CONTRACT FOR CONDUCTING MUNICIPAL ELECTION SPECIAL REFERENDUM ELECTION - NOVEMBER 5, 2013CONTRACT FOR CONDUCTING MUNICIPAL ELECTION
CITY OF CLEARWATER SPECIAL REFERENDUM ELECTION, November 5, 2013
WHEREAS, the City of Clearwater has requested the assistance of the Office of the County
Supervisor of Elections (Supervisor) in conducting its Referendum Election; and
WHEREAS, the Supervisor is agreeable to providing such assistance to the City subject to the
following conditions, considerations and agreements arrived at between the parties;
IT IS HEREBY AGREED AS FOLLOWS:
GENERAL PROVISIONS
The election is to be conducted under any applicable ordinances of the City and all sections of
Chapters 97 -106, Florida Statutes ( "F.S.) (the State Election Code). The City is responsible for all legal
notices. It is understood that the Supervisor is in charge of the election, and that the County Canvassing
Board is responsible for canvassing the election (no cost to the City). The City may have a designated
representative in the canvassing board room. This designee may only serve in an "observer" capacity
and may not participate in the canvassing of the election. The County Canvassing Board will determine
whether a recount is required and advise the City. The County Canvassing Board will certify the election
results and will provide a certificate of election and a conduct of election report to the City (ONE
certificate of election and conduct of election report will include all elections held on the same day).
These documents will be provided to the City after the County Canvassing Board certifies the official
election results.
The Post - Election Audit may not begin until the Canvassing Board has certified the official election
results. The City is responsible for the costs associated with conducting an annexation election
(mapping annexation areas, reassigning addresses, and mailing new voter registration cards). The City
is responsible for the costs associated with any legal action or contest of election arising from this
election. The City, the Supervisor of Elections and the County Canvassing Board agree that the County
Attorney's Office will represent the Supervisor of Elections and County Canvassing Board in any legal
action concerning the canvass or certification of the election.
It is understood that the provisions of this contract are based on current state law, and if any changes in
election law should occur during the period of this agreement, those changes will supersede the terms of
this contract where applicable. If a runoff election is mandated by the results of this election, the City
Clerk shall notify the Supervisor of Elections within 24 hours of receiving official election results. The
City is responsible for the costs associated with conducting a runoff election.
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The City will provide the Supervisor with the City definition /boundaries (which includes ALL
current annexations) no later than 5:00 p.m., August 27, 2013. It is the responsibility of the City
to ensure the Supervisor has the current definition /boundary information so all eligible voters
can participate in the City's election. The City agrees that NO changes to the City
definition /boundaries will be made effective between 5:00 p.m., August 27, 2013, and Midnight,
November 5, 2013.
This contract must be signed by the City and received by the Supervisor no later than the ballot
language deadline of 5 p.m., August 27, 2013.
The Supervisor will certify to the City the number of registered voters for this election
approximately ten days prior to the election.
SPECIAL PROVISIONS
CITY CLERK: Rosemarie CaII
PHONE: (727) 562 -4092
FAX: (727) 562 -4086
ELECTION DAY CELL PHONE: (727) 224 -2351
ADDRESS: 112 Osceola Ave., Clearwater, FL 33756
(The City Clerk MUST be available from 6 a.m. to 7:30 p.m. on Election Day)
ELECTION INFORMATION
o ELECTION TITLE: Referendum Election
o VOTER REGISTRATION DEADLINE: October 7, 2013
BALLOT INFORMATION (Scott Kirby 464- 6641):
o Final Ballot Language is due no later than 5:00 p.m., August 27, 2013 and must include
all candidates and resolutions and /or ordinances with ballot questions.
• All ballot language must comply with [F.S. 101.161(1)] and the Uniform Ballot Rule
(1S-2.032).
• Using the Ballot Language Submittal Forms — Complete required information.
Include information and Candidate Oaths for ONLY qualified opposed candidates
in ballot order, and all Charter Amendments /Referendum Questions with
SIGNED /APPROVED Ordinances /Resolutions including numbering for ballot
order.
• Scan and Email ballot language in ballot order to Scott Kirby at
skirbv@votepinellas.com by the final ballot language deadline.
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BALLOT LAYOUT /PRINTING (Marc Gillette 464 - 4958):
o The Supervisor is responsible for creating the ballot (ballot layout will comply with Florida
Statutes and the Uniform Ballot Rule).
o The City is responsible for approving the City's ballot.
o Precinct ballots will be printed by the Supervisor; the Supervisor will bill the City 22 cents
per ballot card (includes shipping charges).
o Provisional Ballots (minimum of 25 ballots per precinct) will be printed by the Supervisor;
the Supervisor will bill the City 22 cents per ballot card.
o If the City requires a ballot change after ballots are printed, the City is responsible for
additional costs.
CANDIDATE AUDIO RECORDING (Scott Kirby 464- 6641):
o If candidates want to provide an audio recording of their names for the audio ballot, they
must call (727) 453 -3293; a voice message will prompt the candidate to record his /her
name as indicated on the Candidate Oath and the office for which the candidate is
running. The deadline for candidates to record their names and office titles for the audio
ballot is 5:00 p.m., September 13, 2013. It is the responsibility of the City to notify City
candidates of this deadline.
MAIL /ABSENTEE BALLOTS (Martin Munro 464- 6788):
o The Supervisor will bill the City 90 cents for each mail /absentee ballot kit used in initial
mailing.
o The Supervisor will bill the City $1.30 for each mail /absentee ballot kit used for daily mailing.
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o The deadline for mailing military/overseas ballots is September 21, 2013; at least 45
days prior to the election [F.S. 101.62(4)(a)].
o Tentative Mailing Schedule for military/overseas ballots is the week of September 16•
2013, no later than September 21, 2013.
o Mailing Schedule for domestic ballots will begin no earlier than Oct. 1, 2013 and no
later than October 8, 2013 [F.S 101.62(4)(b)].
o After the initial mailings, ballots will be mailed daily as requests are received up to the
fourth day prior to the election.
o The City will provide voting assistance in assisted living facilities and nursing homes, if
requested, per F.S. 101.655.
o Duplicate and Test Ballots will be printed by the Supervisor; the Supervisor will bill the
City 40 cents per ballot card.
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LEGAL NOTICES (Nancy Whitlock 464- 7493):
o The City is responsible for ALL legal notices required by State Statute and by City
Charter /Ordinance, with the exception of the County Canvassing Board Meeting/Testing
Schedule.
o The Supervisor will publish the County Canvassing Board Meeting/Testing Schedule at
no cost to the City.
o The Supervisor will provide the City a County Canvassing Board Meeting/Testing
Schedule, Polling Place list, Polling Place Change list and Sample Ballot.
POLLING PLACES (Karen Key 464- 6110):
o Supervisor will select and contract with polling places.
o Supervisor will pay polling places and will bill the City.
o Cost for Modem Line activation /installation ($184.00 per line), will be the responsibility of
the City. The Supervisor is responsible for coordinating activation /installation with vendor
and will bill the City.
o The Supervisor will give each Precinct Clerk a cell phone to use Election Day.
o If polling place changes are needed, the Supervisor will notify the City in writing,
listing the precincts and polling location changes by October 4, 2013
(at least 30 days prior to the election).
POLLING PLACE CHANGE NOTICES (Marc Gillette 464- 4958):
o If notices are needed, the Supervisor will provide the names and addresses of the
affected voters to the vendor ( ) one per voter / (v`one per household.
o The City will be responsible for making all necessary arrangements with the vendor to
have the notices printed and mailed, including notice design. The Supervisor will only be
responsible for proofing live samples of the voter name (if applicable), household
address, precinct number and polling place information.
o Notices must be mailed by October 22, 2013 (at least 14 days prior to the election). The
City pays the vendor directly. The City is responsible for publishing any polling place
changes in a newspaper of general circulation [F.S. 101.71(2)].
POLL WATCHERS (Scott Kirby 464- 6641):
o Precinct poll watcher designations for Election Day must be submitted to the City by
October 22, 2013 (PRIOR TO NOON on the second Tuesday preceding Election IDay
[F.S. 101.131(2)]). The City will fax or scan and email a list of names along with all poll
watcher designation forms to Scott Kirby at (727) 453 -3239 or skirby @votepinellas.com
by 5 p.m. October 23, 2013 and the Supervisor will verify whether they are Pinellas
County registered voters.
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o The Supervisor will furnish a list of approved poll watchers to the City by 5 p.m. October
29. 2013 (on or before the Tuesday before Election Day [F.S. 101.131(2)]).
o The City shall provide to each designated poll watcher, no later than seven days before
the election, a poll watcher identification badge that identifies the poll watcher by name.
Each poll watcher must wear his or her identification badge while in the polling room [F.S.
101.131(5)]. The supervisor will provide the city with a name badge template.
OVER - THE - COUNTER BALLOT PICKUP (Martin Munro 464- 6788):
o In- office ballot pickup will be available in each of the Supervisor of Elections locations,
Monday through Friday from 8:00 am until 5:00 pm (no holidays) beginning at least 45
days prior to the date of the election. The Supervisor will bill the City 80 cents for each
over - the - counter ballot kit.
o The City, pursuant to F.S. 101.657(1)(e), has opted out of conducting early voting.
VOTING EQUIPMENT AND SUPPLIES (Ken Lanphar 464- 6788):
o The Supervisor will contract with a moving company to transport the voting equipment
and supplies to and from polling locations. Cost is the responsibility of the City and will be
billed by the Supervisor.
o Supplies not transported by the moving company will be picked up by the precinct clerks
after Clerks' Class at the Election Service Center.
o Supervisor will contract to have precinct registers for Election Day printed by a vendor
and will bill the city.
POLL WORKERS (Wendy Grimes 464- 5709):
o The Supervisor will designate, assign, and train ALL poll workers. A Deputy Sheriff will
deputize the poll deputies.
o Cost is the responsibility of the City. The Supervisor will bill the City.
o Poll workers setting up the voting machines the day before the election will be paid an
additional $15 each. Precinct Clerks and Machine Managers will be paid an
additional $15 for clerk supply and memory stick/ballot dropoff on election night.
The rates below include these costs.
o Poll Workers that are unable to work election day but attended class(es) will be
compensated $10 per class attended.
Rates for poll workers are:
Precinct Clerk
Machine Manager
Asst. Clerk
Ballot Distribution Mgr
Inspector
Poll Deputy
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$ 190+$ 30classes+$ 15EquipmentSetup +$15CIerkDropZone =$250
$ 150+$ 10class +$15EquipmentSetup +$15MM Return Site 4190
$150 + $10 per class (2) = $170
$135 + $10 per class (1) _ $145
$115 + $10 per class (1) _ $125
$115 + $10 per class (1) _ $125
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PROVISIONAL BALLOTS (Martin Munro 464- 6788):
o The Supervisor will research each provisional ballot to determine the voter's eligibility and
will present the provisional ballots to the County Canvassing Board for decision. Voters
casting a provisional ballot have two days after Election Day to provide written proof of
eligibility to the County Canvassing Board. The deadline for this election is November 7�
2013 at 5 p.m. [F.S. 101.048]. All provisional ballots will be canvassed at the Election
Service Center.
CANVASSING MAIL/ABSENTEE BALLOTS (Martin Munro 464- 6788):
o The Supervisor, in the presence of the County Canvassing Board, will open and prepare
mail /absentee ballots for tabulation at the Election Service Center. Questionable ballots
will be presented to the County Canvassing Board for decision. Florida Statute 101.68(2)
allows for the canvassing of mail /absentee ballots to begin no earlier than 15 days prior to
the election. The canvassing board /testing schedule reflects ALL possible meeting days.
The Canvassing Board will modify the schedule as needed based on the number of
mail /absentee ballots received. Updates to the canvassing board schedule will be posted
to the Supervisor's Web site.
o The Supervisor will publish the Canvassing Board /Testing Schedule at no cost to
the City.
TESTING THE BALLOT COUNTING EQUIPMENT (Marc Gillette 464- 4958):
o The Canvassing Board will certify test results of the ballot counting equipment and file the
election parameters with the Division of Elections. All tests will be performed at the
Election Service Center, 13001 Starkey Road, Largo.
DATE
MEETING TIME
ACTIVITY
October 16, 2013
9:00 a.m.
Pre - election test of precinct optical scan equipment and
absentee /provisional ballot optical scan equipment [F.S. 101.5612]
October 30, 2013
9:00 a.m.
Second test of absentee /provisional ballot optical scan equipment
[F.S. 101.5612]; Canvass mail /absentee ballots (no earlier than 15"'
day prior to election) [F.S. 101.68(2)]
October 31 —
November 4, 2013
9:00 a.m.
Canvass mail /absentee ballots [F.S. 101.68(2)] (Meetings If
Necessary)
November 5, 2013
9:00 a.m.
Canvass mail /absentee ballots [F.S. 101.68(2)]
7:00 p.m.
Election Day processing
Release unofficial results (does not include provisional ballots)
November 6-
November 7, 2013
9:00 a.m.
Canvass provisional ballots [F.S. 101.048] (Meetings If Necessary)
November 8, 2013
9:00 a.m.
Canvass provisional ballots [F.S. 101.048]; Post - Election Test
absentee /provisional ballot optical scan equipment [F.S. 101.5612];
Certify Official Election Returns; Conduct of Election Report; Post -
Election Manual Audit
November 9 -
November 13 , 2013
9:00 a.m.
(Meetings if Necessary)
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ELECTION NIGHT PROCEDURE (Nancy Whitlock 464 - 7493):,
o The Supervisor will have unofficial election results modemed from the polling places to
the Election Service Center.
o The Supervisor will have the Precinct Scanner Memory Sticks, voted precinct and
provisional ballots, and election supplies transported to the Election Service Center.
o Results will be released throughout the night and posted to the Supervisor's Web site
(www.votepinellas.com). The Supervisor will provide unofficial results on election night.
o Campaign Signs — If candidates wish to reuse their campaign signs left at the polls on
Election Day, the signs must be collected by campaign staff prior to poll workers
removing and disposing of them after the polls close.
AFTER ELECTION DAY (Nancy Whitlock 464- 7493):
o Provisional ballots will be canvassed. All ballots accepted by the County Canvassing
Board will be processed and added to the election night results to produce Official
Election Results. Provisional ballots cannot be rejected until after the deadline for
provisional voters to provide written proof of eligibility [F.S. 101.048].
o The County Canvassing Board will certify the election results and will provide a certificate
of election and a conduct of election report to the City (ONE certificate of election and
conduct of election report will include all elections held on the same day). These
documents will be provided to the City via email after the County Canvassing Board
certifies the official election results.
o The County Canvassing Board will conduct a post - election audit in accordance with F.S.
101.591 and Division of Elections administrative rule 1S-5.026. The Supervisor will post
the required post - election audit notices to the Supervisor's Web site and at each elections
office. The Supervisor will provide a copy of the notices via email to the City to post at
City Hall (and Web site, if applicable). The Supervisor will post the final post - election
audit report to the Supervisor's Web site and will provide to the City a copy of the report,
via email, to post to City Web site, if applicable, after the County Canvassing Board
completes the audit.
o Election materials will remain sealed at the Election Service Center for ten days after
certification of the election. The City will then be notified and given ten days to contact
Ken Lanphar (464 -6788) and pick up all election materials.
DATA PROCESSING ORDERS (Nicole Sokolowski 464- 4958):
o City and candidates place orders directly with the Data Center staff. Data processing
information can be found on the Supervisor's website under the "Statistics" tab.
o City has requested and will be billed for the voter list on CD -ROM within ten days
following Voter Registration Deadline.
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VOTER HISTORY (Nicole Sokolowski 464- 4958):
o When voter history is completed, the City will be provided with the names of those who
voted. Information to be provided on CD Rom.
ELECTION COSTS (Lori Sullivan 464- 6108):
o In addition to specific costs noted in this contract, the City will pay an administration fee of
40 cents per registered voter; the minimum charge is $400.
o The City will be responsible for any costs associated with conducting machine and
manual recounts.
By affixing their signatures hereto, the parties acknowledge each to the other that they
have full authority to enter into this Contract.
APPROVED:
(:)A,
ARK
Superviso Elections
Pinellas County, Florida
DATED:
APPROVED AS TO FORM:
-g2
ac...
JEVWHITE
Man g Assistant County Attorney
APPROVED:
Lc
Print Name Rosemarie Call
Municipal Clerk
City of Clearwater
DATED: Q(AiLi.`�,�3
APPROVED AS TO FORM:
Print Name
Attorney
DATED: l �} (� DATED:
03/20/1 3 S K
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BALLOT LANGUAGE FORM
MUNICIPALITY: CITY OF CLEARWATER
SUBMITTED BY: ROSEMARIE CALL, CITY CLERK
DATE OF ELECTION: NOVEMBER 5, 2013
QUESTION
• Number of Proposed Charter Amendment(s): 1
• Number of Proposed Annexation Question(s): 0
NO. 1
CHARTER AMENDMENT
Lease of City Hall Property and Abutting City Property to Clearwater Marine Aquarium
Shall the Clearwater City Charter be amended by adding Section 2.01(d)(8) to allow the
City to negotiate and enter into a lease with the Clearwater Marine Aquarium, Inc. for
the construction, operation and maintenance of an aquarium on City owned property,
located west of Osceola Avenue, east of the unimproved Pierce Boulevard right -of -way,
north of Pierce Street and south of Cleveland St., for a 60 year term all as described in
Ordinance 8418 -13?
ORDINANCE NO. 8418-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2013; SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CLEARWATER CITY
CHARTER TO CREATE A NEW SECTION 2.01(d)(8)
FOR THE PURPOSE OF AUTHORIZING THE CITY TO
NEGOTIATE AND ENTER INTO A LEASE FOR A TERM
NOT TO EXCEED 6 0 YEARS WITH THE CLEARWATER
MARINE AQUARIUM FOR THE CONSTRUCTION OF AN
AQUARIUM AND ASSOCIATED IMPROVEMENTS ON CERTAIN
MUNICIPALLY OWNED REAL PROPERTY LOCATED IN THE
DOWNTOWN, GENERALLY: WEST OF OSCEOLA AVENUE,
EAST OF THE UNIMPROVED PIERCE BOULEVARD RIGHT -OF-
WAY BETWEEN CLEVELAND STREET AND PIERCE STREET;
PROVIDING FOR A REFERENDUM ELECTION TO BE PAID FOR
BY THE CLEARWATER MARINE AQUARIUM; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Clearwater Marine Aquarium, Inc. (CMA) is a 501(c)(3) not for
profit corporation located in Clearwater, Florida; and
WHEREAS, it is CMA's mission to preserve our marine life and environment
while inspiring the human spirit through leadership in education, research, rescue,
rehabilitation, and release; and
WHEREAS, since the 1970s CMA has provided Clearwater with a permanent
marine biology learning center focused on preservation, rehabilitation, and education
regarding marine life; and
WHEREAS, in 1978 the City of Clearwater donated CMA's current location, a
former water treatment plant on Island Estates, to provide space for CMA to accomplish
its mission; and
WHEREAS, today, CMA is an internationally respected center for animal care,
public education and marine research; and
WHEREAS, in 2010 the major motion picture Dolphin Tale was filmed and
produced in Clearwater telling the story of Winter to millions of people across the world;
and
WHEREAS, an economic impact study completed by the University of South
Florida, St. Petersburg College of Business estimated Dolphin Tale will make between a
$2.1 and $4.9 billion dollar impact on the economy of Clearwater, St. Petersburg, and
Pinellas County; and
Ordinance No. 8418 -13
WHEREAS, the University of South Florida study reported that 72.7% of tourists
visiting CMA are not related to the tourists visiting Clearwater but rather are exclusively
related to the movie - induced tourism generated by the Dolphin Tale movie; and
WHEREAS, CMA's location on Island Estates and Winter's Dolphin Tale
Adventure (WDTA) located in downtown's Harborview Center are major tourism
attractions for the City of Clearwater; and
WHEREAS, In 2012 CMA attracted approximately 750,000 visitors to its Island
Estates location and more than 300,000 of these visited WDTA in downtown
Clearwater; and
WHEREAS, the City plans to demolish the Harborview Center on the Bluff which
currently houses WDTA so that the location can be used for other public uses; and
WHEREAS, CMA has outgrown its current facilities and needs to build a new
facility in order to accomplish its mission of marine mammal and marine animal rescue
and public education relating to environmental issues;
WHEREAS, Island Estates is a primarily residential community and the footprint
of CMA's Island Estates location is limited and cannot contain WDTA should
Harborview Center be demolished; and,
WHEREAS, on March 5, 2013, CMA made a presentation to the City Council
proposing the current City Hall location and associated property below the bluff as the
location of a new Clearwater Aquarium with the current Island Estates facility being
retained for rescue and rehabilitation purposes; and
WHEREAS, a new Clearwater Aquarium in downtown Clearwater may assist the
City achieving its long term plans for redeveloping and revitalizing its downtown; and
WHEREAS, the City of Clearwater has incorporated within its comprehensive
plan, a future land use element requiring that redevelopment activities be sensitive to
the City's waterfront and promote public access to the City's waterfront resources, and a
coastal management element encouraging the preservation of recreational and
commercial working waterfronts, marinas, and other water - dependent facilities; and
WHEREAS, the new CMA downtown Clearwater facility would house the primary
tourism and education components of the CMA mission, including the dolphins Winter
and Hope as well as other resident animals; and
WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations,
contains certain limitations on the legislative power of the City Council; and
2
Ordinance No. 8418 -13
WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property,
contains certain restrictions on the Council's authority to sell, donate or otherwise
transfer City owned real property; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(i) provides that
property must be declared surplus prior to the sale, lease or donation for a term of
longer than five years; and
WHEREAS, the Clearwater City Charter Section 2.01(d )(5)(v) prohibits the lease
of property which is identified as recreation /open space on the City's
Comprehensive Land Use Plan without prior approval at referendum; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vi) prohibits
vacating of any right -of -way or easement which provides access to the water's
edge for a private benefit; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vii) prohibits the
lease of property for an initial term of more than 30 years and a renewal of more than
30 years without a referendum, and limits total lease for a period not to exceed 60
years; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(viii) requires
recapture and reverter clauses on leases of municipal property; and
WHEREAS, the Clearwater City Charter Section 2.01(d) (6) prohibits the
development or maintenance for other than as open space and public utilities of
certain property lying below the 28 -foot mean sea level elevation of Osceola Avenue
on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut
Street on the south, and the Memorial Causeway without a referendum; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property
bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street
on the south, and Clearwater Harbor on the west, and prohibits the lease, sale,
donation or use of the property for other than City facilities without a referendum; and
WHEREAS, the proposed Plan is attached hereto as Exhibit B; and
WHEREAS, CMA has purchased the parcel south of the current City Hall site
as a good faith expression of its intent to fulfill the Plan; and
WHEREAS, it is the intent that any lease between the City and CMA will fund
the costs of the development of a replacement City Hall; and
WHEREAS, The City Council has determined that it is in the public interest and
in furtherance of the general welfare of the citizens of Clearwater to promote
3 Ordinance No. 8418 -13
redevelopment and tourism by amending the Charter to permit the city to enter
into a 60 year lease of the property generally referred to as the City Hall property
generally located west of Osceola Ave., east of the unimproved Pierce Boulevard right -
of -way, south of Cleveland St. and north of Pierce St, ( "City Property ") more
particularly described in Exhibit "A" attached hereto, with the CMA for redevelopment
as an aquarium; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated
herein as findings of the City Council.
Section 2. In furtherance of the implementation of the project described or
identified in the Plan proposed by CMA, it is hereby proposed that Section
2.01(d) of the City Charter be amended to add a new Subsection (8) as
follows:
Section 2.01 Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(8) Notwithstanding and as an exception to anything contained in
section 2.01 (d)(5),(6) and (7) herein, the City Council is authorized to:
(a) Negotiate and enter into a ground lease with the Clearwater Marine
Aquarium for an initial term of not to exceed 60 years for redevelopment of certain
municipally owned real property in the Downtown generally described as generally Ivinq
west of Osceola Ave., east of the unimproved Pierce Boulevard right -of -way, south of
Cleveland St. and north of Pierce St, as more specifically described in Appendix C. for
compensation to be determined by City Council which may be less than fair market
value, for the purpose of construction, operation and maintenance of an aquarium as
specifically described herein.
(b) Negotiate and enter into a lease allowing the construction, operation and
maintenance of an Aquarium which shall not exceed 250,000 square feet and may
include the following components: Exhibit space including exhibit space for traveling
exhibits: Animal hospital including Surgical Suite and medical laboratory; Water Quality
laboratory; Classrooms and Community rooms; Food and catering facilities; Theaters;
Laundry facilities; Retail /Gift shop; Administrative offices: Video /film production
facilities: Mechanical space i.e. chiller, boiler, power generation; Chemical storage
4 Ordinance No. 8418 -13
rooms, dry and liquid; Life Support equipment rooms i.e. filters. pumps, ozonators,
backwash recovery systems, water storage; Saltwater pumping station; Driveways,
Delivery and loading and unloading zone. Pick -up /drop -off zone; and drainage facilities;
and such other functions as a typically associated with an aquarium of similar size.
(c) Grant necessary easements for driveways, utilities and salt water intake
and discharge as permitted by the appropriate agencies.
(d) Authorize relocation of the tennis courts to a location to be determined by
the City Council.
(e) If at any time prior to commencement of construction of the Aquarium,
CMA abandons the project or fails to meet material obligations under the lease, or if
the City Council does not approve a lease pursuant hereto on or before June 15th
2015 the exemptions contained in this §2.01(d)(8) shall expire and have no further
force and effect.
Section 3. A special City election is hereby called and will be held on November 5,
2013, for the consideration by the voters of the City of Clearwater of the
proposed Charter Amendment. CMA shall reimburse the City for the cost of the special
City election. The question to appear on the referendum ballot shall be as follows:
Lease of City Hall Property and Abutting City Property to
Clearwater Marine Aquarium
Shall the Clearwater City Charter be amended by
adding Section 2.01(d)(8) to allow the City to negotiate
and enter into a lease with the Clearwater Marine
Aquarium, Inc. for the construction, operation and
maintenance of an aquarium on City owned property,
located west of Osceola Avenue, east of the unimproved
Pierce Boulevard right -of -way, north of Pierce Street and
south of Cleveland St., for a 60 year term all as described in
Ordinance 8418 -13?
Yes
No
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the
special election to be held on November 5, 2013.
5 Ordinance No. 8418 -13
Section 5. 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
Approved as to form:
Pamela K. kin
City Attorney
June 6, 2013
June 19, 2013
Gte gtntetke%S
George N. Cretekos
Mayor
Attest:
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Rosemarie Call
City Clerk
6
Ordinance No. 8418 -13