Ord 41-04 ORDINANCE NO. 41-04
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 RRLEASE OF DEED
RESTRICTIONS, AND AI,I,OWING THE TRANSFER AND
SALE OF PART OF BLOCK 52 NOW USED FOR PARKING
AND LOCATED ON THE NORTHWEST CORNER OF
N.W. IsT AVENUE AND ATLANTIC 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, two of the deeds to the C~ty on property owned by the City located on the
southeast portion of the Tennis Center site provides that Block 52 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 ate set forth in the Deed dated September 9,
1936 to the City of Deltay Beach on property legally described as Block fifty-two (52) of the C~ty of
Deltay Beach, formally the Town of 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 bfmg recorded at Deed Book
532, Page 313 of the Public Records of Palm Beach County; and
WHEREAS, the restriction is also contained in a Deed dated August 17, 1936 on Block 52,
as recorded in Deed Book 532, Page 311 of the Public Records of Palm Beach County.
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 Match 13, 1990 on propen'y on all
of Block 52, in order to use the property for a public tennis facility.
WHEREAS, the City desires to release a portion of Block 52 from the deed restriction, using
the proceeds from any sale for public parking.
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.
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 Delray Beach voting in a special
election to release the restriction regarding the use of the property for munidpal purposes,
pen-nitting the proceeds to be used for public parking purposes, and to permit the transfer and sale
of part of Block fifty-two (52). Said land is located on the Northwest comer of N.W. 15t Avenue
and Atlantic Avenue, legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now De[ray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD R/W SR 806) and
that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
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 Sale of Parking Lot with Proceeds to be Used for Public Parking
In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property (Block
52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the public
parking portion of Block 52, using the proceeds for public parking.
Should the City have the authority to sell the eastern one-half of the public parking in front
of the Tennis Center, using the proceeds for public parldng?
YES rn
NO rn
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.
2 ORD. NO. 41-04
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2004.
MAYOR
ATfEST:
ACTING CITY CLERK
First Reading
Second Reading
3 ORD. NO. 41-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~Jl
SUBJECT: AGENDA ITEM # ~ O ~ - REGULAR MEETING OF AUGUST 17. 2004
ORDINANCE NO. 41-04
DATE: AUGUST 13, 2004
This is second reading and public heating for Ordinance No. 41-04 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 part of Block 52 (Tennis Center), located on the northwest
comer of N.W. 1s~ Avenue and Atlantic Avenue.
At the first reading on August 3, 2004, the Commission passed Ordinance No. 41-04.
Recommend approval of Ordinance No. 41-04 on second and final reading.
S:\City Clerk\agenda memos. Ord 41.04.Re ferendum. Bleck 52 Tennis Center.08.17.04
[ITY OF DELRrlY BEIqgH
CITY ATTORNEY'S OFFICE ~oo~w,s,^v.~...~,~^...^~,,,.,~o.,.^~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
~D~L ol~Y, B~EAoCH~ Writer's Direct Line: 561/243-7091
ABaiBm~ City MEMORANDUM
1993 2flOl /
TO: David Harden, Git3/Manager
Ghevelie Nubin, Acting City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 4~-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. 41-04
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 PART OF BLOCK 52 NOW
USED FOR PARKING AND LOCATED ON THE NORTHWEST
CORNER OF N.W. 1sT AVENUE AND ATLANTIC 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, two of the deeds to the City on property owned by the City located on the
southeast portion of the Tennis Center site provides that Block 52 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 September 9,
1936 to the City of Delray Beach on property legally described as Block fifty-two (52) of the City of
Delray Beach, formally the Town of 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 Deed
Book 532, Page 313 of the Public Records of Palm Beach County; and
WHEREAS, the restriction is also contained in a Deed dated August 17, 1936 on Block 52,
as recorded in Deed Book 532, Page 311 of the Public Records of Palm Beach County.
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, 1990 on property on
all of Block 52, in order to use the property for a public tennis facility.
WHEREAS, the City desires to release a portion of Block 52 from the deed restriction,
using the proceeds from any sale for public parking.
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.
Rev. 8/12/04 1 ORD. NO. 41-04
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 Delray Beach voting in a special
election to release the restriction regarding the use of the property for municipal purposes,
permitting the proceeds to be used for public parking purposes, and to permit the transfer and
sale of part of Block fifty-two (52). Said land is located on the Northwest corner of N.W. 1st
Avenue and Atlantic Avenue, legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD R/W SR 806) and
that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
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 Sale of Parking Lot with Proceeds to be Used for Public Parking
In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property
(Block 52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the
public parking portion of Block 52, using the proceeds for public parking.
Should the City have the authority to sell the eastern one-half of the public parking in
front of the Tennis Center, using the proceeds 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.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
Rev. 8/12/04 2 ORD. NO. 41-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
Rev. s/12/04 3 ORD. NO. 41-04
RESOLUTION NO. 51-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE
FOR A REFERENDUM ON THE QUESTION PRESENTED IN
ORDINANCE NO. 41-04 REGARDING THE RELEASE OF DEED
RESTRICTIONS AND THE TRANSFER AND SALE OF PART OF
BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W.
1ST AVENUE AND ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04,
PROVIDING FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 41-04 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 restrictions in the deed and
consent to the transfer and sale of part of now used for parking, Block 52, which requires
approval by the citizens as herein mentioned and as legally described and as set forth in
Ordinance No. 41-04; 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
DELRAY 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 south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD R/W SR 806) and
Rev. 8/12104
that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
There shall be placed on the November 2, 2004 general election ballot, the following
question:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property
(Block 52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the
public parking portion of Block 52, using the proceeds for public parking.
Should the City have the authority to sell the eastern one-half of the public parking in front
of the Tennis Center, using the proceeds for public parking?
YES []
NO []
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 the City Clerk of the City of Delray Beach,
Florida.
PASSED AND ADOPTED in regular session on this the __ day of ,2004.
MAYOR
ATTEST:
City Clerk
Rev, 8/12/04
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. 41-04 to wit:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center
Property (Block 52), with proceeds to be used for a Tennis Facility. The City seeks the
authority to sell the public parking portion of Block 52, using the proceeds for public
parking.
Should the City have the authority to sell the eastern one-half of the public
parking in front of the Tennis Center, using the proceeds for public parking?
YES
NO
CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubin
Acting City Clerk
PUBLISH: The News
~his 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.]
Rev. 8/12/04
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 Southard Investment Co. to the City of Delray Beach, Florida dated September 9,
1936, recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach
County.
And as also contained in a Deed dated August 17, 1936 from Carolyn v.
Southard to the City of Delray Beach on property:
Recorded in Deed Book 532, Page 311 in the Public
Records of Palm Beach County.
The deeds referred to above contained the following restrictive language:
"This Deed is made, executed and delivered to the grantee herein
named for the purpose of giving and granting the party of the
second part, its successors, legal representatives, and assigns the
use of the above described property for public park, playground,
public schools, and other municipal purposes; and said property is
not to be sold, conveyed, disposed of or transferred by said City
without first submitting to a vote of the duly qualified voters of the
City of Delray Beach, the question as to whether or not the party of
the second part shall sell or dispose of the property."
The legal description of the property the City desires to obtain a release of deed
restrictions on and authorizing the sale thereof is legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD RAN SR 806)
and that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
Rev. ~/12/0~
On November 2, 2004, a special election was held and the following referendum
question appeared on the ballot:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center
Property (Block 52), with proceeds to be used for a Tennis Facility. The City seeks the
authority to sell the public parking portion of Block 52, using the proceeds for public
parking.
Should the City have the authority to sell the eastern one-half of the public
parking in front of the Tennis Center, using the proceeds 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 agreed to authorize or not authorize (circle one) the transfer, sale and
conveyance of the land known as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD PJW SR 806)
l~ev. 8/12/04
and that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
DATED this day of ,2004.
CITY CLERK
SWORN TO AND SUBCRIBED
Before me this __ day of ,2004.
P. ev. 8/12/04