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HomeMy WebLinkAboutOrdinance_255_07/26/1977• • ORDINANCE N0. ?55 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, "AMENDING THE OFFICIAL CHARTER OF THE VILLAGE OF TEQUESTA, FLORIDA, AT SECTION 2.02, RELATING TO QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES; AT SECTION 2.03 RELATING TO OATH OF OFFICE; AT SECTION 2.06 RELATING TO MAYOR AND SUCCESSORS; AT SECTION 2.07 RELATING TO THE POWER TO APPOINT VILLAGE OFFICERS AND ADVISORS; AT SECTION 2.11 RELATING TO METHOD OF ADOPTION OF ORDINANCES; AT SECTION 2.12 RELATING TO QUALIFICATION OF ELECTORS; AT SECTION 3.02 ITEMS 9 AND 10 RELATING TO VILLAGE MANAGER FUNCTIONS AND POWERS; AT SECTION 3.03 RELATING TO THE DUTIES OF THE VILLAGE CLERK; AT SECTION 3.04 RELATING TO THE DUTIES OF THE VILLAGE TREASURER; AT SECTION 3.05 RELATING TO THE DUTIES OF TAX ASSESSOR; AT SECTION 3.06 RELATING TO THE TAX COLLECTOR; AT SECTION 4.02, ITEMS 1, 11, 15, 17, 27, 29, and 34, RELATING TO ENUMERATED POWERS OF THE VILLAGE; AT SECTION 4.03 RELATING TO ANNEXATION OF CONTIGUOUS TERRITORY, AT ARTICLE V, SECTIONS 5.01, 5.02, 5.03 and 5.04 BY REPEALING SAME AND SUBSTITUTING THEREFORE THE PROVI- SIONS OF ARTICLE V OF THE CONSTITUTION OF THE STATE OF FLORIDA RELATING TO JUDICIARY; AT SECTION 6.01, ITEM 8, RELATING TO POWERS OF VILLAGE COUNCIL; AT SECTION 6.03, RELATING TO TAX ASSESSMENT; LEVY AND COLLECTION BY SUBSTITUTING THE APPLICABLE PROVISIONS OF FLORIDA LAW; AT SECTION 7.01, RELATING TO INITIATIVE AND REFERENDUI'~I; AT SECTION 7.02 RELATING TO POWER OF REFERENDUM; AT ARTICLE VIII, SECTIONS 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.0? AND 8.08 RELATING TO RECALL PROVISIONS BY REPEALING SAME AND SUBSTITUTING THEREFORE THE PROVISIONS OF APPLICABLE FLORIDA LAW; AT SECTION 9.03 RELATING TO ACTIONS AGAINST THE VILLAGE BY REPEALING SAME; AT SECTION 9.04 RELATING TO CONFLICT OF INTEREST BY SUBSTITUTING THE APPLICABLE PROVISIONS OF FLORIDA LAW; PROVIDING FOR SEVERABILITY AND PROVI- DING AN EFFECTIVE DATE: BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: The official Charter of the Village of Tequesta is hereby amended as follows: Section 1. Section 2.02 Qualifications and Disqualifications, is hereby amended in its entirety to read as follows: Section 2.02 Qualifications and Disqualifications No person..°~shall be eligible to any elective office of the Village unless he shall be a registered voter and resident of the Village. Any Village Councilman who ceases to possess these qualifications shall forthwith forfeit his office. • • Unless otherwise provided by this Charter, no Village Councilman shall hold any other public office in the Village except that of Notary Public, membership in the National Guard, in the organized reserve of the armed forces of the United States, in any other defense agency recognized by the Village, or in a status of retirement from any of the foregoing. Any candidate seeking election as Councilman shall file with the Village Clerk a written notice to such effect from and including the tenth day of February, to and including the twentieth day of February in the year of the election, and shall pay such filing fee as set by ordinance. Should the twentieth day of February fall on a weekend or legal holiday, notice may be filed with the Village Clerk no later than five o'clock p.m. on the next business day. Such notice shall be signed by at least fifty registered voters of the Village of Tequesta, and shall state the seat number to which he seeks to be elected, his place of residence, his age, and any other data required by law. Section 2. read as follows: Section 2.03 is amended in its entirety to Section 2.03 Oath of Office Each Councilman before entering upon the discharge of the duties of his office shall take and subscribe the following oath 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 Constitt tion and that I will faithfully perform all the duties of the officE of (So help me God; Optional). Section 3. on which I am about to enter. Section 2.06, Mayor and Successors, is hereby amended in its entirety to read as follows: • • Section 2.06 Mayor and Successors The Village Council at its first regular meeting subse- quent to the date of the annual election of Village Councilmen 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 of said municipality. Said officers shall serve at the pleasure of the Council for one year and until a successor shall be appointed and qualified. The Mayor shall preside at all meetings; shall be recognized by the Courts for the purpose of military law; and shall, when directed to do so by the Village Council, execute all instruments to which the Village is a party unless otherwise provided hereby or by ordinance; but he shall have no administrati duties. The Vice Mayor shall act as Mayor during the absence or disability of the Mayor. Section 4. Section 2.07, Power to Appoint Village Officers and Advisors, is hereby amended in its entirety to read as follows: Section 2.07 Power to Appoint Village Officers and Advisors The Village Council shall have the power to appoint and retain all Village officers to include a Village Manager, a Treasurer, a Tax Assessor, a Tax Collector, a Village Clerk, and such other officials as may be provided for by law or by the Village Council pursuant to the authority conferred by this act. At the regular meeting subsequent to the date of the annual election the Village Council shall appoint the Village officers for a term of one year and until their successors shall be appointed and qualified. Village officers shall serve at the pleasure of the Village Council, and the Council shall fix the compensation of such officers by resolution. The Village Council may appoint the Village Clerk, Treasurer, Tax Assessor and Tax Collector from within or without their number; provided, however, that if a Councilman holds another office, he may only receive compensation as Councilman. Any vacancy which occurs by resignation or other- wise, in any of the offices designated in this Section shall be '' • filled by appointment by the Village Council at a regular or special meeting, subsequent to the existence of the vacancy, to be held within thirty days of the creation of the vacancy. The Village Council shall have the power to retain and appoint an engineer, an attorney, and additional officers as the business of the Village may require. Section 5. Section 2.11, Ordinances, is hereby amended in its entirety to read as follows: Section 2.11 Ordinances The procedures for adoption of Ordinances and Resolutions shall be as prescribed in Chapter 166 of the Florida Statutes, 1975. or as said Chapter is amended from time to time, except that Sectioi 2.10 above shall apply with respect to the requirement of a unanimous vote of a quorum for the enactment of Ordinances or Resolutions. Every Ordinance or Resolution of the Village, upon its adoption, shall be signed by the Mayor or by the presiding officer, in the Mayor's absence and by the Village Clerk and further pre- scribed as set forth by Ordinance. Section 6. Section 2.12, Electors and Elections is hereby amended in its entirety to read as follows: Section 2.12 Electors and Elections Any resident of the Village of Tequesta who shall possess the qualifications of an elector under the general laws of the State governing elections and shall have registered in accordance with such laws and ordinances of the Village, shall be entitled to vote in any municipal election of the Village. The registration of voters and the conduct of elections shall be as prescribed by Florida law. Section 7. Section 3.02, Village Manager - Functions and Powers is hereby amended at Items 9 and 10 to read as follows: • • Section 3.02 Village Manager - Functions and Powers (9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor; provided,. however, no such contract shall obligate the Village for a sum greater than $1000.00 and providing, further, all such contracts shall be presented to the Village Council at the next regular meeting after the execution or awarding thereof for action thereon by the Village Council. (10) To prepare and submit to the Village Council, within 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. All other portions of Section 3.02 shall remain intact. Section 8. The first paragraph of Section 3.03, the Village Clerk, is hereby amended to read as follows: Section 3.03 The Village Clerk 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 I I, Clerk shall preserve and maintain an Ordinance Book for the I, recording and preservation of all duly adopted ordinances, and I~shall preserve and maintain a Resolution Book to be provided and kept for that purpose, the Ordinance Book and Resolution Book to be deemed public records. Copies from said minute book, Ordinance i ,Book, or Resolution Book, duly certified by the Village Clerk under I~'Ithe corporate seal of the Village, shall be received in evidence Ilin all Courts and places in proof thereof. The Village Clerk shall ',certify and keep a record of all permits issued by the Village or ,pursuant to its authority. All other portions of Section 3.03 shall remain intact. Section 9. The first paragraph of Section 3.04, The (Village Treasurer, is hereby amended to read as follows: • Section 3.04 The Village Treasurer The Village Treasurer shall receive, safely keep and disburse under the direction of the Council, all funds belonging to or under the control of the Municipality, and shall keep an accurate account of all receipts and disbursements as provided by law or in such manner as the Council shall direct. The Treasurer shall, annually, on or before the first day of March, furnish to the Council a full report of receipts and disbursements during the preceding fiscal year, and shall lay before the Council for examination and audit all books, papers and vouchers pertaining to his office. After submission of all said books, papers and vouchers by the Treasurer, the Council shall have a postaudit by an independent Certified Public Accountant according to the procedures set forth by Florida Law or by Village Ordinance. In addition to the above, the Treasurer shall make special reports for any designated period as, and when, required by the Council. All other portions of Section 3.04 shall remain intact. Section 10. Section 3.05, The Tax Assessor, is hereby amended in its entirety to read as follows: Section 3.05 The Tax Assessor The Tax Assessor shall assess all property in the Village for taxation by the Village and perform such other duties as may be provided by law or by ordinance or resolution of the Council; provided, however, he shall not be required to act so long as the provisions of Florida Statutes 193.116, 1975, or as such law is amended from time to time, are in full force and effect. Section 11. Section 3.06, The Tax Collector, is hereby amended at the second paragraph to read as follows: Section 3.06 The Tax Collector The Tax Collector shall not be required to perform the (duties prescribed above so long as same are provided for by Florida (law. All other provisions of Section 3.06 shall remain intact. '' • Section 12. Section 4.02, Enumerated Powers, is hereby amended at Items 1, 11, 15, 17, 27, 29 and 34 to read as follows: Section 4.02 Enumerated Powers The Village hereby established shall have power: (1) To raise annually by taxation such sums as the Council shall deem necessary for the lawful purposes of the Village provided that no tax shall be levied in any year in excess of that provided by Florida law. (11) The Village shall have the power of eminent domain. (15) To prevent disorderly conduct and vice. (17) To fix penalties to be imposed upon offenders convicted of violating any of the ordinances of the Village; provided, however, that no penalty shall exceed the maximum penalty established by law. (27) To establish a building code, electrical code, and plumbing code and provide for the issuance of building permits; and to have all the powers granted by the applicable Florida law. (29) To annex such lands to the territorial limits of the Village of Tequesta as provided by Chapter 171, Florida Statutes, 1975, as same may be amended from time to time, and provided that said land proposed to be annexed lies within "the natural boundaries" of the Village as described below: Beginning at a point where the North line of Section 19, Township 40 South, Range 43, East intersects with the Atlantic Ocean, which point shall be the point of the beginning, thence South and Southeasterly along the coast of the Atlantic Ocean to the center line of the Jupiter Inlet then Westerly and Northwesterly along the center line of Loxahatchee River and its Northwest Fork, to a point in the North line of Section 21, Township 40 South, Range 43 East, thence Easterly along the North line of Sections 21, 22, 23 and 24, of Township 40 South, Range 42 East and the North line of Section 19, Township 40 South, Range 43 East, to the point of beginning. (34) To have the powers contained in Chapter 166, Florida Statutes, 1975, as same may be amended from time to time. All other portions of Section 4.02 shall remain intact. • Section 13. Section 4.03, Annexation of Contiguous Territory, is hereby amended in its entirety to read as follows: Section 4.03 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 Chapter 171, Florida Statutes, 1975, as amended from time to time. Section 14. Article V, Sections 5.01, 5.02, 5.03 and 5.04 are hereby repealed, the applicability of said Article and Sections having been repealed by Article V of the Constitution of the State of Florida. Article V of the Charter is hereby amended to read as follows: Article V Judiciary The administration of justice within the Village of Tequesta shall be as prescribed under Article V of the Constitution of the State of Florida. Section 15. Section 6.01, Powers of Village Council, is hereby amended at Item 8 as follows: Section 6.01 Powers of Village Council (8) For the relief of the poor, and for the support of any charitable purpose designated by the Village Council. All other portions of Section 6.01 shall remain intact. Section 16. Section 6.03, Tax Assessment; Levy and Collection, is hereby amended in its entirety to read as follows: Section 6.03 Tax Assessment; Levy and Collection The method of assessing taxes; levy and collection shall !be as prescribed in the applicable Florida law including, but not limited to Chapters 192, 193, and 194, Florida Statutes, 1975, as lamended from time to time. Section 17. Section 7.01, Power of Initiative, is hereby amended in its entirety to read as follows: Section 7.01 Power of Initiative The electors shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the Village Council by a petition signed by registered voters of the Village equal in number to ten percent of the registered voters of the Village of Tequesta. Section 18. Section 7.02, Power of Referendum, is hereby amended in its entirety to read as follows: Section 7.02 Power of Referendum The electors shall have power to approve or reject at the polls any ordinance passed by the Village Council, or submitted by the Village Council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the Village Council by initiative petition and passed by the Village without change shall be subject to the referendum in the same manner as other ordinances. Within twenty days after the enactment by the Village Council of any ordinance which is subject to a referendum, a petition signed by registered voters of the Village equal in number of ten percent of the registered voters 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. The Village Council may, at its discretion, submit any ordinance after final passage as provided in Section 2.11 to the people for referendum as provided by this Charter. Section 19. Article VIII, Recall Provisions, Sections 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.07 and 8.08 are hereby repealed and said Article is hereby amended in its entirety to read as follows: • • Article VIII Recall Provisions Section 8,01 Recall Petition Any or all members of the Village Council may be removed from office by the electors in accordance with the procedures set forth in Chapter 100.361, Florida Statutes, 1975, as amended from time to time, Section 20. Section 9.03, Actions Against the Village, is hereby repealed in its entirety and the applicable provisions of Florida law substituted therefor. Section 21. Section 9.04, Conflict of Interest, is hereby amended in its entirety to read as follows: Section 9.03 Conflict of Interest No Councilman shall be employed by the Village until one year after the expiration of the term for which he was elected to the Council. The provisions set forth in the Code of Ethics for public officers and employees at Chapter 112, Part III of the Florida Statutes, 1975, shall govern in all matters relating to conflict of interest or financial disclosure and the effect of same on the proper discharge of a councilman's duties in the public interest. Section 22. All other provisions of the official Charter of the Village of Tequesta, except as specifically amended or repealed hereby, shall remain in full force and effect. Section 23. In the event that any section, sub-section, clause, sentence or provision of this ordinance is held invalid, the remainder of this ordinance shall not be effected by such invalidity. Section 24. This Ordinance shall take effect immediately upon its passage and approval as provided by law. THE FOREGOING ORDINANCE was offered by Council Member Stephen R. Hu~~ins who moved its adoption. The Ordinance was seconded by Council Member ~Far~es H. r2yan and upon being put to a vote U the vote was as follows: FOR ADOPTION Ho~iard ~ . Brown Stephen R. Huggins ~~,T. Harvey I~ianes, Jr. Jai1e s H . Ryan Joseph D. Yoder, Jr. AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 26 day of July A.D., 1977. ATTEST: MAYOR QF TEQUESTA _.~ ,~' Vi11e Cler