
Section 6. 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 fling of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING December 10, 1998
PASSED ON SECOND AND FINAL January 21, 1999
READING AND ADOPTED AS AMENDED Z)_ A
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Approved as to form:
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Pamela K. Akin, City Attorney
Rita Garvey, Mayor-Cor6tnissioner
Attest:
C n hia E. Goudeau, City Clerk
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