Res 51-04 RESOLUTION NO. 51-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CAI.I.ING 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. 1s~r
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 0ess RD R/W SR
806) and 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 Tenn/s 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 r~
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 the City Clerk of the City of Delray Beach,
Florida.
PASSED AND ADOPTED in regnlor session on this the __ day of
2004.
MAYOR
ATTEST:
Acting City Clerk
2 RESOLUTION NO. 51-04
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 PJVV SR 806) and
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