HomeMy WebLinkAboutOrdinance_189_12/31/1971• s
ORDINANCE NO. 189
An Ordinance amending certain provisions
of the proposed Village Charter set forth
in the VILLAGE OF TEQUESTA Ordinance No.
187; and setting forth certain additions
and changes to the proposed Charter,
WHEREAS, The Village Council of the Village of Tequesta, Florida,
heretofore duly passed and adopted Ordinance No. 187 proposing a new
Charter for the Village of Tequesta and providing for a referendum
on said Charter; and
WHEREAS, after a series of public hearings on the Village of
Tequesta Ordinance No. 187, the Village Council deems it to be in
the best interest of the Village to amend and add various provisions
to the proposed Charter set forth in said Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA:
Section 1. That Section 1.01, INCORPORATION, of the proposed
Charter be, and the same is, hereby amended to read as follows:
The municipality hereby established shall be known as the
Village of Tequesta, FLORIDA: and the territorial limits of said
municipality are hereby defined and shall be as follows:
Beginning at the northeast corner of Section 26,
Township 40 South, Range 42 East, Palm Beach County,
Florida; thence southerly along the east line of said
Section 26, to a point in the centerline of the North
Fork of the Loxahatchee River; thence- meandering south-
easterly along the center of the North Fork of the said
LoxaY~atchee River to a point where said centerline
intersects the easterly extension of the north line of
-1-
Government Lot 5, Section 25, Township 40 South, Range
42 East; thence westerly along said easterly extension
and along the north line of-said Government Lot 5, to its
intersection with the easterly right-of-way line of Gulf-
stream Drive, as shown on the plat of Country Club Point,
recorded in Plat Book 27, Page 112, Public Records of
Palm Beach County, Florida; thence southeasterly along
said right-of-way line of Gulfstream Drive, to a point in
a line parallel to and 76.70 feet south of the north line
of said Government Lot 5, Section 25; thence westerly
along said parallel line to its intersection with the
easterly right-of-way line of Tequesta Drive (now
Country Club Drive) as shown on the plat of Bermuda
Terrace, Section 3, recorded in Plat Book 25, Page 198,
Public Records of Palm Beach County, E~lorida; thence
southerly along said easterly right-of-way line of
Tequesta Drive to its intersection with the northerly
right-of-way line of E1 Portal (Tequesta Drive), as
shown on the plat of Bermuda Terrace, Section 1, re-
corded in Plat Book 25, Page 23, Public Records of Palm
Beach County, Florida; thence easterly along said northerly
right-of-way line of E1 Portal (Tequesta Drive), to a
point which is 1,250.58 feet easterly from, as measured
along said right-of-way line, the west line of said Section
25; thence northerly, parallel to said west line of Section
25, a distance of 145.30 feet; thence easterly along a line
parallel to aforesaid north line of Government Lot 5, of
said Section 25, to a point in the centerline of the North
Fork of the Loxahatchee River; thence meadering southerly
along the center of the North Fork of the said Loxahatchee
River, to a point where said centerline intersects the
-2-
• •
westerly extension of the north line of Lot 20, Block 3,
Riverside on the Loxahatchee, as shown on the plat thereof
recorded in Plat Book 9, Pages 4 and 5, Public Records of
Palm Beach County, Florida; thence easterly along said
westerly extension and along said north line of Lot 20,
to its intersection with the westerly right-of-way line
of Riverside Boulevard (now Drive), as shown on said plat
of Riverside on the Loxahatchee; thence northerly and
northeasterly along said westerly right-of-way line of
Riverside Boulevard, to the southeast corner of Lot 12
said Plat of Riverside on the Loxahatchee; thence north-
westerly along the southerly line of said Lot 12 to the
Waters of the North Fork of the Loxahatchee River; thence
northerly meandering the Waters of said North Fork, to an
intersection with the northerly line of said Lot 12;
thence southeasterly along the northerly line of Lot 12
to the said westerly right-of-way line of Riverside Drive;
thence southwesterly along said westerly right-of-way line
to its intersection with the south line of Government
Lot 4, of said Section 25; thence easterly along said
south line of Government Lot 4, to the southwest corner
of the East 330 feet of said Government Lot 4; thence
northerly along the west line of said East 330 feet of
said Government Lot 4, to the north west corner thereof,
thence easterly along the north line of said Government
Lot 4 and along the East-West quarter-section line of
said Section 25, to the southwest corner of the southeast-
quarter of the northeast quarter of said Section 25;
thence northerly along the west line of said southeast-
quarter of the northeast-quarter to the northwest corner
-3-
•
thereof; thence easterly along the north line of said
southeast-quarter of the northeast-quarter of Section
25, to the northeast corner thereof; thence easterly
along the south line of the northwest-quarter of the
northwest-quarter of Section 30, Township 40 South,
Range 43 East, to the easterly right-of-way line of
the Old Dixie Highway, as now laid out and in use;
thence northerly along said easterly right-of-way
of 0 ld Dixie Highway to its intersection with the
north line of the south 600.79 feet (measured at
right angles) of the northwest-quarter of the north-
west quarter of Section 30, Township 40 South, Range
43 East. Thence easterly along said north line of the
south 600.79 feet to the east line of said northwest-
quarter of the northwest quarter. Thence southerly
along the east line of said northwest-quarter of the
northwest quarter to the south line thereof. Thence
westerly along said south line of the northwest quarter
of the northwest-quarter to said easterly right-of-way
line of Old Dixie Highway, thence southeasterly along said
easterly right-of-way line of Old Dixie Highway, to its
intersection with a line parallel to, and 1575.19 feet
southeasterly from, as measured along the centerline of
State Road No. 5 (U. S. Highway No. 1) the north line of
said Section 30; thence easterly along said parallel line,
to its intersection with a line 40 feet westerly from and
parallel with the westerly line of Blocks 1, 2, 3, 4, 5
and 6 of the subdivision of Jupiter Heights, as recorded
in Plat Book 23, Page 69, Public Records of Palm Beach
County, Florida, said line also described as a line 60
feet easterly from and parallel with the center line of
-4-
U. So Highway No. 1 (State Road No. 5) as shown on the
Right of Way map recorded in Road Plat Book 2, Pages
105 through 118, Public Records of Palm Beach County,
Florida; thence southeasterly along said parallel line
to its intersection with the south line of Government Lot 2,
of said Section 30 and the easterly right-of-way line of
U. S. Highway No. 1 (State Road No.5); thence south-
easterly and southerly along said easterly right-of-
way line of said U. S. Highway No. 1, to its intersection
with the north line of the South 540 feet of Government
Lot 3, of said Section 30; thence easterly along the north
line of the South 540 feet of said Government Lot 3, to
its intersection with the centerline of the Intracoastal
Waterway, thence southeasterly along the centerline of
said Intracoastal Waterway, to its intersection with a
line parallel to and 1187.52 feet north of (measured at
right angles to) the south line of Section 30; thence
westerly along said parallel line, to its intersection
with a line parallel to the centerline of the Intracoastal
Waterway, and 1233.36 feet easterly from (measured along
said parallel line) the centerline of said U. S. Highway
No. 1; thence southerly along said parallel line (Intra-
coastal Waterway), a distance of 30.99 feet to a point in
a line parallel with and 1157.52 feet northerly from,
measured at right angles to the south line of said Govern-
meat Lot 4; thence westerly along said parallel line to its
intersection with a line parallel to and 263 feet easterly
from (measured at right angles to) the aforesaid easterly
right-of-way line of U. S. Highway No. 1; thence south-
westerly along said parallel line, to its intersection
with a line parallel to, and 150 feet north of (measured
-5-
0 0
at right angles to) the south line of said Section 30;
thence westerly along said parallel line, to its intersect-
ion with said easterly right-of-way line of said U. S.
Highway No. 1; thence southwesterly along said easterly
right-of-way line, to its intersection with the south
line of said Section 30; thence easterly along said South
line of Section 30, and along the north line of Section
31, Township 40 South, Range 43 East, Palm Beach County,
Florida, to its intersection with the centerline of the
Intracoastal Waterway; thence northwesterly along said
centerline of the Intracoastal Waterway to its inter-
section with a line parallel with and 820 feet northerly
from, measured at right angles to the south line of Lot
195, Jupiter Island, Gomez Grant, according to the Plat
thereof recorded in Plat Book 1, Page 80, Public Records
of Palm Beach County, Florida; thence easterly along said
parallel line to the 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 a point in
the northerly extension of the easterly right-of-way'
line of Colony Road as shown on said plat of Jupiter
Inlet Beach Colony. Thence northerly along said north-
erly extension a distance of 55.67 feet, more or less to a
point in a line parallel with and 53.0 feet northerly from,
measured at right angles to, the said north line of Lot 1
Plat of Jupiter Inlet Beach Colony; thence westerly along
•
said parallel line to a point in the easterly right-
of-way line of State Road No. 707, as same is shown
in right-of-way map recorded in Road Plat Book 2, pages
70, 71 and 72. Thence northeasterly along said right-
of-way and along the arc of a 337.94 foot radius curve,
concave to the northwest to an intersection with the
north line of Lot 197 as shown on said Plat Book 1, page
80; thence westerly along the said north line of Lot 197
to the westerly right-of-way line of State Road No. 707
as same is shown in Road Plat Book 3, page 245, Public
Records of Palm Beach County, Florida; thence south-
westerly and westerly along said right-of-way to the easterly
waters of Jupiter Sound. Thence northerly along the waters
of Jupiter Sound to the north line of said Lot 197; thence
westerly along the westerly extension of the north line
of Lot 197 to its intersection with the centerline of the
Intracoastal Waterway; thence southerly along said center-
line to its intersection with the northerly right-vf-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
-7-
• •
point in the easterly right-of-way of aforesaid River-
side Boulevard; thence southeasterly along the easterly
right-of-way line of said Riverside Boulevard, 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 mean-
Bering northerly along the center of the North Fork of
the Loxahatchee River, to a point where said centerline
intersects the easterly extension of the north line of
Parcel No. 2, Block D, Jupiter-Manors, Section One on
Sheet No. 4, as shown on the plat thereof recorded in
Plat Book 12, Page 38, Public Records of Palm Beach
County, Florida; thence westerly along the easterly
extension of said Parcel No. 2, to the westerly shore
of the North Fork of the Loxahatchee River; thence southerly
along the westerly shore of the North Fork of the Loxa-
hatchee River to the south line of Lot 12, Block D of
said Jupiter Manors; thence westerly along the south
line of said Lot 12 to the easterly right-of-way line
of Sevilla Road, as shown on said plat of Jupiter-
Manors, Section One; thence southwesterly along said
easterly right-of-way line of Sevilla Road to the north
line of Lot 10, Block D of said Jupiter-Manors; thence
easterly along the north line of said Lot 10 to the waters
of the North Fork of the Loxahatchee River; thence southerly
along said waters of the Loxahatchee River to a point in
line bearing N. 78° 10' East, from a point in the said
easterly right-of-way line of Sevilla Road, a distance of
142.75 feet southerly from the Northwest corner of said
Lot 9; thence southwesterly along said line bearing N. 78°
10' East, a distance of 357.3 feet more or less to a point in
-8-
• •
the west line of said Lot 9 (also the east line of said
Sevilla Road); thence southerly and southeasterly along
said easterly right-of-way line of Sevilla Road and
along the northerly right-of-way line of Rio Vista
Drive, to a point described as follows and referred to
herein as Point "A", from the intersection of the waters
of the Northwest Fork of the Loxahatchee River with the
Southeasterly line of Lot 16, Block C, JUPITER MANORS,
Section One, Sheet 4, as recorded in Plat Book 12,
page 38, Public Records of Palm Beach County, Florida,
proceed N. 45° 34' E., along the said southeasterly
line of Lot 16, a distance of 6 feet to an iron pipe;
thence continue N. 45° 34' E., along the said south-
easterly line of Lot 16, a distance of 407.2 feet;
thence N. 48° 12' E., a distance of 30.34 feet; thence
N. 49° 31' W. a distance of 607.8 feet to the Point of
Curvature of a curve concave to the East and having a
radius of 1175 feet; thence along the arc of said curve
a distance of 33.41 feet; thence N. 58° 45' E., a dis-
tance of 162.9 feet to a point hereinafter referred to
as Point "X"; thence N. 31° 15' W. a distance of 70 feet;
thence S. 58° 45' W. a distance of 12.47 feet; thence
N. 25° Ol' 36" W. a distance of 20 feet; thence S. 58°
45' W. a distance of 143.83 feet to the Northerly right-
of-way line of Rio Vista Drive as shown on said plat of
JUPITER MANORS Section One, Sheet 4; thence Northwesterly,
along said right-of-way line, a distance of 0.63 feet to
the Point of Curvature of a curve in said right-of-way
line concave to the East and having a radius of 333.1 feet;
thence along the arc of said curve a distance of 98.04
feet to said Point "A"; thence North 65° 36' 42" East
-9-
r
•
117.42 feet; thence South 89° 14'12" East 51.20 feet;
thence South 25° O1' 36" East 77.0 feet; thence North
58° 45' 00" East 25,34 feet; thence North 25° O1' 36"
West 56.0 feet; thence North 68° 28' 00" East 126 feet,
more or less, to the waters of the Loxahatchee River; thence
southeasterly along the waters of the Loxahatchee River 107
feet, more or less to a point on a line bearing North 58°
45' 00" East from said Point "X". Thence South 58° 45' 00"
West to the said northerly right=of-way of Rio Vista Drive;
thence southeasterly along .said northerly right-of-way
of Rio Vista Drive, to the southerly corner of Lot 1, Block
D, of said Jupiter Manors; thence South 48° 12' west, a
distance of 50.6 feet; thence South 45° 34' West and along
the southeasterly line of Lot 16, Block C, of said Jupiter
Manors and its Southwesterly extension thereof, to a point
in the centerline of the Northwest Fork of the Loxahatchee
River; thence meandering northwesterly, northerly and
northwesterly along the center line of the Northwest Fork
of the Loxahatchee River to a point where said centerline
intersects the north line of Section 27, Township 40 South,
Range 42 East; thence easterly along the north line of said
Section 27, to the northwest corner of Section 26, Town-
ship 40 South, Range 42 East; thence easterly along the
north line of said. Section 26, to the northeast corner of
said Section 26, and the point of beginning.
TOGETHER WITH the following described parcels:
(1) The North 100 feet of Lot 187, Gomez Grant and Jupiter
Island, according to the Plat thereof, recorded in Plat
Book 1, page 80, of the Public Records of Palm Beach County,
Florida. LESS that part deeded for State Road 707, as in
Official Records Book 915, page 43, said Palm Beach County
records. TOGEHTER ~7ITH all riparian and littoral rights
-10-
10 0
which may appertain thereto; and
(2) Commencing at the Northwest Corner of the Southwest
Quarter of the Northeast Quarter of Section 25, Township
40 South, Range 42 East, Palm Beach County, Florida;
thence due East (assumed) along the North line of the
Southwest Quarter of the Northeast nuarter of said Section
25, a distance of 1289.66 feet; thence South 000 231 0011
East a distance of 1325.94 feet; thence South 890 451 20"
West along the South line of said Southwest Quarter, a
distance of 514.15 feet; thence run North 00 251 40" West,
119.0 feet; thence run North 890 451 40" East, 308.80 feet;
thence run North 00 251 40" West, 141.0 feet; thence run
South 890 45' 20" West 367.66 feet to an intersection with the
Easterly right-of-way line of RIVERSIDE DRIVE as now laid
out and in use; thence North 60 091 20" East, along said
right-of-way line, a distance of 74.15 feet to the Point
of Curvature of a curve concave to the Southwest having a
radius of 430.29 feet; thence Northerly, along the arc
of said curve and along said right-of-way line, through
a central angle of 220 251 03", a distance of 168.35 feet;
thence run North 890 36' 46" East, 299.79 feet; thence run
North 00 251 501, west, 249.93 feet; thence South 890 39' 10"
West, 490.44 feet to an intersection with a curve concave
to the Southwest having a radius of 430.29 feet; said curve
also being the Easterly right-of-way line of said RIVERSIDE
DRIVE; thence Northwesterly, along the arc of said curve,
through a central angle of 310 021 5311, a distance of 233.17
feet to the Point of Tangency; thence South 890 47' 10" west
a distance of 297.77 feet; thence North 000 281 50" West a
distance of 519.34 feet to the POINT OF BEGINNING; and
-11-
•
1
(3) From the Northwest Corner of the Southwest (?uarter
of the Northeast C?uarter of said Section 25, run South
0° 28' 50" East, along the West line of the Southwest Quarter
of the Northeast Quarter of said Section 25, a distance of
589.34 feet to an intersection with the Southerly right-
of-way line of RIVERSIDE DRIVE as now laid out and in use, and
the POINT OF BEGINNING; thence North 89° 47' 10" East; along
said Southerly right-of-way line, a distance of 297.45 feet
to the Point of Curvature of a curve to the right having
a radius of 360.29 feet; thence Easterly, along the arc of
said curve, also being the Southerly right-of-way line of
said RIVERSIDE DRIVE, through a central angle of 19•° 26' 31",
a distance of 122.26 feet; thence South 0° 12' 50" East, a
distance of 342.79 feet to an intersection with a line
363.33 feet Southerly of and parallel to the said Southerly
right-of-way line of RIVERSIDE DRIVE; thence South 89° 47' 10"
West, along said parallel line, a distance of 204.19 feet;
thence South 0° 12' S0" East, at right angles to the preceding
Course, a distance of 231.06 feet to an intersection with a
line 147.6 feet Northerly of and parallel to the South line
of the Southwest nuarter of the Northeast ~?uarter of said
Section 25; thence South 89° 45' 20" West, along said parallel
line, a distance of 180.41 feet to an intersection with a
line 30 feet Easterly of and parallel to the West line of
the Southwest quarter of the Northeast quarter of said
Section 25; thence South 0° 28' 50" East, along said parallel
line, to the waters of the LOXAHATCHEE RIVER; thence westerly,
meandering said waters to an intersection with the west line
of the Southwest Quarter of the Northeast Quarter of said
Section 25; thence North 0° 28' 50" West, along said West line
to the POINT OF BEGINNING.
-12-
0
11
EXCEPTING THEREFROM the following described parcels:
(1) The East 25 feet of the West 555 feet of the North
117 feet of the northeast quarter of the southeast quarter
of said Section 25; and
(2) The West 396.87 feet of the West 635 feet of the South
260 feet of the North 390 feet of the northeast quarter
of the southeast quarter of said Section 25,; and
(3) The East 238.13 feet of the West 635 feet of the South
130 feet of the North 390 feet of the northeast quarter of
the southeast quarter of said Section 25; and
(4) The West 25 feet of the East 55 feet of the North 117
feet of the South 132 feet of the northeast quarter of the
southeast quarter of said Section 25; and
(5) The West 150 feet of the East 905 feet of the North 117
feet of the South 132 feet of the northeast quarter of the
southeast quarter of said Section 25; and
(6) The West 75 feet of the East 1080 feet of the North 117
feet of the South 132 feet of the northeast quarter of the
southeast quarter of said Section 25; and
(7) The West 50 feet of the East 1280 feet of the North 117
feet of the South 132 feet of the northeast quarter of the
southeast quarter of said Section 25.
Section 2. That Section 2.01 of the proposed Charter be, and the
same is, hereby amended by adding the following paragraph:
The candidate for each 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 vote
between the candidates receiving the highest number of votes cast
.9
for any office, the Pames of all tied candidates shall be placed
on the ballot and shall be voted upon at an ensuing runoff election
-13-
i
to be held on the succeeding Tuesday. Such election s~iall be
held in the same manner and by the same officers holding the
previous election. No notice need be given of such election.
Section 3. That Section 2.06 be, and the same is, hereby amended
by deleting the comma between the words "year" and "until" in the sixth
line of said Section and by substituting the word "and" in its place.
Section 4. That Section 3.04, THE VILLAGE TREASURER, be, and the
same is, hereby amended to read as follows:
The Village Treasurer shall receive, safely keep and disperse
under the direction of the Council, all funds belonging to or under
the control of the Municipality, and shall keep an acurate account
of all receipts and disbursements as provided by law or in such
manner as the Council shall direct. The Treasurer shall, annually,
on or before the first day of February, furnish to the Council a
full report of receipts and disbursements during the preceding
fiscal year, and shall lay before the Council for examination and
audit all books, papers and vouchers pertaining to his office.
After submission of all said books, papers and vouchers by the
Treasurer, the Council shall have a postaudit by an independent
Certified Public Accountant according to the procedures now set
forth in Chapter 71-218, Laws of Florida. In addition to the
above, the Treasurer shall make special reports for any desig-
nated period as, and when, required by the Council.
The Treasurer shall deposit funds of the Village in such
banks or trust companies as the Council shall from time to time
designate. All checks drawn upon any depository of the Village
funds shall be numbered consecutively, shall be signed by the
Treasurer unless otherwise provided by resolution of-the Co®.ncil,
and no money shall be paid except by check unless express authori-
zation to do so has been first given to the Treasurer by the
Council.
Section S, That Section 4.02, Item 17, be, and the same is, hereby
amended by deleting "ninety (90)" from the sixth line of said item and
-14-
• •
by substituting "sixty (60)" in its place.
Section 6. That Section 4.02, Item 29, be, and the same is,
hereby amended by inserting, starting on the fifth line of this
Section as now set forth, between the words "territory" and "unless",
the following language,
"Under this Section unless it contains less than ten
registered voters and."
Section 7. That Section 4.02, Item 32, be, and the same is,
hereby amended by deleting the word "be" from the tenth line of this
Section and by substituting the word "by" in its place.
Section 8. That Section 6.03, TAX ASSESSMENT: LEVY AND COLLECTION,
shall be, and the same is, hereby amended by changing the last four
paragraphs of this Section to read as follows:
All taxes on real and personal property assessments in any
calendar year shall be a lien thereon from January 1 of such
calendar year, and all such liens shall be superior to all other
liens and encumbrances, except the lien for County Taxes, with
which they shall be of equal dignity and such liens shall continue
and remain until paid and satisfied.
All Village taxes levied and assessed under the tax assess-
ment roles shall be due and payable at the same time, be subject
to the same discounts, penalties and interest, become delinquent in
the same manner, and be subject to the same rights and privileges
of purchase, assignment and redemption as set forth by the general
laws of the State of Florida relating to County Taxes.
Anything to the contrary herein, notwithstanding, in as much
as the provisions of Chapter 69-54, Laws of Florida, as adopted by
the Legislature of the State of Florida, relating to assessment
and collection of taxes by County tax assessment and collection
are in full force and effect, the Village officials shall not be
required to comply with the terms and conditions of this Section.
-15-
r
Section 9. Article 8, MISCELLANEOUS PROVISIONS, shall be,
and the same is, hereby amended by renumbering said Article as Article 9
and by renumbering Sections 8.01 through 8.05 as Sections 9.01 through
9.05.
Section 10. That Article 8 shall be entitled "RECALL PROVISIONS"
and shall read as follows:
Section 8.01: RECALL PETITION
Any or all members of the Village Council may be re-
moved from office by the electors by the following procedure:
A petition for the recall of the Village Councilman or
Councilmen designated, signed by registered voters of the
Village equal in number to at least two hundred registered
voters or ten percent of the voters registered at the last
Village election, whichever is greater, and containing a
statement in no more than two hundred words of the reasons
for the recall, shall be filed with the Village Clerk, who
shall forthwith notify the Village Councilman or Councilmen
sought to be recalled, and he or they, within five days
after such notice, may file with such Village Clerk a
defensive statement not exceeding two hundred words.
The Village Clerk shall at once upon the expiration of
said five days cause sufficient number of typewritten copies
of such petition, without the signatures, to be made, and to
each of them he shall attach a printed or typewritten copy
of such defensive statement, if one is furnished hit*.~ within
the time stated. He shall cause copies of such petitions
to be placed on file in some convenient public place in
the Village Hall and provide facilities there for signing
same, and he shall immediately cause notice to be published
in some newspaper of general circulation in the Village of
the placing of such copies of such petitions. Such copies
-16-
-18-
0
of such petitions shall remain on file in the place
designated for the period of thirty days, during which
any of them may be signed by an elector of the Village in
person; but not by agent or attorney. Each signer of any
such copy shall sign his name in ink or indelible pencil
and shall place thereafter his residence by street number,
if a number has been assigned to his residence.
Section 8.02: NOTICE
At the expiration of said period of thirty days the
Village Clerk shall assemble all of said copies in his
office as one instrument, and shall examine the same and
ascertain and certify thereon whether the signatures there-
to amount to at least two hundred registered voters or ten
percent of the voters registered at the last Village election,
whichever is greater. If the petition is signed by the
registered voters of the Village equal in number to at
least the above number, he shall at once serve notice of
that fact upon the Village Councilman or Councilmen desig-
nated in the petition, and also deliver to the Village Council
a copy of the original petition with his certificate as to the
percentage of registered electors who signed the same and
a certificate as to the date of his last mentioned notice
to the Village Councilman or Councilmen designated in the
petition.
Section 8.03: RECALL ELECTION
If the Village Councilman or Councilmen or any of them,
file with the Village Clerk within five days after the last
mentioned notice his or their written resignation, the said
Village Clerk shall at once notify the Village Council of
that fact and such resignation shall be irrevocable, and the
-17-
Village Council shall proceed to fill the vacancy. In
the absence of any resignation the Village Council shall
forthwith order and fix a day for holding a recall election
for the removal of those not resigning. Any such election
shall be held not less than thirty days nor more than sixty
days after the expiration of the period of five days last
mentioned, and at the same time as any other general or
special election held within such period; but if no such
general or special-..- election be held within such period,
the Village Council shall call a special election to be
held within�the period aforesaid. Should the Village
Council fail or refuse to order an election as herein
provided within the time required such election may be
ordered by any court of competent jurisdiction.
Section 8.04: FILLING OF VACANCIES
In any such election, if a majority of the votes cast
on the question of removal of any Village Councilman are
affirmative, the person whose removal is sought shall
thereupon be deemed removed from office upon the announce-
ment of the official canvass of that election, and the
vacancy caused by such recall shall be filled by the re-
mainder of the Village Council, according to the provisions
of the Charter. If however, an election is held for the
recall of more than one Village Councilman, candidates to
succeed them for the unexpired terms shall be voted upon
at the same election, and shall be nominated without pri-
mary election, by petition signed by ten qualified electors
of said Village. The petition shall contain the name of
such person whose name is presented for a place on the
ballot, and that such person is a candidate for the office
of Village Councilman for the Village, and each elector
5M
0
signing the petition shall add to his signature his place
of residence, with street and number if a number has been
assigned to his place of residence, and the date of signing
and all signatures shall be made with ink or indelible pencil.
To such petition shall be attached an affidavit of the
circulator thereof, stating the number of signers thereto,
that each person signed in his presence on the date mentioned,
and that the signature is that of the person whose name it
purports to be. Such petition shall be filed with the
Village Clerk not less than fifteen days previous to the
date of such election. Any person whose name has been
submitted for candidacy by any such petition shall file his
acceptance of such candidacy with the Village Clerk,not
later than ten days previous to such election; otherwise
his name shall not appear on the ballot. But no such
nominating petition shall be signed or circulated until
after the time has expired for signing the copies of the
petition for recall, and any signatures thereon antedating
such time shall not be counted.
Section 8.05: COUNTING THE VOTE
Candidates shall not be nominated to succeed any par-
ticular village Councilman; but if only one Village Council-
man is removed at such election, the candidate at such
election receiving the highest number of votes shall be
declared elected to fill the vacancy until the next general
election; and if more than one Village Councilman is re-
moved at such election the candidates at such election with
the highest number of votes, equal in number to the number
of Village Councilmen removed shall be declared elected to
fill the vacancies until the next general election.
-19-
~ ~
Section 8.06: EFFECT OF RESIGNATION
No proceedings for the recall of all the members of
the Village Council at the same election shall be defeated
in whole or in part by the resignation of any or all of
them, but upon the resignation of any of them, the Village
Council shall have the power to fill the vacancy until a
successor is elected, and the proceedings for the recall
and election of successors shall continue and have the
same effect as though there had been no resignation.
Section 8.07: MISCELLANEOUS PROVISIONS
Except as herein otherwise provided, no petition to
recall any Vilhage Councilman shall be filed within six
months after he takes office. The Village Clerk shall
preserve in his office all papers comprising or connected
with a petition for a recall for the period of one year
after the same were filed. The method of removal herein
provided is in addition to such other methods as are or
may be provided by general law.
Section 8.08: OFFENSES RELATING TO PETITIONS
No person shall falsely impersonate another, or pur-
posely write his name or residence falsely, in the signing
of any petition for recall, or forge any name thereto, or
sign any such paper with knowledge that he is not a quali-
fied elector of the Village. No person shall sign, or
knowingly permit to be signed, any petition for recall at
any place other than that designated by the Village Clerk.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in any sum not to exceed $500.00, and
costs of prosecution, and may be imprisoned for not ex-
ceeding 60 days, or both, at the discretion of the municipal
-20-
r
court. The foregoing provisions shall not be held to be
exclusive of, but in addition to, all laws of the state
prescribing penalties for the same offenses or for other
offenses relating to the same matter.
Section 11. That Section 7.08 be, and the same is, hereby amended
by deleting "thirty" from the sixth line of this Section and by sub-
stituting "sixty" in its place and by deleting "one year" from the
same line and by substituting "six months" in its place.
Section 12. That Section 8.03, hereinabove renumbered as Section
9.03 be, and the same is, hereby amended by deleting "thirty" from the
third line of this Section and by substituting "ninety" in its place.
Section 13. That Section 8.04, hereinabove renumbered as Section
9.04, be, and the same is, hereby amended by changing the last para-
graph of this Section to read as follows:
Any officer or employee who willfully violates these
requirements shall be guilty of malfeasance in his office
or position and shall forfeit his office or position.
Violation of this provision, with the knowledge, express
or implied, of the person or corporation contracting with
or making a sale to the Village, shall render the contract
or sale voidable by the Village Council.
Section 14. That this Ordinance shall take effect upon its passage
and approval, as provided by law.
PASSED AND ADOPTED ON �aaA-1-0 READING this 31 day
A. D., 1%7/.
APPROVED:
Mayor
ATTEST:
'Village Clerk
21