HomeMy WebLinkAboutDocumentation_Charter Review_Tab 02_1/5/2022Agenda Item #2.
Charter Review Board
STAFF MEMO
Meeting: Charter Review Board - Jan 05 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
Discussion on Legal's Charter Working Document from 12/8/21 Meeting
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our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Charter Workina Document for January 5 2022
Page 7 of 25
Agenda Item #2.
PARTI- CHARTER
ARTICLE I. - INCORPORATION; FORM OF GOVERNMENT
Section 1.01. - Incorpo
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 ATTHE 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 BERMUDATERRACE, 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 PARALLELTO SAID WEST LINE OF SECTION 25; THENCE EASTERLY PARALLELTO THE NORTH
LINE OF GOVERNMENT LOT 5 OF SAID SECTION 2S 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 WESTERLYALONG THE NORTH LINE OF SAID RIVERSIDE PINESTOTHE EASTERLY
Commented [KD1]: ARTICLE I
Section 1.01
No substantive edits are recommended. Appending a
map to the Charter, showing the Village's legal
description border is recommended.
September 15, 2021, December 1, 2021.
Page 8 of 25
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 LINETO THE INTERSECTION WITH THE EAST LINE OFTHE PLATOF 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
HEIGHTSTO 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 25
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 SAIDTEQUESTA 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 SOUTHERLYALONG 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 25
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 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 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
Page 11 of 25
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 Govern
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 Compensati
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
ourooses of Village code, county codes, and state law, including both county and state codes of ethics.
Commented [KD2]: ARTICLE I
Section 1.02
No edits are recommended.
Commented [KD3]: ARTICLE II
Section 2.01
After lengthy discussion and thoughtful debate on the
topic of seat numbering vs "at -large" elections, as well
as the concept of creating voting districts, these
concepts are not recommended.
Minor housekeeping language added to recognize the
term "Councilmember", to recognize that
Councilmembers are Officers of the Village, and to
recognize that the regular municipal election day can
be changed by ordinance.
Recommend changing Councilmember terms from
two (2) years to three (3) years. Consistency and
implementation language also added.
Recommend establishing term limits of 2 consecutive
three (3) year terms. Term limits would not begin to
be calculated until all two (2) year terms have been
concluded, and three (3) year terms are in place for
the affected seat. Consistency and implementation
language also added.
Recommend eliminating the use of run-off elections
and determining the winner of a tie by drawing lots.
Implementation language added.
November 3, 2021, November 10, 2021, December 1,
2021.
Page 12 of 25
Agenda Item #2.
Councilmembers shall be elected at large to Seats 1, 2, 3, 4 and 5. In order to transition from two (2) to
three (3) year terms. Councilmembers shall continue to serve two (2) year terms following the 2022 and
2023 municipal elections. Thereafter. the Councilmembers in Seats 1, 3 and 5 shall be elected every three
(3) years beginning with the 2024 municipal election, and in the even years,-3-ftd the Councilmembers in
Seats 2 and 4 shall be elected every three (3) years beginning with the 2025 municipal election 'n the
yeaes. The election shall be held on the second Tuesday in March of each year unless such election date
is changed by ordinance.l lOnly 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 three 3 Fwe (2) years thereafter and/or until
the Councilmember's successor is elected and qualified. No person may be elected to the office of
Councilmember for more than two consecutive three (3) year terms. At the conclusion of the second
consecutive three (3) year term, the affected Councilmember must be out of office for one full three (3)
year term prior to serving as a Councilmember again. Councilmembers elected to serve two (2) year terms
in 2022 and 2023 shall serve those two (2) year terms to their conclusion prior to qualifying for and serving
a three (3) year term beginning in 2024 or 2025. The aforesaid two (2) year terms shall not count toward
any term limit calculation.
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 Councilmember 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 between the two candidates receiving the highest number of
YQtes cast or the Councilmember seat, the election for such Councilmember seat shall be determined by
lot drawn by the Village Clerk in the presence of the candidates running for the Councilmember seat, as
well as all sitting Councilmembers. the Village Manager, and the Village Attorney, the names of a" toe
eandodates shall be plaEed an the ballet and shall be voted upon at an enswing Funeff election to be he'd
on the fourth (4th) Tuesday On March. Such eleetien shall be held in the sange rnanneF and by the sarne
Section 2.02. - Qualifications and
No person shall be eligible to hold any elective office of the Village unless said person shall be a aualified
elector Fegistered vote and resident of the Village for a minimum of one continuous -year -prior to
aualifvine. 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 November to and including noon on the third
Tuesday in November in the year immediately preceding the election, and shall pay such filing fee as set
by ordinance. Such notice shall be signed by at least fifty (50) aualified electors ten of the
I See Laws of Florida. Ch. 83-498.
Commented [KD4]: THROUGHOUT THE CHARTER
Citations to relevant state and other law is inserted
in the form of footnotes.
November 10, 2021.
Commented [KDS]: ARTICLE II
Section 2.02
Recommend adding a requirement that any person
who wants to serve as a Councilmember must have
resided in the Village a minimum of one continuous
year prior to qualifying to run for the office.
Change "registered voter" to "qualified elector" for
purposes of internal consistency.
November 3, 2021, December 1, 2021.
Page 13 of 25
Agenda Item #2.
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
Each Councilmember, before entering upon the discharge of the duties of office, shall take and subscribe
a legally sufficient the following oath before a person legally aualified to administer such an oath, in
substantially the following form the Village Ngana eF OF presiding effiEeF of the Co n 1, yiz:z
Commented [KD6]: ARTICLE II
Section 2.03
Recommend housekeeping edits regarding the person
who administers the oath and the form of oath.
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government November 3, 2021, November 10, 2021, December 1,
of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will 2021.
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.3
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, or because no candidate Qualified for the office in Question, or because no Qualified
candidates remained on the ballot as candidates for the election in Question. the Village Council shall have
the power by majority vote of the remaining Councilmembers, to appoint a Qualified elector to hold such
office until the next available general election at which time a successor Councilmember shall be elected
to take office for the remainine unexpired term of the Dreviously vacant office. and the igeHe ' efva,.....e
appeintment shall be made, and the pesitien shall remain epeig Hntil the expiratien ef the . 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
z 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 [KD7]: ARTICLE II
Section 2.04
No edits are recommended. A footnote is added for
citation to Florida Statutes relative to state law
requirements for municipal recall.
Commented [KD8]: ARTICLE II
Section 2.05
Recommend changing the manner in which
Councilmember vacancies are filled in order to
eliminate the expense and effort in holding a special
election. The proposed revision, providing for
temporary appointment by majority vote of the
remaining members of the Village Council until the
next available general election is typical for
municipalities with three (3) year terms. See- Palm
Beach Gardens, Jupiter, Mangonia Park.
NOTE - the ordinance referenced in this section
regarding establishment of criteria for appointment of
a successor Councilmember was never adopted; it is
not contained in Village code.
NOTE - the highlighted text, discussed at the
December 8, 2021 meeting, would also require the
adoption of changed text to Village Code Sec. 2-273
regarding vacancies in candidacy.
November 3, 2021, November 10, 2021, December 1,
2021, December 8, 2021.
Page 14 of 25
Agenda Item #2.
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
The Village Council at its first regular meeting subsequent to the date of the municipal annual election_r
in years without a municipal election, at the March regular Village Council meeting, of Wage
r•,.,,nEil ,.mbeFs 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.1
All meetings of the Council shall be open to the public pursuant to the provisions of Florida law.
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. -
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.s
Section 2.10. - Ordinances and
4 See generally Ch. 250, Florida Statutes, Part I. "Military Affairs', which provides for the State Militia. the Military
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.
s See Sec. 286.012, Florida Statutes. "Voting requirements at meetings of governing bodies."
Commented [KD9]: ARTICLE II
Section 2.06
Conforming language relative to three year terms is
added per Board direction. A footnote is added for
citation to Florida Statutes relative to military law.
December 8, 2021
Commented [KD10]: ARTICLE II
Section 2.07
No edits are recommended.
Commented [KD11]: ARTICLE II
Section 2.08
Recommend housekeeping edit by relocating the new
first sentence from its previous location in Article VI
in order to eliminate the "Miscellaneous" Article.
September 15, 2021.
Commented [KD12]: ARTICLE II
Section 2.09
No edits are recommended. A footnote is added for
citation to Florida Statutes relative to state law voting
requirements for municipal officials.
Commented [KD13]: ARTICLE II
Section 2.10
No edits are recommended. A footnote is added for
citation to Florida Statutes relative to state law
requirements for ordinance and resolution adoption.
Page 15 of 25
Agenda Item #2.
The adoption of ordinances and resolutions shall be as prescribed by Florida law.6
Section 2.11. - Electors and
Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections7
and as may be prescribed by ordinance of the Village in matters not preempted by said law.
Section 2.12. - Interference With the Administrative
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.
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. as well as
the Palm Beach County Code of Ethics 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.9
ARTICLE III. - VILLAGE ADMINISTRATION
Section 3.01. - Village Administration
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.lo
Section 3.02. - The Village Manager —Appointment, Removal, Qualifications,
6 See generally Ch. 166, Florida Statutes. "Municipalities". and specifically Sec. 166.041 "Procedures far adoption of
ordinances and resolutions."
7 See generally Ch. 97 through 106. Florida Statutes. "The Florida Election Code."
8 See generally. Ch. 112, Florida Statutes, Part III. "Cade of ethics for public officers and emplovees". See also the
Palm Beach County Code of Ethics. Palm Beach County Code of Ordinances. Ch. 2, Art. XIII, Secs. 2-441 et. Sea.
9 See Sec. 112.313, Florida Statutes. subsection (14) which provides the same restriction.
io See generally Village of Teauesta Code of Ordinances. Chapter 2. Administration.
Commented [KD14]: ARTICLE II
Section 2.11
No edits are recommended. A footnote is added for
citation to Florida Statutes relative to state elections
code.
Commented [KD15]: ARTICLE II
Section 2.12
No edits are recommended.
Commented [KD16]: Article II
Section 2.13
Recommend housekeeping edit by relocating the new
first sentence from its previous location in Article VI
in order to eliminate the "Miscellaneous" Article.
Recommend housekeeping edit by adding second and
third sentences as new language which acknowledges
both state and county ethics laws regarding voting
conflicts, financial disclosures, and lobbying
restrictions.
September 15, 2021, December 1, 2021.
Commented [KD17]: ARTICLE III
Section 3.01
No edits are recommended. A footnote is added for
citation to Village Code relative to Village
administration.
Commented [KD18]: ARTICLE III
Section 3.02
Recommend housekeeping edit to clarify the ability of
the Village Manager to temporarily name an "acting
manager" when the Village Manager is temporarily
out of the office (e.g. vacation or sick leave) without
creating a vacancy.
No other edits (e.g. to the requirement of a super
majority vote of the Village Council to hire or fire the
Village Manager) recommended.
November 10, 2021.
Page 16 of 25
Agenda Item #2.
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 bythe 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 the
Village Manager's authority to name an "acting manager" during the Village Manager's temporary
absence due to taking leave or otherwise, when a vacancy in the position of Village Manager is no
created.
Section 3.03. - Village Manager —Functions and
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 manmade disaster or civil strife whenever such emergency might
occur.
Commented [KD19]: ARTICLE III
Section 3.03
No edits are recommended.
November 10, 2021, December 1, 2021, December 8,
2021.
Page 17 of 25
Agenda Item #2.
(8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve
all purchase orders for the payment of same. In the capacity of purchasing agent the Village Manager shall
conduct all sales of personal property which the Council may authorize to be sold as having become
unnecessary or unfit for Village use. All purchases and sales shall conform to such regulations as the Village
Council may from time to time prescribe.'
(9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor;
provided, however, that no such contract shall obligate the Village for a sum greater than allowed by
ordinance, and provided, further, that such contracts shall be presented to the Village Council at the next
regular meeting after the execution or awarding thereof for action thereon by the Village Council.
(10) To prepare and submit to the Village Council, within ninety (90) days after the close of each fiscal
year, a complete report of the operation and business of the Village for the preceding fiscal year.
Section 3.04. - The Village
The Village Clerk shall be appointed by the Village Manager. shall arfd function under the supervision and
direction of the Village Manager, and may act as a department head. The Village Clerk or designee shall
be present at all meetings of the Council and shall keep a record of the proceedings of the Council in a
minute book, which may be in an electronic software format as allowed by Florida Administrative Code,12
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. which
may also be in an electronic software format as allowed by Florida Administrative Code " 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, serve as the Village's records custodian, and 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 Head
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 14
11 See also Villaae Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments.
1z See 113-26.003 F.A.C. for electronic recordkeening requirements.
13 See 1B-26.003 F.A.C. for electronic recordkeeping requirements.
4 See also Villaae Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments.
Commented [KD20]: ARTICLE III
Section 3.04
Recommend housekeeping edits to clarify the Village
Clerk's responsibilities and status in the Village's
administration hierarchy. Also to clarify the rules
permitting electronic storage of minutes, ordinances,
and resolutions.
December 1, 2021.
Commented [KD21]: ARTICLE III
Section 3.05
No edits are recommended. A footnote is added for
citation to Village Code Chapter 2 Administration.
November 10, 2021.
Page 18 of 25
Agenda Item #2.
Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve. Abolish. or
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 reauire the affirmative referendum
vote of the electors of the Village of Teauesta approving such action. A referendum is not required to
terminate a contract with any outside agency providing or receiving such fire rescue or police services.
ARTICLE IV. - MUNICIPAL POWERS
Section 4.01. - General Powe
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 Constitution15 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 Territo
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.16
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
Constitution17 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 Teauesta in accordance with the Florida Constitution and Florida
law raise .«..ney by taxation for the following public, corporate. and municipal sesand purposes:
(1) For the general and incidental expenses of the Village government.
(2) For lighting the public buildings, streets, and other public places.
(3) For the support and maintenance of a police department.
(4) For the support and maintenance of a fire department.
(5) For the support and maintenance of a water department; including a supply of water for the use of
Village and its inhabitants, water for the extinguishing of fires, water for public buildings and for other
public purposes.
(6) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places.
is Art. VIII. sec. 2. Fla. Const.
s See Ch. 171 Florida Statutes, Part I. Municipal Annexation or Contraction.
17 Art. VII. sec. 9. Fla. Const.
Commented [KD22]: ARTICLE III
Section 3.06
Recommend adding this new section to Article III
which would require voter referendum approval
prior to dissolving, etc. the Village's police or fire
rescue departments.
November 10, 2021, December 1, 2021.
Commented [KD23]: ARTICLE IV
Section 4.01
No edits are recommended. A footnote is added for
citation to the Florida Constitution regarding home
rule.
September 15, 2021, November 10, 2021.
Commented [KD24]: ARTICLE IV
Section 4.02
No edits are recommended. A footnote is added for
citation to Florida Statutes regarding annexation
procedure.
September 15, 2021, November 10, 2021.
Commented [KD25]: ARTICLE V
Section 5.01
Recommend housekeeping edits to clarify the power
to levy and collect tax vs. the authority to spend tax
revenue once collected.
October 6, 2021, November 3, 2021, December 1,
2021.
Page 19 of 25
Agenda Item #2.
(7) For the care, preservation and repair of public buildings.
(8) For the support of any charitable purpose designated by the Village Council.
(9) For the payment of interest on the public debt and for the payment of the principal of the public debt,
as the same becomes due and payable.
(10) For sinking fund payments required to be made under the provisions of any ordinance, resolution, or
other competent authority.
(11) For the acquisition of land or any interest therein, within or without the territorial limits of the Village,
for any public or municipal use.
(12) For the construction, alteration, repair, or equipment of any building for a public or municipal use.
(13) For the protection of the public health.
(14) For the enforcement of the ordinances of the Village.
(15) For the construction and repair of sewers, drains and drainage ditches.
(16) For the planting and care of shade or ornamental trees or plants.
(17) The purpose of paying any note or other obligation of the Village, with the interest.
(18) For maintenance of a sewage system and for the disposal of garbage or other refuse.
(19) For the acquisition of land necessary for any street, park, or other public place and of any land or
interest therein required or necessary for the construction of any sewer, drain or other public work.
(20) For the construction and maintenance of street and other local improvements.
(21) For the acquisition, construction, maintenance, and operation of any public or municipal plant to
supply the Village and its inhabitants with water, gas, electricity, or other utility service.
(22) For any public, corporate or municipal purpose.
Section 5.02. - Limitations.1
Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in the farm
of geese...' eblig "e" bends, er assessment beigels r beth 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
The method of assessing taxes; levy and collection shall be as prescribed by Florida law.18
ARTICLE VI. - INITIATIVE AND REFERENDUM
Commented [KD26]: ARTICLE V
Section 5.02
Recommend housekeeping edits to clarify the cap on
indebtedness. No substantive changes.
November 10, 2021.
Commented [KD27]: ARTICLE V
Section 5.03
No edits are recommended. A footnote is added for
citation to Florida Statutes relative to Tax collections
and assessments.
"See generally Ch. 197 "Tax Collections. Sales. and Liens". Florida Statutes, which provides for the levy and collection lOctober 6, 2021.
of ad valorem, non -ad valorem, and other taxes. See also Ch. 200 "Determination of Village" which provides the
method for fixing millage rates.
Page 20 of 25
Agenda Item #2.
Section 6.01. - Power of I
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 ordinancefsl the same at the polls, such power
being known as the initiative. Any initiated ordinance may be submitted to the Village Council by a petition
signed by registered voters of the Village, as certified by the Palm Beach County Supervisor of Election's
office, equal in number to ten (10) percent of the registered voters of the Village of Tequesta at the last
Village election.
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 Petition
All petitions papers circulated for the purpose of an initiative or referendum shall be uniform 0n size and
4y4e. 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 petitions 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 W need„ t a�' " be appended to one document der. Each signer of any such petition
paper shall sign his or her name in ink eF indelible peflc- 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 gFeHp ef papeFs 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 petition paper, that it bears a stated
number of signatures, that all the signatures included in the petition appended theFete, 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 Petitio
All petitions papers shall be assembledsand ' 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 gFe p of papers e
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 e€ papers
etD ition entirely invalid which does not include have attached the 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
Commented [KD28]: ARTICLE VI
Section 6.01
Recommend housekeeping edits to provide internal
consistency with terms and clarity of grammar.
October 6, 2021
Commented [KD29]: ARTICLE VI
Section 6.2
No edits are recommended.
October 6, 2021.
Commented [KD30]: ARTICLE VI
Section 6.03
Recommend housekeeping edits to clarify that
petition forms have to be uniform but do not have to
be in "paper" format and can be electronic.
October 6, 2021.
Commented [KD31]: ARTICLE VI
Section 6.04
Recommend housekeeping edits to clarify that
petition forms have to be uniform but do not have to
be in "paper" format and can be electronic.
At the request of the Village Clerk, recommend
extending the deadline to certify the petitions for
legal sufficiency from three (3) days to ten (10)
business days. This timeframe is consistent with
existing timeframe in this section for initial
determination of completeness, and in Section 6.05
regarding petition amendments.
October 6, 2021.
Page 21 of 25
Agenda Item #2.
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 ten 10 three (-3) business days certify the result thereof in
wFiting 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.
Section 6.05. - Amendment of
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
additienal papers (the "amended petition") signed and filed as provided in case of an original petition.
The Village Clerk shall, within tenten 110) #we-454 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
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 Cou
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 i-econsidered by the Village Council at the next regularly scheduled Village
Council meeting following certification and the Village Council shall within sixty (60) days make its final
vote upon such reconsideration by determining the question, "Shall the ordinance specified in the
referendum petition be repealed?"
Section 6.08. - Submission to Elect
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 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 election net I.. than sixty (60) days n FneFe than four (4) Fnenths ftern the date the Village
r-,.uneiI takes Its final vet,, thereon. The Village Council shall, if no regular, general election is to be held
Commented [KD32]: ARTICLE VI
Section 6.05
Recommend housekeeping edits to clarify that
petition forms have to be uniform but do not have to
be in "paper" format and can be electronic.
At the request of the Village Clerk, recommend
extending the deadline to certify the petitions for
legal sufficiency from five (5) days to ten (10) business
days. This timeframe is consistent with existing
timeframe in Section 6.04 regarding petition
amendments.
October 6, 2021.
Commented [KD33]: ARTICLE VI
Section 6.06
No edits are recommended.
Commented [KD34]: ARTICLE VI
Section 6.07
Recommend housekeeping edits to clarify the
referendum consideration process. No substantive
change to the process is recommended.
October 6, 2021, December 1, 2021.
Commented [KD35]: ARTICLE VI
Section 6.08
Recommend housekeeping edits to clarify the
referendum consideration process. No substantive
change to the process is recommended. Legal
requirement of Supervisor of Elections consent to
scheduling a special election is referenced.
October 6, 2021, December 1, 2021.
Page 22 of 25
Agenda Item #2.
bthin sHEh perie ', provide for a special election, subject to consent of the Palm Beach County Supervisor
of Elections as required by law.19
Section 6.09. - Form of Ballot for Initiated and Referred Ordina
Commented [KD36]: ARTICLE VI
Section 6.09
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 No edits are recommended.
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
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
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;
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. —
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 uneenstitutionality 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.
11 See Sec, 100.151, Florida Statutes.
Commented [KD37]: ARTICLE VI
Section 6.10
No edits are recommended.
Commented [KD38]: ARTICLE VI
Section 6.11
Recommend housekeeping edit to clarify grammar.
October 6, 2021.
Commented [KD39]: ARTICLE VI
Section 6.12
No edits are recommended.
Commented [KD40]: 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 [KD41]: ARTICLE VII
Section 7.01
Recommend re -naming this section for clarity.
Recommend housekeeping edits to provide better
explanation and grammar for substance of the
section.
September 15, 2021.
Commented [KD42]: ARTICLE VII
Section 7.02
This text is relocated to Article 2 above.
September 15, 2021.
Page 23 of 25
Agenda Item #2.
Section 77 02 7-.94. — Conflicts of Laws
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 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.
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.
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 [KD43]: ARTICLE VII
Section 7.03
This text is relocated to Article 2 above.
September 15, 2021
Commented [KD44]: ARTICLE VII
Section 7.04 (re -numbered 7.02)
Recommend re -numbering this section based on
relocated text being removed. Recommend
housekeeping edits to provide better explanation and
grammar for substance of the section.
Commented [KD45]: ARTICLE VII
Section 7.03 (new section)
Recommend adding this new section to Article VII
which provides transition language from former
Charter text to new Charter text.
September 15, 2021.
Commented [KD46]: ARTICLE VII
Section 7.04 (new section)
ARTICLE VII
Section 7.03 (new section)
Recommend adding this new section to Article VII
which provides transition language from former
Charter text to new Charter text.
September 15, 2021.
Page 24 of 25