HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_5/3/2021Agenda Item #5.
Workshop
STAFF MEMO
Meeting: Workshop - May 03 2021
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion on Review of the Village Charter
Staff is recommending a review of the Village Charter. The last review of the Charter was
done13 years ago (2008). Common practice is to review the Charter every 10 years.
A municipal charter is the basic document that defines the organization, powers, functions
and essential procedures of the city government. It is comparable to the Constitution of the
United States or a state's constitution. The charter is, therefore, the most important legal
document of and city.
If council does consider the Charter for election, below is the process:
- Staff and Attorney will make recommendations
- Council can consider the recommendations
- Council can appoint a Charter Review Committee or consider Charter revisions in
workshop formats
- Questions will be prepared for referendum
- Ordinance approved to send questions to the ballot in March for voters.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
6ii
ENTS:
Page 76 of 91
Agenda Item #5.
PART I - CHARTER
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT
Section 1.01. Incorporation.
The municipality hereby established shall be known as the Village of Tequesta, Florida. The territorial limits
of said municipality are defined as set forth below:
VILLAGE OF TEQUESTA
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTIONS 25, 26, 27, 35 AND 36, TOWNSHIP 40 SOUTH, RANGE
42 EAST, SECTIONS 29,30 AND 32, TOWNSHIP 40 SOUTH, RANGE 43 EAST, AND THE GOMEZ GRANT, PALM BEACH
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE WESTERLY ALONG THE NORTH LINE OF
SAID SECTION 26 TO THE CENTERLINE OF THE NORTH FORK OF THE LOXAHATCHEE RIVER AND THE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE OF THE NORTH FORK TO THE EAST -WEST QUARTER SECTION LINE
OF SAID SECTION 25; THENCE WESTERLY ALONG SAID QUARTER LINE TO THE EASTERLY
RIGHT-OF-WAY LINE OF GULFSTREAM DRIVE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO
THE NORTH LINE OF BERMUDA TERRACE, SECTION 1 AS RECORDED IN PLAT BOOK 25, PAGE 23, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS; THENCE WESTERLY ALONG SAID NORTH LINE OF BERMUDA TERRACE,
SECTION 1 AND ALONG THE NORTH LINE OF BERMUDA TERRACE, SECTION 2 AS RECORDED IN PLAT BOOK 25,
PAGE 68 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS AND ALSO ALONG THE NORTH LINE OF BERMUDA
TERRACE, SECTION 3 AS RECORDED IN PLAT BOOK 25, PAGE 198, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID BERMUDA TERRACE, SECTION 3 AND ALONG THE
WEST LINE OF SAID BERMUDA TERRACE SECTION 1 TO THE POINT OF CURVATURE OF A CURVE AT THE
SOUTHWEST CORNER OF LOT 1 OF SAID BERMUDA TERRACE SECTION 1; THENCE ALONG SAID CURVE TO ITS POINT
OF TANGENCY ON THE SOUTH LINE OF SAID BERMUDA TERRACE SECTION 1; THENCE EASTERLY ALONG SAID
SOUTH LINE TO THE EAST LINE OF SAID BERMUDA TERRACE SECTION 1; THENCE NORTHERLY ALONG THE EAST
LINE OF SAID BERMUDA TERRACE, SECTION 1,490.76 FEET; THENCE EASTERLY PARALLEL TO THE NORTH RIGHT-OF-
WAY LINE OF TEQUESTA DRIVE TO THE WEST LINE OF PINE TREE DRIVE; THENCE SOUTHERLY ALONG SAID WEST
LINE OF PINE TREE DRIVE TO A POINT 145.30 FEET NORTH OF SAID NORTH RIGHT-OF-WAY OF TEQUESTA DRIVE AS
MEASURED PARALLEL TO SAID WEST LINE OF SECTION 25; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF
GOVERNMENT LOT 5 OF SAID SECTION 25 TO THE CENTERLINE OF SAID NORTH FORK; THENCE NORTHERLY ALONG
SAID CENTERLINE TO THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF LOT 12, BLOCK 3,
RIVERSIDE ON THE LOXAHATCHEE AS RECORDED IN PLAT BOOK 9, PAGE 4, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS; THENCE SOUTHEASTERLY ALONG SAID NORTHWESTERLY EXTENSION AND ALONG SAID NORTHEASTERLY
LINE OF LOT 12 AND ALSO ALONG THE SOUTHEASTERLY EXTENSION
OF SAID NORTHEASTERLY LINE TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT -OF- WAY LINE TO THE NORTH LINE OF JUPITER IN THE
PINES, SECTION "B" AS RECORDED IN PLAT BOOK 26, PAGE 18, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS;
THENCE EASTERLY ALONG SAID NORTH LINE OF JUPITER IN THE PINES, SECTION "B" TO THE EAST LINE OF
RIVERSIDE PINES AS RECORDED IN PLAT BOOK 43, PAGES 18 AND 19 PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE OF RIVERSIDE PINES; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID RIVERSIDE PINES TO THE EASTERLY LINE OF RIVERSIDE DRIVE; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT-OF-WAY LINE TO THE SOUTH LINE OF A NOT INCLUDED TRACT BETWEEN PARCEL B AND
PARCEL C TEQUESTA PINES AS RECORDED IN PLAT BOOK 34, PAGES 84 THROUGH 89, PALM BEACH COUNTY,
Tequesta, Florida, Code of Ordinances
(Supp. No. 31, Update 1)
Created: 2021-03-03 16:47:57 [EST]
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Agenda Item #5.
FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID NOT INCLUDED TRACT; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID TRACT; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID TRACT TO THE EAST RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE NORTHERLY ALONG
SAID EAST RIGHT-OF-WAY LINE TO THE SOUTH LINE OF A NOT INCLUDED TRACT NORTH OF SAID PARCEL B;
THENCE EASTERLY ALONG SAID SOUTH LINE; THENCE NORTHERLY ALONG THE EAST LINE OF SAID TRACT; THENCE
WESTERLY ALONG THE NORTH LINE OF SAID TRACT TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE
DRIVE; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY
RIGHT-OF-WAY LINE TO THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 147 OF SAID TEQUESTA PINES;
THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST LINE OF LOTS 147, 146, AND 145;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 145 AND ALONG THE SOUTH LINE OF LOT 144 OF SAID
TEQUESTA PINES TO THE EAST LINE OF LOT 143 OF SAID TEQUESTA PINES; THENCE SOUTHERLY ALONG SAID EAST
LINE OF LOT 143 TO THE SOUTH LINE OF SAID LOT 143; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT
143 AND ALONG THE SOUTH LINE OF LOT 142 TO THE WEST LINE OF LOT 6 RIVER PINES AS RECORDED IN PLAT
BOOK 38, PAGES 15 AND 16, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHERLY ALONG SAID
WEST LINE OF LOT 6 TO THE WATERS OF THE NORTH FORK OF THE LOXAHATCHEE RIVER; THENCE
NORTHWESTERLY ALONG SAID WATERS TO THE NORTH -SOUTH QUARTER LINE OF SAID SECTION 25; THENCE
NORTHERLY ALONG SAID QUARTER SECTION LINE TO THE SOUTHEAST CORNER OF LOT 1, RIVER CREST, AS
RECORDED IN PLAT BOOK 21, PAGE 97, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE WESTERLY
ALONG THE SOUTH LINE OF LOTS 1 AND 2 OF SAID PLAT OF RIVER CREST TO THE INTERSECTION
WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH ALONG THE SAID WEST LINE TO THE INTERSECTION WITH
THE NORTH LINE OF LOT 3 OF SAID PLAT OF RIVER CREST; THENCE WEST ALONG SAID NORTH LINE TO THE
INTERSECTION WITH THE EAST LINE OF THE PLAT OF WINDSWEPT PINES, AS RECORDED IN PLAT BOOK 61, PAGES
130-131, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID EAST LINE OF
WINDSWEPT PINES TO THE INTERSECTION WITH THE SOUTH LINE OF WENDIMERE HEIGHTS, AS RECORDED IN
PLAT BOOK 40, PAGES 2 & 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID
SOUTH LINE OF WENDIMERE HEIGHTS TO THE INTERSECTION WITH THE EAST LINE OF SAID WENDIMERE HEIGHTS;
THENCE NORTHERLY ALONG SAID EAST LINE OF WENDIMERE HEIGHTS AND THE EAST LINE OF JUPITER RIDGE, AS
RECORDED IN PLAT BOOK 26, PAGE 106, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA TO THE
INTERSECTION WITH THE NORTH
LINE OF SAID SECTION 25; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 25 TO THE INTERSECTION
WITH THE WEST LINE OF THE EAST 150.00 FEET OF THE NORTH 190.00 FEET OF THE NORTHWEST QUARTER OF
SAID SECTION 25; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE INTERSECTION WITH THE SOUTH LINE OF
SAID EAST 150.00 FEET OF THE NORTH 190.00 FEET OF THE NORTHWEST QUARTER OF SECTION 25; THENCE
EASTERLY ALONG SAID SOUTH LINE TO THE INTERSECTION WITH THE EAST LINE OF SAID NORTHWEST QUARTER
OF SECTION 25; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 25; THENCE EASTERLY ALONG SAID NORTH LINE TO THE INTERSECTION WITH THE EAST
LINE OF THE PLAT OF CHAPEL COURT SECTION III, RECORDED IN PLAT BOOK 52, PAGES 40 AND 41, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID CHAPEL COURT SECTION
III TO THE NORTHWEST CORNER OF LOT 2, ACCORDING TO THE PLAT OF TEQUESTA PINES RECORDED IN PLAT
BOOK 34, PAGES 84 THROUGH 89, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG
THE BOUNDARY OF SAID TEQUESTA PINES TO THE NORTHEAST CORNER OF LOT 1 OF SAID TEQUESTA PINES;
THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE NORTH LINE OF LOT 112 OF SAID
TEQUESTA PINES; THENCE EASTERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE SOUTHWEST
CORNER OF LOT 19 OF SAID
TEQUESTA PINES; THENCE NORTHERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE SOUTH LINE OF LOT
12 OF SAID TEQUESTA PINES; THENCE WESTERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE
SOUTHWEST CORNER OF SAID LOT 12; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12 TO THE SOUTH
LINE OF LOT 11 OF SAID TEQUESTA PINES; THENCE WESTERLY ALONG SAID SOUTH LINE OF LOT 11 TO THE
(Supp. No. 31, Update 1)
Created: 2021-03-03 16:47:57 [EST]
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Page 78 of 91
Agenda Item #5.
SOUTHWEST CORNER OF LOT 11; THENCE NORTHERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE
CENTERLINE OF WINGO STREET ACCORDING TO SAID PLAT OF TEQUESTA PINES; THENCE EASTERLY ALONG SAID
CENTERLINE TO THE SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 5 OF SAID TEQUESTA PINES;
THENCE
NORTH-WESTERLY ALONG SAID SOUTHEASTERLY EXTENSION AND ALONG SAID WESTERLY LINE OF LOT 51 A
DISTANCE OF 140.97 FEET; THENCE AT AN ANGLE OF 112°45'20" AS MEASURED FROM SOUTHEASTERLY TO
WESTERLY ALONG THE BOUNDARY OF SAID LOT 51 A DISTANCE OF 43.38 FEET; THENCE NORTHEASTERLY ALONG
THE BOUNDARY OF LOT 51 A DISTANCE OF 82.65 FEET; THENCE NORTHEASTERLY ALONG THE BOUNDARY OF LOT 5
AND LOT 6 OF SAID TEQUESTA PINES TO THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA EAST COAST RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY FLORIDA; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF OLD
DIXIE HIGHWAY; THENCE NORTHWESTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID NORTHWEST
QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF TO THE EAST
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE
TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 330.0 FEET OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE INTERSECTION WITH THE WEST LINE
OF THE EAST 150.0 FEET OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY
ALONG SAID WEST LINE TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 30; THENCE EASTERLY
ALONG SAID NORTH LINE OF SECTION 30 TO THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1; THENCE
SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE WESTERLY
EXTENSION OF THE NORTH LINE OF BLOCK 1, ACCORDING TO THE PLAT OF JUPITER HEIGHTS, AS RECORDED IN
PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID
NORTH LINE, A DISTANCE OF 146.66 FEET TO THE WEST LINE OF LOT 8, OF SAID BLOCK 1; THENCE SOUTHERLY
ALONG SAID WEST LINE OF LOT 81 A DISTANCE OF 127.20 FEET TO THE SOUTH LINE OF SAID BLOCK 1; THENCE
WESTERLY ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION 140.00 FEET TO THE INTERSECTION WITH THE
EASTERLY
RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY ONE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE
A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE NORTH LINE OF BLOCK 2 AND ITS WESTERLY
EXTENSION, OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG SAID NORTH LINE AND ITS WESTERLY
EXTENSION, A DISTANCE OF 140.00 FEET TO THE WEST LINE OF LOT 14 OF SAID BLOCK 2; THENCE SOUTHERLY
ALONG THE WEST LINE OF LOT 14 AND 23, OF SAID BLOCK 2, A DISTANCE OF
260.00 FEET TO THE SOUTH LINE OF SAID BLOCK 2; THENCE WESTERLY ALONG SAID SOUTH LINE AND ITS
WESTERLY EXTENSION, A DISTANCE OF 140.00 FEET TO SAID EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY ONE;
THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 40.00 FEET TO THE NORTH LINE
OF BLOCK 3 AND ITS WESTERLY EXTENSION OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG SAID
NORTH LINE OF BLOCK 3 AND ITS WESTERLY EXTENSION, A DISTANCE OF 190.00 FEET TO THE EAST LINE OF LOT 13,
OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST
LINE OF LOTS 13 AND 25, OF SAID BLOCK 3, A DISTANCE OF 240.00 FEET TO THE SOUTH LINE OF SAID BLOCK 3;
THENCE WESTERLY ALONG SAID SOUTH LINE OF BLOCK 3, AND ITS WESTERLY EXTENSION, A DISTANCE OF 50.00
FEET TO THE WEST LINE OF SAID LOT 25; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE WEST
LINE OF SAID LOT 25,500 FEET TO THE SOUTHWEST CORNER OF LOT 20, BLOCK 5; THENCE WESTERLY ALONG THE
EXTENSION OF THE SOUTH LINE OF SAID LOT 20, ALONG THE SOUTH LINE OF LOT 9, BLOCK 5 AND ITS WESTERLY
EXTENSION, 140.00 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1; THENCE
SOUTHEASTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 3, SECTION 30,
TOWNSHIP 40S, RANGE 43E; THENCE EASTERLY ALONG SAID NORTH LINE OF GOVERNMENT LOT 3 TO THE
(Supp. No. 31, Update 1)
Created: 2021-03-03 16:47:57 [EST]
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Agenda Item #5.
INTERSECTION WITH THE EAST LINE OF THE WESTERLY 373.13 FEET OF SAID GOVERNMENT LOT 3, AS MEASURED
ALONG SAID NORTH LINE; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTH LINE OF GOVERNMENT LOT 3
TO THE INTERSECTION WITH THE NORTH LINE OF KEY WEST VILLAGE AS RECORDED IN PLAT BOOK 65, PAGES 103
THROUGH 105 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE OF
KEY WEST VILLAGE AND ALONG ITS EASTERLY EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL
WATERWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE SOUTH
LINE OF LOT 183, GOMEZ GRANT AND JUPITER ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 80, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION OF SAID LOT 183 AND
ALONG SAID SOUTH LINE OF LOT 183 TO THE WATERS OF THE ATLANTIC OCEAN; THENCE SOUTHEASTERLY ALONG
SAID WATERS TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 100 FEET OF LOT 187, ACCORDING TO
THE PLAT OF GOMEZ GRANT AND JUPITER ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 80, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS WITH THE WATERS OF THE ATLANTIC OCEAN; THENCE WESTERLY ALONG SAID
SOUTH LINE AND ITS WESTERLY EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE
SOUTHEASTERLY ALONG SAID CENTERLINE TO A LINE 1157.52 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH
LINE OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY
ALONG SAID PARALLEL LINE TO A LINE 263 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY ONE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO A LINE 150 FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 30; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO A LINE
820 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF LOT 195 OF SAID JUPITER ISLAND AND GOMEZ
GRANT; THENCE EASTERLY ALONG SAID PARALLEL LINE TO SAID WATERS OF THE ATLANTIC OCEAN; THENCE
SOUTHEASTERLY ALONG THE WATERS OF THE ATLANTIC OCEAN, TO AN INTERSECTION WITH THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 1, JUPITER INLET BEACH COLONY, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 24, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY
ALONG THE NORTH LINE OF SAID LOT 1 AND THE EASTERLY AND WESTERLY EXTENSION THEREOF TO THE
NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF COLONY ROAD; THENCE SOUTHERLY ALONG
SAID NORTHERLY EXTENSION AND ALONG THE EAST LINE OF LOT "B" OF SAID JUPITER INLET BEACH COLONY TO
THE POINT OF CURVATURE OF A CURVE AT THE SOUTHEAST CORNER OF SAID LOT "B"; THENCE ALONG THE ARC
OF SAID CURVE TO THE POINT OF TANGENCY OF SAID CURVE AND THE SOUTH LINE OF SAID LOT "B"; THENCE
WESTERLY ALONG SAID SOUTH LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY;
THENCE NORTHERLY ALONG SAID INTRACOASTAL WATERWAY EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 308
FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF STATE ROAD NO. 707; THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
STATE ROAD NO. 707 (A-1-A) AND ITS WESTERLY EXTENSION, TO ITS INTERSECTION WITH THE NORTH -SOUTH
QUARTER SECTION LINE OF SAID SECTION 31; THENCE NORTHERLY ALONG SAID NORTH -SOUTH QUARTER -SECTION
LINE; TO THE SOUTH LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTION 30, TO
THE SOUTHEAST CORNER OF SAID SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE WESTERLY ALONG
THE SOUTH LINE OF SECTION 25 TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 25; THENCE NORTHERLY ALONG SAID WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER, A
DISTANCE OF 220 FEET; THENCE WESTERLY AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 25 TO A POINT IN
THE EASTERLY RIGHT-OF-WAY OF AFORESAID RIVERSIDE DRIVE; THENCE SOUTHEASTERLY ALONG THE EASTERLY
RIGHT -OF-WAY LINE OF SAID RIVERSIDE DRIVE, TO THE SOUTH LINE OF SAID SECTION 25; THENCE WESTERLY
ALONG THE SOUTH LINE OF SECTION 25, TO A POINT IN THE CENTERLINE OF THE NORTH FORK OF THE
LOXAHATCHEE RIVER; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF THE
NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 243,
PAGE 235 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS WITH THE CENTERLINE OF THE NORTH FORK OF
THE LOXAHATCHEE RIVER; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION AND ALONG SAID
NORTHWESTERLY LINE TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF POINT DRIVE; THENCE SOUTHEASTERLY
ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHEASTERLY LINE OF JUPITER MANORS, SECTION ONE, AS
RECORDED IN PLAT BOOK 12, PAGE 38, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE
(Supp. No. 31, Update 1)
Created: 2021-03-03 16:47:57 [EST]
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Agenda Item #5.
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND ALONG ITS SOUTHWESTERLY EXTENSION TO THE
CENTERLINE OF THE NORTHWEST FORK OF THE LOXAHATCHEE RIVER; THENCE ALONG SAID CENTERLINE OF THE
NORTHWEST FORK TO THE NORTH LINE OF SECTION 27, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE EASTERLY
ALONG SAID NORTH LINE OF SECTION 27 AND ALONG THE NORTH LINE OF SECTION 26, TOWNSHIP 40 SOUTH,
RANGE 42 EAST TO THE CENTERLINE OF THE NORTH FORK OF THE LOXAHATCHEE RIVER AND THE POINT OF
BEGINNING.
(Rev. 11-21-2017)
(Ord. No. 23-17, § 1, 1-18-2018)
Section 1.02. Form of Government.
The municipal government provided hereby shall be a Village Council -Manager government. Subject only to
the limitations imposed by the constitution and laws of this state and by this Charter, all powers of the Village shall
be vested in an elective Council, hereinafter referred to as the Village Council, which shall enact local legislation,
adopt budgets, determine policies, and appoint a Village Manager as hereinafter prescribed. Except as limited in
this Charter, the Village Manager shall execute the policies and laws and administer the government of the Village.
All powers of the Village shall be exercised in the manner provided by this Charter, or if the manner be not
provided then in such manner as may be set forth by ordinance.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
ARTICLE II, THE VILLAGE COUNCIL
Section 2.01. Selection, Term and Compensation.
The Village Council of the Village of Tequesta shall consist of five (5) members who shall be elected at large
to Seats 1, 21 31 4 and 5. The Councilmembers in Seats 1, 3 and 5 shall be elected in the even years, and the
Councilmembers in Seats 2 and 4 shall be elected in the odd years. The election shall be held on the second
Tuesday in March of each year. Only qualified electors, as prescribed by Florida law, shall be entitled to vote at
such elections.
The term of office of each Councilmember shall commence at the next Council meeting subsequent to the
date of the Councilmember's election and shall continue for two (2) years thereafter and/or until the
Councilmember's successor is elected and qualified.
Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance; provided,
however, a Councilmember shall not be entitled to any increase in salary adopted during the term for which such
Councilmember was elected.
The candidate for each seat receiving the highest number of votes cast for such office shall be deemed
elected to such office regardless of whether or not such candidate shall have received a majority of votes cast. In
the event of a tie vote between the candidates receiving the highest number of votes cast for any office, the
names of all tied candidates shall be placed on the ballot and shall be voted upon at an ensuing runoff election to
be held on the fourth (4th) Tuesday in March. Such election shall be held in the same manner and by the same
election officials holding the previous election.
(Ord. No. 622-07/08, § 1, 12-13-2007/3-11-2008)
(Supp. No. 31, Update 1)
Created: 2021-03-03 16:47:57 [EST]
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Agenda Item #5.
Section 2.02. Qualifications and Disqualifications.
No person shall be eligible to hold any elective office of the Village unless said person shall be a registered
voter and resident of the Village. Any Village Councilmember who ceases to possess these qualifications shall
forthwith forfeit his or her office.
Any candidate seeking election as Councilmember shall file with the Village Clerk a written notice to such
effect from and including noon on the first Tuesday in December to and including noon on the third Tuesday in
December in the year immediately preceding the election, and shall pay such filing fee as set by ordinance. For
example, in order to qualify for the 2018 Village Council election, candidates must qualify between noon on the
first Tuesday of December, 2017 and noon on the third Tuesday of December, 2017). Such notice shall be signed by
at least fifty (50) registered voters of the Village of Tequesta and shall state the seat number to which said
candidate seeks to be elected, the candidate's place of residence, the candidate's age and any other data required
by law.
(Ord. No. 622-07/08, § 1, 12-13-2007/3-11-2008; Ord. No. 4-17, § 21 6-8-2017)
Section 2.03.Oath of Office.
Each Councilmember, before entering upon the discharge of the duties of office, shall take and subscribe the
following oath before the Village Manager or presiding officer of the Council, viz:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government of
the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true
faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that
I will faithfully perform all the duties of the office of _ on which I am about to enter so help me
God."
Section 2.04. Removal/Recall.
Any or all members of the Village Council may be removed or recalled from office in accordance with
procedures established by Florida law.
Section 2.05. Vacancies and Forfeiture of Office.
A. Vacancies. In the event of a vacancy on the Village Council because of death, resignation, removal from or
forfeiture of office, and the period of vacancy is to be more than six (6) months, the Village Council shall
provide for a special election to fill the vacancy until the expiration of the term. If the period of vacancy is to
be for a period of less than six (6) months but more than three (3) months, then the Village Council may
appoint a substitute to fill the vacancy until the expiration of the term. If the period of vacancy is to be for a
period of less than three (3) months, no appointment shall be made and the position shall remain open until
the expiration of the term. The criteria for selection of substitute Councilmembers pursuant to the terms of
this provision shall be established by ordinance.
B. Forfeiture of Office. A Councilmember shall forfeit his/her office if he/she:
1. lacks, at any time during the term of office, any qualifications for the office prescribed by this charter
or by law; or
2. is convicted of a felony during the term of office; or
3. fails to take and subscribe to the oath of office as provided in Section 2.03 of this Charter within thirty
(30) days from the commencement of the term of office; or
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4. misses six (6) regularly scheduled monthly meetings (not to include special meetings or workshops) in
any twelve month period.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 2.06. Mayor and Successors.
The Village Council at its first regular meeting subsequent to the date of the annual election of Village
Councilmembers shall appoint one of its members as and to be Mayor of said municipality and another of its
members as and to be Vice -Mayor. Said officers shall serve at the pleasure of the Council for one (1) year and/or
until a successor shall be appointed and qualified. The Mayor shall preside at all meetings; shall be recognized by
the courts for the purpose of military law; and shall, execute all instruments to which the Village is a party, as
approved by vote of the Village Council, unless otherwise provided hereby or by ordinance; but the Mayor shall
have no administrative duties. The Vice -Mayor shall act as Mayor during the absence or disability of the Mayor.
Section 2.07. Appointment of Legal Counsel.
The Village Council shall appoint a Village Attorney to serve at the pleasure of the Council and to act as legal
advisor to the Village.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 2.08. Meetings.
The Village Council shall determine the time and place for holding its meetings provided, however, it shall
meet at least once per month.
Special meetings shall be held when called by the Mayor, Manager, or independently by any two (2)
members of the Village Council. The amount of notice for special meetings shall be determined by the Village
Council by ordinance.
Section 2.09. Quorum.
A majority of the members of the Council shall constitute a quorum to do business, but no action shall be
taken except to adjourn, when only three (3) members are present unless their votes are unanimous; provided,
however, in the event of a vacancy of two (2) members of the Village Council, under the provisions of Section 2.05,
then and in that event a majority of the remaining members of the Council may act. A majority of those present
may adjourn from time to time and compel the attendance of absent members in such a manner and under such
penalties as may be prescribed by ordinance. No member shall be excused from voting except as determined by
Florida Law.
Section 2.10.Ordinances and Resolutions.
The adoption of ordinances and resolutions shall be as prescribed by Florida law.
Section 2.11. Electors and Elections.
Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections and as
may be prescribed by ordinance of the Village in matters not preempted by said law.
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Section 2.12. Interference With the Administrative Department.
Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any
Village employee. The Council shall have the power to remove the Village Manager as provided by this Charter and
may express its views and discuss all matters with the Manager. Except for the purpose of investigations
authorized by the Village Council, the Council and its members shall deal with Village employees solely through the
Manager and neither the Council nor its members shall give orders to any such officials or employees, either
publicly or privately.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
ARTICLE III, VILLAGE ADMINISTRATION
Section 3.01. Village Administration Defined.
Village administration shall include a Village Manager, a Village Clerk and such other department heads as
may be provided for by this Charter, Florida law or by vote of the Village Council.
Section 3.02. The Village Manager —Appointment, Removal, Qualifications, Vacancy.
The Village Council shall appoint a Village Manager who shall serve at the pleasure of the Council and who
shall be the Chief Administrator under the direction and supervision of the Village Council. The Manager shall be
chosen by the Council solely on the basis of his or her administrative and executive qualifications.
The Village Manager shall be appointed by affirmative vote of at least four (4) members of the Council, and
must be removed by a like vote of said Council.
A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by either
temporary or permanent appointment by the Village Council at a regular or special Council meeting within thirty
(30) days of the creation of the vacancy.
Section 3.03. Village Manager —Functions and Powers.
The Village Manager shall be the supervisor and manager of all public business and affairs of the Village, but
shall be responsible to the Village Council for the administration of all the affairs of the Village coming under the
Village Manager's jurisdiction. The Village Manager's powers and duties shall be as follows:
(1) To see that all terms and conditions imposed in favor of the Village or its inhabitants in any public
utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof to call
the same to the attention of the Village Council.
(2) To supervise the management and control of all public utilities owned by the Village and be charged
with the management and operations of, all public works and departments in accordance with the
ordinances or resolutions of the Village Council.
(3) To be responsible for the supervision of all departments of the Village and to see that the laws and
ordinances of the Village are enforced.
(4) To attend all meetings of the Village Council and of its committees, if requested, with the right to take
part in the discussion but without having a vote, and to file at the regular meetings of the Village
Council in each month a report of the Village Manager's actions during the preceding month in a form
as directed by vote of the Village Council.
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(5) To recommend to the Council for adoption such measures as the Village Manager may deem necessary
or expedient in the interests of the Village, to keep the Village Council fully advised as to the financial
condition and needs of the Village, and to submit for its consideration an annual budget.
(6) To appoint, and when deemed necessary for the good of the Village, suspend or remove any Village
employee and/or department head provided for, by, or under this Charter, or by ordinance, except as
otherwise provided by Florida law, this Charter or personnel rules adopted by ordinance or resolution.
The Village Manager may authorize any department head to exercise these powers with respect to
subordinates in that department.
(7) To direct and manage the activities of all Village staff in protecting the lives and property of Village
residents during periods of natural or man made disaster or civil strife whenever such emergency
might occur.
(8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve
all purchase orders for the payment of same. In the capacity of purchasing agent the Village Manager
shall conduct all sales of personal property which the Council may authorize to be sold as having
become unnecessary or unfit for Village use. All purchases and sales shall conform to such regulations
as the Village Council may from time to time prescribe.
(9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor;
provided, however, that no such contract shall obligate the Village for a sum greater than allowed by
ordinance, and provided, further, that such contracts shall be presented to the Village Council at the
next regular meeting after the execution or awarding thereof for action thereon by the Village Council.
(10) To prepare and submit to the Village Council, within ninety (90) days after the close of each fiscal year,
a complete report of the operation and business of the Village for the preceding fiscal year.
Section 3.04. The Village Clerk.
The Village Clerk shall be appointed by the Village Manager and function under the supervision and direction
of the Village Manager. The Village Clerk shall be present at all meetings of the Council and shall keep a record of
the proceedings of the Council in a minute book to be provided and kept for that purpose. The Clerk shall preserve
and maintain an ordinance book for the recording and preservation of all duly adopted ordinances, and shall
preserve and maintain a resolution book to be provided and kept for that purpose, the Ordinance Book and
Resolution Book to be deemed public records. Copies from said Minute Book, Ordinance Book or Resolution Book,
duly certified by the Village Clerk under the corporate seal of the Village, shall be received in evidence in all Courts
and places in proof thereof.
The Village Clerk shall conduct functions relating to elections as prescribed by Florida law and/or Village
ordinance and shall, in addition to the duties which are or may be required of the Village Clerk, by this Charter or
by Florida law, have the custody of all the general records, books and documents of the Village, and shall perform
such further duties as are imposed upon the Village Clerk by the Village Manager.
Section 3.05. Department Heads.
There shall be separate departments as established by the Village Council by ordinance upon
recommendation of the Village Manager. Each separate department head shall be appointed by the Village
Manager. Each department shall be subject to the general supervision and direction by the Village Manager, but
shall be directly supervised and directed by the person in charge thereof, who shall have the title appropriate of
the functions of his or her department.
(Supp. No. 31, Update 1)
ARTICLE IV, MUNICIPAL POWERS
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Section 4.01. General Powers.
The Village of Tequesta, Florida, shall constitute a body politic and corporate and as such shall have
perpetual existence and shall have all powers possible under the Florida Constitution and under Florida law,
together with the implied power necessary to carry out all the powers granted, as fully and completely as though
they are specifically enumerated in this Charter unless prohibited by or contrary to the provisions of this Charter.
The powers of the Village under this Charter shall be construed liberally in favor of the Village.
Section 4.02. Annexation of Contiguous Territory.
If the Village of Tequesta shall desire to change its territorial limits, either by annexation or contraction it
shall do so in the manner prescribed by Florida law.
ARTICLE V. TAXATION
Section 5.01. Powers of Village Council.
The Village Council shall have power to raise money by taxation for the following uses and purposes:
(1) For the general and incidental expenses of the Village government.
(2) For lighting the public buildings, streets and other public places.
(3) For the support and maintenance of a police department.
(4) For the support and maintenance of a fire department.
(5) For the support and maintenance of a water department; including a supply of water for the use of
Village and its inhabitants, water for the extinguishing of fires, water for public buildings and for other
public purposes.
(6) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places.
(7) For the care, preservation and repair of public buildings.
(8) For the support of any charitable purpose designated by the Village Council.
(9) For the payment of interest on the public debt and for the payment of the principal of the public debt,
as the same becomes due and payable.
(10) For sinking fund payments required to be made under the provisions of any ordinance, resolution or
other competent authority.
(11) For the acquisition of land or any interest therein, within or without the territorial limits of the Village,
for any public or municipal use.
(12) For the construction, alteration, repair or equipment of any building for a public or municipal use.
(13) For the protection of the public health.
(14) For the enforcement of the ordinances of the Village.
(15) For the construction and repair of sewers, drains and drainage ditches.
(16) For the planting and care of shade or ornamental trees or plants.
(17) The purpose of paying any note or other obligation of the Village, with the interest.
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(18) For maintenance of a sewage system and for the disposal of garbage or other refuse.
(19) For the acquisition of land necessary for any street, park or other public place and of any land or
interest therein required or necessary for the construction of any sewer, drain or other public work.
(20) For the construction and maintenance of street and other local improvements.
(21) For the acquisition, construction, maintenance and operation of any public or municipal plant to supply
the Village and its inhabitants with water, gas, electricity or other utility service.
(22) For any public, corporate or municipal purpose.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 5.02. Limitations.
Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in the form of
general obligation bonds or assessment bonds, or both, shall never in the aggregate exceed 10% of the assessed
value of taxable real property within the Village at the time the indebtedness or indebtednesses are incurred.
Section 5.03. Tax Assessment; Levy and Collection.
The method of assessing taxes; levy and collection shall be as prescribed by Florida law.
ARTICLE VI, INITIATIVE AND REFERENDUM
Section 6.01. Power of Initiative.
The electors shall have power to propose any ordinance, except an ordinance appropriating money or
authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the
initiative. Any initiated ordinance may be submitted to the Village Council by a petition signed by registered voters
of the Village, as certified by the Palm Beach County Supervisor of Election's office, equal in number to ten (10)
percent of the registered voters of the Village of Tequesta.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 6.02. Power of Referendum.
The electors shall have power to approve or reject at the polls any ordinance passed by the Village Council,
except an ordinance appropriating money or authorizing the levy of taxes, or submitted by the Village Council to a
vote of the electors, such power being known as the referendum. Ordinances submitted to the Village Council by
initiative petition and passed by the Village Council without change shall be subject to the referendum in the same
manner as other ordinances. Within thirty (30) days after the enactment by the Village Council of any ordinance
which is subject to a referendum, a petition signed by registered voters of the Village, as certified by the Palm
Beach County Supervisor of Election's office, equal in number to ten (10) percent of the voters registered at the
last Village election may be filed with the Village Clerk requesting that any such ordinance be either repealed or
submitted to a vote of the electors. Such an ordinance shall be termed the "referred ordinance."
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
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Section 6.03. Form of Petitions.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style.
The person(s) or group attempting to circulate a petition shall register their name and address with the Village
Clerk before starting to circulate the petition. Initiative petition papers shall contain the full text of the proposed
ordinance. Referendum petitions shall state the title and number of the ordinance to be repealed or submitted for
a vote of the electors. The signatures to initiative or referendum petitions need not all be appended to one paper.
Each signer of any such petition paper shall sign his or her name in ink or indelible pencil and shall indicate after his
or her name his or her place of residence by street and number, or other description sufficient to identify the
place. Attached to each group of papers there shall be an affidavit of the person(s) circulating the petition that he
or she, and he or she only, personally circulated the foregoing paper, that it bears a stated number of signatures,
that all the signatures appended thereto were made in his or her presence, and that he or she believes them to be
the signatures of the persons whose names they purport to be.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 6.04. Filing, Examination and Certification of Petitions.
All petition papers shall be assembled and filed with the Village Clerk as one instrument. Within ten (10)
business days after a petition is filed, the Village Clerk shall determine whether each group of papers of the
petition has a proper statement of the person(s) circulating the petition and whether the petition is signed by a
sufficient number of qualified electors. The Village Clerk shall declare any group of papers entirely invalid which
does not have attached thereto the required affidavit signed by the person(s) circulating the petition. If a petition
is found to be signed by more persons than the number of signatures certified by the person(s) circulating the
petition, the last signatures in excess of the number certified shall be disregarded. If a petition is found to be
signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds.
After completing examination of the petition, the Village Clerk shall within three (3) days certify the result thereof
in writing to the individual members of the Village Council. If the Village Clerk shall certify that the petition is
insufficient the Village Clerk shall set forth in a certificate the particulars in which it is defective and shall at once
notify the persons circulating the petitions of the findings.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 6.05. Amendment of Petitions.
An initiative or referendum petition may be amended at any time within ten (10) business days after the
notification of insufficiency has been sent by the Village Clerk, by filing a supplementary petition upon additional
papers signed and filed as provided in case of an original petition. The Village Clerk shall, within five (5) business
days after such an amendment is filed, make examination of the amended petition, and, if the petition be still
insufficient, the Village Clerk shall file a certificate to that effect in the Village Clerk's office and notify the persons
who circulated the petitions of such findings and no further action shall be had on such insufficient petition. The
finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 6.06. Effect of Certification of Referendum Petition.
When a referendum petition, or amended petition, as defined in Section 6.05 of this Charter, has been
certified as sufficient by the Village Clerk, the ordinance specified in the petition shall not go into effect, or further
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action thereunder shall be suspended as of the date of the certification if it shall have gone into effect, until and
unless approved by the electors, as hereinafter provided.
Section 6.07. Consideration by Village Council.
Whenever the Village Council receives a certification of an initiative or referendum petition from the Village
Clerk, it shall proceed within the next thirty (30) days or at the next Village Council meeting, whichever is sooner,
to consider such petition.
A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the
proposed ordinance. The Village Council shall take final action on the initiative ordinance not later than sixty (60)
days after the date on which such ordinance was certified to the Village Council by the Village Clerk.
A referred ordinance shall be reconsidered by the Village Council at the next Village Council meeting
following certification and the Village Council shall within sixty (60) days make its final vote upon such
reconsideration by determining the question, "Shall the ordinance specified in the referendum petition be
repealed?"
(Ord. No. 622-07/08, § 1, 12-13-2007/3-11-2008)
Section 6.08. Submission to Electors.
If the Village Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form
different from that set forth in the petition therefore [therefor], or if the Village Council fails to repeal a referred
ordinance, the proposed or referred ordinance shall be submitted to the electors not less than sixty (60) days nor
more than four (4) months from the date the Village Council takes its final vote thereon. The Village Council shall, if
no regular election is to be held within such period, provide for a special election.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 6.09. Form of Ballot for Initiated and Referred Ordinances.
Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions
shall be submitted by ballot. The ballot title may be different from the legal title of any such initiated or referred
ordinance, but the ballot shall contain a clear, concise statement, without argument or prejudice, descriptive of
the substance of such ordinance. The ballot used in voting upon any ordinance, shall have after the concise
statement the following propositions, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE
ORDINANCE."
Section 6.10. Availability of list of Qualified Electors.
If any organization, person or group requests the list of qualified electors for the purpose of circulating
descriptive matter relating to an ordinance to be voted on, the Village Clerk having custody of such list shall furnish
same. For this service the requesting party or parties shall pay a fee to be established by the Village Council.
Section 6.11. Result of Elections.
If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall
thereupon be an ordinance of the Village. A referred ordinance which is not approved by a majority of the electors
voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the
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same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
Section 6.12. Repealing Ordinances; Posting.
Initiative and referendum ordinances adopted or approved by the electors shall be posted, and may be
amended or repealed by the Village Council, as in the case of other ordinances.
ARTICLE VII, MISCELLANEOUS PROVISIONS
Section 7.01. Constitutionality.
In case any one or more of the sections or provisions of this Charter or the application of such sections or
provisions to any situation shall for any reason be held unconstitutional, such unconstitutionality shall not affect
any other sections or provisions of this Charter or the application of such sections or provisions as to any other
situation and it is intended that this law shall be construed and applied as if such unconstitutional section or
provisions had not been included herein.
Section 7.02. Public Meetings.
All meetings of the Council shall be open to the public pursuant to the provisions of Florida law.
(Ord. No. 622-07/08, § 11 12-13-2007/3-11-2008)
Section 7.03. Conflict of Interest.
No Councilmember shall be employed by the Village until one (1) year after the expiration of the term for
which the Councilmember was elected to the Council.
The provisions set forth in the State of Florida Code of Ethics for public officers and employees shall govern in
all matters relating to conflict of interest or financial disclosure and the effect of same on the proper discharge of a
Councilmember's duties in the public interest.
Section 7.04. Effect of this Charter.
All laws and parts of laws relating to or affecting the Village in force when this Charter shall take effect are
hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter
but, insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in
force when this Charter shall take effect relating to or affecting the Village, the provisions of this Charter are
intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so
construed and applied.
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of the sections of the basic Charter and any amendments thereto.
Ordinance
Adopted
Referendum
Section
Section
Number
Date
Date
this Charter
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PART I - CHARTER
CHARTER COMPARATIVE TABLE ORDINANCES
530
9-27-2001
12- 4-2001
1-111
1
arts. I —VI I
1
3-30-2005
7.04
622-07/08
12-13-2007
3-11-2008
1
1.02
2.01
2.02
2.05
Added
2.07
Rnbd
2.07-2.11
as
2.08-2.12
5.01
6.01
6.02
6.03
6.04
6.05
6.07
6.08
7.02
App. A
3-26-2008
App. A
9-25-2008
App. A
4- 9-2009
App. A
4-17
6- 8-2017
2
2.02
23-17
1 1-18-2018
1
1 1
1 1.01
Tequesta, Florida, Code of Ordinances
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