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HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_3/22/2022Agenda Item #1. Regular Council STAFF MEMO Meeting: Workshop - Mar 22 2022 Staff Contact: Mayor Molly Young Department: Council �� Discussion on Charter Review Board Proposed Charter Changes and Proposed Ballot Questions The Village Council established an Ad Hoc Advisory Charter Review Board (CRB) during the August 12, 2021 Council Meeting. The CRB was tasked with reviewing the Village's current charter and bringing forth any proposed amendments to the Village Council for review and consideration during the February 10, 2022 Council Meeting. Any changes Council approves will be put forth to the residents via a Charter Referendum during the March 14, 2023 election. The CRB will provide a presentation during the Council Meeting to outline their recommendations. Recommended Changes (if an article is not listed, there are no recommended edits): ARTICLE I — INCORPORATION; FORM OF GOVERNMENT • Recommend appending a map to the Charter showing the Village's legal description border ARTICLE II — THE VILLAGE COUNCIL Section 2.01 — Selection, Term and Compensation 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 is 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 as is offered via state statute. Implementation language added. Section 2.02 — Qualifications and Disqualifications • 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. Section 2.03 — Oath of Office Page 3 of 25 Agenda Item #1. • Recommend housekeeping edits regarding the person who administers the oath and the form of oath. Section 2.05 — Vacancies and Forfeiture of Office 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 — Will require the adoption of amended text to Village Code Sec. 2-273 regarding vacancies in candidacy. Section 2.06 — Mayor and Successors • 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. Section 2.08 — Meetings • Recommend housekeeping edit by relocating the new first sentence from its previous location in Article VII in order to eliminate the "Miscellaneous" Article. Section 2.13 — Former Councilmembers; Conflicts of Interest; Lobbying Activities • Recommend housekeeping edit by relocating the new first sentence from its previous location in Article VII 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. ARTICLE III. — VILLAGE ADMINISTRATION Section 3.02 — The Village Manager — Appointment, Removal Qualifications, Vacancy • 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. Section 3.04 — The Village Clerk • 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. Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve, Abolish or Outsource. • 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. ARTICLE V. — TAXATION Section 5.01 — Powers of Village Council • Recommend housekeeping edits to clarify the power to levy and collect tax versus the authority to spend tax revenue once collected. Section 5.02 — Limitations • Recommend housekeeping edits to clarify the cap on indebtedness. ARTICLE VI. — INITIATIVE AND REFERENDUM Section 6.01 — Power of Initiative • Recommend housekeeping edits to provide internal consistency with terms and clarity of grammar. Page 4 of 25 Agenda Item #1. Section 6.03 — Form of Petitions • 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. Section 6.04 — Filing, Examination and Certification of Petitions • 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. Section 6.05 — Amendment of Petitions • 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. Section 6.07 — Consideration by Village Council • Recommend housekeeping edits to clarify the referendum consideration process. Section 6.08 — Submission to Electors • 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. Section 6.11 — Result of Election • Recommend housekeeping edit to clarify grammar. ARTICLE VII. MISCELLANEOUS PROVISIONS • Recommend re -naming this Article and leaving current Sections 7.01 and 7.04 here. Article to be renamed: LEGAL STATUS OF CHARTER AND LAWS; VESTED RIGHTS; PENDING MATTERS Section 7.01 — Constitutionality • Recommend re -naming this section for clarity. Section to be renamed: Severability of Charter Provisions • Recommend housekeeping edits to provide better explanation and grammar for substance of the section. Section 7.02 — Public Meetings • This text is relocated to Article 2 and a new Section 2 will follow below. Section 7.03 — Conflict of Interest • This text is relocated to Article 2 and a new Section 3 will follow below. NEW Section 7.02 — Conflicts of Law • 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. NEW Section 7.03 — Rights of Officers and Employees • Recommend adding this new section to Article VII which provides transition language from former Charter text to new Charter text. NEW Section 7.04 — Pending Matters • Recommend adding this new section to Article VII which provides transition language from former Charter text to new Charter text. Page 5 of 25 Agenda Item #1. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A Additional Budgetary Information: Funding Source(s): N/A N/A FINAL Charter Working Document final committee approved version (002) AMEN DED Proposed Ballot Questions 2-1-2022 Page 6 of 25 Agenda Item #1. PARTI- CHARTER ARTICLE I. - INCORPORATION; FORM OF GOVERNMENT Section 1.01. - Incorporation The municipality hereby established shall be known as the Village of Tequesta, Florida. The territorial limits of said municipality are defined as set forth below: VILLAGE OF TEQUESTA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 25, 26, 27, 35 AND 36, TOWNSHIP 40 SOUTH, RANGE 42 EAST, SECTIONS 29, 30 AND 32, TOWNSHIP 40 SOUTH, RANGE 43 EAST, AND THE GOMEZ GRANT, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 26 TO THE CENTERLINE OF THE NORTH FORK OF THE LOXAHATCHEE RIVER AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF THE NORTH FORK TO THE EAST -WEST QUARTER SECTION LINE OF SAID SECTION 25; THENCE WESTERLY ALONG SAID QUARTER LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF GULFSTREAM DRIVE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE NORTH LINE OF BERMUDA TERRACE, SECTION 1 AS RECORDED IN PLAT BOOK 25, PAGE 23, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE WESTERLY ALONG SAID NORTH LINE OF BERMUDA TERRACE, SECTION 1 AND ALONG THE NORTH LINE OF BERMUDA TERRACE, SECTION 2 AS RECORDED IN PLAT BOOK 25, PAGE 68 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS AND ALSO ALONG THE NORTH LINE OF BERMUDA TERRACE, SECTION 3 AS RECORDED IN PLAT BOOK 25, PAGE 198, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID BERMUDA TERRACE, SECTION 3 AND ALONG THE WEST LINE OF SAID BERMUDA TERRACE SECTION 1 TO THE POINT OF CURVATURE OF A CURVE AT THE SOUTHWEST CORNER OF LOT 1 OF SAID BERMUDA TERRACE SECTION 1; THENCE ALONG SAID CURVE TO ITS POINT OF TANGENCY ON THE SOUTH LINE OF SAID BERMUDA TERRACE SECTION 1; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID BERMUDA TERRACE SECTION 1; THENCE NORTHERLY ALONG THE EAST LINE OF SAID BERMUDA TERRACE, SECTION 1,490.76 FEET; THENCE EASTERLY PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF TEQUESTA DRIVE TO THE WEST LINE OF PINE TREE DRIVE; THENCE SOUTHERLY ALONG SAID WEST LINE OF PINE TREE DRIVE TO A POINT 145.30 FEET NORTH OF SAID NORTH RIGHT-OF- WAY OF TEQUESTA DRIVE AS MEASURED PARALLEL TO SAID WEST LINE OF SECTION 25; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF GOVERNMENT LOT 5 OF SAID SECTION 25 TO THE CENTERLINE OF SAID NORTH FORK; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF LOT 12, BLOCK 3, RIVERSIDE ON THE LOXAHATCHEE AS RECORDED IN PLAT BOOK 9, PAGE 4, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG SAID NORTHWESTERLY EXTENSION AND ALONG SAID NORTHEASTERLY LINE OF LOT 12 AND ALSO ALONG THE SOUTHEASTERLY EXTENSION OF SAID NORTHEASTERLY LINE TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT -OF- WAY LINE TO THE NORTH LINE OF JUPITER IN THE PINES, SECTION "B" AS RECORDED IN PLAT BOOK 26, PAGE 18, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE OF JUPITER IN THE PINES, SECTION "B" TO THE EAST LINE OF RIVERSIDE PINES AS RECORDED IN PLAT BOOK 43, PAGES 18 AND 19 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE OF RIVERSIDE PINES; 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 7 of 25 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 8 of 25 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 9 of 25 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 10 of 25 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 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 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 "Council member", 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 CounciImember 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. 1 Page 11 of 25 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, 4 and 5. In order to transition from two (21 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 is the even yeaFs,—and the Councilmembers in Seats 2 and 4 shall be elected every three (3) years beginning with the 2025 municipal election in he ed eaFS. 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. 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 two (-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 131 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 (21 year terms in 2022 and 2023 shall serve those two (2) year terms to their conclusion prior to aualifving 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 votes cast for 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 ^ ales ^' ^II tied r-andodateS -;hall be plaeed on the hallet and shall be voted upen at an ensuing runAff Plpr#inn to hp 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 Fegi5teFed vate and resident of the Village for a minimum of one continuous year prior to aualifving. 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 1 See Laws of Florida. Ch. 83-498. Commented [KD4]: THROUGHOUT THE CHARTER Citations to relevant state and other law is inserted in the form offootnotes. 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 12 of 25 Agenda Item #1. 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 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 qualified to administer such an oath, in substantially the following form the Village ManageF or presiding ,.cc,, e.r of the C ,, .6 V-1z: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 so help me God." Section 2.04. - Removal/Recall Any or all members of the Village Council may be removed or recalled from office in accordance with procedures established by Florida law.' Section 2.05. - Vacancies and Forfeiture of Office A. Vacancies. In the event of a vacancy on the Village Council because of death, resignation, removal from or forfeiture of office, 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 aualified 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 remaining unexpired term of the prevjously vacant office. a 5peeial eleetien to foil thevacaney until the expiration ef the term. if the period ef vaEanEy is to be for a peFied ef less than six (6) menths but mere than thFee (3) Fnenths, then the Village CeunEil may appeint a substitute te foil the vacancy unto! the expiicatien ef the teFffl. if the peFied of vaEaney is te be f0F a peFied ef less than thFee (3) menths, ne appeintment shall be made, and the pesitien shall Fernain epen nt" the expiFatien of the term. The criteria for selection of substitute Councilmembers pursuant to the terms of this provision shall be established by ordinance. B. Forfeiture of Office. A Councilmember shall forfeit his/her office if he/she: 1. lacks, at any time during the term of office, any qualifications for the office prescribed by this charter or by law; or 2. is convicted of a felony during the term of office; or See Sec. 876.05, Florida Statutes for language required to be included in oath for those officers and employees who receive public funds. I See Sec. 100.361, Florida Statutes for municipal recall process. Commented [KD61: ARTICLE II Section 2.03 Recommend housekeeping edits regarding the person who administers the oath and the form of oath. November 3, 2021, November 10, 2021, December 1, 2021. J Commented [KD71: 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 [KD81: 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 13 of 25 Agenda Item #1. 3. fails to take and subscribe to the oath of office as provided in Section 2.03 of this Charter within thirty (30) days from the commencement of the term of office; or 4. misses six (6) regularly scheduled monthly meetings (not to include special meetings or workshops) in any twelve-month period. Section 2.06. - Mayor and The Village Council at its first regular meeting subsequent to the date of the municipalannual election, or in years without a municipal election, at the March regular Village Council meeting, of Wage Ceune"membe!F5 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;4 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 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. - 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 Laws Section 2.10. - Ordinances and Resolutio 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 VII 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 4 See generally Ch. 250, Florida Statutes, Part I. "Military Affairs', which provides for the State Militia. the Military No edits are recommended. A footnote is added for citation law of the state. the Florida National Guard, military courts-martial, and the Florida Governor's authority as to Florida Statutes relative to state law requirements for Commander in Chief of the Florida Militia. ordinance and resolution adoption. s See Sec. 286.012, Florida Statutes. "Voting requirements at meetings of governing bodies." Page 14 of 25 Agenda Item #1. The adoption of ordinances and resolutions shall be as prescribed by Florida law 6 Section 2.11. - Electors and Elections Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections' and as may be prescribed by ordinance of the Village in matters not preempted by said law. Section 2.12. - Interference With the Administrative 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. J Commented [KD15]: ARTICLE II Section 2.12 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 No edits are recommended. 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 employeesas 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.' Section 3.02. - The Village Manager —Appointment, Removal, Qualifications, 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 6 See generally Ch. 166, Florida Statutes. "Municipalities'. and specifically Sec. 166.041 "Procedures for adoption of ordinances and resolutions." See generally Ch. 97 through 106, Florida Statutes. "The Florida Election Code." a See generally. Ch. 112, Florida Statutes, Part III. "Cade of ethics for public officers and employees". 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. 11 See generally Village of Teauesta Code of Ordinances. Chapter 2, Administration. Commented [KD16]: Article II Section 2.13 Recommend housekeeping edit by relocating the new first sentence from its previous location in Article VII 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 1S, 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 15 of 25 Agenda Item #1. 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 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 not 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. 1 Page 16 of 25 Agenda Item #1. (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 arm 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.13 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 3.0S. - 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 Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve. Abolish. or 11 See also Village Code Ch. 2, Administration, Art. III.- Officers. Employees and Departments. 12 See 113-26.003 F.A.C. for electronic recordkeeping requirements. 13 See 113-26.003 F.A.C. for electronic recordkeeping requirements. 11 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. 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. Page 17 of 25 Agenda Item #1. 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 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 Te 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.1e 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 Tequesta in accordance with the Florida Constitution and Florida law Faise Fneney by taxat'^^ for the following public, corporate, and municipal and purposes: (1) For the general and incidental expenses of the Village government. (2) For lighting the public buildings, streets, and other public places. (3) For the support and maintenance of a police department. (4) For the support and maintenance of a fire department. (5) For the support and maintenance of a water department; including a supply of water for the use of Village and its inhabitants, water for the extinguishing of fires, water for public buildings and for other public purposes. (6) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places. (7) For the care, preservation and repair of public buildings. (8) For the support of any charitable purpose designated by the Village Council. 11 Art. Vill, sec. 2. Fla. Const. 11 See Ch. 171 Florida Statutes, Part I. Municipal Annexation or Contraction. 17 Art. VII. sec. 9. Fla. Const. 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 18 of 25 Agenda Item #1. (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, whet elF on the fern of geneFal obligation "end OF assessment bends, oF 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 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 ordinances) thegam at the polls, such power 11 See generally Ch. 197 "Tax Collections. Sales. and Liens'. Florida Statutes, which provides for the levy and collection of ad valorem, non -ad valorem, and other taxes. See also Ch. 200 "Determination of Millage" which provides the method for fixing millage rates. 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. October 6, 2021. Commented [KD28]: ARTICLE VI Section 6.01 Recommend housekeeping edits to provide internal consistency with terms and clarity of grammar. October 6, 2021 Page 19 of 25 Agenda Item #1. being known as t]Re 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 On sine and style. The person(s) or group attempting to circulate a petition shall register their name and address with the Village Clerk before starting to circulate the petition. Initiative 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 to need not all l be appended to one document paper. Each signer of any such petition papeF shall sign his or her name OR WE eF indeliblepep" 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 gFeap 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 etp ition paper, that it bears a stated number of signatures, that all the signatures included in the etp ition 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 ^g,;Pmh,n;p Q.pd ARd filed with the Village Clerk as one instrument. Within ten (10) business days after a petition is filed, the Village Clerk shall determine whether each group 0 papers of the petition has a proper statement of the person(s) circulating the petition and whether the petition is signed by a sufficient number of qualified electors. The Village Clerk shall declare any gireup s# papers etp ition entirely invalid which does not include have attached thereto the required affidavit signed by the person(s) circulating the petition. If a petition is found to be signed by more persons than the number of signatures certified by the person(s) circulating the petition, the last signatures in excess of the number certified shall be disregarded. If a petition is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing examination of the petition, the Village Clerk shall within ten 10 twee (3) business days certify the result thereof inwritingto the individual members of the Village Council. If the Village Clerk shall certify 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 [KD37]: 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 20 of 25 Agenda Item #1. 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 Petitio 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 additk)nal ^appen (the "amended petition") signed and filed as provided in case of an original petition. The Village Clerk shall, within ten 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 Petiti 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 aublic 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 reconsidered 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 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 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 Recommend housekeeping edits to clarify the referendum consideration process. No substantive change to the referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the next process is recommended. Legal requirement of Supervisor regular, general election natant than Sixty (60) daV5nE)F ..than c,.,,. (4) months five. the date the of Elections consentto scheduling a special election is ""'age Course" takes its final V19te theFeen. The Village Council shall, if no regular, general election is to referenced. October 6, 2021, December 1, 2021. Page 21 of 25 Agenda Item #1. be held within suEh peFi0d, provide for a special election, subject to consent of the Palm Beach Countv Supervisor of Elections as required by law.19 Section 6.09. - Form of Ballot for Initiated and Referred Ord 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 No edits are recommended. 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 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 Election 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 erne 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. — LEGAL STATUS OF CHARTER AND LAWS: VESTED RIGHTS: PENDING MATTERS 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 '' 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 22 of 25 Agenda Item #1. Section 7.02 7-.04. — Conflicts of Laws 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 the ;amp 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 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. 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 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 23 of 25 Agenda Item #1. "CHARTER AMENDMENT PROVIDING FOR COUNCILMEMBER THREE YEAR TERMS, TERM LIMITS, RE -ELIGIBILITY, AND REVISED COUNCIL REORGANIZATION" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO INCREASE COUNCILMEMBER TERMS FROM TWO YEARS TO THREE YEARS, AND TO ADD NEW TERM LIMITS OF TWO CONSECUTIVE TERMS, THEREAFTER REQUIRING A ONE TERM WAITING PERIOD BEFORE RUNNING FOR OFFICE AGAIN, AND TO REVISE VILLGE COUNCIL RE -ORGANIZATION PROCEDURES TO CONFORM WITH THE NEW THREE-YEAR TERMS?" YES NO "CHARTER AMENDMENT PROVIDING A CONTINUOS ONE YEAR RESIDENCY REQUIREMENT PRIOR TO SERVING AS A COUNCILMEMBER" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE ANY PERSON RUNNING FOR THE OFFICE OF VILLAGE OF TEQUESTA COUNCILMEMBER TO HAVE RESIDED IN THE VILLAGE OF TEQUESTA FOR A MINIMUM OF ONE CONTINUOUS YEAR PRIOR TO BEING ELIGILE TO QUALIFY AND RUN FOR THE OFFICE OF COUNCILMEMBERT' YES NO "CHARTER AMENDMENT PROVIDING FOR REFERENDUM VOTER APPROVAL PRIOR TO DISSOLVING THE POLICE OR FIRE DEPARTMENTS" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE A REFERENDUM AND VOTER APPROVAL PRIOR TO ANY FUTURE CONSIDERATION BY THE VILLAGE COUNCIL FOR DISSOLVING, ABOLISHING, OR OUTSOURCING THE VILLAGE OF TEQUESTA POLICE DEPARTMENT OR FIRE RESCUE DEPARTMENT?" YES NO Page 24 of 25 Agenda Item #1. "CHARTER AMENDMENT PROVIDING TEMPORARY APPOINTMENTS FOR COUNCILMEMBER VACANCIES, AND DRAWING LOTS FOR CANDIDATE TIE VOTES" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO ELIMINATE THE REQUIREMENT FOR A SPECIAL ELECTION TO FILL A COUNCILMEMBER VACANCY CAUSED BY DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR FAILURE TO QUALIFY, AND TO ALLOW A TEMPORARY VILLAGE COUNCIL APPOINTMENT UNTIL THE NEXT GENERAL ELECTION INSTEAD; AND TO ELIMINATE THE REQUIREMENT FOR RUNOFF ELECTIONS TO RESOLVE TIE VOTES AMONG CANDIDATES FOR COUNCILMEMBER OFFICE, AND TO PROVIDE FOR THE DRAWING OF LOTS INSTEAD?" YES NO "CHARTER AMENDMENT PROVIDING FOR NON -SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, AND GENERAL CLARIFICATION AND ORGANIZATION" Commented [KD1 ]: As noted by one committee member, this question could be divided into two separate questions, creating a total of 6 ballot questions. "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO PROVIDE NON - SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, GENERAL LANGUAGE CLARIFICATION, AND ORGANIZATION IN ACCORDANCE WITH ORDINANCE 01- 22, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON MAY 12, 20221?" Commented [KD2]: Placeholder date only. YES NO Page 25 of 25