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Ord 01-01 / ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR A REFERENDUM 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 P ART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are 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 June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), 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 528, Page 137 ofthe Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses 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 qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library Lands Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] 0 NO [for rejection] 0 Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually 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 fmal reading. 2 Ord. No. 1-01 PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of January ,2001. ~~,~ MAYOR ATTEST: (]j{Jvm'f}))J- ,IV ffJ IIa 7/ii City Clerk FirstReading January 2, 2001 Second Reading January 16, 2001 3 Ord. No. 1-01 Prepared by: RETURN Illmlllmlll_IHIUIIIIII J- Susan A. Ruby, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 01/29/2004 11:36:23 20040052147 OR BK 16490 PG 0767 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON MARCH 13. 2001 ~ ~ ~ N) fr) it ~~ J t I ~ The City of Delray Beach, Florida held a referendum election on March 13, 2001 at a Special Election regarding a release of a deed restriction contained in a deed from Jennie W. Weaver to the City of Delray Beach dated June 15, 1936 on the property legally described as follows: The South Fifty Feet (S. 50') of Lot (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formally 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 528, Page 137 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." 3 c WHEREAS, on March 13, 2001, a special election was held and the following referendum question appeared on the ballot: ''TRANSFER OF LAND QUESTION" ~ - Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? l' t SHALL THE REFERENDUM QUESTION SET FORTH ABOVE BE ADOPTED? YES [for approval] 0 NO [for rejection] 0 \'t ~ ~ . . 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 1.783 NO 438 The Majority of the voters casting a ballot at the referendum election held on March 13, 2001 have voted to release the deed restrictions on the property and authorize the sale and transfer of the land located at 29 S.E. 4th Avenue, also known as the South 50 feet (S. 50') of Lot (8) and all of Lot Nine (9), Block One Hundred One (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 528, Page 137 of the Public Records of Palm Beach County. DATED this ";,:l~ day of ~j2004. f ,/':,' ._ ~..... CITY CLERK SWORN TO AND S~1CRIBED Before me this;);). day of ~~~ ,2004. ~ ~~.~~ ~\\\,"l"""""" ~"~\tJ~e D. 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Cl~ ~ "'III. dUC sn\\~ ~"" If"""htlll\'\\\~ '" CANVASS 10:03pm Mar 13 2001 Precinct Reg 0166 1278 166A 575 166B 799 166C 566 0170 812 0171 2551 171A 2979 171B 754 171C 869 171D 90 0172 1236 172A 39 172B 60 172C 6 1720 2 0173 1489 0174 2725 174A 2937 174B 609 174C 1750 0175 1720 175A 128 0176 997 176A 1842 176B 1195 0177 0 0178 1774 178A 766 0179 1053 0189 2054 0190 2271 A006 0 Blts %Trn 94 7.36 36 6.26 163 20.40 125 22.08 36 4.43 141 5.53 309 10.37 6 0.80 20 2.30 0 0.00 45 3.64 3 7.69 2 3.33 2 33.33 0 0.00 19 1.28 125 4.59 85 2.89 6 0.99 155 8.86 34 1.98 4 3.13 17 1.71 136 7.38 69 5.77 0 0.00 38 2.14 16 2.09 166 15.76 136 6.62 208 9.16 31 UNIFORM MUNICIPAL ELECTIONS PALM BEACH COUNTY, FLORIDA MARCH 13, 2001 Page 12 CITY OF DELRAY BEACH Precincts Counted Absentee Precincts Counted Registered Voters Ballots Cast 31 100.00% 1 100.00% 35,926 100.00% 2,227 6.20% TRANSFER OF LIBRARY LAND QUESTION A. YES (for approval) B. NO (for rejection) A. 58 61.70 24 66.67 146 89.57 112 89.60 15 41.67 114 80.85 288 93.20 5 83.33 11 55.00 o 0.00 40 88.89 o 0.00 2 100.00 2 100.00 o 0.00 16 84.21 92 73.60 71 83.53 3 50.00 142 91.61 26 76.47 2 50.00 13 76.47 120 88.24 55 79.71 o 0.00 26 68.42 12 75.00 131 78.92 92 67.65 140 67.31 25 80.65 STATE OF FLORIDA COUNTY OF PALM BEACH %A. B. 1,783 80.28% 438 19.72% %8. I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. 36 38.30 12 33.33 17 10.43 13 10.40 21 58.33 27 19.15 21 6.80 1 16.67 9 45.00 o 0.00 4 8.89 3 100.00 o 0.00 o 0.00 o 0.00 3 15.79 33 26.40 13 15.29 3 50.00 13 8.39 8 23.53 2 50.00 4 23.53 16 11.76 14 20.29 o 0.00 12 31.58 4 25.00 34 20.48 43 31.62 67 32.21 5 16.13 WITNESS MY HAND AND SEAL, THIS 14th DAY OF MARCH, 20...21.... -, ' , , ,-~ , "\ \ . ,. ". / \ . ~ ~,~: ",\/l . \..-/ !I '. -i/ "; '. - , ..' ) - , .~ :) ,~ -0;; ./ - . ~~~._! /~, /.: ':~' I;: \'~~:.->'~ BY:~.l.c;.an_ ~~ THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA ~ .r Palm Beach County THERESA LePORE Supervisor of Elections P.B.C. GOVERNMENTAL CENTER 301 N. OLIVE AVENUE, ROOM 105 \NEST PALM BEACH, FL 33401-4795 TELEPHONE: (561) 355-2650 FAX NUMBER: (561) 355-4006 \NEBSITE: W\MN. pbcelections. org March 14,2001 Ms. Alison Harty, City Clerk Delray Beach City Hall 100 NW 1st Avenue Delray Beach, FL 33444 Dear Alison: Enclosed, is a certified copy ofthe results ofthe City of Del ray Beach Municipal Election held on March 13, 2001. If you have any questions, please do not hesitate to call. Sincerely, Theresa LePore Supervisor of Elections By:L?~ 41f TAL:chn Enclosure RECElVED 3/;6/0/ CITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f.6'CITY MANAGER SUBJECT: AGENDA ITEM J 0.0. - REGULAR MEETING OF JANUARY 16.2001 ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY) RESOLUTION NO. 6-01 (CALLING FOR SPECIAL ELECTION) DATE: JANUARY 12, 2001 This is second reading and a public heanng for Ordinance No. 1-01 which provides for a special election referendum to be held on the question of whether the qualified voters of the City give their permission for the release of any deed restnctions and for the sale and transfer of part of the Library property located at 29 S.E. 4th Avenue. There has been discusslOn about the possibility of the Public ubrary relocating to another site withm the City. If this were to happen, the current hbrary site would become available for redevelopment purposes. One of the deeds to the City for the library property contams a restriction that the land was conveyed for municipal purposes and may not be sold or transferred by the City without first obtaining permission from the quahfied voters of the City at a speCial referendum election. The property in question is the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Delray. The City Attorney, in conjunction with outside counsel, has reviewed this issue and has determined that a referendum election is the only viable option. The proposed ordinance provides for a special election referendum to be held on the question on the March 13,2001 muniCipal election ballot. At first readmg on January 2, 2001, the Commission passed the ordinance by unamrnous vote. Approval is recommended. If, after the public hearing, the City CommisslOn approves Ordinance No. 1-01 on second and final reading, consideration should then be given to the adoption of Resolution No. 6-01. This resolution formally calls for the special referendum election and is the first step required for us to comply with City Charter and general law requirements for holding a special election. Assuming Ordinance No. 1-01 is approved by the Commission, approval is also recommended for Resolution No. 6-01. Ref:Agmemo14.0rdl-0l.2nd Reading Referendum on L1brary Property MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM Id. ff - REGULAR MEETING OF JANUARY 2.2001 ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY) SUBJECT: DATE: DECEMBER 29, 2000 As you know, there has been discussion about the possibility of the Public Library relocating to another Site within the City. If this were to happen, the current hbrary site would become available for redevelopment purposes. One of the deeds to the City for the library property contains a restriction that the land was conveyed for mumclpal purposes and may not be sold or transferred by the City Without first obtaining permission from the qualified voters of the City at a special referendum election. The property in question is the South 50 feet ofLat 8 and all of Lot 9, Block 101, Town of Delray. The City Attorney, in conjunction with outside counsel, has reviewed this issue and has detenmned that a referendum election is the only Viable option. The proposed ordinance provides for a special election referendum to be held on tlus question on the March 13, 2001 municipal election ballot. If it is passed on first reading, second reading and a public hearing will be scheduled for January 16, 2001. This will allow us to comply With deadlines estabhshed by the Supervisor of Elections for ballot questions and provide suffiCient time for related items such as noticing and formally calling for the referendum. Recommend approval of Ordinance No. 1-01 on first reading, and set a public hearing date of January 16,2001. faM.Ufl 5 - 0 RefAgmemo14 Ordl-01.Referendwn on Library Property ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR A REFERENDUM 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 THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.B. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13,2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are 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 June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), 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 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of De1ray Beach, Florida, hereby incorporates the "Whereas" clauses 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 qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. Section 3. That the consent and permiSSIOn of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13,2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library Lands Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] 0 NO [for rejection] 0 Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually 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. 1-01 PASSED AND ADOPTED in regular session on second and final reading day of , 2001. on this the MAYOR ATTEST: City Clerk First Reading Second Reading 3 Ord. No. 1-01 each month by each newspaper; perhaps one per newspaper per month would be adequate. Right now it is completely out of control and is creating a nuisance for the Tropic Isle residents. Mayor Schmidt commented that he was not surprised this evening by the appearance of the merchants speaking about the Delray Affair. Mr. Gimmy had called him last week, and he had spoken with Mr. Wood and the City Manager about it. Mayor Schmidt stated that he would be willing to facilitate a meeting with the Chamber and some representatives of the merchants and some representatives of the City if that is what the Commission would like us to do. It was the consensus of the Commission to have the Mayor proceed in this regard. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13,2001, 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 the current Library property located at 29 S.E. 4th Avenue. Ifpassed, a public hearing will be scheduled for January 16,2001. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR A REFERENDUM 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 THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 1-01 on FIRST Reading, seconded by Mrs. Archer. The City Attorney stated that the City owns the land upon which the Library is built, and there is a deed restriction on part of the land that it may only be used for municipal purposes. If the City wanted to sell or transfer the land for other than municipal purposes (i.e. for private use), the question of whether or not to do so would have to be put to the voters at a referendum election. The City Manager stated that the proposal is that the Library will trade their building 01-02-01 - 18 - to the Community Redevelopment Agency (CRA) for the site on West Atlantic Avenue, and the City would trade the land to the CRA for the land east of Old School Square which would allow for Old School Square's expansion. The CRA would end up with both the building and the land, and then it would be available to them for redevelopment purposes. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. If passed, a public hearing will be scheduled for January 16,2001. The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMW A TER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTL Y OR INDIRECTL Y TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the proposed LDR amendment includes the removal of an exemption for construction activities involving single family homes, the addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction, with permanent control measures required within seven (7) days of any completed construction activity, and the addition of a statement that private owners of storm drain systems that connect to the municipal system will be responsible for annual inspection, operation and maintenance of their private stormwater management system. Mr. Dorling stated that the Planning and Zoning Board considered the proposed text amendment at a public hearing on December 18, 2000, and voted 5 to 0 toT 01-02-01 - 19 - [IT' DF DElRA' BEA[H CITY ATTORNEY'S OFFICE DElRA Y BEACH iI&e:d mr 1993 2()n NW bt AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561,:4.1-7090. FACSIMILE 561/27~-4755 Wnter'5 DIrect Lme 561/243-7091 MEMORANDUM DATE: December 5, 2000 TO: David Harden, City Manager Alison Harty, City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: Library Land Matter Our office, in conjunction with Bill Doney, have reviewed the legal issues created in one of the library deeds and believe a referendum is the only viable option. I have talked to John Callahan of the Delray Beach Library regarding the referendum. He will be taking the attached, revised ordinance to the Library Board on December 20, 2000 for their review. Alison Harty, City Clerk, has informed me that the ballot question must be in the Office of the Supervisor of Elections by February 9, 2001. Therefore, Alison has suggested that a first reading be held January 2,2001 and the second reading on January 16,2001. Enclosed is a revised draft ordinance, resolution and Notice of Special Election for your review and comment. Please let me know if you require any changes. Enclosure cc: John Callahan, Library DIrector Bill Doney, Esq. Diane Dominguez, Director, CRA DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR A REFERENDUM 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 TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH A VENUE AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13,2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one ofthe Deeds to the City for the library property provides that certain lots and parts of lots are 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 June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), 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 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses 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 qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein above pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. DRAFT Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13,2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library Lands Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. _, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] 0 NO [for rejection] D Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have not force and effect. Section 6. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. _; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. _ provides for a referendum on the question presented therein regarding whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to transfer and sell a portion of the current library property; and, WHEREAS, the City of Delray Beach 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 to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach and General Law; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the ballot question proposed in Ordinance No. _ be held on March 13,2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a special election on the referendum question presented in Ordinance No. _' Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on March Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided. Section 5. That this resolution shall become effective immediately upon passage PASSED AND ADOPTED this _ day of ,2001. ATTEST: MAYOR City Clerk DRAFT NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.32, that a special election shall be held on March 13, 2001 on the referendum question purposed by Ordinance No. _ to wit: Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. _, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? CITY OF DELRA Y BEACH, FLORIDA Alison MacGregor Harty 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. ] i . *6 o{,l\ ~J . . "" -.-- . , 1 ~ -4 .i , ~ J ~.' '" .. - . -0 . ,.... _~. . _ "'+!_. :O:-..,.,_.....::r.. - --,. 'i': - -...-.... ~. .:. ... '. ~.~~ :-~~ ';~;~;.~r~~~%~:.=:~~~0:-~:~; -~ .~~ - ~ .~~ :~.- >~~~~ -~~-~- ~~;~-~~ .'~~ ~::-~~:; - ~: ~~ -~:~ii-~-;~; ~;- ~~~:~~\~:.: :-::-- .:....4~~ . ileal 528 FlCF 137 j I >> . . J) .--- ---- :. _.. ... ... ... ,. -..--' ~ Jf/N~ IS - .....1 of~, ~. >>. .' . - ;. .--sIS IIDDTtJD,;-.4. 'thU , 1916, Bet"'11 lDllIl K. WUTD, .. witow, ,1fe .t '1ehr W. .'.Ter, -~'0I...4, of ,h. ~01UltJ' .~ C!.lin.t071 . I~.t. of I ... York, ,art7 o~ 'h. 11r.t Jart, u4 cur 01' J)m.u.y AUCll, .. ~lel,.l eor,oration 1& ~. COLDt1 'of !ala "aoh &D4 stat. o~ norUa, part7 ot the .eeolld. "'Jut, .I~SftH: :'~t th. .a14 JartJ' ot th. ~1r.t ~art, ~or aDd 1D eonllteratlon of thl na ot On. J)oll&r (11.00) &D4 other . . T.lu.'ll eonalterat10nl to a.r 1n ~1l4 ,.ld,-lh. ....1pt whereot 1. h.r.b)" aokDowle4,e4, lLa. cranted, ar,&1Ded, .014 aDd. tran.- . t.rr.t, ~ '1 the.. pr..entl "0.. 'raDt, '-rplD, .en an4 tran,fer 1U1to thl .a14 ,art7 of the ..ood part. aDd. it. . 8Uoo,,'''rB, 1.,..1 "ftpre..ntaUTe. .. ....1&Jl8 ~orner, &11 ihat oertaln paroel of laD4 17iD4 aDd b.1.Zl8 in 'Uw COl:lJl'tJ of l'al. B.aeh an.4 I'aie ot nor14a, aore parUGl1lar~ ....ern.d &8 foll.. tal. louth ~1tlJ' I'o.t (S. 60') ot J,ot tigbt (II &D4 allot J.ot .1D. 'U. Blook '- On. KuDllr,t One UOUof the town of >>'lr&J, for.'1'11 L1Ilton. aoeor41na to the p1d thereof OIl file 1n tbe offloe of the Cl.rk of the Circuit C~t 1n an4 for 8&1t ~oant.J aDd ~tat.. SIS J)DD IS GITD SOBJE! !O jLL !.AXIS ~ DcmmlWJCKS OtnSUlDIIG AG~I1Sf SAlD Bi OPDn'. tal1. 1aD4 i. 'llI'lT'70t to ~, CUJ' o~ 1111'&7 Beaoh ~or II'lUllo1pal pur,o... &D4 1. Dot to II. .old or traD.lterre4 117 1&14 C1t7 wUhout t1Nt oUalnlD1 ~rca the tu&11~1e4 Toter. of .a14 C1t7 ,.ral..1on to ..11 aa4 OOUY'7 .a14 laD4.; .a14 pI~I.1011 to 'I 01lta1lle4 at a Ip.olal 01.ot10n to b. hlld for the purpoa. ot obta1D11l, ~. IOD- "Dt &D4 p.ral..ioD ot the M3or1t7 ot ihe 9.ll&llfled. . .ohr. ot tAl C1t7 of ~lra7 I.aoh, nor14a. , .. ~ .. - . . , . arm 5 ,. . !' t-.,.-- !' ! - ..., :::. - .i~~: -)~ · 1 :t~ _u. ,- PAGfl38 !Oc~ with all the tene.ent., here4it..ellt. &at ap>>UZ'teD&Il..', wUh e~e1'1 pr1~11..e, right, tU1e. llltere." a16 ..tate, tower an4 r1ght o't 4ower, re~er.1oll, re_1D4er &Dt ea.e- .ellt thereto 'eloDging or 111 &Jl1W1.. app.rta1Iling: to un ~ to HOI.J) tbe .... 1& 't.. 11IIp1e 'toN~er. .uIl tbe .a14 Put7 o't the 't1nt ,&Z't 40.. eo~eD&Dt wUh the laU ,art7 o't tbe ..ood ,art that. .h. 1. law1'llll7 .e1&e4 d the .a14 pr_1... t &Dl tAd .he hu goCli r1&ht aut l_~ author- 1t7 to ..11 the ..... I. nfl~s Dmm07, the la14 pan7 o't the 1'11'11: par" baa h.reu.nt a .., her h&D4 an4 ..al the 4 &7 aM 7e&Z abo~e wr1'U.Il. 4el1nJ'M .' "If....'. ,.. . '\""~1.'~ ~'''~ . ,,\~~~... '. .:J /. 4 . ". 1'$"" . . d · J v .' 10.1 " , - ... J.&i- ".. ~~~~~:.r,\ r ~ Mt:':~ :~.:~ ~ -. . ~._~ ~ "ffr .. -~. - - ... ~. -~_. .,- .:-....._~ .:.~.:- -::~.:~ - - , -- -.- -- ." ... ---.- - -".: ...~ ~.\...r :--...................,.........- .__......-. .~.;"....,;: .. -..-.-.- ..- .. - _..~... --. - - eo _. . ___ --:-7- ..~-:.~~~-_._. :.---:--:-. --:?-:;_.._~ "' ": c;:,.- ._._~-.:~....:.....~ ....--~~-w-~~:..-;.-.:--:.~_.-::- _.:'_;::~~.-.-_--_-. _-- - :".___~_: '_,._..--=' . .,--~...- - _..-.-..::..=------ - " Ilt'~' 'J7)e 'Y,' f:?2 .C"~'T,~"~ aT::: er7 :~"_ rcu.":"or-:c:" - .---.. U a :.. e c . ~;" ~ -=- ~..... '0 -.... . sun O~ lID YOU C CIm'fY 01' 1 I.!/~ I BERnY CIiTIn, ~ha' on 'hi. i1U#;- ~ ~, ~. ~. 1936. ,.tor. .. p.raona111 appear.' JIll1%.. tq ot I'1I.VD, a wi40w, ot Tietol' W. W.aTer, 4.c.aa84. to .. GOWB to b. the p'raoD '.aeri'., in aa4 who ..z.cut.4 the tor.goins CODTe7&nC., aall ah. aeknowl.4ge4 the .z.cution ther.ot to ,. her tr.. aot and 4.ed tor the uaea aDd purpose. ther.in .ent1one4; WIT.IISS 87 a1~atur' ant ottie1al ..al at K.rrI....111.. ~tII1 eOUllt1 \tl~\.t C.:;~;'#'r .\",-" . ".,-I;lA". ....... ," "._'r'_~. ."~~., ~ 7 '.-,- ~ l ~1 .1, i' \.'i .:..: . , ; : ~ ..1: .. ~ ~~ '. . 'h \\" ::..,':- ~~ -.. .,,':0' ..... .. . ~".. #...,~ .,....; ...,...: ,'..'~ ...---- -. aall at ate , the 4&1 and. 1ear lut ator..ai4. This futnllneat _. iled rer ~.. at IO~oAM thi. 3 dllY 01 ~ 1!t3/. and I'\ecorded in .d2,J;,t 't at pale /.1 7 . I'\eeertil Verified. Geo. O. Batler, Clerk Cil'cwt c.1U1, Palm ~.cb County, Fiend.. ~ I, J .J '-. B"Irf~r---\ D.,uty Clerk. . . ~'t./..r~ .)0 .....: ".4- . ,I. ....... t:" .. ,'...~(T .,. ~ .. "'. lJ'A' ..'" :a-:" -... r.,.-!.: '. ....J .... ~. :c;~,...tP ._..r. :. ~ '; "'J r I' ,':. "'.;, . " I ....,' -.--"". . ~ _......lI.tJ~ ~ ",_, <#,1' """ ., .- J S.;?J' -- -.- -- -~~.. - ---- -- -- -... -- . -.. -- ---~_...-.~_:-.. ;':~~-----~~-:-..;:.-~.:~~....-=.:-::. -'.. .---------- - ---~-- -- ----- -I'~._" . ~ 1 ~it -I '--j - - -c_ -- -;:~ -* 1 -_:~ ~ i -41 12 2g 00 FRI 13 48 FAX 561 278 4755 DEL BCH CTY ATTY ->->-> CITY HALL 141 001 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA. Y BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF \XTUD'T'TT"-'~ -- 'Y OF THE QUALIFIED VOTERS OF THE ( . IJMj ~ - EFERENDUM SPECIAL ELECTION GIVE T .,- -. "~/JKJA/A ) 3RMISSION FOR THE RELEASE OF ANY I ~ V' !fA/'."'-:- ) FOR THE TRANSFER AND SALE OF PA ~ t9AJJIf1JM) LIBRARY PROPERTY LOCATED AT 29 S P __ v-r--- ORE PARTICULARLY DESCRIBED HEREIN; .uoAAhln d,e. tENDUM TO VOTE ON THE QUESTION OF /r"v""- RESTRICTIONS AND CONSENT AND PERlv,,"uoRJN 1 U PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13,2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the Deeds to the City for the library property provides that certain lots and parts of lots are to be used for mumcipal purposes and are not to be sold or transferred by the City without first obtammg 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 June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S. 50') of Lot Eight (8) and all of Lot Nine (9), 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 bel11g recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS. it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will be relocated to other property located within the City NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That the City Conunission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses 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 maj ori ty of qualified electors of the City of De1ray Beach voting in the special electIOn to release any restnctlOns in the deed and to consent and give permiSSIOn to transfer and sell the library lands legally described as the South 50 feet (8.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, fonnally Linton, recorded in Book 528, Page 137 of the Public Records of Palm Beach County 12 2q 00 FRT 13 48 F~X 561 278 4755 - DEL BCH CTY ATTY -->-H CITY HALL I4i 002 Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the release of any restnctions in the deed and for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2001. Section 4. The form ofthe ballot to be used in the referendwn shall be as follows: Transfer of Librarv Lands Question Do you give your consent and permission to the release of any restrictlOns in the deed and to the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. _, If the City of Delray Beach, the Delray Beach Pubhc Library Association or the Commumty Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] 0 NO [for rejection] 0 SectlOn 5 If a majority of the qualified voters of the City of Delray Beach actually voting m thiS referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote agamst the questlOn, then this ordinance shall have no force and effect. SectIOn 6. reading. That thiS ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2001. ATTEST' MAYOR CIty Clerk First Reading Second Reading 2 ORD. NO, 'f 'it .. 08 Friday, Janua~ 2001 .., . ! ~iN:' "-~ ~A!'U8uc'*NllNGlItIllthtldanlht an ~.l;W t'ir~-1~IB.2OOi I lI'flIl:t!."~~~1 :-W.'.~as1~ : .llNctJltntlht~~~ ~~ lllIIi ~IOpil!wtn;."":: ' I "'omc,~!'1IYlrt~. I~Wt.~~~ . WS"OO~hoiniotl"OOl.m.' 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