HomeMy WebLinkAboutOrdinance_293_04/28/1981. ~
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ORDINANCE NO. 293
AN ORDITQAi1CE OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING ARTICLE IV, SECTION 9 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF TEQUESTA SO AS TO
PROVIDE THAT PAYP~?ENTS MADE BY DEVELOPERS TO THE
VILLAGE OF TEQUESTA IN LIEU OF DEDICATION OF
PARKS IN PROPOSED SUBDIVISIONS MAY BE HELD IN
ESCROW AND USED BY THE VILLAGE FOR THE PURPOSES
OF T!~AKING IMPROVE"!TENTS AND CAPITAL EYPENDITURES
FOR THE OPERATION OF PARKS AND RECREATIONAL AREAS
OWNED AND/OR OPERATED BY THE VILLAGE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, as follows:
Section 1. Article IV, Section 9, of the Code of Ordi-
nances of the Village of Tequesta is hereby amended at Subparagra~
2 thereto so as to provide that payments made by developers to the
Village of Tequesta in lieu of dedication of parks in proposed
subdivisions may be held in escrow and used by the Village for the
purposes of making improvements and capital expenditures for the
operation of parks and recreational areas owned and/or operated b~
the Village as Gvell as for the purpose of acquiring parks and
playgrounds. Said Subparagraph 2 shall be amended to read as
follows:
"(2) The subdividers or owners shall make
outright dedication to the Village for park
and recreational purposes at least four
(4) per cent of the gross area of said
subdivision, said dedication to include parts
or all of park areas proposed in a Compre-
hensive Development Plan of the Village that
are located in said subdivision. In the event
the subdivision is too small for an acceptable
park dedication or does not include a park
area as shown on a comprehensive plan, the
owner may elect to pay unto the Village of
Tequesta such sum of money equal in value to
four (4) per cent of the gross area of the
subdivision, which sum shall be held in escrow
and used by the Village for the purpose of
acquiring parks and playgrounds or for the
purposes of making improvements to or capital
expenditures for parks and recreational areas
owned and/or operated by the Village, and shall
be used for no other purpose. The aforementioned
value shall be the value of the land subdivided
without improvements. If agreement cannot be
• •
reached as to a land value, the value
shall be determined by arbitration. The
Village Council shall appoint a professional
land appraiser, the subdivider shall appoint
a professional land appraiser; and these two
shall appoint a third.
Section 2. In the event that any section, subsection,
clause, sentence or provision is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 3. Permission to codify this Ordinance is here
granted.
Section 4. This Ordinance shall take effect immediate)
upon its adoption and approval.
THE FOREGOING ORDINANCE was offered by Councilmember
Thomas J. Little who moved its adoption. The Ordinance
was seconded by Councilmember Lee M. Brown
being put to a vote, the vote was as follows:
AGAINST ADOPTION
and upon
The Mayor thereupon declared the Ordinance duly passed
and adopted this 28 day of
April 1981.
1`7AYOR OF TEQUESTA
ATTEST:
Vi )age erk
FOR ADOPTION