HomeMy WebLinkAboutDocumentation_Charter Review_Tab 02_10/13/2021Agenda Item #2.
Charter Review Board
STAFF MEMO
Meeting: Charter Review Board - Oct 13 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
1
Discussion on Legal's Charter Working Document from 10/6/21 Meeting (Backup to Follow)
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Charter Working Document 10-6-21
Page 7 of 33
Agenda Item #2.
PART I - CHARTER
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
Commented [KD1]: No text changes to Article I
recommended by Charter Review Committee. One
graphic recommendation to add a map depicting the
legal description in Section 1.01 - September 15, 2021
meeting.
Page 8 of 33
Agenda Item #2.
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, 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
Page 9 of 33
Agenda Item #2.
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 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 5, 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 5, A DISTANCE OF
43.38 FEET; THENCE NORTHEASTERLY ALONG THE BOUNDARY OF LOT 5, 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 SOUTHERLYALONG SAID WEST LINE OF LOT 8, 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
Page 10 of 33
Agenda Item #2.
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 131 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
FEETTO THE WEST LINE OF SAID LOT 25; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE
WEST LINE OF SAID LOT 251 500 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 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 ATTHE 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
Page 11 of 33
Agenda Item #2.
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 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.
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.
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, 2, 3, 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
Page 12 of 33
Agenda Item #2.
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.
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.
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.
Page 13 of 33
Agenda Item #2.
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
4. misses six (6) regularly scheduled monthly meetings (not to include special meetings or workshops) in
any twelve-month period.
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.
Section 2.08. - Meetings.
All meetings of the Council shall be open to the public pursuant to the provisions of Florida law. Commented [KD2]: Recommend relocating this
The Village Council shall determine the time and place for holding its meetings provided, however, it shall section from Article VII —September 15, 2021meeting.
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.
Page 14 of 33
Agenda Item #2.
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.
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.
[Section 2.13. — Former Councilmembers: Conflicts of Interest: Lobbying Activities.
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.
No Village of Teauesta Councilmember shall represent another person or entity for compensation before
the Village Council for a period of two years after vacating their office of Councilmember. Commented [KD3]: Recommend relocating this
section From Article VII, and adding statutory
ARTICLE III. -VILLAGE ADMINISTRATION language regarding 2-year prohibition on lobbying for
Section 3.01. - Village Administration Defined. former elected officials —September 15, 2021
meeting.
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.
Page 15 of 33
Agenda Item #2.
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.
(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.
Page 16 of 33
Agenda Item #2.
(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.
ARTICLE IV. - MUNICIPAL POWERSI_______________________________
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.
Commented [KD4]: No changes to Article IV
recommended by Charter Review Committee. -
September 15, 2021 meeting.
Page 17 of 33
Agenda Item #2.
ARTICLE V. - TAXATION
,Section 5.01. -Powers of Village Council.
---------------------
Commented [KD5]: There have been no substantive
changes to this section. The various line items have
The Village Council shall have power to raise money by taxation for the following public, corporateand
been re -organized and generally been within the
municipal uses and purposes:
list by subject matter.
(1) For the general and incidental expenses of the Village government.
(2) 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 FeF lightiRg the publie bu eets, and etheF ublie plaees.
(3) For sinking fund payments required to be made under the Drovisions of any ordinance, resolution or
other competent authority .
(4) The purpose of paying any note or other obligation of the Village, with the interest FeF the suppert
'a"1maintenanEe of a fire depaFtme4.
(5) For the support of any charitable purpose designated by the Village Council
inhabitants,
(6) For the acquisition of land or any interest therein, within or without the territorial limits of the Village.
for any public or municipal usehighways
and ether publiE places.
(7) 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 F-e-r
(8) 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
any eharitable puicpese designated by the Village Ceun-M.
(9) For the construction and repair of sewers, drains and drainage ditches Fer the payment of interest en
payable.
(10) For the construction, alteration, repair, or equipment of any building for a public or municipal use fef
(11) For the construction and maintenance of street and other local improvements
land interest theicein, the teFFiterial lingits the Village, feF
er any within er witheut ef any publie e.F
il use.
(12) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places fef
Page 18 of 33
Agenda Item #2.
(13) 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 .
(14) For maintenance of a sewage system and for the disposal of garbage or other refuse FeF the
(15) For lighting the public buildings, streets, and other public places
sewers, drains and dFainage ditehe-s.
(16) For the care, preservation, and repair of public buildings Fer the planting and EaFe of shade eF
(17) For the planting and care of shade or ornamental trees or plants
etheFebligatien ef the Village, with the interest.
(18) For the support and maintenance of a police department
(19) For the support and maintenance of a fire department
(20) For the protection of the public health rer the eenstFuet„ n and maintenance of st et and etherleeaT
(21) For the enforcement of the ordinances of the Village ,
and epeFatien ef any publi, Eipal plant te supply the Village and with wateF, ga57
eieEtFiEity, eF ether tility J%-1
22 For any other public, corporate,, or municipal ur ose
Section 5.02. - Limitations.
,Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in the form
of general obligation bonds, e-r assessment bonds, or any other bond or indebtedness authorized by
general or special law bet v, including any combination of any such bonds or other forms of indebtedness,
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 such ordinance(s) theL me at the polls, such power
being known as the initiative. Any initiated ordinance may be submitted to the Village Council by a petition
Commented [KD6]: Suggest leaving this language
in. A "catch all" in this category is important; arguably
more important than the itemized list of 1-21.
Commented [KD7]: Technically, an "assessment
bond" is something that could occur IF the Village
created a community development district under Ch.
190 F.S. I have proposed the added language in this
section as a bigger "catch-all" net for the Board to
discuss and offer further direction upon.
direction, we have made only minor edits to this
Article.
In my opinion, the Charter is not the appropriate
document to discuss paper vs. electronic documents.
THAT is an operational matter that needs to be fluid
and able to be manipulated at the staff level.
Page 19 of 33
Agenda Item #2.
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 Lat the last
Village election. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented [KD9]: Added for consistency of
terminology with Section 6.02 below.
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."
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
are not required to nre-- -et 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.
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 en 10 wee-(3) business clays _certify -- the_ resu_It thereof__in__writi_ng__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.
Commented [KD10]: Per request of the Village
Clerk, and edited for internal consistency.
Page 20 of 33
Agenda Item #2.
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 (the "amended petition")� signed and filed as provided in case of an original petition.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Village Clerk shall, within ten 10 f"� 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 amended
petitions of such findings, and no further action shall be had on such insufficient amended petition. The
finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same
purpose.
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 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 regularly scheduled 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 at such public
hearing 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 initially reconsidered by the Village Council at the next regularly scheduled
Village Council meeting following certification and the Village Council shall thereafter, and within sixty
(60) days of such initial reconsideration, make its final vote upon such reconsideration by determining the
question, "Shall the ordinance specified in the referendum petition be repealed?"
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 at the next
regular, general municipal election net less than sixty (60) days neF n9ere than feUF (4) Fnenths fFeng the
date the Village Ceuneil takes its final vete . The Village Council shall, if no regular ,.e election
is to be held within sueh peFied, provide for a special election, subject to consent of the Palm Beach County
Supervisor of Elections as required by law.
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
Commented [KD11]: Added for consistency of
terminology with Section 6.06 below.
Commented [KD12]: Per request of the Village
Clerk.
--[Commented [KD13]: Some suggested language to
attempt to clarify this process.
(Commented [KD14]: See F.S. Sec. 100.151.
Page 21 of 33
Agenda Item #2.
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 same election, the ordinance ene 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.
�RTICLE VII. — LEGAL STATUS OF CHARTER AND LAWS: VESTED RIGHTS: PENDING MATTERS
MISCELLANEOUS PROVII----------------------------------------------------------------
cinnicl
Section 7.01. — Severability of Charter Provisions
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 or otherwise unlawful by a court
of competent jurisdiction, such judicial determination uneenstitutienality 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 or
otherwise unlawful section or provisions had not been included herein.
Commented [KD15]: NOTE — verify fee schedule
includes this fee.
Commented [KD16]: Recommend re -naming this
Article and leaving current Sections 7.01 and 7.04
here. KWD to recommend additional language as
appropriate for this section — September 15, 2021
meeting.
Commented [KD17]: Proposed edits by KWD for
Committee discussion and action.
• Commented [KD18]: Recommend relocating this
section to Article II — September 15, 2021 meeting.
SecUen 7.03. Conflict of interest.. -
Commented [KD19]: Recommend relocating this
section to Article II, and adding statutory language
-- --- --- ---- - regarding 2-year prohibition on lobbying for former
Section 7.02A4. —Conflicts of Laws Effect,.f tw:�. r�,.1rtAr. elected officials — September 15, 2021 meeting.
Page 22 of 33
Agenda Item #2.
All laws and parts of laws relating to or affecting the Village in force when this Charter or any amendment
to this Charter shall take effect are hereby repealed and superseded to the extent that such laws or parts
of laws the saw,,, 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
or any amendment to this Charter shall take effect relating to or affecting the Village, the provisions of
this Charter or any amendment to 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.
Sec. 7.03. - Rights of Officers and Employees.
Nothing in this Charter or any amendment to this Charter except as otherwise specifically
provided shall affect or impair the rights or privileges of persons who are Village of Teauesta officers or
employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the
duties thereof until their successors are elected and sworn.
Sec. 7.04. - Pending Matters.
Commented [KD20]: Proposed edits by KWD for
Committee discussion and action.
All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the
Village of Teauesta shall continue except as modified pursuant to the provisions of this Charter or any
amendment to this Charter. Commented [KD21]: Proposed edits by KWD for
Committee discussion and action.
Page 23 of 33