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Ord 40-04 ORDINANCE NO. 40-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TM AVENUE AND FRONTING ON S.E. 5TM AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City on property owned by the City located behind the current library provides that the North 48 feet of Lot 15, Block 101 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated April 23, 1936 to the City of Delray Beach on property legally described as the North 48 feet (N48') of Lot Fifteen (15), Block One Hundred One (101) of the Town of De[ray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library; and WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 2001 on property located on the South 50 feet of LOt 8 and all of LOt 9, Block 101 where the current library is situated; and WHEREAS, in order to fully redevelop the site behind the currently existing library site, the restrictions need to be removed; and WHEREAS, the new library is to be built on land located west of Swinton adjacent to the South County Courthouse site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety: Se¢oon 2. That the City Commission of the City of Dekay Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election to release the deed restrictions and to authorize the transfer and sale of that part of lot located behind the current library property and as legally described in the recitals incorporated herein above. Section 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, k was discovered that a similar deed restriction also existed on a part of LOt 15, behind the current library. Do you consent to the release of the restriction on part of Lot 1~, authorizing the sale of the property with the proceeds to be used for public parking? YES [] NO [] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. S¢$tion 6. That this ordinance shall become effective upon its passage on second and final reading. 2 ORD. NO. 40-04 day of~'~:~ ,2004. ATTEST: ACTING CITY CLERK 3 ORD. NO. 40-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM $$ ~ O O~. - REGULAR MEETING OF AUGUST 17. 2004 ORDINANCE NO. 40-04 DATE: AUGUST 13, 2004 This is second reading and public hearing for Ordinance No. 40-04 providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of the North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29 S.E. 4th Avenue and fronting on S.E. 5'h Avenue. At the first reading on August 3, 2004, the Commission passed Ordinance No. 40-04. Recommend approval of Ordinance No. 40-04 on second and final reading. S:\City Clerk\agenda memo~.Ord 40.04.Re ferendum. Lot 15, Block 101.Library.08.17.04 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~_00 Nw ,s~ AvENuE. DELR^Y B,C,. FLOR,D^,444 TEt~EPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~lma',ca City MEMORANDUM DATE: July 22, 2004 / 1993 2001 TO: David Harden, City Manager Chevelle Nubin, Acting City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 41-04 and 40-04 Referendum Questions/Referendum Questions for November 2, 2004 Election Attached please find resolutions and ordinances regarding the referendum questions that need to be placed on the August 3, 2004 City Commission agenda. Please place the resolutions and ordinances on the agenda as required, and take all other steps necessary to make sure the questions are put on the ballot. If you have any further questions, please do not hesitate to call. Attachment ORDINANCE NO. 40-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RRI.EASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE CUR-RENT LIBRARY SITE AT 29 S.E. 4TM AVENUE AND FRONTING ON S.E. 5TM AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City on property owned by the City located behind the current library provides that the North 48 feet of Lot 15, Block 101 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated April 23, 1936 to the City of Dell:ay Beach on property legally described as the North 48 feet (N48') of Lot Fifteen (15), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library; and WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 2001 on property located on the South 50 feet of Lot 8 and all of Lot 9, Block 101 where the current library is situated; and WHEREAS, in order to fully redevelop the site behind the currently existing library site, the restrictions need to be removed; and WHEREAS, the new library is to be built on land located west of Swinton adjacent to the South County Courthouse site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Draft 816104 Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety: Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delmy Beach voting in a special election to release the deed restrictions and to authorize the transfer and sale of that part of lot located behind the current library property and as legally described in the recitals incorporated herein above. Sectio/~ 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YEs [] NO [] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of De[ray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. 2 ORD. NO. 40-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. MAYOR ATI'EST: ACTING CITY CLERK FL-st Reading Second Reading 3 ORD. NO. 40-04 RESOLUTION NO. 50-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, C_AIJ,ING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 40-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND AI.I.OWING FOR TRANSFER OF THE NORTH 48 FEET LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TM AVENUE AND FRONTING ON S.E. 5TM AVENUE, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 40-04 provides for a referendum to be held on the question presented therein concerning whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to release any restrictions in the deed and consent to the transfer and sale of the North 48 feet of Lot 15, Block 101, which requires approval by the citizens as herein mentioned and as set forth in Ordinance No. 40-04; and WHEREAS, the City of Delray Beach, Florida, desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and provide all notices required in accordance with Article V, Elections of the City Charter, Chapter 34, "Elections" of the Code of Ordinances of the City of Delray Beach and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DF.I.R_Ay BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. For the purpose of removing Deed Restrictions and allowing the sale and transfer of property legally described as: The North 48 feet (Iq48) of Lot Fifteen (15), Block One Hundred One (101) of the Town of Dekay, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Draft 8 6 04 Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library. There shall be placed on the November 2, 2004 general election ballot, the following question~ QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES c3 NO r~ Section 3. Said election shall be held at polling places and precincts designated by the Supervisor of Elections and as kept on file in the office of the City Clerk for the City of Delray Beach, Florida. Section 4. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the __ day of ., 2004. MAYOR A'ITI~ST: Acting City Clerk Dtat~ 8 6 04 NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a Special Election shall be held on November 2, 2004 on the referendum question passed by Ordinance No. 40-04 to wit: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES NO CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin Acting City Clerk PUBLISH: The News [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON NOVEMBER 2, 2004 The City of Delray Beach, Florida held a referendum election on November 2, 2004 at a Special Election regarding a release of a deed restriction contained in a deed from Lucetta E. Horne and Lelia Horne to the City of Delray Beach, Florida dated April 23, 1936 on property legally described as follows: The North 48 feet of Lot 15, Block One Hundred and One (101) of the Town of Delray, formedy Linton, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, said Deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. The deed referred to above contained the following restrictive language: "This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose of obtaining the consent and permission of the majority of the qualified voters of the City of Delray Beach, Florida." On November 2, 2004, a special election was held and the following referendum question appeared on the ballot: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. DRAFT 8/6/04 Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES [] NO [] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES NO The Majority of the voters casting a ballot at the referendum election held on November 2, 2004, have voted to release or not release (circle one) the deed restrictions on the property and authorizinq or not authorizinq (circle one) the transfer, sale and conveyance of the land known as the North 48 feet of Lot 15, Block 101 of the Town of Delray, formally Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. DATED this day of ,2004. CITY CLERK SWORN TO AND SUBCRIBED Before me this __ day of ,2004. DRAFT 8/6/04