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JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
• 605 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
LARRY B.ALEXANDER MICHAEL T.KRANZ P.O.DRAWER E R.BRUCE JONES
GEORGE H.BAILEY BLAIR R.UTTLEJOHN,III WEST PALM BEACH,FLORIDA 33402-3475 1904-1888
KEVIN C.BEUTTENMULLER JOHN M.L.ROUX
MICHAEL D.BROWN JOHN BLAIR MCCRACKEN (407)859-3000 HENRY F.LIUENTHAL
RUTH P.CLEMENTS PAMELA A.MCNIERNEY 1902-1982
SCOTT M.COLTON TIMOTHY E.MONAGHAN FAX:(407)832-1454
JOYCE A.CONWAY GUY RABIDEAU
MARGARET L.COOPER JOHN C.RANDOLPH HARRY ALLISON JOHNSTON
BYRON R.CORNWELL PAULA REVENE 1895-1983
REBECCA G.DOANE ANDREW ROSS
RANDY D.ELLISON STEVEN J.ROTHMAN RETIRED
L.MARTIN FLANAGAN PETER A.SACHS WILLIAM A.FOSTER
SCOTT A.GLAZIER ANDREA J.SAFKO WRITER'S DIRECT LINE:
LORI E.HANDELSMAN JOEL T.STRAWN
SCOTT G.HAWKINS SIDNEY A.STUBBS,JR.
THORNTON M.HENRY ALLEN R.TOMLINSON OTHER LOCATION
PETER S.HOLTON JOHN S.TRIMPER
HARRY A.JOHNSTON,II SANDY M.VANSTRUM
J.A.JURGENS MICHAEL P.WALSH 54 N.E.FOURTH AVE.
MARK B.KLEINFELD H.ADAMS WEAVER DELRAY BEACH,FLORIDA 33483
CHARLES B.KOVAL PAUL C.WOLFE
MARC S.WOOLF
January 17, 1991
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Mr. Thomas G. Bradford
Village Manager ,
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Fair Share Ordinance
Our File No. 13153. 1
Dear Tom:
For your consideration And review I have proposed amendments to
Ordinance No. 352. If this meets with your approval, I believe it
'is ready for consideration by the Village Council.
Sincere
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Enclosure
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ORDINANCE NO.
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 FACILITIES; AMENDING SECTION 5 OF
ORDINANCE 352 SO AS TO INCLUDE LIBRARIES,
MUSEUMS AND SIMILAR RECREATIONAL 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 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
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 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
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 or
other similar recreational 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:
"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 or similar recreational facilities operated
and/or leased or owned by the Village or for the purpose
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of making improvements to or capital expenditures for
parks, playgrounds, libraries, museums and similar
recreational 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 ,
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
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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\17\91
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