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Home My WebLink AboutDocumentation_Regular_Tab 8A_2/14/1991 . -'- -A . . --,.= .1 JONES, FOSTER, JOHNSTON Sc, STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR �� LARRY B.ALEXANDER MICHAEL T.KRANZ P.O.DRAWER E R.BRUCE JONES 74 VINCENT J.ALTINO JOHN M.LeROUX WEST PALM BEACH,FLORIDA 33402- �� 1904-1988 GEORGE H.BAILEY JOHN BLAIR McCRACKEN KEVIN C.BEUTTENMULLER PAMELA A.McNIERNEY (407)859-3000 !/ HENRY F.LILIENTHAL MICHAEL 0.BROWN TIMOTHY E.MONAGHAN RUTH P.CLEMENTS GUY RABIDEAU FAX:(407)832-1454 A 1902-1982 SCOTT M.COLTON JOHN C.RANDOLPH n JOYCE A.CONWAY PAULA REVENE (J •� '`� HARRY ALLISON JOHNSTON MARGARET L.COOPER ANDREW ROSS / 1895-1983 BYRON R.CORNWELL STEVEN J.ROTHMAN11 ��S/� REBECCA G.DOANE PETER A.SACHS G 9 i RETIRED RANDY 0.ELLISON ANDREA J.SAFKO WILLIAM A.FOSTER S.OTT A. LAZIER AN JOELIDNYA. WRITER'S DIRECT LINE:_ O� �� Jn L.MAR I GLAZIER SIDNEY T.STRAWNSTUBBS,JR. lJ'LOG E.HANDELSMAN ALLEN R.TOMLINSON THORN ON M.HSCOTT G. INS ENRY SAHN S.TRIMPERANDY M.VANS RUM �� 1' ��® OTHER LOCATION PETER S.HOLTON MICHAEL P.WALSH (,1 REBECCA F.HUHTA H.ADAMS WEAVER 54 N.E.FOURTH AVE. J.A.JURGENS PAUL C.WOLFE (. DELRAY BEACH,FLORIDA 33483 MARK B.KLEINFELD MARC S.WOOLF CHARLES B.KOVAL j�l r- J 1(A January 25, 1991 Mr. Thomas G. Bradford • Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Our File No. 13153.1 Dear Tom: . Please find enclosed an amendment to the ordinance relating to recreational impact fees so as to include "cultural" facilities as well as recreational. • Sincer- �:• , ../ `r ohn C. Randolph JCR/ssm Enclosure cc: Mr. Bill Kascavelis ORDINANCE NO. 418 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE 352 OF THE VILLAGE RELATING TO FAIR SHARE CONTRIBUTION FOR PARK AND RECREATIONAL IMPROVEMENTS AND FACILITIES; PROVIDING THAT PARK AND RECREATIONAL FACILITIES SHALL BE DEEMED TO INCLUDE PARKS, PLAYGROUNDS, LIBRARIES, MUSEUMS AND OTHER SIMILAR RECREATIONAL AND CULTURAL FACILITIES; AMENDING SECTION 5 OF ORDINANCE 352 SO AS TO INCLUDE . LIBRARIES, MUSEUMS AND SIMILAR RECREATIONAL AND CULTURAL FACILITIES WITHIN THE TERMS OF THE ORDINANCE; FURTHER AMENDING SECTION 5 SO AS TO PROVIDE THAT SAID FACILITIES BE OPERATED AND/OR LEASED OR OWNED BY THE VILLAGE; PROVIDING A NEW SECTION 8 TO PROVIDE THAT THE VILLAGE COUNCIL MAY, IN ITS DISCRETION, IN LIEU OF THE FAIR SHARE FEE DESCRIBED WITHIN THE ORDINANCE, OR IN EXCHANGE FOR A FUTURE CREDIT OF FAIR SHARE FEES, RECEIVE THE CONVEYANCE OF REAL PROPERTY TO BE USED SOLELY FOR THE PURPOSES DESCRIBED FOR PARKS, PLAYGROUNDS, LIBRARIES, MUSEUMS AND OTHER SIMILAR RECREATIONAL AND CULTURAL FACILITIES; PROVIDING THAT SAID PROPERTY SHALL HAVE AN APPRAISED VALUE EQUAL TO OR GREATER THAN THE FAIR SHARE FEE DETERMINED TO BE DUE OR CREDITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intention of the Village Council that the term recreational facilities for which the "fair share contribution" was contemplated under Ordinance No. 352 should include libraries, museums and other similar recreational and cultural facilities; and WHEREAS, it is the intention of the Village Council by the adoption of this ordinance to amend Ordinance No. 352 of the Village so as to include libraries, museums and other similar recreational and cultural facilities as improvements to which fair share contributions may be directed; and WHEREAS, it is the intention of the Village Council that parks, playgrounds, libraries, museums and similar recreational and cultural facilities for which the fair share fee is collected should be operated and/or leased or owned by the Village of Tequesta; and WHEREAS, it is the desire of the Village Council to provide a method whereby, in the discretion of the Council, it could receive land for the purposes of parks, playgrounds, libraries, museums and other similar recreational and cultural facilities in lieu of the fair share fee or as a credit towards future payments of fair share fees. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 352 of the Village of Tequesta is hereby amended at Section 5 so that said Section shall read as follows: 1 f 0 "Section 5. - The funds collected by reason of the establishment of this Fair Share Ordinance shall be used solely and exclusively for the purpose of acquiring land for and/or constructing parks, playgrounds, libraries, museums and similar recreational and cultural facilities operated and/or leased or owned by the Village or for the purpose of making improvements to or capital expenditures for parks, playgrounds, libraries, museums and similar recreational and cultural facilities operated and/or leased or owned by the Village. " Section 2 . Ordinance No. 352 of the Village of Tequesta is further amended by including therein a new Section 8 which shall read as follows: "Section 8. - The Village Council may, in its discretion, in lieu of the fair share fee described herein, or in exchange for a future credit of fair share fees, receive the conveyance of real property to be used solely for the purposes described herein for parks, playgrounds, libraries, museums and other similar recreational and cultural facilities. Any property so received shall be required to have an appraised value equal to or greater than the fair share fee determined to be due or credited pursuant to the terms of this ordinance. The acceptance or rejection of this alternative is solely within the discretion of the Village and shall be based upon the needs of the Village as determined by the Village Council. " Section 3 . The previous Section 8 of Ordinance No. 352 shall be renumbered so as to follow Section 8 hereinabove. Section 4 . Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. Repeal: of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 2 1 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk • JCR\13153-01\FAIRSHARE.ORD 1\25\91 3