HomeMy WebLinkAboutOrdinance_418_02/14/1991
ORDINANCE NO. 418
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING
ORDINANCE 352 OF THE VILLAGE RELATING TO FAIR
SHARE CONTRIBUTION FOR PARK AND RECREATIONAL
IMPROVEMENTS AND FACILITIES; PROVIDING THAT
PARK AND RECREATIONAL FACILITIES SHALL BE
DEEMED TO INCLUDE PARKS, PLAYGROUNDS,
LIBRARIES, MUSEUMS AND OTHER SIMILAR
RECREATIONAL AND CULTURAL FACILITIES; AMENDING
SECTION 5 OF ORDINANCE 352 SO AS TO INCLUDE
LIBRARIES, MUSEUMS AND SIMILAR RECREATIONAL
AND CULTURAL FACILITIES WITHIN THE TERMS OF
THE ORDINANCE; FURTHER AMENDING SECTION 5 SO
AS TO PROVIDE THAT' SAID FACILITIES BE OPERATED
AND/OR LEASED OR OWNED BY THE VILLAGE;
PROVIDING A NEW SECTION 8 TO PROVIDE THAT THE
VILLAGE COUNCIL MAY, IN ITS DISCRETION, IN
LIEU OF THE FAIR SHARE FEE DESCRIBED WITHIN
THE ORDINANCE, OR IN EXCHANGE FOR A FUTURE
CREDIT OF FAIR SHARE FEES, RECEIVE THE
CONVEYANCE OF REAL PROPERTY TO BE USED SOLELY
FOR THE PURPOSES DESCRIBED FOR PARKS,
PLAYGROUNDS, LIBRARIES, MUSEUMS AND OTHER
SIMILAR RECREATIONAL AND CULTURAL FACILITIES;
PROVIDING
APPRAISED
FAIR SHA:
CREDITED;
PROVIDING
CONFLICT;
PROVIDING
THAT SAID PROPERTY SHALL HAVE AN
VALUE EQUAL TO OR GREATER THAN THE
ZE FEE DETERMINED TO BE DUE OR
PROVIDING FOR SEVERABILITY;
FOR REPEAL OF ORDINANCES IN
PROVIDING FOR CODIFICATION;
AN EFFECTIVE DATE.
WHEREAS, it is the intention of the Village Council that the
term recreational facilities for which the "fair share
contribution" was contemplated under Ordinance No. 352 should
include libraries, museums and other similar recreational and
cultural facilities; and
WHEREAS, it is the intention of the Village Council by the
adoption of this ordinance to amend Ordinance No. 352 of the
Village so as to include libraries, museums and other similar
recreational and cultural facilities as improvements to which fair
share contributions may be directed; and
WHEREAS, it is the intention of the Village Council that
parks, playgrounds, libraries, museums and similar recreational and
cultural facilities for which the fair share fee is collected
should be operated and/or leased or owned by the Village of
Tequesta; and
WHEREAS, it is the desire of the Village Council to provide a
method whereby, in the discretion of the Council, it could receive
land for the purposes of parks, playgrounds, libraries, museums and
other similar recreational acid cu]tural facilities in lieu of the
fair share fee or as a credit towards future payments of fair share
fees.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Ordinance No. 352 of the Village of Tequesta is
hereby amended at Section 5 so that said Section shall read as
follows:
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"Section 5. - The funds collected by reason of the
establishment of this Fair Share Ordinance shall be used
solely and exclusively for the purpose of acquiring land
for and/or constructing parks, playgrounds, libraries,
museums and similar recreational and cultural facilities
operated and/or leased or owned by the Village or for the
purpose of making improvements to or capital expenditures
for parks, playgrounds, libraries, museums and similar
recreational and cultural facilities operated and/or
leased or owned by the Village."
Section 2. Ordinance No. 352 of the Village of Tequesta is
further amended by including therein a new Section 8 which shall
read as follows:
"Section 8. - The Village Council may, in its discretion,
in lieu of the fair share fee described herein, or in
exchange for a future credit of fair share fees, receive
the conveyance of real property to be used solely for the
purposes described herein for parks, playgrounds,
libraries, museums and other similar recreational and
cultural facilities. Any property so received shall be
required to have an appraised value equal to or greater
than the fair share fee determined to be due or credited
pursuant to the terms of this ordinance. The acceptance
or rejection of this alternative is solely within the
discretion of the Village and shall be based upon the
needs of the Village as determined by the Village
Council."
Section 3. The previous Section 8 of Ordinance No. 352
shall be renumbered so as to follow Section 8 hereinabove.
Section 4. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 6. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 7. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Earl L. Collins~s who moved its adoption. The Ordinance
was seconded by Councilmember Ron T. Mackail and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
t
William E. Burckart
Joseph N. Capxetta
Earl L. Collins
2
Edward C. Howell
Ron T . i~.ackai 1
The Mayor thereupon declared the Ordinance duly passed and
adopted this 14th day of February 1991.
- MAYOR OF TEQUESTA
G i~
os h N. Caprett
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