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HomeMy WebLinkAboutOrdinance_187_10/19/1971ORDINANCE NO. 187 AN ORDINANCE, PURSUANT TO FLORIDA STATUTE, 166.17 AMENDING IN ITS ENTIRETY THE CHARTER OF THE VILLAGE OF TEQUESTA, FLORIDA, AS NOW SET FORTH IN CHAPTER 57-1915, LAWS OF FLORIDA, SPECIAL ACTS OF 1957, AS AMENDED BY CHAPTER 61-944, LAWS OF FLORIDA, SPECIAL ACTS OF 1961: CHAPTER 63-2000, LAWS OF FLORIDA, SPECIAL ACTS OF 1963; CHAPTER 65-2326, LAWS OF FLORIDA SPECIAL ACTS OF 1965; AND CHAPTER 69-1687, LAWS OF FLORIDA, SPECIAL ACTS OF 1969; AND PROVIDING FOR A REFERENDUM BY THE ELECTORS OF THE VILLAGE OF TEQUESTA UPON SUCH AMENDMENT. WHEREAS, Florida Statute 116.17 provides a method for the governing body of the municipality to submit to the electors of the municipality amendments to all or any part of its existing charter; and WHEREAS, it is the desire of at least three fifths of the governing body of the Village of Tequesta to amend the village charter pursuant to said Statute. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1. That the amended charter, a copy of which is attached hereto and made a part hereof by reference, be approved. Section 2. That such charter shall be submitted for referendum to the qualified electors of the VILLAGE OF TEQUESTA, FLORIDA, to be adopted or rejected at a special election hereby called for such purpose by the Village Council on January 11, 1972. In the event a majority of the electors voting at said election vote against the adoption of the amended charter then this ordinance shall be null and void. Section 3. That this ordinance shall take effect upon its passage and approval, as provided by law. 0 01-0 6,vc PASSED AND ADOPTED ON ��AP READING this day of A. D., 1971. APPROVED: Mayor ATTEST: F Village Clerk -2- Article I. Incorporation: Form of Government Section 1.01 Incorporation The municipality hereby established shall be known as the Vil:ldge of Tequesta, FLORIDA: and the.ter.ritorial limits of said municipality are heteby 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 southeasterly along the center of the North Fork of the said Loxahatchee River to a point where said centerline intersects the easterly extension, -'of the north line of 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 Gulfstream 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 Teque'sta Drive (now County Club Drive) as shown on the plat of Bermuda Terrace,. f Section 3, recorded in'Plat Book 25, Page 198 pub ic Records of Palm Beach Countyi Florida; thence southerly along said easterly right-of-way line of Teque,sta Drive to its intersection with �the northerly right-of-way line of El Portal (Tequesta Drive), as shown on the plat of Bermuda Terrace, Section 1, recorded in Plat Book 25, Page 23,,Public Records of -Palm Beach County, Florida; thence easterly along said northerly right-of-way line of El 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 mentioned,north line of GovernLnent Lot 5, of said section 25, to a point in the centerline of the North Fork of the Loxahatchee River; thence meandering southerly along the center of the North Fork of the said Loxahatchee River, to a point where said centerline, intersects the westerly extensions 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. 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 '2 a of Riverside Boulevard, to its intersection with the south line of Government Lot 4, of said Section 25; thence easterlyalong 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 northwest corner thereof; thence easterly along the north line of said Government Lot 4, and along the.East-West quarter-�- section line of said Section 2.5, to the east line of said Section 25; thence northerly along the.east line of Section -25 and along the west line of Section 30, Township 40 south, Range 43 East, Palm Beach County, Florida, to the northwest corner of the southwest -quarter of the northwest -quarter of said Section 30; thence easterly along the north line of said southwest -quarter of the northwest - quarter of said section 30, to the easterly right - ..of -way line of the Old Dixie Highway, as now laid out and in use; 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 231 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 - 3 '- 0 0 U. S. 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 southeasterly 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 Intercoastal 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 angle to) the south line of Section 30; thence westerly along said 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 (Intracoastal 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 Government Lot 4; thence westerly along said parallel line to its intersection with.a line parallel to and 263 feet easterly from (measured. 4 at right angles to) the south line of said -section .30;' thence westerly along said parallel line, to its intersection 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 center line of the Intracoastal Waterway to its intersection 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 southwesterly along the waters of the Atlantic Ocean, to the intersection with the south line of Lot 196, of said Jupiter island Subdivision; thence westerly ..along the south line of said Lot 196 and its westerly extension, to its intersection with the centerline of said Intracoastal Waterway; thence southerly along said centerline of the Intracoastal,Waterway, to its intersection with the easterly extension-- of the northerly right-of-way line of State Road No. 707 (A -l -A), as now laid out and in use; thence westerly along the easterly extension and along the northerly right-of-way line of State Road No. 707 (A -1-A) and 5 its westerly extensions, 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 4.0 South, Range 42 East; thence westerly along the South line of Section 25 to the west line of the east half of thesoutheast quarter of Said Section 25; thence northerly along said west line of the,eas:t 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 mentioned Riverside Boulevard; thence south-easterly along the easterly right-of-way line of said Riverside Boulevard, to the south line of said Section 25; thence westerly.along thesouth line of Section 25, to a point in the centerline of the Nor -Ch Fork of the Loxahatchee River; thence meandering 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, J upiter-Manors, Section One on Sheet No. 4, as shown on the Plat thereof recorded in Plat Book 12, Page,28, 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 Lox.ahatchee River to the south line of Lot 14, Block D' 6 of said Jupiter manors; thence westerly along the South line of said Lot 4.to the easterly right-of-way li ne 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 9, Block D. of said Jupiter -Manors; thence easterly along the north line of said Lot 9 to the waters of the North Fork of the Loxahatchee River; thence,aoutherly� along said waters of the Loxahatchee River to a po int in line bea r,ing N.780 10' East, from a point in the said easterly r"g' ht of way line of Sevilla Road, a distance of 142.75 feet,southerly from the Northwest corner.of said Lot 9; thence southwesterly 61ong said line bearing N. 780 iO' East, a distance of 357.3 feet more or les' s to a point in 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 the southerly corner of Lot 1, Block D, of said Jupiter -Manors; thence South 480 12, West a distance Of 50.6 feet; thence South 450 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, no rtherly and northwesterly along the center line of A. 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 - 7 - the northwest corner of Section 26, Township 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.parcel: The North 100 feet of T-ot 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 Record Book 915, Page 43, said Palm Beach County records. TOGETHER WITH all riparian and littorai- rights which may appertain thereto. 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 southe-ast 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 1.02 Form of Government 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 such village officials as are hereinafter prescribed. Except as limited.in this charter, the village manager shall execute. the laws and administer the government of the Vil . lage. 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 Compensation �- 9 - I] The Village Council of the Village of Tequesta shall consist of five members who shall be elected at large to Seats 1, 2, 3, 4 and 5. The Councilmen in Seats 1, 3 and 5 shall be elected in the even years, and the Councilmen in Seats 2 and 4 shall be elected in'the odd years. The election shall be held on the third Tuesday in March of each year. only qualified electors, as prescribed herein, shall be entitled to vote at such elections. The term of office of each Councilmen shall commence on the fourth Tuesday in March, I following his elec.ti.on, and shall continue for two years thereafter and until his successor is elected and qualif ied. Each Village Councilman shall be entitled to an annual salary to be fixed by ordinance; provided, however, he shall not be entitled to any increase in salary adopted during the term for which he was elected. 4 Section 2.02 Qualifications and Disqualifications No person shall be eligible to any elective office of the Village unless he shall be a citzen of the United States of America, over the 'age of twenty-one years, a registered voter in the Village, and the owner of real property in the Village for a least one year prior to his electioft. Any Village Council- man who ceases to possess�these qualifications shall forthwith forfeit his office. Unless otherwise provided by this Charter, no Village Council- man shall hold any other public office in the Village except that of Notary Public, membership in the National Guard, in the organ- ized reserve of the armed forces of the United States, in any other defense agency recognized by the Village, or in a.status of retirement,from any of the foregoing. 10 0 0 5 Any candidate seeking election as Councilman shall file with the Village Clerk a written notice to such effect during the last ten days'of February in the year of the election,.and shall pay such filing -fee as shal.1 be set by ordinance. Such notice shall be signed by .1 fifty registere d voters or ten per cent of the reg istered voters, whichever is less,,and shall state the Seat 11tumber to which he seeks to,be elected, his place of residence, his age, a description of the real property owned by him in the Village, and any other data required.by ordinance. Section 2.03 Oath of Office Each Councilman before entering upon the discharge of the duties of his office shall take and subscribe the following oath be -Lore some judicial officer of the State, viz: "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 offic6 under the Constitution and that I will faithfully perform all the duties of the office,of . . . . . ... . . 1. 0 . . 0 . on which I am about.to enter so help me God." Section 2.04 Removal Any member of the village Council of the Village maybe re- moved from office and deprived of the right to serve as such official for misfeasance, nonfeasance, malfeasance or any conduct of an immoral or criminal nature committed while holding office. Failure to attend three consecutive regular meetings of the Council without being excused by said Council shall also I be grounds for removal. But*, before any such official shall be removed and denied the right to perform his official duties, a written complaint shall be filed with and presented to the Village Council by some citizen or taxpayer of said Village, setting forth in reasonable detail the offense of which the said official is charged. Such complaint shall be considered by the Village Council, and if such Council shall determine that the offense charged is of such nature and gravity as to constitute.a ground, or cause, for the removal of such official, the Council shall thereupon'set a date for the hearing of.the said complaint and direct the chief of police, or some other officer of the Village, to give the official so charged written notice of the date of trial and also deliver!; to him a copy I of the complaint so filed. Upon the trial of such complaint, testimony shall be heard by the Council, both in support and in defense -of the.charges made, and both the complainant and defendant shall have -the right to be represented by counsel; and, if a majority of the members of the Council present at such hearing shall find and determine that such official is guilty of either or all of the offenses as charged,in. the complaint, the Council shall thereupon adopt a resolution removing such official and depriving him of the right to perform his official duties and declaring his office vacant; and the said official shall no longer have the privilege of performing his official duties, his office shall be vacated and his successor shall thereafter be selected in the manner provided herein. Upon the trial under the provisions of this section, all witnesses shall give testimony under oath and any member of the Council present at such hearhg, or the mayor, or the Village -Clerk shall be authorized to administer oaths. 12 Section 2.05 Vacancies In the event'of a vacancy on the Village Council because ofcbath, resignation,.removal from or forfeiture of office, the Village Council may appoint a substitute until the next general Village election in March. Section 2.06 Mayor and Successors The Village Council at its first meeting after the annual election of Village Councilmen shall, by resolution, appoint one of its members as and to be Mayor of said municipality and another of its members as and to be Vice Mayor of said municipality. Said officers shall serve at the pleasure of the Council for one year, 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; and shall, when directed to do so by the Village Council, execute all instruments to which the Village is a party unless otherwise provided hereby or by ordinance; but he shall have no administrative duties. The Vice Mayor shall act as mayor during the absence or disability of the thstanding, the duly elected Mayor now Mayor. The above notwiL L L i - serving shall retain such office until his term expires. Section 2.07 Power to Appoint Village Off4 cers and Advisors The Village Council shall have the power to appoint and retain all Village officers to include a Village Manager, a Treasurer, a Tax Assessor, a Tax Collector, a Village Clerk (who may also be - 13 - 4 Z 0 Registration officer), a Juage of the Village Court, and such other officials as may be provided for by law or by the Village Council pursuant to the authority conferred by this act. On . the fourth Tuesday in Marchfollowing the annual election, the Village Council shall appoint the Village officers for a term of'one year and until their successors shall be appointed and qualified. Village officers shall serve at the pleasure of the Village Council, and the Council shall fix the compensation of such officers by resolution. The Village Council may appoint the.Village Clerk, Treasurerf Tax Assessor and Tax Collector from within or without their number; provided, however, that, if a Councilman also holds another office., he may only receive compensation as Councilman. The Village Council shall have the power to retain and appoint an engineer, an attorney, and additional officers, as the business of the Village may require.. Section 2.08 Bond The Village Council shall have the power to require the Village Manager, the Village Clerk, Treasurer, Tax Collector and other officers, including its own members, before any of them enters upon the duties of his office, within such time as it may prescribe, to enter into a good and sufficient bond conditioned as it may require for the faithful performance of his duties and it may from time to time require further and additional bonds; and for failure to give the same it may declare such office vacant. Section 2.09 Miscellaneous Powers; Meetings The Village Council 'shall be the judge of Village.elections and the qualifications of its members;. shall have the power to - 14 determine and conduct its own proceedings; and shall have the power to 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 or ,by.any two members of the Village Council. The amount of notice f or special meetings shall be determined by the Vi llage Council by ordinance. Section 2.10 , I Quorum A majority of the membqrs of the Council shall constitute a Quorum to do business, but no action shall be taken except to adjourn, when only three members are present unless their votes are unanimous; provided, however, in the event of a vacancy of two 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 in matters involving the consideration of his official conduct or when his financial interests are involved, in which.case the affirmative vote of a majority of the members voting shall be necessary for the adoption of any ordinance, resolution, order,or vote. Section 2.11 Ordinances The enacting clause of all ordinances shall be: "Be it ordained by the Village Council of Tequesta, Florida". Unless il, approved and subscribed by five (5) members of the Village Counc 15 no ordinances shall be adopted until ten (10) days after the introduction of such ordinance. Every ordinance, when introduced, shall be read in full, but upon consideration of any ordinance on second and final reading, if not amended, it may be read by title only. Every ordinance, upon its adoptiont shall be signed by the Mayor and by the Village,Clerk and when so.signed it shall become effective then, unless otherwise provided therein. Before introduction, all ordinances and resolutions shall be reduced to writing. Resolutions shall be signed by the Mayor and by the Village Clerk. Section 2.12 Electors and Elections Any person who shall possess the qualifications of an elector under the general laws of the State governing elections and shall have resided within the territorial limits of the Village for six (6) months preceding the election and sh'all have registered in accordance with the ordinances of the Village, shall be entitled to vote in any municipal election of the said municipality, except in elections limited to qualified electors who are freeholders residing within the Village. The Village Council shall, by ordinance,, provide for and regulate the registration of voters and the conduct of elections. Section 2.13 . Interference with the Administrative Department Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any'Village officers or employees whom the manager or his subordinates are empowered to appoint, but the Council shall have the power to remove the 16 Village Manager as provided by this Charter and may express its views and discuss all matters with the, Manager. Except for the purpose of inquiries or investigations under this Charter, the .�Coun6il and its members shall deal with Village officials and employees soley through the Manager and neither the Council nor its members shall give orders to any such officials or employees -either publicly or privately. Article III Village Officers Section 3.01 The Village Manager - Appointment, Removal, Qualifications, Disability The Village Council shall appoint a Village Man I ager who shall be the Chief Administrative Officer under the direction and supervision of the Village Council. Themanager shall be chosen by the Council solely on the basis of his administrative and executive qualifications. The Village Manager need not be a resident of the Village, at the time of his appointment, but shall become a resident within six months of the date of such appointment and shall remain a resident thereof during his tenure of office as.Village Manager. Notwithstanding the provisions of Section 2.07, the Village Manager sha 11 be appointed by affirmative vote of at least four members of the Council, and must be removed by a like vote of said Council. At least thirty days before such removal may become effec- tive, the Manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of at least four members of the Council stating the Council's intention to remove him and the reasons therefor. Upon passage of a resolution stating the Council's intention to remove the Manager, the Council may suspend him from duty, but his pay shall continue until his removal - 17 - shall become effective as herein described. In case of the absence or disability of the Manager, the Council may designate a qualified administrative officer of the Village to perform the -duties of the Manager dur'ing such disability or -absence.-, Section 3.02 Village Manager - Functions and Powers The Village Manager shall be the supervisor and managerof 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 his jurisdiction. His powers and duties shall be as follows: 0 (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 municipality 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 tosee that the laws and ordinances of the Village are enforced. (4) To attend all me4tings ofthe Village Council and of its committees,, if requested, with the right to take part in the dis- cussion but without having a vote, and to file at the regular meeting of the Village Council in each month a detailed report of all his actions during the preceding month. (5) To recommend to the Council for.adoption such measures ,as he may deem necessary or expedient in the interests of the - 18 - Village, to keep the Village Council fully advised as to the fin- ancial condition and needs of the Village, and to submit for its consideration an annual budget. (6) To appoint or to delega�te the appointment of all Village employees and to fill any vacancies caused by death, absence and disability of any.employee of the Village. Villag6 employees shall' be appointed upon merit and fitness alone. (7) To appoint all department heads of the Village, subject to the approval of the Village Council, basing such recommendations upon merit and fitness alone. (8) To act as purchasing agent for the Village; authorized to make all purchases of supplies and to approve all vouchers for 'the payment of same. In the capacity of.purchasing agent he 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 regu- lations as the Village Council may -from time to time prescribe. 1 (9) To make contracts on behalf of the Village for the fur- nishing of materials and performance of labor; provided, however, no such contract shall obli'gate the Village for a sum greater than �500.00.and providing, further, all 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 sixty 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 3.03 The Village Clerk The Village.Clerk shall be presentlat,all meetings of - 19 - 0 theCouncil and shall keep a record of the proceedings of the council in a minute book to be provided and kept for that purpose. He shall,preserve and maintain an Ordinance Book for the record- ing and preservation of all duly adopted ordinances. He'shall preserve and maintain a resolution book to be provided and kept for that purpose. The Ordinance Book and Resolution Book shall be deemed to be public records and each ordinaince and resolution j,orecorded shall be signed by -the mayor and by the Village Clerk. 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 certify and keep a.record of all permits issued by the Village or pursuant to its authority. The village Clerk may be the registration officer and shall, in addition to the duties which are or may be required by him bythis Charter or by any Law of the State or by any ordinance of the said municipality, have the custody of all the general records, books and documents of the Village, and shall.perform such further duties as are imposed upon him by the Council, by resolution, ordinance or otherwise. Section 3.04 The Village'Treasurer The Village Treasurer shall receive, safely keep and dis- burse under the direction of the Council, all funds belonging to or under the control of the municipality, and shall keep an accurate account of all receipts and disbursements in such manner as the Council shall direct. The.treasurer shall, annually, on or before the first day of February, furnish to the Mayor and to the Council 20 - 0 a full report of the receipts and disbursements during the preceding fiscal year, and he shall, whenever required by the Mayor or -by the Council, make a special report covering any designated period, and shall lay before the Mayor or the Council for examination and audit all books, papers and vouchers pertaining to -his office whenever requested. He 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 Council, and no money shall be paid except by check, unless express authority'so to do has been first given to the Treasurer by the Council. Section 3.05 The Tax Assessor The Tax Assessor shall assess all property in the Village for taxation by the Village and perform such other duties as may be provided by law or by ordinance or resolution of the Council; provided, however,. heshall not be required to act so long as the provisions of Chapter 69-54, Laws of Florida, are in full force and effect. Section 3.06 The Tax Collector It shall be the duty of the Tax Collector to collect and receive all moneys due to the Village whether for taxes,. assessments. or otherwise; and he shall keep an itemized account of all such moneys in books to be provided for that purpose, wherein shall be entered the name of the person from whom each sum of money is received, and the date when received,.and the purpose for which' - 21 0 such payments is made; and he shall pay and turn over -L-.o the Treasurer daily or at such other times as provided by resolution of the Council all moneys of the Village collected or.received by him during the preceding fiscal year, together,with a statement of the manner in which said moneys have been disposed of by him, and shall keep a record of all taxes, assessments or other charges which ate or may be a lien upon land, and of the payments made for or on account of all such taxes, assessments or othercharges which are liens upon land. At any time, upon demand of the Mayor or the Village Council,# the Tax Collector may be required to furnish a report setting forth detailed information pertaining to his office. -The Tax Collector shall not be required to perform the duties prescribed above so long as the provisions of Chapter 69-54, Laws of Florida, are in full force and effect. Section 3.07 Department and Directors There shall be separate departments as established by the Village Council by ordinance upon recommendation of the Village Manager. Each separate departmenIC head shall be appointed by the Village Manager and approved by the Village Council. Each depart- ment shall be subject to the general supervision and control by the Village Manager, but shall be directly supervised and con- trolled by the person in charge thereof, who shall have the title appropriate of the functions of his department. Except as provided otherwise, the same person may be placed in charge of two or more departments, The Village Manager may head one or more departments and a, director of a department may head one or more of the organi- zational units thereof. - 22 - Article IV Municipal Powers Section 4.01 General Powers 0 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 for a Village to have under the Florida Constitution and under the Laws of Florida, together with the implied power necessary to carry out all the powers granted, as fully and completely a . s though they ate specifically enumerated in this'Charte4 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 Enumerated Powers The Village hereby established shall have power. (1) To raise annually by taxation such sums as the Council shall deem necessary for the lawful purposes cEthe Village provided that no tax shall be levied in any year in excess of 5 mills on the dollar of assessed valuation of taxable property. (2) To tax, license, regulate and control persons, firms, associations and corporations conducting, carrying on or engaged in any business, occupation or profession within the territorial limits of the Village and the amount of such licenses and taxes shall not be dependent upon a general state revenue law. (3) To borrow money temporarily in the name of the Village in the anticipation of the raising of taxes, or,other appropriated - 23 - 0 0 revenue, to an amount due not exceeding 800% of such taxes or other appropriated revenue in any one year. (4) To borrow money temporarily in the name of the Village during the construction of any public'w'ork or improvements, on account of which assessments for benefits are authorized to be made and collected, to,an amount not exceeding 800/4 of.the cost . of any such work . or improvements. (5) To issue its bonds or notes to secure -the repayment of any money it is authorized to borrow. (6) To provide for street lighting,'fire hydrants, garbage collection, sanitary sewer collection, and disposal, and for any other municipal or public service, and to build, construct, acquire, own, maintain, opqrate and lease all structures, land and other equipment necessary therefor except as otherwise provided herein. (7) To regulate and control the use of any public park, street, road or highway within the territorial limits of said Village by any municipality, corporation, firm or individual using any such public street', road or highway for the conduct of gas and water or for telephone or electric light or power poles, lines, subways, or conduits, or for any other public utility or service. (8) To acquire, either by lease, gift or purchase, any land or estates or interest therein, within or without the territorial limits of said Village for any public or municipal purpose, except as provided in sub -section (11) hereof. To give and grant franchises upon such terms and con-- ditions as the Council shall prescribe, for a term not longer than thirty (30) years, to those engaged in furnishing gas, water, electricity, telephone, transportation, sewer, cable TV, or other public service, providing, however, as to any utility where the Village Council by law rate making power, such franchise shall 24 - provide for such rates as shall provide a fair return on the replacement of reproduction value of such utility. (10) To prohibit and abate nuisances. - (11) The Village shall have the power to eminent domain except as to water supply or distribution systems, sewer Or I sanitary�'*collection or treatment systems, and illuminating or fuel gas sales or distribution systems. (12) 1 To prohibit, regulate and license the manufacture, sale, storage, keeping or use of any inflammable, explosive of highly combustible material, thing, substance or compound. (13) To �Iestablish a health�'department and adopt sanitary regulations and ordinances. (14) To protect life and property. (15) To prevent dunkenness, vice and immorality. (16) To preserve the public peace. (17) To fix penalties to be imposed upon offenders convicted of violating any of the ordinances of the Village; provided, however, that no penalty shall exceed a fine of FAIVEE HUNDRED (�500.00) Dollars, or imprisonment in jail or at hard labor on the streets or other work of the Village for a period not exceeding ninety (90) days, or both such fine and imprisonment. (18) To establish, regulate and ma--'rtain a fire department and a system of -Eire protection. (19) -1 .:) establish, regulate and maintain a pol.-Lce department. I- (20) To pay out, open and maintai" Lablic streets, roads, or other places, and to cause'any public streets, roads, highways, or al1eys to be vacated, widened, extended or D-therwise changed as 4-0 its bou--�a-ies or locations; and to acquire the necessary lands for any purpose, and to require, if* the Council shall so de . termine, that any person firm or corporation subdividing land shall put in - 25 - and I construct streets, sidwalks, water mains, or other utilities according to the Village,specifications before the plat thereof shall be approved by the Village Council, which such specifications shall equal or exceed existing County of Palm Beach specifications for similar plats. (21) To cause sanitary and storm sewers and drains to be constructed and maintained together with sewage disposal and treat- . ment plants. (22). To regulate traffic, the speed of motor vehicles, and the use thereof. (23) To construct wharves, docks,and piers; regulate the speed of boats and . watercraft; re-!gulate wharfage, dockage, mooring and. . anchorage of b I oats and watercraft; construct bridges, es.tablish ferriers and fix the rates of ferriage and tolls; erect all necessary public buildings and public works and control and dispose of the same as the interest of the Village may require; to establish bulkhead line upon all waters within the Village, and to adopt ordinances regulating or prohibiting filling of submerged lands outside of such bulkhead lines, which such lines so established shall govern over lines established by -any other gQvernmental.body of the State of Florida; and to do and perform all other act or acts as shall seem necessary and best adapted to the improvement and general interest of the Village. (24) To maintain any or all of its public buildings or work outside the municipal limits of the Village. (25) To enter into contracts with governmental entities, including municipalities, the State of Florida, or the U. S. Government, and any divisions,or agencies thereof, providing for the exercise of any government power or function and to participate in joint financing as necessary. - 26 - E 6 (26) To regulate the sale or handling of Liquor and other alcoholic beverages so far as permitted by State law. I (27) To establish a building code, electrical code and plumbing code and provide for the. issuance of building permits; to have the powers granted by Section 165.191 Florida Statutes, 1955. (28) To adopt from time to time all such ordinances and resolutions as the Council deems necessary or proper for the , general welfare good government and proper,regulation of the municipality and the.protection of life, health or property of the municipality and its inhabitants. (29), Upon petition of the owner or owners of any lands adjoining or within three miles of the terrirorial boundaries of the Village to annex such lands by ordinance to the territorial limits of the Village. Provided, however, that the Village Council may not annex any'territory unless it lies within "the natural boundaries" of the Village as described below: Beginning at a point where the North line of Section 19, Township 40 South, Range 43, East intersects with the Atlantic ocean, which point shall be the point of the beginning, thence South and South- easterly along the coast of the Atlantic Ocean to the center line of the Jupiter Inlet then Westerly and Northwesterly along the center line of Loxahatchee River and its Northwest Fork, to a point in the North line of Section 21, Township 40 South, Range 43 East, thence Easterly along the North line of Sections 21, 22, 213, and 24, of Township 40 South, Range 42 East and the North line of Section 19, Township 40 South, Range 43 East, to the point of beginning. (30) To foreclose assessments, taxes and tax certificates. as provided by law. (31) To levy and collect excise and utility -tax -on the sale of cigarettes, metered and bottled gas, telephone service, electric current and water and similiar services within the Village as ided by general law. provi - 27 - (32) To provide regulations and restrictions governing the height, number of stories, density, construction and size of buildings and other structures, the percentage and portion of lot -that may be occupied, the size of yards., courts, and other open spaces, and the location and use of buildings, structures .and land for trade, industry, residences, apartment houses and other purposes. Such regulations may provide for a board of appeals to determine and vary their application in harmony with their general purpose and intent and in accordance with the general provisions of the ordinances; and may also, be a zoning ordinance, regulate buildings and structures according to their. construction and the nature and extent of their use and the use of lands therein. All such regulations shall be uniform for each class.or kina of buildings or other structures throughout each district, but the regulations in one district may differ from'those in othL-r districts, and all such regulations shall be made in accordance with a comprehensive plan and design for one or more of the following purposes.: To lesson congestion in the streets, to secure safety from fire", panic and other dangers; to promote.health, morals or the general welfare; to provide adequate light and air; to prevent the over -crowding of land and buildings; and to avoid undue concentration of population. Such regulations ,shall be made with reasonable consideration, among other things, to aesthetics, to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout the Village. (33) To employ all persons necessary for the successful operation of the Village and to fix the amount of compensation to be paid to such employees and prescribe the amount and condition of any bond or bonds executed by any employee. �-Mc 1 (34) To have the powers contained in Section 167.73, Florida Statutes. (35) To have all thepowers and privileges granted to municipalities under the general laws of the State of Florida, except as otherwise provided herein. (36) To regulate the use of recreational facilities owned' by the Village, to charge a reasonable fee for the use thereof, and/or to restrict the use thereof to property owners ih or residents of said Village. Section 4.03 Annexation of Contiguous Territory If the Village of Tequesta shall desire to'change its territorial limits by the annexation of any unincorporated tract of land lying contiguous thereto and within the same County, it is lawful so to do in the following manner: If a tract of land proposed to be annexed contains ten or more registered voters, the ordinance proposing to annex said tract.of land shall be submitted to a separate vote of the registered voters of the Village and said tract of land. Such election shall be called and conducted, and the expense thereof paid by the Village; and the said tract of land shall not be annexed unless such annexation is approved by a majority of two-thirds of the registered voters actually voting at such election in said district and in said Village; provided, that any unincorporated tract of land proposed to be so annexed shall, when annexed, constitute a reasonably compact addition to the incorporated territory with which it is combined. Article V Village Court Section 5.01 - 29 - E 0 Village Judge: Jurisdiction, Qualificationst Term, Removal and Disability There is herebyestablished in the Village a court to be known as the "Village Court of Tequesta". Said court and the judge,thereof shall have jurisdiction, power and authority to try all persons charged with violation of any of the ordinances of the Village, without jury, and upon conviction to impose penalties within the limitations prescribed by such ordinances,and by this Charter. The Judge of said court shall be a member of 1. The Florida Bar, shall be appointed by resolution of the Village Council, and shall hold office during the pleasure of the Council. In the event of the absence, disability.or disqualification of said judge, the Council shall have power'to''designate,some suitable person having the,qualifications aforesaid to act during the absence, disability or disqualification of the Vi llage Judge. Section 5.02 Village Judge: Powers The Village Judge shall have power, by warrant, to have brought before him any person or persons charged with the violation of any ordinances of the Village, and shall have exclusive original jurisdiction over all such proceedings. In the proper exercise of the Functions of said court and within its jurisdiction a s hereby defined, the Village Judge shall have power and is hereby authorized to issue and cause to be served by any police officer of said Village, constable or deputy sheriff of the County of Palm Beach, any and all writs, warrants, search warrants and other processes necessary for the detection and puris'hment of violation of any of the ordinances of the Village, and the police of the Village are hereby authorized and it is' hereby made their duty to execute and to serve any and all such writs and processess issued out of the Village Court by the judge thereof, and to make proper return thereon to said court. The Village Judge shall have the power and authority to take.bail or other security for 0 the appearance of any accused person, and, if such person fails to appear, to declare any bail or other security forfeited; to require the attendance of witnessess for -the Village and for the accused person; to administer oaths, and shall have all such other powers as may be.necessary to the due enforcement of any of the ordinances of the Village. The Court shall have power and authority to preserve order and decorum and shall be vested with the same powers to that end by fine and imprisonment as are possessed by,criminal courts of record in this State. Section 5.03 Clerk of the Village Court The Village Clerk shall be the Clerk of the Village Court and shall attend all sessions thereof. He shall keep a docket in which shall be entered the title of all cases tried in said court,.the nature of'the offense charged, the judgment of the court and the fine or imprisonment imposed. He shall file and kE*,--p in his office the complaint, warrant or other process and all papers filed in any of thecases tried before said court. A copy of the docketl complaint, warrant or other process, and of any paper filed in,any.case tried before said court, and certified by the Clerk of said court as being a true copy of the original under the seal of the Village, shall be prima facie evidence thereof and of the.facts therein stated, and shall have the same force and effect,in all courts as would the orginal. Section 5.04 Fines, Penalties, and Fees All fines, penalties and fees collected in the court shall )De revenue of the Village and shall be paid over to the Tax Collector of the Village on the day following the collection 31 of the same, and his receipt therefor shall be taken. No fine or other penalty imposed by the said court shall be remitted except by action of the Village Council, provided, however,, that this shall not be construed as to preclude the Judge of said court from suspending sentence in'any case tried before him. Article VI Taxation Section 6.01 Powers of Village Council the Village Council shall have power,to raise money by taxation for the following uses and purposes: (1) For the general,and incidental expenses of.the Village government. (2) For lighting the public buildingsi streets and other public places. (3) For the'support-and maintenance of a police depart- ment. (4) For the support and maintenance of a fire department. (5) For the support and maintenance of a water depart- ment; including a supply of water for the use of the 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 relief of the poor; and for the support or aid of any hospital in Palm Beach County. (9) For the payment of interest on the public debt; and for the paymentof the principal of the public debt, as the same -.32 0 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 e.quip- ment 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 Villagel-, (15) For the construction and repair of sewers, drains and'drainage ditches. (16) Forthe planting and care of shade or ornamental trees or plants. (17) The purpose of paying any note or other obliga- tion of the Village, with the interest., (18) For maintenance of a sewage system and for the dis- posal 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 inte rest therein required or necessary for the contruction 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. - '33 - Section 6.02 Limitations 0 Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in the form of general obli- gatIon bonds or assessment bonds, or both, shall never in the aggregate exceed 10%' of the assessed value of taxable real property within the Village at the time the indebtedness or indebtednessess are incurred. e section 6.03 Tax'Assessment; Levy and Collection On or before the first day of July in each year, the Tax Assessor shall prepare and furnish to the Council the tax.assessment roll prepared by him for thd,current year, which shall be based upon the full cash market value. Railway and railroad companies and telephone and telegraph companies shall be subject to taxation on real and personal properties owned by them or operated within the Village limits in the same manner and at the same rate of valuation as all other property. Said assessment roll, from . time of its delivery to the Council, shall remain on file in the office of the Clerk, or elsewhere as designated by the Council, a-zid shall then be open to inspection by any taxpayer. On or before the 30th day of September of each year, the Council shall adopt a resolution fixing and determining the amount to be raised by taxation in said Villageforthe following fiscal year. After the adoption of the annual tax levy by the Council, it shall cause a certified copy of said resolution to be delivered to the Tax Assessor, together with the tax assessmertroll and certificate of'the Board of Equalization of Taxes, and the Tax Assessor then shall proceed to assess and extend the taxes on the 34 - 0 tax assessment roll according to and in proportion to the valuations entered therein; when this has been done by the Tax Assessor, and on or before October lst in each year, he.shbll deliver,the same to the Village Clerk, who shall thereafter and before November lst in each year certify and deliver the same, or a, copy thereof, to the Tax Collector, which tax assessment roll or copy shall be the warrant and authority,of the Tax Collector to collect and receive the taxes extended in.said tax assessment roll., All taxes on real and personal property assessments in any calendar year shall be a lien thereon from January lst of such calendar year; and all such'liens shall be superior to all other liens or encumbrances4 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 personal property taxes sl�Lall be a lien upon the per sonal property taxed and shall be superior to the rights acquired under any sale, assignment or chattel mortgage, levy or lien upon any such personal property executed or made after such assessment, except when such personal property is sold in the regular course of trade. Personal property taxes shall become delinquent and shall bear such penalties, and shall be enforceable in the manner provided by law with reference to County personal property taxes. All Village taxes shall be due and payable November Ist of the year in which they are assessed. Discounts for prompt payment of taxes shall be allowed as follows: Four (4) percent if paid in the month of November, three (3) percent if paid in the month of December, two (2) percent if paid in the month of January next following, and one (1) percent if paid in the month of February next following. To all taxes remaining unpaid on April Ist following the year w,en the same are assessed, there shall be added and collected a penalty of five (5) percent. 35 Anything to the contrary herein notwithstanding, inasmuch as the provisions of Chapter.69-84 as adopted by the Legislature of the State of Florida, relating to the assessment and collectbn of taxes by -the County Tax Assessor and the County Tax Collector, are in full force and effect, the Village officials shall not be re- quired to comply -with the terms and conditions of this section. Article VII Initiative and Referendum Section 7.01 Power of Initiative 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.,the same at the polls,, such power being known as the initiative. -Any initiated ordinance may be submitted to the VillageCouncil by,a petition"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 lastVillage election, whichever'is greater. Section 7.02 1 Power of Referendum The electorschall have power to approve or reject at the polls any ordinance passed,,by the Village CounciL, 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 without change shall be subject to the referendum in the same manner as other ordinances. Within twenty 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 equal in number to at least two hundred registered voters or ten percent of the voters registered at the last Village election, whichever I - 36 - 0 is greater may I be filed with the Village Clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. The Village Council may, at its discreation, submit any ordinance after final passage as provided in Section 2.11 to the people for referendum as provided by this Charter. Section 7.03 Form of Petitions: Committee of Petitioners Ali petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the Proposed ordinance. The signature to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there. -shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indica te after his name his place of residence by street and number, or other description suff- icient to indentify the place. There shall appear on each petition the names and addresses of the same five electors, who as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signaturest that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine,signatures of the persons whose names they purport to be. Section 7.04 Filing, Examination and Certification of Petitions All petition papers comprising an initiative or refendum 0 petition shall be assembled and filed with the Village Clerk as one instxLzient. Within twenty days after a petition is filed, the Village Clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The Village Clerk shall declare any petition paper entirely invalid which.does not have attached thereto an affidavit signed by the circulator there :of. If a petition paper is found to be signed by more persons than the number of signatures,certified by the circulator, the last. signatures in excess of the number certified shall be disregarded. 11'. a petition paper is found to be signed by fewer personsthan the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the Village Clerk shall certify the result thereof to the'Village Council at its next regulc;�r meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of Pet- _itioners. of his f indings. Section 7.05 Amendment of Petitions An initiative or referendum petition may be amended at any time �Jithin ten days after the notification of insufficiency has been sent by the Village Clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an org"Ma.11. petition. The Village Clerk shall, within five days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency 38 - of a petition shall not prejudice the filing of a new petition for the same- purpose. Section 7.06 Effect of Certification of Referendum Petition When a referendum petition, or amended petition, as defined in Section 7.05 of this Charter, has been certified as sufficient by, the Village Clerk,,the,ordinance specified in the petition shall not go 4 nto effect or furthe r action thereunder shall be suspended if it shall have gone into effect, until,and unless approved by the electors,.as hereinafter provided. Section 7.07 Consideration by Village.Council Whenever the.Village Council receives a certified initiative or referendum petition from.the Village Clerk, it shall proceed at once 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 ordinance not later than sixty days -after the date on which such ordinance was submitted to the Village Council by the Village Clerk, a referred ordinance shall be reconsidered by the Village Council and its final vote upon such rcconsideration shall be upon the question,,"Shall the ordinance specified in the referendum petition be repealed?" Section 7.08 Submission to Electors 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 therefore, or if the Village Council fails to repeal a referred ordinance, the proposed or -referred ordinance shall be submitted to the electors not less than.thirty�days nor more than one year from 0 the date the,Village Council takes its final vote thereon. The Village Council may, in its discretion, and if no regular election is to be held within.such period, provide for a special'election. Section 7.'09 Form of Ballot For Initiated and Referred ordinances Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this Charter shall besubmitted by ballot title, which shall be prepared in all cases by the Village Attorney-orcther principal legal advisor of the Village. The Ballot title may be different from the legal title of any such intiated or referred ordinance and shall be a 'cle ar, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other in the order indicated; "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE". immediately at the left of each proposition there shall be a square in which by making a cross (x) the elector may vote for or against the ordinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. if voting mach'ines are used, the ballot title of any ordinance shall have below it the'same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. Section 7.10 I Availability of List of oualified Electors If any organization or group requests the list of qualified electors for the purpose of circulating descriptive matter relating MEHME 0 to an ordinance to be voted on, the Village Clerk or other official 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 7.11 Result of Elections 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 s hall thereupon be deemed repealed. If conflicting ordinances are appr oved by the electors at the same election, the one receiving, the greatest number of affirmativevotes shall prevail to the extent of such conflict. Section 7.12 Repealing Ordinances; Posting '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 VIII Miscellaneous Provisions Section 8.01 Constitutionality 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, such - unconstitutionality shall not affect any other sections or provi-I sions of this Charter or the application of such sectionsor provisions as . to any other situation and it is intended that this law shall be construed and,applied,as if suph unconsitiutional section 0 or provisions had not been included herein. Section 8.02 Public Meetings All meetings of the Council shall be open to the public and the rules of the Council shall provide, that the citizens of the Village shall have a reason,,able opportunity to be heard at such meetings in regard to any matter pertaining to the Village. Section 8.03 Actions.Against the Village No person, firm or corporation shall institute any action, for damages against the Village without having first filed within thirty (30) days from the date of the accrual of the cause of.action. a notice of the claiml in writing, with the Council, and with the Village Attorney, if any, setting, forth in detail the nature and particulars constituting the basis of such claim, and all actions against the Village, including actions for wrongful death, but not including actions ex contractu, shall be barred unless, instituted within one year from the date of the accrual of the cause of action. Section 8;04 Conflict of Interest No councilman shall be appointed to any offic e or employ- ment I in the Village until one year after the expiration of the term for which he was elected to the Council. No councilman, officer or employee should have any interest, financial or ctherwi8e, direct or indirect, or engage in any business or transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest. A substantial conflict means 1� ownership, directly or indirectly, of five percent or more of the capital.stock in any corporation, or a direct or indirect interest of five percent or more in a,firm, partnership, or business entity,, including a sole proprietary business doing business with the Village, or in any application for a change, or modification, or variance from any Building or Zoning Ordinance, or any ordinance, or in any other Village matter. In the event of such a conflict, the officer or employee should make that interest known and refrain from voting upon or otherwise participating in any way whatever in his capacity as a Village officer or employee in the making of any such contracts or changes. Any Village officer or employee . who willfully violates these requirements shall . be guilty of malfeasance in office or position and shall forfeit his office or position. Violat�bn of this provision with the knowledge, express or implied, of the person or corporation contracting with, or making a sale to the Village, should'render the contract or sale voidable by the Village Manager or the'Village-Council. Section 8.05 4 Ef fect of this Charter All:laws and parts of laws relating to or affecting the Village in force when this charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Chzrterbut, 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 shall take effect relating to or affecting the Village, the provisions of 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 a n d applied.