HomeMy WebLinkAboutDocumentation_Charter Review_Tab 07_07/16/2007 Resolution 53-06/07
A RESOLUTI�N OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, ESTABLISHING AN AD HOC
ADVISORY BOARD TO THE VILlAGE COUNCIL TO
BE KNQWN AS THE eHARTER REVIEW BOARD;
ESTABLISHING ITS PURPOSE; PROVISING FOR
ITS MAKEUP; AND ESTABLISHING THE TERM OF
ITS EXISTENCE; PROVIDING AN EFFECTlVE
DATE.
WHEREAS, the Village Charter of the Village of Tequesta was adopted by
the approval of electors by Ordinance 189 of the Village on January 11, 1972;
and
WHEREAS, amendments have been made from time to time since the
adoption of the original Village Charter; and
WHEREAS, the Village Council deems it appropriate to review said
Charter in its entirety to give considera#ion as to whether said Charter should be
amended; and
WHEREAS, the Village Council desires to establish a Charter Review
Board for the purpose of reviewing the Charter and making recommendations to
the Village Council for amendments to same, if any.
NQW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE 4F TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village Council hereby authorizes the formation of an Ad Hoc
Advisory Board to be known as the Charter Review Board. The specific purpose
of the Board shall be to serve as an advisory board to the Village Council on
matters relating to the review and amendment of the Village Charter.
Section 2. The Charter Review Board shall consist of five (5) members, all of
whom shall be year round residents and registered voters of Tequesta. Each
Village Council Member shall nominate one member to the Board (Attachment
A), and the Village Council will ratify the full Board of five. When requested by
the Board, the Village Attorney will be present to advise the Board; and the
Village Manager, when able to attend, will be present as a resource.
Section 3. The Charter Review Board shall meet as frequently as necessary to
complete its review of the Village Charter and to make recommendations to the
Village Council relating to the review and as to any proposed amendments.
Section 4. During the first meeting of the Board, a meeting schedule will be
established, a Chair and Vice-Chair will be appointed and discussion on the
Charter will begin.
Section 5. The Charter Review Board shall bring their proposed Charter
Amendments before Council during the October 11, 2007 Village Council
Meeting for Council review and approval.
Section 6. The Charter Review Board shall automatically be dissolved on
November 8, 2007.
Seetion 6. This Resolution shall become effective immediately upon passage.
The foregoing Resolution was offered by Council Member Amero who moved its
adoption. The motion was seconded by Council Member Turnquest and upon
being put to a vote, the vote was as follows:
FOR AGAINST
MAYOR JIM HUMPAGE X
VICE-MAYOR PATRICIA WATKINS X
COUNCILMEMBER DANIEL AMERO X
COUNCILMEMBER THOMAS PATERNO X
COUNCILMEMBER CALVIN TURNQUEST X
The Mayor thereupon declared the Resolution duly passed and adopted this 14
day of June 2007.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams, CMC
Village Clerk
Attachment A
2007 Charter Review Committee
(Committee to be Nominated and Ratified During the 6/14/07 Council Meeting)
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Mayor porothy Campbell 30 Eastwinds Circle 746-5936 346-1809 therealdorothv(a�aoLcom
Humpage Tequesta, FL 33469 merrvmont(c�aol.com
Vice-Mayor Joe Capretta 252 Tequesta Circle 744-2538 459-0747 No Email
Watkins Tequesta, FL 33469
Council Member Geraldine Genco 7 Country Club �rive 745-3893 371-3947 ggencoCa�aol.com
Paterno Tequesta, FL 33469
Council Member Mary Hinton 12 Oakland Court 746-5873 762-0560 Mdhinc1(c�aol.com
Amero Tequesta, FL 33469
Council Member Vince Arena 463 Tequesta Drive 747-9370 310-6444 Finchaser50Cc�aol.com
Turnquest Tequesta, FL 33469
' ARTI�LE L INCORPORATION; FORM OF GOVERNMENT Page 1 of 1
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ARTICLE I. INCORPORATION; FORM OF GOVERNMENT
Section 1.01. Incorporation.
The municipality hereby established shall be known as the Village of Tequesta, Florida. The
territorial limits of said municipality are defined in Appendix A attached hereto.
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 a Village
Manager as hereinafter prescribed. Except as limited in this Charter, the Village Manager shall execute
the lawsand administer the government of the Village. All powers of the Village shall be exercised in the
manner �rovided by this Charter, or if the manner be not provided then in such manner as may be set
forth by ordinance.
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ARTICLE il. THE VILLAGE COUNCIL
Section 2.01. Selection, Term and Compensation.
The Village Council of the Village of Tequesta shalf consist of five (5) members who shall be
elected at large to Seats 1, 2, 3, 4 and 5. The Councilmembers in Seats 1, 3 and 5 shall be elected in
the even years, and the Councilmembers in Seats 2 and 4 shall be elected in the odd years. The
election shall be held on the second 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 Councilmember shall commence at the next Council meeting
subsequent to the date of the Councilmember's election and shall continue for two (2) years thereafter
and/or until the Councilmember's successor is elected and qualified.
Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance;
provided, however, a Councilmember shall not be entitled to any increase in salary adopted during the
term for which such Councilmember was elected.
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 for any office, the names of all tied candidates shall be placed on the ballot and shall be
voted upon at an ensuing runoff election to be held on the fourth (4th) Tuesday in March. Such election
shall be held in the same manner and by the same election officials holding the previous election.
Section 2.02. Qualifications and Disqualifications.
No person shall be eligible to any elective office of the Village unless said person shall be a
registered voter and resident of the Village. Any Village Councilmember who ceases to possess these
qualifications shall forthwith forfeit his or her office.
Any candidate seeking election as Councilmember shall file with the Village Clerk a written
notice to such effect from and including noon on the last Tuesday in January to and including noon on
the second Tuesday in February in the year of the election, and shall pay such filing fee as set by
ordinance. Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta
and shall state the seat number to which said candidate seeks to be elected, the candidate's place of
residence, the candidate's age and any other data required by law.
Section 2.03. Oath of Office.
Each Councilmember, before entering upon the discharge of the duties of office, shall take and
subscribe the following oath before the Village Manager or presiding officer of the Council, 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 office under the Constitution and that I will faithfully perform all the duties of the office of
on which I am about to enter so help me God."
Section 2.04. Removal/Recall.
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Any or all members of the Village Council may be removed or recalled from office in accordance
with procedures established by Florida law.
State law references: Recall, F.S. § 100.361.
Section 2.05. Vacancies.
In the event of a vacancy on the Village Council because of death, resignation, removal from or
forfeiture of office, and the period of vacancy is to be more than six (6) months, the Village Council shall
provide for a special election to fill the vacancy until the expiration of the term. If the period of vacancy
is to be for a period of less than six (6) months but more than three (3) months, then the Village Council
may appoint a substitute to fiil the vacancy until the expiration of the term. If the period of vacancy is to
be for a period of less than three (3) months, no appointment shall be made and the position shall
remain open until the expiration of the term. The criteria for selection of substitute Councilmembers
pursuant to the terms of this provision shall be established by ordinance.
Section 2.06. Mayor and Successors.
The Village Council at its first regular meeting subsequent to the date of the annual election of
Village Councilmembers shall appoint one of its members as and to be Mayor of said municipality and
another of its members as and to be Vice-Mayor. Said officers shall serve at the pleasure of the Council
for one (1) year and/or 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, execute all
instruments to which the Village is a party, as approved by vote of the Village Council, unless otherwise
provided hereby or by ordinance; but the Mayor shall have no administrative duties. The Vice-Mayor
shall act as Mayor during the absence or disability of the Mayor.
Section 2.07. Meetings.
The Village Council shall 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, Manager, or independently by any
finro (2) members of the Village Council. The amount of notice for special meetings shall be determined
by the Village Council by ordinance.
State law references: Open meetings, F.S. § 286.011.
Section 2.08. Quorum.
A majority of the members of the Council shall constitute a quorum to do business, but no action
shall be taken except to adjourn, when only three (3) members are present unless their votes are
unanimous; provided, however, in the event of a vacancy of two (2) 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 as determined by Florida Law.
Section 2.09. Ordinances and Resolutions.
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The adoption of ordinances and resolutions shall be as prescribed by Florida law.
State law references: Procedure for adoption of ordinances and resolutions, F.S. § 166.041.
Section 2.10. Electors and Elections.
Issues relating to electors and elections shall be as prescribed by Florida law relating to such
elections and as may be prescribed by ordinance of the Village in matters not preempted by said law.
State law references: Elections, F.S. chs. 97--106.
Section 2.11. 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 employee. The Council shall have the power to remove the 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 Council and its members shall deal
with Village employees solely through the Manager and neither the Council nor its members shall give
orders to any such officials or employees, either publicly or privately.
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� AIZTICL� IIL VILLAGE ADMINISTRATION Page 1 of 2
ARTICLE III. VILLAGE ADMINISTRATION
Section 3.01. Village Administration Defined.
Village administration shall include a Village Manager, a Village Clerk and such other
department heads as may be provided for by this Charter, Florida law or by vote of the Village Council.
Section 3.02. The Village Manager--Appointment, Removal, Qualifications, Vacancy.
The Village Council shall appoint a Village Manager who shall serve at the pleasure of the
Council and who shall be the Chief Administrator under the direction and supervision of the Village
Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative
and executive qualifications.
The Village Manager shall be appointed by affirmative vote of at least four (4) members of the
Council, and must be removed by a like vote of said Council.
A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by
either temporary or permanent appointment by the Village Council at a regular or special Council
meeting within thirty (30) days of the creation of the vacancy.
Section 3.03. Village Manager--Functions and Powers.
The Village Manager shall be the supervisor and manager of 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 the Village Manager's jurisdiction. The Village Manager's powers and duties shall
be as follows:
(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 Village
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 to see
that the laws and ordinances of the Village are enforced,
(4) To attend all meetings of the Village Council and of its committees, if requested,
with the right to take part in the discussion but without having a vote, and to file at the
regular meetings of the Village Council in each month a report of the Village Manager's
actions during the preceding month in a form as directed by vote of the Village Council.
(5) To recommend to the Council for adoption such measures as the Village Manager
may deem necessary or expedient in the interests of the Village, to keep the Village
Council fully advised as to the financial condition and needs of the Village, and to submit
for its consideration an annual budget.
(6) To appoint, and when deemed necessary for the good of the Village, suspend or
remove any Village employee and/or department head provided for, by, or under this
Charter, or by ordinance, except as otherwise provided by Florida law, this Charter or
personnel rules adopted by ordinance or resolution. The Village Manager may authorize
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A.RTICLE III. VILLAGE ADMINISTRATION Page 2 of 2
any department head to exercise these powers with respect to subordinates in that
department.
(7) To direct and manage the activities of all Village staff in protecting the lives and
property of Village residents during periods of natural or man made disaster or civil strife
whenever such emergency might occur.
(8) To act as }�urchasing agent for the Village; authorized to make all purchase of
supplies and to approve all purchase orders for the payment of same. In the capacity of
purchasing agent the Village Manager 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 regulations as the Village Council
may from time to time prescribe.
(9) To make contracts on behalf of the Village for the furnishing of materials and
performance of labor; provided, however, that no such contract shall obligate the Village
for a sum greater than allowed by ordinance, and provided, further, that such contracts
shall be presented to the Viliage Council at the next regular meeting after the execution
or awarding thereof for action thereon by the Vi►lage Council.
(10) To prepare and submit to the Village Council, within ninety (90) 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 3.04. The Village Clerk.
The Village Clerk shall be appointed by the Village Manager and function under the supervision
and direction of the Village Manager. The Village Clerk shall be present at all meetings of the Council
and shall keep a record of the proceedings of the Council in a minute book to be provided and kept for
that purpose. The Clerk shall preserve and maintain an ordinance book for the recording and
preservation of all duly adopted ordinances, and shall preserve and maintain a resolution book to be
provided and keptfor that purpose, the Ordinance Book and Resolution Book to be deemed public
records. 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 conduct functions relating to elections as prescribed by Florida law
and/or Village ordinance and shall, in addition to the duties which are or may be required of the Village
Clerk, by this Charter or by Florida law, have the custody of all the general records, books and
documents of the Village, and shall perform such further duties as are imposed upon the Village Clerk
by the Village Manager.
Section 3.05. Department Heads.
There shall be separate departments as established by the Village Council by ordinance upon
recommendation of the Village Manager. Each separate department head shall be appointed by the
Village Manager. Each department shall be subject to the general supervision and direction by the
Village Manager, but shall be directly supervised and directed by the person in charge thereof, who
shall have the title appropriate of the functions of his or her department.
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A.RTICLE N. MLTNICIPAL POWERS* Page 1 of 1
ARTICLE IV. MUNICIPAL POWERS*
*State law references: Municipal home rule powers, F.S. ch. 166.
Section 4.01. General Powers.
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 under the Florida Constitution and under
Florida law, together with the implied power necessary to carry out all the powers granted, as fully and
completely as though they are specifically enumerated in this Charter 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. Annexation of Contiguous Territory.
If the Village of Tequesta shall desire to change its territorial limits, either by annexation or
contraction it shall do so in the manner prescribed by Florida law.
State law references: Annexation, F.S. ch. 171.
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� ARTICL� V. TAXATION Page 1 of 2
ARTICLE V. TAXATION
Section 5.01. 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 buildings, streets and other public places.
(3) For the support and maintenance of a police department.
(4) For the support and maintenance of a fire department.
(5) For the support and maintenance of a water department; including a supply of water
for the use of 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 of any charitable purpose designated
by the Village Council.
(9) For the payment of interest on the public debt and for the payment of the principal of
the public debt, as the same 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 equipment 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 Village.
(15) For the construction and repair of sewers, drains and drainage ditches.
(16) For the planting and care of shade or ornamental trees or plants.
(17) The purpose of paying any note or other obligation of the Village, with the interest.
(18) For maintenance of a sewage system and for the disposal 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 interest therein required or necessary for the construction 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.
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ARTICL� V. TAXATION Page 2 of 2
(22) For any public, corporate or municipal purpose.
Section 5.02. Limitations.
Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in
the form of general obligation 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
indebtednesses are incurred.
Section 5.03. Tax Assessment; Levy and Collection.
The method of assessing taxes; levy and collection shall be as prescribed by Florida law.
State law references: Taxation, F.S. chs. 192--197.
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ARTICLE VI. INITIATIVE AND REFERENDUM
Section 6.01. 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 Village Council by a petition
signed by registered voters of the Village equal in number to ten (10) per cent of the registered voters
of the Village of Tequesta.
Section 6.02. Pawer of Referendum.
The electors shall have power to approve or reject at the polls any ordinance passed by the
Village Council, except an ordinance appropriating money or authorizing the levy of taxes, 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 Council
without change shall be subject to the referendum in the same manner as other ordinances. Within
thirty (30) days after theenactment 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 ten (10) per cent of
the voters registered at the last Village election may be filed with the Village Clerk requesting that any
such ordinance be either repealed or submitted to a vote of the electors. Such an ordinance shall be
termed the "referred ordinance."
Section 6.03. Form of Petitions.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform in
size and style. The person(s) or group attempting to circulate a petition shall register their name and
address with the Village Clerk before starting to circulate the petition. Initiative petition papers shall
contain the full text of the proposed ordinance. Referendum petitions shall state the title and number of
the ordinance to be repealed or submitted for a vote of the electors. The signatures to initiative or
referendum petitions need not a�l be appended to one paper. Each signer of any such petition paper
shall sign his or her name in ink or indelible pencil and shall indicate after his or her name his or her
place of residence by street and number, or other description sufficient to identify the place. Attached to
each group of papers there shall be an affidavit of the person(s) circulating the petition that he or she,
and he or she only, personally circulated the foregoing paper, that it bears a stated number of
signatures, that all the signatures appended thereto were made in his or her presence, and that he or
she believes them to be the genuine signatures of the persons whose names they purport to be.
Section 6.04. Filing, Examination and Certification of Petitions.
All petition papers shall be assembled and #iled with the Village Clerk as one instrument. Within
ten (10) business days after a petition is filed, the Village Clerk shall determine whether each group of
papers of the petition has a proper statement of the person(s) circulating the petition and whether the
petition is signed by a sufficient number of qualified electors. The Village Clerk shall declare any group
of papers entirely invalid which does not have attached thereto the required affidavit signed bythe
persons(s) circulating the petition. If a petition is found to be signed by more persons than the number
of signatures certified by the persons(s) circulating the petition, the last signatures in excess of the
number certified shall be disregarded. If a petition is found to be signed by fewer persons than the
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number certified, the signatures shall be accepted unless void on other grounds. After
completing examination of the petition, the Village Clerk shall within three (3) days certify the result
thereof in writing to the individual members of the Village Council. If the Village Clerk shall certify that
the petition is insufficient the Village Clerk shall set forth in a certificate the particulars in which it is
defective and shall at once notify the persons circulating the petitions of the findings.
Section 6.05. Amendment of Petitions.
An initiative or referendum petition may be amended at any time within ten (10) 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 original petition. The Village Clerk shall,
within five (5) days after such an amendment is filed, make examination of the amended petition, and, if
the petition be still insufficient, the Village Clerk shall file a certificate to that effect in theVillage Clerk's
office and notify the persons who circulated the petitions of such findings and no further action shall be
had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing
of a new petition for the same purpose.
Section 6.06. Effect of Certification of Referendum Petition.
When a referendum petition, or amended petition, as defined in Section 6.05 of this Charter, has
been certified as sufficient by the Village Clerk, the ordinance specified in the petition shall not go into
effect, or further action thereunder shall be suspended as of the date of the certification if it shall have
gone into effect, until and unless approved by the electors, as hereinafter provided.
Section 6.07. Consideration by Village Council.
Whenever the Village Council receives a certification of an initiative or referendum petition from
the Village Clerk, it shall proceed within the next thirty (30) days or at the next Village Council meeting,
whichever is sooner, 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 initiative ordinance not
later than sixty days after the date on which such ordinance was certified to the Village Council by the
Village Clerk.
A referred ordinance shall be reconsidered by the Village Council at the next Village Council
meeting following certification and the Village Council shall within sixty days make its final vote upon
such reconsideration by determining the question, "Shall the ordinance specified in the referendum
petition be repealed?"
Section 6.08. 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 [thereforj, or if the Viliage Council fails to
repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not
less than sixty days nor more than four (4) months from the date the Village Council takes its final vote
thereon. The Village Council shall, if no regular election is to be held within suchperiod, provide for a
special election.
Section 6.09. Form of Ballot for Initiated and Referred Ordinances.
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ARTICLE VI. INITIATIVE AND REFERENDUM Page 3 of 3
Ordinances submitted to vote of the electors in accordance with the initiative and referendum
provisions shall be submitted by ballot. The ballot title may be different from the legal title of any such
initiated or referred ordinance, but the ballot shall contain a clear, concise statement, without argument
or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any
ordinance, shall have after the concise statement the following propositions, in the order indicated:
"FORTHE ORDINANCE" and "AGAINST THE ORDINANCE."
Section 6.10. Availability of List of Qualified Electors.
If any organization, person or group requests the list of qualified electors for the purpose of
circulating descriptive matter relating to an ordinance to be voted on, the Village Clerk 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 6.11. 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 shall thereupon be deemed repealed. If conflicting ordinances
are approved by the electors at the same election, the one receiving the greatest number of affirmative
votes shall prevail to the extent of such conflict.
Section 6.12. 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.
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ARTICLE VII. MISCELLANEOUS PROVISIONS Page 1 of 6
ARTICLE VII. MISCELLANEOUS PROVISIONS
Section 7.01. 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 provisions of this Charter or the application of
such sections or provisions as to any other situation and it is intended that this law shall be construed
and applied as if such unconstitutional section or provisions had not been included herein.
Section 7.02. 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 reasonable opportunity to be heard at such meetings in
regard to any matter pertaining to the Village.
State law references: Open meetings, F.S. § 286.011.
Section 7.03. Conflict of Interest.
No Gouncilmember shall be employed by the Village until one (1) year af�er the expiration of the
term for which the Councilmember was elected to the Council.
The provisions set forth in the State of Florida Code of Ethics for public officers and employees
shall govern in all matters relating to conflict of interest or financial disclosure and the effect of same on
the proper discharge of a Councilmember's duties in the public interest.
State law references: Code of ethics, F.S. § 112.311 et seq.
Section 7.04. Effect 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 Charter but, 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 and applied.
APPENDIX A
VILLAGE OF TEQUESTA
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTIONS 25, 26, 27, 35 AND 36, TOWNSHIP 40 SOUTH, RANGE
42 EAST, SECTIONS 29, 30 AND 32, TOWNSHIP 40 SOUTH, RANGE 43 EAST, AND THE GOMEZ
GRANT, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 25; THENCE SOUTHERLY ALONG THE
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WEST LINE OF SAID SECTION 25 TO THE CENTERLINE OF THE NORTH FORK OF THE
LOXAHATCHEE RIVER; THENCE ALONG SAID CENTERLINE OF THE NORTH FORK TO THE
EAST-WEST QUARTER SECTION LINE OF SAID SECTION 25; THENCE WESTERLY ALONG SAID
QUARTER LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF GULFSTREAM DRIVE; THENCE
SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE NORTH LINE OF BERMUDA
TERRACE, SECTION 1 AS RECORDED IN PLAT BOOK 25, PAGE 23, PALM BEACH COUNTY,
FLORIDA PUBLIC RECORDS; THENCE WESTERLY ALONG SAID NORTH LINE OF BERMUDA
TERRACE, SECTION 1 AND ALONG THE NORTH LINE OF BERMUDA TERRACE, SECTION 2 AS
RECORDED IN PLAT BOOK 25, PAGE 68 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS
AND ALSO ALONG THE NORTH LINE OF BERMUDA TERRACE, SECTION 3 AS RECORDED IN
PLAT BOOK 25, PAGE 198, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE
SOUTHERLY ALONG THE WEST LINE OF SAID BERMUDA TERRACE, SECTION 3 AND ALONG
THE WEST LINE OF SAID BERMUDA TERRACE SECTION1 TO THE POINT OF CURVATURE OF A
CURVE AT THE SOUTHWEST CORNER OF LOT 1 OF SAID BERMUDA TERRACE SECTION 1;
THENCE ALONG SAID CURVE TO ITS POINT OF TANGENCY ON THE SOUTH LINE OF SAID
BERMUDA TERRACE SECTION 1; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EAST
LINE OF SAID BERMUDA TERRACE SECTION 1; THENCE NORTHERLY ALONG THE EAST LINE
OF SAID BERMUDA TERRACE, SECTION 1, 490.76 FEET; THENCE EASTER�Y PARALLEL TO
THE NORTH RIGHT-OF-WAY LINE OF TEQUESTA DRIVE TO THE WEST LINE OF PINE TREE
DRIVE; THENCE SOUTHERLYALONG SAID WEST LINE OF PINE TREE DRIVE TO A POINT 145.30
FEET NORTH OF SAID NORTH RIGHT-OF-WAY OF TEQUESTA DRIVE AS MEASURED PARALLEL
TO SAID WEST LINE OF SECTION 25; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF
GOVERNMENT LOT 5 OF SAID SECTION 25 TO THE CENTERLINE OF SAID NORTH FORK;
THENCE ALONG SAID CENTERLINE TO THE NORTHWESTERLY EXTENSION OF THE
NORTHEASTERLY LINE OF LOT 12, BLOCK 3, RIVERSIDE ON THE LOXAHATCHEE AS
RECORDED IN PLAT BOOK 9, PAGE 4, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS;
THENCE SOUTHEASTERLY ALONG SAID NORTHWESTERLY EXTENSION AND ALONG SAID
NORTHEASTERLY LINE OF LOT 12 AND ALSO ALONG THE SOUTHEASTERLY EXTENSION OF
SAID NORTHEASTERLY LINE TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE
DRIVE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE TO
THE NORTH LINE OF JUPITER IN THE PINES, SECTION "B" AS RECORDED IN PLAT BOOK 26,
PAGE 18, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG
SAID NORTH LINE OF JUPITER IN THE PINES, SECTION "B" TO THE EAST LINEOF RIVERSIDE
PINES AS RECORDED IN PLAT BOOK 43, PAGES 18 AND 19 PALM BEACH COUNTY, FLORIDA
PUBLIC RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE OF RIVERSIDE PIN�S;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID RIVERSIDE PINES TO THE EASTERLY
LINE OF RIVERSIDE DRIVE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY
LINE TO THE SOUTH LINE OF A NOT INCLUDED TRACT BETWEEN PARCEL B AND PARCEL C
TEQUESTA PINES AS RECORDED IN PLAT BOOK 34, PAGES 84 THROUGH 89, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
NOT INCLUDED TRACT; THENCE NORTHERLY ALONG THE EAST LINE OF SAID TRACT;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID TRACT TO THE EAST RIGHT-OF-WAY
LINE OF RIVERSIDE DRIVE; THENCE NORTHERLY TO THE SOUTH LINE OF A NOT INCLUDED
TRACT NORTH OF SAID PARCEL B; THENCE EASTERLY ALONG SAID SOUTH LINE; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID TRACT; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID TRACT TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE
DRIVE; THENCE NORTHWESTERLYALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE TO
THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 147 OF SAID TEQUESTA PINES;
THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST LINE OF
LOTS 147, 146, AND 145; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 145 AND
ALONG THE SOUTH LINE OF LOT 144 OF SAID TEQUESTA PINES TO THE EAST LINE OF LOT
143 OF SAID TEQUESTA PINES; THENCE SOUTHERLY ALONG SAID EAST LINE OF LOT 143 TO
THE SOUTH LINE OF SAID LOT 143; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID
LOT 143 AND ALONG THE SOUTH LINE OF LOT 142 TO THE WEST LINE OF LOT 6 RIVER PINES
AS RECORDED IN PLAT BOOK 38, PAGES 15 AND 16, PALM BEACH COUNTY, FLORIDA PUBLIC
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RECORDS; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 6 TO THE WATERS OF THE
NORTH FORK OF THE LOXAHATCHEE RIVER; THENCE NORTHWESTERLY ALONG SAID
WATERS TO THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 25; THENCE NORTHERLY
ALONG SAID QUARTER SECTION LINE TO THE SOUTHEAST CORNER OF LOT 1, RIVER CREST,
AS RECORDED IN PLAT BOOK 21, PAGE 97, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 AND 2 OF SAID PLAT OF
RIVER CREST TO THE INTERSECTION WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH
ALONG THE SAID WEST LINE TO THE INTERSECTION WITH THE NORTH LINE OF LOT 3 OF
SAID PLAT OF RIVER CREST; THENCE WEST ALONG SAID NORTH LINE TO THE
INTERSECTION WITH THE EAST LINE OF THE PLAT OF WINDSWEPT PINES, AS RECORDED IN
PLAT BOOK 61, PAGES 130-131, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTHERLY ALONG SAID EAST LINE OF WINDSWEPT PINES TO THE INTERSECTION
WITH THE SOUTH LINE OF WENDIMERE HEIGHTS, AS RECORDED IN PLAT BOOK 40, PAGE 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID
SOUTH LINE OF WENDIMERE HEIGHTS TO THE INTERSECTION WITH THE EAST LINE OF SAID
WENDIMERE HEIGHTS; THENCE NORTHERLY ALONG SAID EAST LINE OF WENDIMERE
HEIGHTS AND THE EAST LINE OF JUPITER RIDGE, AS RECORDED IN PLAT BOOK 26, PAGE
106, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 779.68 FEET TO THE
INTERSECTION WITHA LINE PARALLEL TO THE SOUTH LINE OF THE PLAT OF CHAPEL COURT,
SECTION 2, AS RECORDED IN PLAT BOOK 47, PAGES 196-197, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE
INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PLAT OF
CHAPEL COURT, SECTION 2; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION TO THE
INTERSECTION WITH THE NORTH LINE OF SAID PLAT OF CHAPEL COURT, SECTION 2;
THENCE EASTERLY ALONG SAID NORTH LINE OF SAID CHAPEL COURT, SECTION II TOTHE
WEST LINE OF CHAPEL COURT. SECTION I, AS RECORDED IN PLAT BOOK 46, PAGES 23 AND
24 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE NORTHERLY ALONG SAID
WEST LINE OF CHAPEL COURT, SECTION I AND ITS NORTHERLY EXTENSION TO THE NORTH
LINE OF SAID SECTION 25; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 25 TO
THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 30 ACCORDING TO THE PLAT OF
CHAPEL COURT SECTION III, RECORDED IN PLAT BOOK 52, PAGES 40 AND 41, PALM BEACH
COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHERLY ALONG SAID NORTHERLY
EXTENSION TO THE NORTHWEST CORNER OF SAID LOT 30; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID LOT 30 TO THE WEST RIGHT-OF-WAY LINE OF CHAPEL LANE
ACCORDING TO SAID PLAT OF CHAPEL COURT SECTION III; THENCE NORTHERLY ALONG
SAID WEST RIGHT-OF-WAY LINE 228.3 FEET; THENCE AT AN ANGLE OF 135°19'32" AS
MEASURED FROM SOUTHERLY TO NORTHWESTERLY 35.15 FEET TO THE SOUTH RIGHT-OF-
WAY LINE OF COUNTY LINE ROAD ACCORDING TO SAID PLAT OF CHAPEL COURT SECTION
III; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE NORTHEAST
CORNER OF LOT 1 OF SAID CHAPEL COURT SECTION III; THENCE SOUTHERLY ALONG THE
EAST LINE OF SAID CHAPEL COURT SECTION III TO THE NORTHWEST CORNER OF LOT 2,
ACCORDING TO THE PLAT OF TEQUESTA PINES RECORDED IN PLAT BOOK 34, PAGES 84
THROUGH 89, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY
ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE NORTHEAST CORNER OF LOT 1
OF SAID TEQUESTA PINES; THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID
TEQUESTA PINES TO THE NORTH LINE OF LOT 112 OF SAID TEQUESTA PINES; THENCE
EASTERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE SOUTHWEST CORNER
OF LOT 19 OF SAID TEQUESTA PINES; THENCE NORTHERLY ALONG THE BOUNDARY OF
TEQUESTA PINES TO THE SOUTH LINE OF LOT 12 OF SAID TEQUESTA PINES; THENCE
WESTERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE SOUTHWEST CORNER OF
SAID LOT 12; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12 TO THE SOUTH
LINE OF LOT 11 OF SAID TEQUESTA PINES; THENCE WESTERLY ALONG SAID SOUTH LINE OF
LOT 11 TOTHE SOUTHWEST CORNER OF LOT 11; THENCE NORTHERLY ALONG THE
BOUNDARY OF TEQUESTA PINES TO THE CENTERLINE OF WINGO STREET ACCORDING TO
SAID PLAT OF TEQUESTA PINES; THENCE EASTERLY ALONG SAID CENTERLINE TO THE
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SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 5 OF SAID TEQUESTA PINES;
THENCE NORTH-WESTERLY ALONG SAID SOUTHEASTERLY EXTENSION AND ALONG SAID
WESTERLY LINE OF LOT 5, A DISTANCE OF 140.97 FEET; THENCE AT AN ANGLE OF 112°45'20"
AS MEASURED FROM SOUTHEASTERLY TO WESTERLY ALONG THE BOUNDARY OF SAID LOT
5, A DISTANCE OF 43.38 FEET; THENCE NORTHEASTERLY ALONG THE BOUNDARY OF LOT 5,
A DISTANCE OF 82.65 FEET; THENCE NORTHEASTERLY ALONG THE BOUNDARY OF LOT 5
AND LOT 6 OF SAID TEQUESTA PINES TO THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA
EAST COAST RAILROAD; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY
TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF
OLD DIXIE HIGHWAY; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY
LINE TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID NORTHWEST
QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE
NORTH HALF TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE TO A LINE 381.6 FEET SOUTH OF
AND PARALLEL TO THE NORTH LINE OF SAID SECTION 30; THENCE EASTERLY ALONG SAID
PARALLEL LINE 75.00 FEET; THENCE NORTHERLY PARALLEL TO SAID EAST LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO SAID NORTH LINE OF SECTlON
30; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 30 TO THE EASTERLY RIGHT-
OF-WAY OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-
OF-WAY LINE TO THE INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE
OF BLOCK 1, ACCORDING TO THE PLAT OF JUPITER HEIGHTS, AS RECORDED IN PLAT BOOK
23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY
ALONG SAID NORTH LINE,A DISTANCE OF 146.66 FEET TO THE WEST LINE OF LOT 8, OF SAID
BLOCK 1; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 8, A DISTANCE OF 127.20
FEET TO THE SOUTH LINE OF SAID BLOCK 1; THENCE WESTERLY ALONG SAID SOUTH LINE
AND ITS WESTERLY EXTENSION 140.00 FEET TO THE INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY LINE OF SAID U.S. HiGHWAY ONE; THENCE SOUTHERLY ALONG SAID
EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE
NORTH LINE OF BLOCK 2 AND ITS WESTERLY EXTENSION, OF SAID PLAT OF JUPITER
HEIGHTS; THENCE EASTERLY ALONG SAID NORTH LINE AND ITS WESTERLY EXTENSION, A
DISTANCE OF 140.00 FEET TO THE WEST LINE OF LOT 14 OF SAID BLOCK 2; THENCE
SOUTHERLY ALONG THE WEST LINE OF LOT 14 AND 23, OF SAID BLOCK 2, A DISTANCE OF
260.00 FEET TO THE SOUTH LINE OF SAID BLOCK 2; THENCE WESTERLY ALONG SAID SOUTH
LINE AND ITS WESTERLY EXTENSION, A DISTANCE OF 140.00 FEET TO SAID EASTERLY
RIGHT-OF-WAY OF U.S. HIGHWAY ONE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 40.00 FEETTO THE NORTH LINE OF BLOCK 3 AND ITS
WESTERLY EXTENSION OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG
SAID NORTH LINE OF BLOCK 3 AND ITS WESTERLY EXTENSION, A DISTANCE OF 190.00 FEET
TO THE EAST LINE OF LOT 13, OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST
LINE OF LOT 13 AND 25, OF SAID BLOCK 3, A DISTANCE OF 240.00 FEET TO THE SOUTH LINE
OF SAID LOT 25; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID LOT 25, A DISTANCE
OF 50.00 FEET TO THE WEST LINE OF SAID LOT 25; THENCE NORTHERLY ALONG SAID WEST
LINE OF LOT 25, A DISTANCE OF 100.00 FEET TO THE INTERSECTION WITH THE EASTERLY
EXTENSION OF THE SOUTH LINE OF LOT 7, OF SAID BLOCK 3; THENCE WESTERLY ALONG
SAID EASTERLY EXTENSION AND THE SOUTH LINE OF SAID LOT 7, BLOCK 3, A DISTANCE OF
140.00 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1; THENCE
SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1,
420.00 FEET TO THE INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE
OF LOT 1, BLOCK 5 OF SAID PLAT OF JUPITERHEIGHTS; THENCE EASTERLY ALONG SAID
NORTH LINE OF LOT 1, BLOCK 5 AND ITS WESTERLY EXTENSION, 120.00 FEET TO THE EAST
LINE OF LOTS 1 THROUGH 9, BLOCK 5 OF SAID PLAT OF JUPITER HEIGHTS; THENCE SOUTH
ALONG SAID EAST LINE, 180.00 FEET TO THE SOUTH LINE OF SAID LOT 9, BLOCK 5; THENCE
WEST ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION, 120.00 FEET TO SAID
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EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY ALONG
SAID EASTERLY RIGHT-OF-WAY LINE TO THE NORTH LINE OF KEY WEST VILLAGE AS
RECORDED IN PLAT BOOK 65, PAGES 103 THROUGH 105 PALM BEACH COUNTY, FLORIDA
PIJBLIC RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE OF KEY WEST VILLAGE AND
ALONG ITS EASTERLY EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE WESTERLY EXTENSION OF
THE SOUTH LINE OF LOT 183, GOMEZ GRANT AND JUPITER ISLAND AS RECORDED IN PLAT
BOOK 1, PAGE 80, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY
ALONG SAID WESTERLY EXTENSION OF SAID LOT 183 AND ALONG SAID SOUTH LINE OF LOT
183 TO THE WATERS OF THE ATLANTIC OCEAN; THENCE SOUTHEASTERLY ALONG SAID
WATERS TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 100 FEET OF LOT 187,
ACCORDING TO THE PLAT OF GOMEZ GRANT AND JUPITER ISLAND, AS RECORDED IN PLAT
BOOK 1, PAGE 80, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS WITH THE WATERS OF
THE ATLANTIC OCEAN; THENCE WESTERLY ALONG SAID SOUTH LINE AND ITS WESTERLY
EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE
SOUTHEASTERLY ALONG SAID CENTERLINE TO A LINE 1157.52 FEET NORTHERLY OF AND
PARALLEL TO THE SOUTH LINE OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY ALONG SAID PARALLEL LINE TO A LINE
263 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY ONE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO A LINE 150 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 30; THENCE EASTERLY
ALONG SAID PARALLEL LINE TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY;
THENCE NORTHWESTERLY ALONGSAID CENTERLINE TO A LINE 820 FEET NORTHERLY OF
AND PARALLEL TO THE SOUTH LINE OF LOT 195 OF SAID JUPITER ISLAND AND GOMEZ
GRANT; THENCE EASTERLY ALONG SAID PARALLEL LINE TO SAID 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 THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF
COLONY ROAD; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND ALONG THE
EAST LINE OF LOT "B" OF SAID JUPITER INLET BEACH COLONY TO THE POINT OF
CURVATURE OF A CURVE AT THE SOUTHEAST CORNER OF SAID LOT "B"; THENCE ALONG
THE ARC OF SAID CURVE TO THE POINT OF TANGENCY OF SAID CURVE AND THE SOUTH
LINE OF SAID LOT "B"; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WESTERLY
RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE NORTHERLY ALONG SAID
INTRACOASTAL WATERWAY WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 66 FEET MORE
OR LESS TO ITS INTERSECTION WITH THE NORTHERLY RIGHT-OF-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 LINEOF 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 POINT IN THE EASTERLY RIGHT-OF-WAY OF
AFORESAID RIVERSIDE DRIVE; THENCE SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-
WAY LINE OF SAID RIVERSIDE DRIVE, 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 SOUTHERLY ALONG SAID
CENTERLINE TO THE INTERSECTION OF THE NORTHEASTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 243, PAGE 235 OF
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ARTICLE VII. MISCELLANEOUS PROVISIONS Page 6 of 6
PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS WITH THE CENTERLINE OF THE NORTH
FORK OFTHE LOXAHATCHEE RIVER; THENCE SOUTHWESTERLY ALONG SAID
NORTHEASTERLY EXTENSION AND ALONG SAiD NORTHWESTERLY LINE TO THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF POINT DRIVE; THENCE SOUTHEASTERLY ALONG
SAID RIGHT-OF-WAY LINE TO THE SOUTHEASTERLY LINE OF JUPITER MANORS, SECTION
ONE, AS RECORDED IN PLAT BOOK 12, PAGE 38, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND ALONG ITS
SOUTHWESTERLY EXTENSION TO THE CENTERLINE OF THE NORTHWEST FORK OF THE
LOXAHATCHEE RIVER;THENCE ALONG SAID CENTERLINE OF THE NORTHWEST FORK TO
THE NORTH LINE OF SECTION 27, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE EASTERLY
ALONG SAID NORTH LINE OF SECTION 27 AND ALONG THE NORTH LINE OF SECTION 26,
TOWNSHIP 40 SOUTH, RANGE 42 EAST TO THE POINT OF BEGINNING.
(Rev. 3-30-2005)
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CI�IART�R* Page 1 of 1
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ARTICLE I. HOME RULE AMENDMENT OF TOWN CHARTER Page 1 of 2
ARTICLE I. HOME RULE AMENDMENT OF TOWN CHARTER
Section 1. Legal authority.
The Charter of the Town of Jupiter, Florida, was enacted by the Legislature of the State of
Florida by Special Acts 1953, Chapter 29190, and amended by Special Acts, Chapters 59-1432, 59-
1433, 63-1482 and 67-1587. Subsequent thereto, Town Ordinance Number 58-96 was adopted by the
Town of Jupiter on March 10, 1998, under the provisions of the Home Rule Powers Act of the State of
Florida, enacting this Amended Charter of the Town of Jupiter, which was thereafter ratified by the vote
of the electors at a special election held for such purposes on March 10, 1998.
(Ord. No. 58-96, § 4, 3-10-98)
State law references: Home rule powers act, F.S. ch. 166.
Section 2. Amendment as a complete revision.
This Charter shall constitute an amendment to the entire former Charter of the Town of Jupiter.
Those portions of the former Charter which have not been included or restated herein shall stand as
rspealed.
Section 3. Effective date.
This Charter shall take effect at 12:01 a.m. on the day following its ratification.
(Ord. No. 58-96, § 5, 3-10-98)
Section 4. Continuation of the Town of Jupiter.
By this amendment to its Charter, the municipal corporation now existing and known as the
Town of Jupiter shall continue its corporate existence without interruption.
Section 5. Existing ordinances preserved.
All ordinances in effect upon the effective date of this Charter, to the extent not inconsistent with
it, shall remain in force and effect until repealed or changed as provided herein.
Section 6. Transition ordinance authorized.
The town council shall adopt all ordinances and resolutions which are necessary or required to
effect an orderly transition of government and procedures under this Amended Charter.
(Ord. No. 58-96, § 6, 3-10-98)
Section 7. Readoption of the revised charter.
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ARTICLE I. HOME RULE AMENDMENT OF TOWN CHARTER Page 2 of 2
The Charter of the Town of Jupiter, together with all prior revisions and amendments thereto, is
hereby readopted and ratified as and for the Revised Charter of the Town of Jupiter, together with
those amendments thereto contained in Town Ordinance Number 58-96, adopted March 10, 1998,
which were thereafter ratified by vote of the voters at the election held for such purposes on March 10,
1998.
(Ord. No. 18-87, § 8, 3-13-87, election, 4-14-87; Ord. No_ 58-96, § 7, 3-10-98)
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ARTICLE II. LEGAL DESCRIPTION, DISTRICTS AND GENERAL PROVISIONS Page 1 of 2
ARTICLE II. LEGAL DESCRIPTION, DISTRICTS AND GENERAL PROVISIONS
Section 1. Legal description of the town boundaries.
The Town of Jupiter, as hereby created and established, shall embrace and include all that
territory in Palm Beach County, Florida, [as described in Exhibits "A" and "B" of Ordinance No. 49-99,
the revised town boundary description and map of the boundaries of the Town of Jupiter. The official
legal description of the town shall be maintained by the town manager.]
(Ord. No. 16-91, § 1, 6-4-91; Ord. No. 44-93, § 1, 5-18-93; Ord. No. 27-96, § 1, 6-18-96; Ord. No. 58-
96, § 9, 3-10-98; Ord. No. 49-99, §§ 1, 2, 12-16-99)
Section 2. Composition of town council and terms of oifice.
The corporate authority of the Town of Jupiter shall be vested in a town council, which shall be
composed of four (4) regular councilmembers and one (1) mayor, each of whom shall be elected as
such for a term of three (3) years or until their successor is duly elected and qualified, except as
hereinafter provided. Two (2) of said councilmembers shall be elected from the First District and shall
reside in each District and two (2) of said councilmembers shall be elected from the Second District and
shall reside in such District. The mayor may reside in either district. All candidates shall be elected by
the voters of the town at large. Every candidate for council or mayor shall be a qualified voter in the
town and must have resided in the town for the six (6) month period preceding the election.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 7-91, § 1, 3-5-91; Ord. No. 58-96, §§ 2, 14, 3-10-98; Ord. No. 5-
98, § 7, 3-10-98; Ord. No. 71-03, § 2, 1-20-04)
Editor's note: Ordinance No. 58-96, §10, adopted March 10, 1998, repealed § 2 in its entirety.
Formerly, such section pertained to extension or change of corporate limits. Subsequently, §§ 2, 14 of
the same ordinance renumbered § 5.1 as § 2 of article II.
Section 2.1. Reserved.
Editor's note: Ordinance No. 58-96, § 11, adopted March 10, 1998, repealed § 2.1 in its entirety.
Formerly, such section pertained to revision of legal description of the town boundaries and derived
from Ord. No. 18-87, § 1, 3-13-87.
Section 3. District.
The Town of Jupiter shaA be divided into districts by ordinance and shall be designated as the
First District and the Second District. As often as the council may deem necessary, but in any event not
less frequently then every five (5) years, the legal description of the boundaries of the town districts
shall be revised and updated by ordinance, so that, as near as possible, an equal distribution of the
total population shall be maintained for each such district.
(Ord. No. 18-87, § 2, 3-13-87; Ord. No. 58-96, § 12, 3-10-98; Ord. No. 71-03, § 2, 1-20-04)
Section 4. Corporate powers.
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ARTICLE II. LEGAL DESCRIPTION, DISTRICTS AND GENERAL PROVISIONS Page 2 of 2
The Town of Jupiter shall have perpetual succession, and may sue, be sued and defend in its
own name in all courts and proceedings. It shall have and use a common seal and alter the same at
pleasure. It may acquire, own, hold, use, sell and dispose of real or personal property or any interest
therein, for any municipal purpose.
(Ord. No. 58-96, § 13, 3-10-98)
Section 5. Schedule for elections.
The general election of the Town of Jupiter shall be held on the second Tuesday in March in
each year in which a general election is required. The cycle for general elections for the Town of Jupiter
shall be an election each year for two (2) consecutive years, followed by no election in the third year. If
in any election, except a run-off election, there are more than two (2) candidates for one office and no
candidate from that office receives a majority, there shall be a run-off election between the two (2)
candidates polling the most votes, which shall be held two (2) weeks after the first election date. The
qualifications of voters and the rules and regulations for registration and for holding and certifying
general and special elections to fitl vacancies in the council shall be prescribed by the ordinance of said
town, the same not to be in conflict with the laws of the State of Florida, and this Charter; provided,
however, that no person shall be deprived of the right to vote on account of sex, race or creed.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 7-91, § 2, 3-5-91; Ord. No. 58-96, § 15, 3-10-98)
Editor's note: Ordinance No. 58-96, § 15, adopted March 10, 1998, renumbered § 5.2 as § 5.
Section 6. Council rules of procedure.
The council may enact rules of procedure and may prescribe penalties for the nonattendance or
disorderly conduct of its members and enforce the same. A majority of the members of the council shall
be necessary to constitute a quorum for the transaction of business, but a smaller number may adjourn.
The council shall hold at least one regular meeting each month as shall be designated by them at a
fixed place, day and hour. Special meetings may be held upon the call of a majority of fhe council.
(Ord. No. 58-96, § 16, 3-10-98)
Section 7. Oath of town council members.
Each member of the Town Council, before entering upon the duties of their o�ce, shall swear or
affirm the following oath:
"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, and that I am duly qualified to
hold office under the Constitution of the State; and that I will well and faithfully perForm the
duties of (Councilmember or Mayor, as applicable) which I am now about to enter, so help me,
God."
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 58-96, § 17, 3-10-98)
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ARTICLE III. RECALL OF ELECTIVE OFFICERS�` Page 1 of 1
ARTICLE I11. RECALL OF ELECTIVE OFFICERS�`
*State law references: Recall of municipal officials, F.S. § 100.361.
Section 1. Governed by state law.
The procedures for the recall of any member of the governing body of the Town af Jupiter shall
be as made and provided by Florida Statutes, as may be hereafter amended and revised.
(Ord. No. 58-96, § 18, 3-10-98)
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ARTICLE IV. MiJNICIPAL POWERS* Page 1 of 1
ARTICLE IV. MUNICIPAL POWERS*
*State law references: Municipal home rule powers act, F.S. ch. 166.
Section 1. General powers.
The Town of Jupiter shall have, hold, and possess the home rule powers granted unto
municipalities by the Constitution of the State of Florida. The Town of Jupiter shall have authority to
exercise the fullest powers for municipal government, for corporate and for proprietary purposes, and
for all municipal purposes whatsoever, except when expressly prohibited by the laws of the State of
Florida.
(Ord. No. 58-96, § 19, 3-10-98)
Section 2. Reservation of general and extraterritorial powers.
All valid and lawful general and extraterritorial powers heretofore granted to and conferred upon
the Town of Jupiter and its town council by any special acts or laws of the Legislature of the State of
Florida are hereby expressly reserved, retained and preserved unto the town, for its lawrful use and
continued exercise hereunder, including those powers conferred or granted in the following Special
Acts: Special Acts, 1953, chapter 29190; and Special Acts chapters 59-1432, 59-1433, 63-1482 and
67-1587.
Section 3. Reserved.
Editor's note: Ordinance No. 58-1996, § 20, adopted March 10, 1998, repealed § 3 in its entirety.
Formerly, such section pertained to enumeration of specific powers.
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ARTICLE V. MUNICIPAL ORGANIZATION AND OFFICERS Page 1 of 5
ARTICLE V. MUNICIPAL ORGANIZATION AND OFFICERS
Section 1. Duties of mayor and vice-mayor.
The mayor shall preside at meetings of the council, shall be recognized as head of the town
government for all ceremonial purposes, but shall have no administrative duties. The vice-mayor shall
act as mayor during the absence or disability of the mayor and likewise shall have no administrative
duties. As soon as practical after the general election has been completed, the council shall elect the
vice-mayor from among their number. The mayor shall sign all deeds, bonds, or other instruments of
writing, relating or pertaining to real estate, to which the town is a party, except that the council may
delegate this power to the town manager.
(Ord. No. 4-$3, § 2, 4-5-83; Ord. No. 58-96, § 21, 3-10-98)
Section 2. General powers of the town council.
All powers of the town shall be vested in the council, except as otherwise provided by law or this
Charter, and the council shall provide for the exercise thereof and for the performance of all duties and
obligations imposed on the town by law.
(Ord. No. 58-96, § 22, 3-10-98)
Section 3. Prohibitions.
(a) Holding other office. Except where authorized by law, no member of the Town Council
shall hold any other town office or town employment during the term for whieh they were
elected, and no former member of the Town Council shall hold any compensated appointive
town office or town employment until one year after the expiration of their term or resignation.
(b) Council interference with administration. Neither the council nor its members shall in any
manner dictate the appointment or remaval of any town officers or employees whom the
manager or the manager's subordinates are empowered to appoint, but the council shall have
the power to remove the town 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 council and its members shall deal with town officers and employees
solelythrough the manager, and neither the council nor its members shall give orders to any
such officers or employees either publicly or privately.
(c) Violation. Violation of this section shall be cause for removal from o�ce.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 8-83, § 1, 1-3-84; Ord. No. 58-96, § 23, 3-10-98)
Section 4. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of a member of the Town Council shall become vacant upon death,
resignation, removal from office in any manner authorized by law or forfeiture of office.
(b) Forfeiture of o�ce. A member of tMe Town Couneil shall forfeit office if the individual:
(1) Lacks at any time during their term of office any qualification for the o�ce
prescribed by this Charter or by law;
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(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the council without being
excused by the council.
(c) Vacancy. If a vacancy occurs in the council for any reason whatsoever, the council by a
majority vote of all its remaining members shall appoint a qualified person to fill the vacancy
until the next regular election or for the remainder of the unexpired term, whichever occurs first.
If a majority of said remaining members are unable to agree upon the election of a member of
the Town Council to fill said vacancy after two (2) regular meetings have been held, the town
council shall call a special election for that purpose. Provided that no such special election shall
be held within thirty (30) days prior to a regularly scheduled election. If the term of office to
which such person was appointed does not expire at the next regular election, the office shall be
filled for the remainder of the term by election in the manner provided in article II, section 5.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 58-96, § 24, 3-10-98)
Section 5. Town manager.
(a) Appointment; qualifications; compensation_ The council shall appoint a town manager for
an indefinite term and fix the compensation. The manager shall be appointed on the basis of
executive and administrative qualifications. The individual need not be a resident of the town or
state at the time of appointment but may reside outside the town while in office only with the
approval of the council.
(b) Removal The council may remove the manager from office in accordance with the
following procedures:
(1) The council shall adopt by affirmative vote of a majority of its full membership a
preliminary resolution which must state the reasons for removal and then may suspend
the manager from duty for a period not to exceed forty-five (45) days. A copy of the
resolution shall be delivered promptly to the manager.
(2) Within five (5) days after a copy of the resolution is delivered to the town manager,
a written request for a public hearing may be filed by the town manager with the council.
This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later
than thirty (30) days after the request is filed. The town manager may file with the council
a written reply not later than five (5) days before the hearing.
(3) The council may adopt a final resolution of removal which may be made effective
immediately by affirmative vote of a majority of its full membership at any time after five
(5) days from the date when a copy of the preliminary resolution was delivered to the
manager, if a public hearing has not been requested, or at any #ime after the public
hearing i# one is requested. The manager shall continue to receive full salary and
benefits until the effective date of a final resolution of removal. The action of thecouncil
in suspending or removing the manager shall not be subject to review by any court or
agency.
(c) Acting town manager. By letter filed with the town clerk, the manager shall designate, a
qualified town administrative officer to exercise the powers and perForm the duties of manager
during a temporary absence or disability. During such absence or disability the council may
revoke such designation at any time and appoint another officer of the town to serve until the
manager shall return or the disability shall cease.
(d) Powers and duties of the town manager. The town manager shall be the chief
administrative officer of the town and shall be responsible to the council for the administration of
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ARTICLE V. MLTNICIPAL ORGANIZATION AND OFFICERS Page 3 of 5
all town affairs. The manager shall have the following powers and duties:
(1) The town manager shall hire, appoint or transfer qualified persons to the position of
department heads of the town as may be required. The manager shall appoint, suspend
or remove all town employees and appointive administrative officers provided for by or
under this Charter, except as otherwise provided by law, this Charter, or personnel rules
adopted pursuant to this Charter. The manager may authorize any administrative officer
who is subject to their direction and supervision to exercise these powers with respect to
subordinates in that officer's department, office or agency.
(2) The town manager may recommend to the council the creation of the position of
assistant town manager or may designate an employee of the town to act in this
capacity.
(3) The town manager shall direct and supervise the administration of all departments,
offices and agencies of the town.
(4) The town manager shall attend all council meetings and shall have the right to take
part in discussian, but shall not vote.
(5) The town manager shall see that all laws, provisions of this Charter and acts of the
council, subject to enforcement by the manager or by officers subject to the manager's
direction and supervision, are faithfully executed.
(6) The town manager shall prepare and submit the annual budget and capital program
to the council.
(7) The town manager shall submit to the council and make available to the public a
complete report on the finances and administrative activities of the town as of the end of
each fiscal year.
(8) The town manager shall make reports as the council may require concerning the
operations of town departments, offices and agencies.
(9) The town manager shall keep the council fully advised as to the financial condition
and future needs of the town and make such recommendations to the council
concerning the affairs of the town.
(10) The town manager shall perForm such other duties as are specified in this Charter
or may be required by the council.
(Ord. No. 8-83, § 2, 1-3-84; Ord. No. 58-96, § 25, 3-10-98)
Section 6. Town attorney.
The council shall appoint a town attorney and such assistant town attorneys as it deems
necessary who shall serve at the pleasure of the council and act as legal advisors for the town and all
its officers on matters relating to their official duties. The town attorney shall review the form of all
contraets to which the town is a party, for legal sufficiency, before the contract shall become effective.
(Ord. No. 4-83, § 4, 4-5-83; Ord. No. 58-96, § 26, 3-10-98; Ord. No. 71-03, § 2, 1-20-04)
Section 7. Financial audit.
The council shall provide for an independent annual audit of all town accounts and may provide
for more frequent audits as it deems necessary. Such audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal
affairs of the town government or any of its officers. The council may, without requiring competitive
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ARTICLE V. MUNICIPAL ORGANIZATION AND OFFICERS Page 4 of 5
bids, designate such accountant or firm annually or for a period not exceeding three (3) years,
provided that the designation for any particular fiscal year shall be made no later than thirty (30) days
after the beginning of such fiscal year. If the state makes such an audit, the council may accept same
as satisfying the requirements of this section.
(Ord. No. 58-96, § 27, 3-10-98)
Section 7.1. Reserved.
Editor's note: Ordinance No. 58-96, § 28, adopted March 10, 1998, repealed § 7.1 in its entirety.
Formerly, such section pertained to consulting engineer and derived from Ord. No. 18-87, § 3, 3-13-87.
Section 8. Reimbursement of expenses.
The expenses of all elected officials of the town shall be reimbursed as provided by ordinance.
(Ord. No. 58-96, § 29, 3-10-08)
Section 9. Administrative departments and general provisions.
This Charter recognizes, upon adoption, the existence of the following departments:
Building;
Engineering and Public Works;
Finance;
Human Resources;
Information Systems;
Parks and Recreation;
Planning and Zoning;
Police;
Town Clerk;
Utilities.
The council, on recommendation of the manager, may by ordinance, combine, delete, modify or
establish the departments, divisions, offices or agencies.
(Ord. No. 18-87, § 4, 3-13-87; Ord. No. 58-96, § 30, 3-10-98; Ord. No. 43-00, § 1, 8-15-00; Ord. No. 67-
05, § 2, 12-6-05)
Section 10. Direction of manager.
All departments, offices and agencies under the direction and supervision of the manager shall
be administered by an officer appointed by and subject to the direction and supervision of the manager.
With the consent of council, the manager may serve at the head of one or more such departments,
offices or agencies or the manager may appoint one person as the head of two (2) or more
departments, offices, or agencies.
(Ord. No. 58-96, § 32, 3-10-98)
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AIZTICLE V. MLJNICIPAL ORGANIZATION AND OFFICERS Page 5 of 5
Editor's note: Ordinance No. 58-96, § 31, adopted March 10, 1998, repealed § 10 in its entirety.
Formerly, such section pertained to creation and change of departments and derived from Ord. No. 18-
87, § 5, 3-13-87. Subsequently, § 32 of Ord. No. 58-96 renumbered § 11 as § 10; therefor renumbering
§§ 12--14 as §§ 11--13.
Section 11. Receipt, deposit, disbursal of public monies.
The finance director shall be authorized and directed by the council to receive all the public
monies of the town, and one so authorized and directed shall give sufficient bond as shall be approved
by the council. All public monies shall be deposited in the name of the Town of Jupiter in a depository to
be designated by the council and all public monies shall be disbursed only by check to be signed or
wire transfer to be authorized by persons designated by council. Any person performing duties that
includethe collection, receipt or disbursement of any public money, shall give bond to faithfully account
for the same. All monies derived from the sale of municipal bonds shall be received by the finance
director and kept on deposit in a special fund in the name of the town in a bank to be designated by the
council and shall be disbursed only upon resolution and order of the council, upon checks or drafts to
be signed or wire transfer to be authorized by persons designated by council. Accurate books or
accounts of all monies received and disbursed in all departments of the municipality shall be kept and
audited in accordance with Article V, Section 7 and approved by the council and a quarterly statement
thereof shall be posted.
(Ord. No. 58-96, § 33, 3-10-98)
Editor's note: See editor's note for § 10.
Section 12. Surety bonds.
The council shall require that any bond shall be made by a responsible surety company duly
authorized to do business in the State of Florida, and shall pay the premium thereof from the monies of
the town.
(Ord. No. 58-96, § 34, 3-10-98)
Editor's note: See editor's note for § 10.
Section 13. Personnel system.
(a) Appointments. All appointments and promotions of town officers and employees shall be
made solely on the basis of inerit and fitness demonstrated by examination, evaluation or other
evidence of competence or meritorious service.
(b) The town manager shall be responsible for the personnel administration of the town. The
town council, by ordinance, may adopt a personnel code, or amendments thereto, to be
administered by the town manager. The personnel code, and amendments thereto, shall
promulgate such regulations and/or policies governing all employees, including, specifically, a
grievance process which shall permit all permanent town employees a full and fair opportunity to
due process of law in regards to any disciplinary matters.
(Ord. No. 8-83, § 3, 1-3-84; Ord. No. 58-96, §§ 3, 35, 3-10-98; Ord. No. 5-98, § 7, 3-10-98)
Editor's note: See editor's note for § 10.
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ARTICLE VI.ORDINANCES AND RESOLUTIONS* Page 1 of 1
ARTICLE VI.ORDINANCES AND RESOLUTIONS*
*Editor's note: Section 6 of Ord. No. 4-83, adopted April 5, 1983, deleted Art. VI in its entirety and
reserved said article for future use. Formerly, Art. VI, consisted of §§ 1--5, pertained to the municipal
court and police power, and was derived from Ord. No. 1-76, adopted Feb. 3, 1976. Subsequently, Ord.
No. 58-96, § 36, adopted March 10, 1998, repealed Art. VI in its entirety and § 37 of the same
ordinance renumbered Art. VII to Art_ VI.
Section 1. Procedures for adoption.
The procedures for the adoption of ordinances and resolutions for the Town of Jupiter shall be
as made and provided by the Florida Statutes, as may be hereafter amended and revised. The town
council may provide, by appropriate action, requirements for the adoption of ordinances and resolutions
which are more stringent than those set forth in the Florida Statutes.
(Ord. No. 18-87, § 6, 3-13-87; Ord. No. 58-96, § 38, 3-10-98)
Section 2. Emergency ordinances.
An emergency ordinance of the Town of Jupiter shall require four (4) affirmative votes of the
town council for adoption.
(Ord. No. 18-87, § 6, 3-13-87; Ord. No. 58-96, § 39, 3-10-98)
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11GL�J./ / 11 V1(41' i.iaaa.uiivvuv.vviaL iiivvi Lvv � iv ��i i i vv�.i a i.�i i i �, �.�. �� �.
ARTICLE VII. BONDS* Page 1 of 2
ARTICLE VII. BONDS*
*Editor's note: Ordinance No. 58-96, § 40, adopted March 10, 1998, renumbered Art. VIII to VII.
State law references: Municipal borrowing, F.S. § 166.201 et seq.
Section 1. Purpose.
Whenever it shall be deemed advisable to issue bonds of the Town of Jupiter for any municipal
purpose or for refunding outstanding indebtedness, or for any other purpose deemed necessary for the
public good, provided that the same is not in conflict with the Constitution or laws of the State of Florida,
the council is authorized to issue bonds of said town, under the seal of the municipality. The total
amount of general obligation bonds issued and outstanding at any time shall never exceed fifteen (15)
percent of the total assessed valuation of all taxable property, both real and personal, within the
corporate limits of the town. Bonds issued under the provisions of this article and limited in amount to
such percentage of the valuation shall be used only for the purpose of the issue.
(Ord. No. 58-96, § 41, 3-10-98)
Section 2. Bond ordinance or resolution.
Bonds shall be authorized by resolution or ordinance passed by the town, and if required by the
state constitution, by affirmative vote of the electors of the town. The original or subsequent resolution
or ordinance shall fix the maximum rate of interest, the purpose for which the monies to be derived
therefrom shall be expended, the time when said bonds shall be payable and provide for and create a
sinking fund and interest assessment for meeting and discharging the principal and interest of said
bonds.
(Ord. No. 4-83, § 10, 4-5-83; Ord. No. 58-96, § 43, 3-10-98)
Editor's note: Ordinance No. 58-96, § 42, adopted March 10, 1998, deleted § 2. Formerly, such
section pertained to legaf interest rate and derived from 4-83, § 10, 4-5-83. Therefor, § 43 of Ord. No.
58-96 renumbered § 3 to § 2.
Section 3. Additional powers.
In addition and supplemental to the powers above set forth, the council shall have all powers
regarding the issuance of bonds and other obligations as set forth and provided for in the Laws of
Florida.
(Ord. No. 58-96, § 46, 3-10-98)
Editor's note: Ordinance No. 58-96, §§ 44, 45, repealed §§ 4, 5 in their entirety. Formerly, such
sections pertained to notice of election and validation of bonds and derived from Ord. No. 4-83, § 11, 4-
5-83. Therefor, § 46 of Ord. No. 58-96 renumbered § 6 to § 3.
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ARTICLE VIII. FINANCE AND TAXATION* Page 1 of 1
ARTICLE VIII. FINANCE AND TAXATION*
*State law references: Municipal finance and taxation, F.S. § 166.201 et seq.; public service tax,
F.S. § 166.231 et seq.; ad valorem taxes, F.S. ch. 192 et seq.; local occupational license taxes, F.S. eh.
205.
Section 1. General taxation powers.
The Town of Jupiter shall have the authority to raise by taxation amounts of money which are
necessary for the conduct of municipal government and the improvement of the town including ad
valorem faxation, user charges or fees, business or occupational license fees, regulatory fees, public
service taxes, special assessments and all other charges, fees, rates and methods of taxation as
provided by the Constitution and laws of the State of Florida.
Section 2. Power to levy special assessment.
The Town of Jupiter shall have full power and authority to levy, assess and collect special
assessment for lawful municipal improvement projects in accordance with the provisions of the general
law of the State of Florida.
(Ord. No. 58-96, § 49, 3-10-98)
Section 3. Financiat reports.
The Town of Jupiter shall report its finances annually as provided by general law.
(Ord. No. 58-96, § 50, 3-10-98)
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ARTICLE IX. THE INITIATIVE* Page 1 of 3
ARTICLE IX. THE INITIATIVE*
*Editor's note: Ordinance No. 58-96, § 51, adopted March 10, 1998, renumbered Art. X to Art. IX.
Section 1. Ordinance submitted by petition.
Any proposed ordinance may be submitted to the town council by petition signed by qualified
voters of the town, equal in number to the percentage hereinafter required. Provided, however, that
such power shall not extend to ordinances pertaining to the rezoning of property, the adoption or
amendment of the Comprehensive Plan, or to the budget or capital program or any ordinance relating
to the appropriation of money, levy of taxes or salaries of elected or appointed Town o�cers or
employees.
The proposed ordinance shall be reviewed by the Town Attorney who will render an opinion
within five (5) days as to form and legality. If the proposed ordinance is not in proper form, the proposed
ordinance shall be returned with a written statement indicating the reason why the document is not in
proper form. If the proposed ordinance is, in the opinion of the Town Attorney, in violation of the Charter
of the Town of Jupiter, the laws of the State of Florida or the United States of America, or the
constitution of the State of Florida or the United States of America, the proposed ordinance shall also
be returned. All appeals of the Town Attorney's opinion shall be through the courts.
If the proposed ordinance is found to be both in proper form and in conformance with all the
laws and the constitutions of the State of Florida and the United States of America, the petition shall be
handled as hereinafter designated.
(Ord. No. 8-83, § 4, 1-3-84; Ord. No. 58-96, § 52, 3-10-98)
Note: The Town Attorney recommends the specific procedures to be followed which differ from F.S. §
100.361 for petitions.
Section 2. Disposition of petition--If signed by twenty percent of voters.
If the petition accompanying the proposed ordinance is signed by fin+enty (20) percent of the
qualified voters as determined by the official rolls of the Supervisor of Elections at the time of the last
general town election and contains a request that the said proposed ordinance be submitted to a vote
of the people, if not passed by the council, the council shall within finrenty (20) days after the attachment
of the town clerk's certificate of sufficiency to the accompanying petition either:
(a) Adopt said ordinance without alteration (subject to the referendary vote under the
provisions of this Charter); or
(b) Call a special election unless a general election is fixed within one hundred and
eighty (180) days thereafter, and at such special or general municipal election said
proposed ordinance be submitted without alteration to the vote of the qualified electors
of the town.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 8-83, § 4, 1-3-84; Ord. No. 58-96, § 53, 3-10-98)
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ARTICLE IX. THE Il�TITIATIVE* Page 2 of 3
Section 3. Same--If signed by from ten to twenty percent of voters.
If the petition is signed by at least ten (10) percent of the qualified voters as determined by the
official rolls of the Supervisor of Elections at the time of the last general town election, but less than
finrenty (20) percent and said proposed ordinance is not adopted without alteration by the eouncil within
iwenty (20) days, as provided in the preceding section, then such proposed ordinance, without
alterations, shall be submitted by the council to electoral vote at the next general municipal election.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 8-83, § 4, 1-3-84; Ord. No. 58-96, § 54, 3-10-98)
Section 4. Publication of ordinance.
Whenever any proposed ordinance is required by this charter to be submitted to the voters of
the town at any election, the council shall cause said proposed ordinance to be published in like
manner as other proposed ordinances are required to be published.
(Ord. No. 58-96, § 55, 3-10-98)
Section 5. Ballots.
The ballots used when voting upon such proposed ordinance shall contain the words: "For the
Ordinance" (Stating [the nature] of the proposed ordinance), and "Against the Ordinance" (Stating the
nature of the p�oposed ordinance). If a majority of the qualified voters voting on said proposed
ordinance shall vote in favor thereof, the same shall thereupon become an ordinance of the town.
(Ord. No. 58-96, § 56, 3-10-98)
Section 6. Number of ordinances to be voted on.
Any number of proposed ordinances may be voted on at the same election, in accordance with
the provisions of this article.
(Ord. No. 58-96, § 57, 3-10-98)
Section 7. Time limitation on elections.
There shall not be held under this article of the Charter more than one special election in any
period of finrelve (12) months.
(Ord. No. 58-96, § 58, 3-10-98)
Section 8. Repeal or amendment of ordinances adopted by electoral vote.
The council may amend or repeal an ordinance adopted by electoral vote only with the consent
of the mayor and three additional affirmative votes.
(Ord. No. 59-96, § 59, 12-3-96)
Section 9. Additional regulations.
The council may, by ordinance, make such further regulations as it may deem necessary to
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ARTICLE IX. THE INITIATIVE* Page 3 of 3
carry out the provisions of this article.
(Ord. No. 59-96, § 60, 12-3-96)
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ARTICLE X. THE REFERENDUM* Page 1 of 1
ARTICLE X. THE REFERENDUM*
*Editor's note: Ordinance No. 58-96, § 61, adopted March 10, 1998, renumbered Art. XI to Art. X.
Section 1. Submittal of ordinance to referendum.
Unless otherwise provided therein, no ordinance passed by the council shall go into effect until
ten (10) days after the time of its final passage, except ordinances making tax levy or appropriation,
rezoning property, amending the adopted Comprehensive Plan, or in respect of a parking or paving
district, and excepting also any ordinance for the immediate preservation of the public peace, health or
safety, which contains a statement of its urgency. Ordinances so excepted shall not be subject to
referendum and shall go into effect upon adoption. If during said ten (10) days after adoption of an
ordinance not so excepted a petition signed by ten (10) percent of the qualified voters at the time of the
last general town election, be presented to the council protesting an ordinance, it shall be the duty of
the council to reconsider such ordinance. If the same be not entirely repealed, the council shall submit
the ordinance, as is provided in arfiicle IX to a vote of the qualified voters of the town. The ordinance, so
challenged, shall not go into effect unless a majority of the qualified voters voting shall vote in favor
thereof. The procedure shall be the same as provided in article IX of this Charter, with such
modification as the nature of the matter requires.
(Ord. No. 4-83, § 2, 4-5-83; Ord. No. 8-83, § 5, 1-3-84; Ord. No. 58-96, § 62, 3-10-98)
Section 2. Passage of conflicting ordinances.
The council may, of its own motion, submit to electoral vote for adoption or rejection at a general
or special municipal election any proposed ordinance or measure in the same manner and with the
same force and effect as is provided in article IX. If the provisions of two (2) or more proposed
ordinances or measures adopted or approved at the same election conflict, then the ordinance or
measure receiving the highest affirmative vote shall control.
(Ord. No. 58-96, § 63, 3-10-98)
Section 3. Additional regulations.
The council may, by ordinance, make such further regulations as it may deem necessary to
carry out the provisions of this article.
(Ord. No. 89-96, § 64, 12-3-96)
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ARTICLE XI. MISCELLANEOUS* Page 1 of 1
ARTICLE XI. MISCELLANEOUS*
*Editor's note: Ordinance No. 58-96, § 65, adopted March 10, 1998, renumbered Art. XII to Art. XI.
Section 1. State law in force in town.
All laws now in force for the government of cities and towns of Florida, except insofar as they
conflict with the provisions of this act, shall apply to the said Town of Jupiter and the officers thereof,
and in addition to the rights, powers and privileges herein conferred upon the Town of Jupiter, the said
municipality is hereby vested with all rights, powers and privileges conferred upon cities and towns
under and by virtue of the general laws of the State of Florida now in force or which may hereafter
bepassed.
(Ord. No. 58-96, § 66, 3-10-98)
Section 2. Expenditures to be appropriated; exceptions.
Neither the council nor any officer or employee of said town shall have authority to make any
contract involving the expenditure of public money, or impose upon said town any liability to pay
money, unless and until a sufficient amount of money shall have been appropriated for the liquidation of
all pecuniary liability of said town under such contract or in consequence thereof to mature during the
period covered by the appropriation. Such contract shall be ab initio null and void as to said town for
any other or further liability; provided, first, that nothing herein contained shall prevent the council from
providing for payment of any expense, the necessity of which is caused by any casualty, accident or
unforeseen contingency arising after the passage of the ordinance making such appropriation; and
second, that the provisions of this section shall not apply to or limit the authority conferred in relation to
bonded indebtedness or moneys to be collected by special assessment for local improvements.
(Ord. No. 58-96, § 67, 3-10-98)
Section 3. Charter review.
As often as the council may deem necessary, but in any event, not less frequently than every
five (5) years, the terms and provisions of this charter shall be reviewed. The council shall appoint a
five-member panel of at least three of whom shall be voters of the Town who shall review the Charter
and report their findings within a six-month period. The purpose of such review is to update the charter
to better meet the needs of the public for good government and to make any amendments or
modifications whichmay be required to conform with the constitution and the laws of the United States
and the State of Florida.
(Ord. No. 18-87, § 7, 3-13-87; Ord. No. 58-96, § 68, 3-10-98)
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