HomeMy WebLinkAboutDocumentation_Regular_Tab 20_04/10/2008
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
4/10/08 Meeting Type: Regular Ordinance #: Click here to enter text.
Consent Agenda: = Noose an item. Resolution #: 13-08
Originating Department: Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Resolution 13-08, Finding that the Expenditure of Money in Support of the Proposed Amendment to the Palm
Beach County Charter Serves a Public Purpose; Providing that the Dissemination of Information Concerning
the Impacts of this Amendment on the Citizens of the County and the Village is Essential to the Health, Safety,
Protection and Welfare of the Village and its Citizens
3. BUDGET /FINANCIAL IMPACT:
Account #: ~'": cI< ~ ~,~,-~~ to err:er t,^xt. Amount of this item: Click here to eater text.
Current Budgeted Amount Available: Amount Remaining after item:
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Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
This Resolution or similar has been adopted by all municipalities in Palm Beach County at this time. It simply
provides that if Palm Beach County placed an item on the ballot which would serve to limit Tequesta's authority
to govern itself, such provision would not be enforceable within Tequesta unless specifically approved by the
Tequesta voters.
This ballot question, if approved by the voters in November would go a long way in protecting home rule within
the Village of Tequesta.
5. APPROVALS:
Dept. Head: ~~~~~
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Attorney: (for legal sufficiency) "~
Village Manager:
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• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: C~"
Finance Director:
Yes ^ No ^
• DENY ITEM: ^
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VILLAGE OF TEQUESTA
,_,:
MEMORANDUM
TO: Mayor and Council
Michael Couzzo, Village Manager
FROM: Trela White, Village Attorney
DATE: March 24, 2008
SUBJECT: Home Rule Resolution
This Resolution or similar has been adopted by all municipalities in Palm Beach
County at this time. It simply provides that if Palm Beach County placed an item
on the ballot which would serve to limit Tequesta's authority to govern itself, such
provision would not be enforceable within Tequesta unless specifically approved
by the Tequesta voters.
This ballot question, if approved by the voter in November would go a long way in
protecting Home Rule within the Village of Tequesta.
345 TequestaDr., Tequesta, Fl 33469
561.575.6200 * Fax: 561-575-6203
www.tequesta.org
RESOLUTION NO. 13-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA (THE "VILLAGE") FINDING THAT THE
EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED
AMENDMENT TO THE PALM BEACH COUNTY CHARTER SERVES A
PUBLIC PURPOSE; PROVIDING THAT THE DISSEMINATION OF
INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON
THE CITIZENS OF THE COUNTY AND THE VILLAGE IS ESSENTIAL TO
THE HEALTH, SAFTEY, PROTECTION AND WELFARE OF THE VILLAGE
AND ITS CITIZENS; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Board of County Commissioners has proposed certain
amendments to the Palm Beach County Charter (the "Charter") over the years; some of
which have had far-reaching effects on the municipalities located in Palm Beach County;
and
WHEREAS, pursuant to the Charter, the citizens may also propose changes to the
Charter; which proposed changes must be placed on the ballot for referendum if all criteria
set forth in the Charter have been met; and
WHEREAS, such an amendment was in the process of being proposed by the
citizens in support of home rule by means of a petition drive and was subsequently
approved by ordinance adopted by the Board of County Commissioners on September 11,
2007 for placement on the November 4, 2008 ballot; and
WHEREAS, the Village of Tequesta desires that its citizens be fully informed as to
the impact of this proposed amendment since, if adopted, it will preserve home rule in the
Village; and
WHEREAS, the Village Council believes that it is a duty of local democratic
government to assist its citizens in understanding issues of great importance to them by
providing information in order that they may make an informed choice; and
WHEREAS, the Village Council believes that such municipal leaders have a duty
and a right to offer their opinion as to which course of action they think would be best for
the Village and its citizens, and that such use of their offices is clearly for a public purpose.
NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of
Tequesta, Florida that:
Section 1: The Village Council finds that it is necessary and in the public interest
of the citizens of the Village of Tequesta and the Village, and essential to the health,
safety, protection and welfare of the citizens of the Village of Tequesta and the Village, for
the Village to educate the public prior to the November 4, 2008 ballot question.
Section 2: In the interest of educating its citizens, the Village believes it to be in
the public interest to expend public funds and resources if necessary, to utilize the time of
its employees, and to utilize its various methods of communication (including but not limited
to television, print, and Internet communications) in order to educate the public concerning
the proposed referendum question and the impact it will have on the Village and its
citizens. The ballot question is attached hereto as Exhibit A
Section 3: This resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this day of , 2008.
VILLAGE OF TEQUESTA
Pat Watkins, Mayor
ATTEST:
(SEAL)
Lori McWilliams, CMC
Village Clerk
EXHIBIT A
On November 4, 2008, a general election is to be held, and in accordance
with the requirements of the Constitution and Laws of Florida, the following
question shall be placed on the ballot by the Supervisor of Elections:
REQUIRE BOTH COUNTY AND MUNICIPAL
APPROVAL OF CHARTER AMENDMENTS
AFFECTING MUNICIPAL POWER OF FUNCTION
Shall the Palm Beach County Charter be amended to
have charter amendments that are approved by a
majority of Palm Beach County voters take effect in a
municipality only if the amendment is also approved
by a majority of voters in that municipality, when the
proposed amendment transfers or limits a municipal
service, function, power or authority?
YES
NO
Y:\docs\Tequesta\Resolutions\2008\Expenditure to Service Public Purpose-
ExA.doc