Res 50-04 RESOLUTION NO. 50-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALI.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 I~I~,LEASE OF DEED RESTRICTIONS
AND ALLOWING 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 there'm 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 herdm 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 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 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.
There shall be placed on the November 2, 2004 general election ballot, the following
question:
QUESTION
Authorization for the Sale ora Part ora 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 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.
S¢¢t/9n 4. This resolution shall take effect immediately upon passage.
PASSED AND ADOPI'ED in rega,l~r session on this the \"~' day of ~l~X.~ ,
2004. 0
A'I'I'EST:
Acting City Clerk
2 RESOLUTION NO. 50-04
RESOLUTION NO. 50-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A
SPECLAL ELECTION TO BE HELD ON NOVEMBER 2,
2004, TO PROVIDE FOR A REFERENDUM ON THE
QUESTION PRESENTED IN ORDINANCE NO. 40-04
REGARDING THE R~LEASE OF DEED RESTRICTIONS
AND ALLOWING 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
EFFECTWE 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 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 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,
Dmff86 ~
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 ri
NO rn
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 ADOPI'~D in regular session on this the day of
2004.
MAYOR
ATI'PLST:
Acting City Clerk
Dm~86~