HomeMy WebLinkAboutDocumentation_Charter Review_Tab 01_12/1/2021Agenda Item #1.
Charter Review Board
STAFF MEMO
Meeting: Charter Review Board - Dec 01 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
Discussion on Legal's Charter Working Document from 11/10/21 Meeting
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Charter Workina Document from 11-10-21
Page 3 of 28
Agenda Item #1.
PARTI- CHARTER
ARTICLE I. - INCORPORATION; FORM OF GOVERNM
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;
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 4 of 28
Agenda Item #1.
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, 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 BOOT( 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
Page 5 of 28
Agenda Item #1.
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 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
SOUTHERLY ALONG 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
Page 6 of 28
Agenda Item #1.
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 405, 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
Page 7 of 28
Agenda Item #1.
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 BOOT( 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.
Section 2.01. - Selection, Term and Compensation.
Page 8 of 28
Agenda Item #1.
The Village Council of the Village of Tequesta shall consist of five (5) members who shall be known as
"Councilmembers." All Councilmembers shall be considered officers of the Village of Teauesta for
purposes of Village code, county codes, and state law, including both county and state codes of ethics.
Councilmembers shall be elected at large to Seats 1, 2, 3, ^ ^^d S. Elections for Councilmembers to hold
office in seats formerly numbered as The CeuneilmembeF` on Seats 1, 3 and 5 shall be held elected in the
even years, and elections for Councilmembers to hold office in seats formerly numbered as the
r211^^AM^^A"^F` i^ Seats 2 and 4 shall be held elected in the odd years. The election shall be held on the
second Tuesday in March of each year unless such election date is changed by ordinance. (Only qualified
electors, as prescribed by Florida law, shall be entitled to vote at such elections.
Commented [KD2]: Per Committee direction at its
November 10, 2021 meeting, citation to relevant state and
other law is being inserted throughout the document.
The term of office of each Councilmember shall commence at the next Council meeting subsequent to `.
Commented [KD3]: Robust discussion occurred at the
the date of the Councilmember's election and shall continue for hree 3 twe (2) years thereafter
November 3, 2021 meeting regardingthe issue of creating
and/or until the Councilmember's successor is elected and qualified. No person may be elected to the
districts for each seat, and whether council members should
be elected just from voters in that district or still at large,
office of Councilmember for more than three consecutive three 13) year terms. At the conclusion of the
just requiring the council member to reside in "their
third consecutive three (3) year term. the affected Councilmember must be out of office for one full
district. No decision was made at that time on a
three (3) year term prior to serving as a Councilmember again.I As of the March 2022 municipal election.
recommendation to move this topic forward.
Councilmembers who are already serving a current two (2) year term, or who qualified for. and are .
Commented [KD4R4]: The concept of"districting"was
elected to start serving a new two (2) year term shall serve those two (2) year terms to their conclusion
abandoned by the Committee at its November 10, 2021
meeting. However, the Committee will recommend new
prior to qualifying for and serving a three (3) year term. The aforesaid two (2) year terms shall not count
language that eliminates the requirement for a candidate to
toward any term limit calculation.I
run for a particular "seat" on the Council, and which instead
allows the candidates with the highest number of votes to
Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance; provided, '.
be declared the winner(s) for that election. Proposed
however, a Councilmember shall not be entitled to any increase in salary adopted during the term for
language has been provided.
which such Councilmember was elected.
Commented [KD5]: New language that creates three-
year terms (instead of the current two-year terms), and that
The candidates fnr� ch ^^,' receiving the highest number of votes cast for the offices of
'..
sets term limits of three consecutive terms. November 3,
2021 meeting.
Councilmember to be filledg,wh affi^^ shall be deemed elected to such office regardless of whether or
not such candidate shall have received a majority of votes cast. �ln the event of a tie vote between two
Commented [KD6]: This language proposes a transition
methodology from current two-year terms to new three -
candidates receiving the highest number of votes cast for the offices of Councilmember to be filled. both
year terms. November 3, 2021 meeting.
shall be deemed elected. In the event of a tie vote between two candidates receiving less than the
highest number of votes cast, but a sufficient number of votes cast to be elected into one of the offices
of Councilmember to be filled, then the election of those receiving such sufficient and ec ual number of
votes shall be determined by lot drawn by the Village Clerk in the presence of all candidates running for
the office of Councilmember, as well as all sitting Councilmembers. the Village Manager, and the Village
Attorne the namp,; all topes ^^ "�^�^` `hall b^ � the haslet and `H^11 be
Commented [KD7]: This language eliminates the need
of plaee an voted upon at an
ensuaing runeff elprtion to bp held an the feurth (4th) T6iesday OR March- elertiAH ;hall be held
for run-off elections. November 10, 2021,
-Suir.h.
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 for a minimum of one year prior to aualifvini. Any Village
Councilmember who ceases to possess these qualifications shall forthwith forfeit his or her office.
1 See Laws of Florida. Ch. 83-498.
Commented [KD8]: One year residency requirement as
directed by the Committee. November 3, 2021 meeting. As
mentioned during this discussion, there is court precedent
that supports a one-year residency limit; however, any
longer requirement (e.g. two years) does not have judicial
support, and is considered as an impairment on the right to
travel.
Page 9 of 28
Agenda Item #1.
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.l
Section 2.03. - Oath of Office.
Each Councilmember, before entering upon the discharge of the duties of office, shall take and
subscribe a legally sufficient the fallewing oath before a person legally Qualified to administer such an
oath, in substantially the following form the Village MaRageF of presiding affirer Of the Co.- ,I v4:1
"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 iso help me God — but omit for affirmation].
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.l The criteria for selection of substitute
Councilmembers pursuant to the terms of this provision shall be established by ordinance. I
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
See Sec. 876.05, Florida Statutes for language required to be included in oath for those officers and employees
who receive public funds.
3 See Sec. 100.361, Florida Statutes for municipal recall process.
Commented [KD9]: NOTE -This paragraph has already
been revised, updated, and corrected by ordinance earlier
this year, it has not been processed by Municode yet.
Commented [KD10]: Modifications to the oath of office
were briefly discussed by the committee at its November 3,
2021 meeting. There is an oath of office set forth in the
Florida Constitution for state and county officials; that oath
is similar (though not verbatim) to the oath in our current
Charter. Regardless, the Florida Attorney General has
opined that that specific oath is not required to be taken by
a municipal official.
Sec. 876.05, Florida Statutes, requires the following oath be
taken by all public officials and employees who receive
public funds (on a public payroll):
"I , a citizen of the State of Florida and of the
United States of America, and being employed by or an
officer of (the Village of Tequesta) and a recipient of public
funds as such employee or officer, do hereby solemnly
swear or affirm that I will support the Constitution of the
United States and of the State of Florida."
The current oath of office is legally sufficient in all respects
If the committee desires to make edits, such edits must
leave intact the language required by the above cited
statute, our elected officials do receive compensation for
their service at this time.
Commented [KD11R11]: Minor edits to oath
administration language and form of oath based on
Committee discussion from November 10, 2021.
Commented [KD12]: The committee began to discuss
this language briefly but reached no conclusions at its
November 3, 2021 meeting.
Commented [KD13R13]: At its November 10, 2021
meeting, the Committee directed that no change be made
to this section 2.05.
Commented [KD14]: It appears that this referenced
ordinance was never adopted; I cannot find it in the code.
While that is not a problem for this committee, it is
something the committee would be within its rights to
mention to the Village Council. This was briefly discussed at
the committee's November 3, 2021 meeting.
Page 10 of 28
Agenda Item #1.
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 aK
legal advisor to the Village.
Section 2.08. - Meetings.
a Village Attorney to serve at the pleasure of the Council and to act as
Commented [KD151: The Committee recommended no
change to this section. November 10, 2021.
All meetings of the Council shall be open to the public pursuant to the provisions of Florida law.1 Commented [KD16]: Recommend relocating this section
from Article VII. September 15, 2021 meeting,
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 5
4 See eenerally Ch. 250 "Military Affairs". Florida Statutes. Part I. which provides for the State Militia. the Militar
law of the state. the Florida National Guard, military courts-martial, and the Florida Governor's authority as
Commander in Chief of the Florida Militia.
5 See eenerally Ch. 166 "Municipalities'. Florida Statutes. Sec. 166.041 "Procedures for adoption of ordinances and
resolutions."
Page 11 of 28
Agenda Item #1.
Section 2.11. - Electors and Elections.
Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections6
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.
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. This requirement shall not be interpreted to limit
6 See generally Ch. 97 through 106, Florida Statutes. "The Florida Election Code."
7 See also Sec. 112.313, Florida Statutes. subsection (14) which provides the same restriction.
8 See also Villoae Code Chapter 2. Administration.
Commented [KD171: This sentence was discussed at
length by the Committee at its November 10, 2021 meeting;
no change was directed.
Commented [KD18]: Recommend relocating this section
From Article VII, and adding statutory language regarding 2-
year prohibition on lobbying for former elected officials -
September 15, 2021 meeting.
Commented [KD19]: After full discussion by the
Committee, this requirement was directed to remain
unchanged. November 10, 2011.
Page 12 of 28
Agenda Item #1.
the Village Manager's authority to name an "acting manager" during the Village Manager's temporary
created.
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.
Commented [KD20]: Proposed new language.
November 10, 2021.
(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 from time to time for any individual employee, authorize any department
head to exercise these powers on a case-bv-case basis with respect to subordinates in that department. Commented [KD21]: New language directed by the
Committee at tis November 10, 2021 meeting.
(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 s
9 See also Villoae Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments.
Page 13 of 28
Agenda Item #1.
(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. I
Section 3.04. - The Village
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.10
Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve. Abolish, or
Outsource.
The dissolution, abolition, or outsourcing to another agency, of the Village of Teauesta Fire Rescue
Department and/or the Village of Teauesta Police Department shall require the affirmative referendum
vote of the electors of the Village of Teauesta approving such action. A referendum is not required to
ARTICLE IV. - MUNICIPAL
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
1D See also Village Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments.
"Art. Vill, sec. 2. Fla. Const.
Commented [KD22]: This requirement was discussed
and with recommendation from the Manager, the
Committee directed no change to this provision. November
10, 2021.
Commented [KD23]: No changes recommended by the
Committee to this section. November 10, 2021.
Commented [KD24]: New section directed by the
Committee at its November 10, 2021 meeting. J
Commented [KD25]: No changes to Article IV
recommended by Charter Review Committee. - September
15, 2021 meeting.
Page 14 of 28
Agenda Item #1.
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.12
ARTICLE V. - TAXATION
Section 5.01. - Powers of Village
The power of the Village Council to levy and collect tax revenue is set and limited by the Florida
Constitution13 and Florida law. The Village Council shall have power to use the tax revenue that has
been so levied and collected by the Village of Tequesta in accordance with the Florida Constitution and
Florida law Faffise Fneney by taxatien for the following public, corporate, and municipal and
purposes:
(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 For lighting the ..ublie buildings streets, and ♦heF public
places.
(3) For sinking fund payments required to be made under the provisions of any ordinance, resolution or
other competent authority Fer the support and . inte..-,nre- of a peli e ,,,.paFt,. ent
(4) The purpose of paving any note or other obligation of the Village, with the interest FeF the support
(S) For the support of any charitable purpose designated by the Village Council FeF the support and
(6) For the acquisition of land or any interest therein. within or without the territorial limits of the
Village, for any public or municipal use For regulating, repairing, ,main,,, and cleaning the streets,
highways and other publir 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 €er
(8) For the acquisition, construction, maintenance, and operation of any public or municipal slant to
supply the Village and its inhabitants with water, gas, electricity, or other utility service
of any eharitahle P e designated by the Village !'..uneil
11 See Ch. 171 Florida Statutes, Part I. Municipal Annexation or Contraction.
13 Art. VII. sec. 9. Fla. Const.
Commented [KD26]: There have been no substantive
changes to this section. The various line items have been re-
organized and generally "grouped" within the list by subject
matter. October 6, 2021 meeting.
Commented [KD27R27]: At the November 3, 2021
meeting, the committee discussed that it may be best to
leave this Article unchanged from the current Charter so as
not to overwhelm voters with too many ballot questions or
cause unnecessary confusion over edits containing no
substantive change to the Charter. This will be finally
decided at the last committee meeting.
Commented [KD28]: Suggested language to clarify the
distinction between the ability to LEVY AND COLLECT tax
revenue, and how such tax revenue is subsequently SPENT.
October 6, 2021 meeting.
Page 15 of 28
Agenda Item #1.
(9) For the construction and repair of sewers, drains and drainage ditches For the payment Of inteFeSt OR
the publie debt and feF the payment ef the pFinEipal ef the publiE debt, as the same beEerne5 due and
payable.
(10) For the construction, alteration, repair, or equipment of any building for a public or municipal use
FOF sinking fund payments requilred te he Made undeF the PFOViSians of any , Feselution,
or
other e etent a utherity
(11) For the construction and maintenance of street and other local improvements For the ^mist;^munieip^'
land eF any interest thereon, withiR e.r %vithe-JA the teffiterial Ii.m.its ef the Village, for any public a
,I
(12) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places
(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 For the pFateetion ^f the pu bliE h^a'th.
(14) For maintenance of a sewage system and for the disposal of garbage or other refuse €erne
..for,-.... ent of the ordinances of the Village.
(15) For lighting the public buildings, streets, and other public places C^r the EE)R5tFUEt;^^ and r^r...;r E)
(16) For the care, preservation, and repair of public buildings For the planting and EaFe of shade OF
E)Fnarnental t plants.
(17) For the planting and care of shade or ornamental trees or plants The purpese of paying any note ^r
(18) For the support and maintenance of a police department Formaintenance ^f a sewage system and
fBF the disposal of garbage a ether rpf--,;P
(19) For the support and maintenance of a fire department For the ..equisitien of 'and necessaFy felF an
. enstruEtmen of any r..weF drain OF ether publi.....ek
(20) For the protection of the public health For the +r,, +,^ And. ^t .,f r+r^^t And. ether
local
(21) For the enforcement of the ordinances of the Village For the acquis.tkw, eanStFuEtiO
+h . eleEtFkity,the utility
(22) IFor any other public, corporate, or municipal pu
Section 5.02. - Limitations.
Anything else in this Charter notwithstanding, the total indebtedness of the Village) whetheF on the °err...
bonds,
Commented [KD29]: Suggest leaving this language in. A
"catch all" in this category is important; arguably more
important than the itemized list of 1-21.
This is about how to spend the tax revenue after it is
collected; NOT about how to levy and collect it in the first
place (which is limited by state law and the Florida
Constitution). October 6, 2021 meeting.
Page 16 of 28
Agenda Item #1.
Reie-Fa,OF=sped vv
'...J..1.+...J....�� gemlamn.atien
shall never in the aggregate exceed 10/0 of the assessed value of taxable real property
within the Village at the time the indebtedness or indebtednesses are incurredl.
Section 5.03. - Tax Assessment; Levy and Collection.
The method of assessing taxes; levy and collection shall be as prescribed by Florida law.14
ARTICLE VI. - INITIATIVE AND REFERENDU
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 ordinanceis) thp garnp 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
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.
Commented [KD30]: Stricken language is per committee
direction at the November 3, 2021 meeting. J
Commented [KD31]: 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. October 6, 2021 meeting.
Commented [KD32]: Based on Board discussion and
direction, we have made only minor edits to this Article.
October 6, 2021 meeting.
Commented [KD33]: Added for consistency of
terminology with Section 6.02 below. October 6, 2021
meetine.
All petitions papers circulated for the purpose of an initiative or referendum shall be uniform lia size and
sOylel. The person(s) or group attempting to circulate a petition shall register their name and address Commented [KD34]: Stricken language is per committee
with the Village Clerk before starting to circulate the petition. Initiative petitions papers shall contain the direction at the November 3, 2021 meeting.
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 nppd nat^+ all be appended to one document paper. Each signer
of any such petition papeF shall sign his or her name in ink ^' indel:L.I. .., ^,-'I 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 petition document gFeup 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
etition paper, that it bears a stated number of signatures, that all the signatures included in the
14 See generally Ch. 197 "Tax Collections. Sales. and Liens'. Florida Statutes, which provides for the levy and
collection of ad valorem. non -ad . and other taxes. See also Ch. 200 "Determination of Millage" which provides he
method for fixing millage rates.
Page 17 of 28
Agenda Item #1.
eto ition appended "eFete 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.
�AII petitions papers shall be ,«,-ngh;P Q.Pd ;iRd filed with the Village Clerk as one instrument. Within ten
Commented [KD35]: Proposed revisions to address issue
of "paper" vs. "electronic" documents per Board direction.
October 6, 2021 meeting.
(10) business days after a petition is filed, the Village Clerk shall determine whether eaGh greup a
papers-ef 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 greup e#
papers etition entirely invalid which does not include have attarhed theFete 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 kan=== three (3) business days) certify the
Commented [KD36]: Per request of the Village Clerk,
result thereof "n writing to the individual members of the Village Council. If the Village Clerk shall certify
and edited for internal consistency. October 6, 2021
that the petition is insufficient the Village Clerk shall set forth in a certificate the particulars in which it is
meeting.
defective and shall at once notify the persons circulating the petitions of the findings.
Commented [KD37]: Proposed revisions to address issue
of "paper" vs. "electronic" documents per Board direction.
Section 6.05. - Amendment of Petitions.
October 6, 2021 meeting.
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 papershhe "amended aetition"l signed and filed as provided in case of an original petition.
The Village Clerk shall, within ten 10 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 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.
Commented [KD38]: Added for consistency of
terminology with Section 6.06 below. October 6, 2021
meeting.
Commented [KD39]: Per request of the Village Clerk.
October 6, 2021 meeting.
Page 18 of 28
Agenda Item #1.
�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?"
Commented [KD40]: Some suggested language to
attempt to clarify this process. October 6, 2021 meeting.
Section 6.08. - Submission to Electors.
Commented [KD41R41]: The committee discussed
If the Village Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a
leaving this section unchanged. The proposed edits were
not seen as a successful clarification, and this was seen by
form different from that set forth in the petition therefore [therefor], or if the Village Council fails to
the committee as an opportunity to merely "clutter the
repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at
ballot" and confuse voters. November 3, 2021 meeting.
the next regular. general 6iunidpa� election not less than sixty (60) days nor mere than four (4) ... 4Rth
Commented [KD42]: The word "municipal" to be
tree the Plate the Village r,,,,nril take,; 41; fiRai .,,.+,. +H,. r,,,... The Village Council shall, if no regular,
omitted per committee direction at the November 3, 2021
eneral election is to be held within such peri,.a, provide for a special election. subject to consent of the
meeting.
Palm Beach County Supervisor of Elections as required by law.
Commented [KD43]: See F.S. Sec. 100.151. October 6,
2021 meeting.
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.Commented[KD44]: NOTE—verifyfeeschedule includes
this fee. October 6, 2021 meeting.
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 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. — LEGAL STATUS OF CHARTER AND LAWS: VESTED RIGHTS: PENDING MATTERS
Section 7.01. — Severability of Charter Provisions Oeostitutionality.
Commented [KD45]: Recommend re -naming this Article
and leaving current Sections 7.01 and 7.04 here. MD to
recommend additional language as appropriate for this
section —September 15, 2021 meeting.
Page 19 of 28
Agenda Item #1.
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 uneen5titutienality 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.)
Section 7.02 7.04. — Conflicts of Laws Effect f this Cw.,....
All laws and parts of laws relating to or affecting the Village in force when this Charter oror anv
amendment to this Charter shall take effect are hereby repealed and superseded to the extent that such
laws or parts of laws thp sarne 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.
Lsec. 7.03. - Rights of Officers and Emolovees.
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 Teouesta 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.
All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the
Village of Teouesta shall continue except as modified pursuant to the provisions of this Charter or any
Commented [KD46]: Proposed edits by KWD for
Committee discussion and action. September 15, 2021
meeting.
Commented [KD47]: Recommend relocating this section
to Article II —September 15, 2021 meeting.
Commented [KD48]: Recommend relocating this section
to Article II, and adding statutory language regarding 2-year
prohibition on lobbying for former elected officials —
September 15, 2021 meeting.
Commented [KD49]: Proposed edits by KWD for
Committee discussion and action. September 15, 2021
meeting.
Commented [KD50]: Proposed edits by KWD for
Committee discussion and action. September 15, 2021
meeting.
Page 20 of 28