HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 07_04/15/1994 �'� VILLAGE OF TEQUESTA
� Post Office Box 3273 • 3S7 Toque�a Drive
�.'•_ � Tcqucsta, Florid:� 334t,9-0273 • (407) 575-6200
' � � Fax:(407)575-6203
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1�IE1�iORANDUM:
TO: Elizabeth Schauer, Village Councilmember
FROM: Thomas G. Bradford, Village Manager �y
DATE: March 18, 1994
SUSJECT: Interlocal Agreement Relating to Student Assignment;
Developer's Aqreements
Pursuant to your request at a recent Village Council Meeting, we
have reviewed the Inte=local Agreement adopted by Tequesta Relating
to Student Assignment. In this regard, attached hereto, please
find a copy of a recent memorandum from ,7oann Manganiello
discussing the same.
The Interlocal Agreement does not require Tequesta to have
developer�s agreements or require racial composition provisions
within developer's agreements. However, the Interlocal Agreement
appears to contemplate the use of developer`s agreements as"an
important tool in reaching racial composition goals.�Section 13.1-
91, through and including Section 13.198 of the Tequesta Code of
Ordinances, pertains to development agreements. Oddly, these
statutes do not state or imply that Tequesta can impose or require
development agreements on developers. The Village Council may wish
to consider modifying these statutes so that they have the power to
require development agreements.
The only applicable area for use of developer's agreements to
address racial composition appears to be within the Tequesta Center
as proposed by the Christopher Village Foundation. Again, however,
it does not appear that Tequesta has the power to require a
developer's agreement. Annexations and previously approved
residential developments would not appip since the remainder of
Tequesta and the residential areas within its reserve anhexation
area are built-out and under the control of the property owners.
�
In conclusion, the Village Council may wish to amend its
development agreement statutes in order to qive the Village Council
the clear authority to mandate developer's agreements. Wh�ther or
not the Village should amend its development agreement statutes to
make reference to require the developer "to utilize its best
�•... r f n;..:.
Page 2—
efforts to achieve racial balance as a condition of development
approval" is a policy decision to be made by the Village Council.
In lieu of amending the Ordinance to require the same, iou could
rely on yourself and future Village Councilmembers to re�ember to
address racial composition of proposed developments if you �ake the
necessary steps now to enable the Village Council to require
development agreements.
I would suggest that you bring this issue up under Any Other
Matters before the Village Council or alternatively, reqLest that
I present the same to the Finance and Administration Committee to
have them recommend to the ful� Village Council any changes in this
regard. Please let me know your preference in this matter.
TGB/krb
c: Village Council, w/attachments
Scott D. Ladd, Building Official, w/attachments
John C. Randolph, Village Attorney, w/attachments .
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210 M1litary Trsfl 1� 70 407/746-5134
Jupiter, Florfda 33458 # # FAX �07/575-7785
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April 5, 1994 ' " ' „' '
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Dear North County Education Committee Member:
Please find attached the final version of the Developer's Agresment. If you have any
questions or comments, piease do not hesitate to contact me.
Sincerety,
TOWN OF JUPIT
1 i ,fy,
Eric Riel, Jr. �
Planning and Zoning Administ�ator
ER:vr
Attachment: Developer's Agreeme�rt
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OEVELOPEA'S AGREEMENT
RELATINQ TO PUBLIC SCHOOL AGED POPULATION
THIS AGREEMENT is made this _ day of , 1994, by and between the TOWN OF JUPITER,
a Fio�ida murnc�pal corpo�ation of the State of Florida (hereinafter referrea :o as the "TOWN"l, and
, (hereinafter referred to as the "DEVELOPER"1.
WITNESSETH:
WHEREAS, the TOWN has declared its commitment to affordable housing ard integration and desires
to maintain and enhance a racially balanced public school population with�n the TOWN; and
WHEREAS, on January 28, 1992, the TOWN entered into an Interioca� Agreement relat�ng to student
assignment with the School Board; and
WHEREAS, the TOWN has reviewed the proposed development of the pro�ect to ensure that it is in
accordance with appticable TOWN codes and ordinances; and
WHEREAS. The TOWN and DEVELOPER desire to enter into this Ag�reement, consistent with the
provisions of the Interlocal Agreement, so as to further the commitments of the TOWN and the
DEVELOPER to maintain +ntegration and to maintain and enhance a racially balanced public school
population in the TOWN as a whole, and within that residential area subject to the terms of this
Agreement; and
WHEREAS, the Interlocal Agreement, and this Agreement, are entered into m furtherance of tl�te goals,
objectives, and policies pursuant to Chapter 163, Florida Statutes, and is in furtherance of the
provisions of Chapter 27, Zoning, the Town Code of Ordinances, and is within and authorized by the
constitutional and statutory powers of the TOWN;
WHEREAS, DEVELOPER is the owner of a of land (hereinafter referred to as the 'PROPERTY'?, which
is more particularly shown in Figure "1" and described in Exhibit "B' attached hereto; '
NOW, THEREFORE, in consideration of the mutual covenants contained herein as well as other good
and valuable consideration, the receipt and sufficiency of which sre hereby acknowledged, ths TOWN
and DEVELOPER agree:
Sectian 1 : PURPOSE AND SCOPE
The purpose of this Agreement is to provide terms and conditions under which DEVELOPER
wi11 provide assurances to the TOWN that DEVELOPER will use its best efforts to maintain and enfiance
a racially balanced pubtic school population, within the residential development subject to this
Agreement, so as to further the goals, objectives, and policies of the Tovm Comprehe�rsive Plan, as
amended, so as Lo further the purpose and scope of the Interlocal Agreement Relating to Student
Assignment, attached hereto as Exhibit "A'.
Section 2 : DEVELOPER COMMITMENTS
DEV0.0PER agre� to utillze its best efforts to provide for a racial batance in the pub�CC school
population antidpated to reside in DEVELOPER'S residential developmen� said devetopment as m�e
specfica{ty descxibed in Exhibit 'B'. attad�ed h�eto and irtcorpo�ated here�n by this referenae. For
the purposes of this Agreement, "racially balanced public schaol population' sh�tl mean a pub�c schoal
age population of a racial makeup which meets the public school population racial balance guidelines
promulgated by the school district.
D�vNope�'s Agr�sment
Page 2 of 7
a. Racial 6alance. DEVELOPER agrees to utdize hislher best efforts to explore and utdize the
follow�ng methods to achieve a school population which shall be racially balanced. As a
m�nimum, the following shall be completed:
1. The OEVELOPER shai! notify as a minimum the follow�ng ma�or area employers and
local civic organizations abaut this housing opportunity to achieve racial balance within
the Town of Jupiter:
Adetphia Cable
Florida Atlantic University Staff
Florida Power & Light
lndian River Waier Control District
� Jupiter Medical Center
Jupiter/Tequesta Association of Realtors
Jupiter/Tequesta/Juno Chamber of Commerce
Marquette Electronics
Municipal Governments including Tequesta, Palm Beach Gardens.
and the Town of Jupiter
Palm BeachlTreasure Coast AFUCIO ,
Palm Beach County School Board
Palm Beach County Government Staff
Palm Beach Gardens Community College �
Phillips Components
Pratt Whitney
Southern Bell
State of Florida (Palm Beach County/West Pafm Beach Officesi
U. S. Government (Palm Beach County/Wesi Palm Beach Offices)
VA Hospital
South Florida Water Management District lMain Officel
Suncoast Chamber of Commerce
' 2. In addition to the above, the DEVELOPER may advertise at a minimum in the following
newspapers and media publications which may have a large Afro-American readership
indicating the potential housing opportunity within the Town of Jupiter:
Broward Times
Miami Times
Suncoast Chamber of Commerce Publication
Church butletin boards that have a large minority cong�egation
3. Dependent on the advertising median chosen all advertising shall include as a minimum
the foUowi� untit ail resideMial units �a sold:
� a. Written Advenisemer�ts:
1. The advertisement shall as a minimum indude the following:
a) Typewritten statemeM tegibly written indicadng the following:
Devaloper's Agrhment
Page 3 of 7
"We are pledged to utdize our best efforts to achieve,
mamtain and enhance ethnic divetsity �n our
commurnty."
b) The type sty�e shall be of the same type style as the
advertisement and shalt be a minimum of 10 point �n s�ze.
2. If it is the desire'of the developer to depict humans within thE ad as a
photograph, such ad shall depict Afro-Amencans.
b. Radio/Broadcast Advertisements:
� 1. The announcer shall as a minimum include the following in all radio
announcements advertising the proposed residential development:
"We are pledged to utilize our best efforts to achieve, maintain
and enhance ethnic diversity in our community."
c. Televised Adveriisements:
1. The announcer shall as a minimum include the following in all television
announcements advertising the proposed residential development:
"We are pledged to utilize our best efforts to achieve, maintain
and enhance ethnic diversity in our community."
2. If it is the desire of the developer to depict humans within the
television advertisement, the advertisement shall depici Afro-
Americans.
4. Proof of advertising as required as a part of this Agreement shall be forvvarded to the
following:
AS TO THE TOWN:
Department of Community Development
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
AS TO THE NORTH COUNTY EDUCATION COMMITTEE:
Chai�son
North County Education Committee
Tov�m of Jupiter �
210 Military Trail
Jupit�, Rorida 334E8
Devsioper'a Agreement
Page 4 of 7
Section 3. EFFECTIVE DATE AND TERM OF AGREEMENT
Th�s Agreement �Nill become effectwe upon the date of last execution by the parties hereto.
The Agreement shall remain in effect until all resident�al units are sold.
Section 4 . FAILURE TO PERFORM IN GOOD FAITH
Shoutd DEVELOPER fail to perform the terms of this Agreement in good faith, then the TOWN
shall not issue any development permits, including but not limited to the foflowing permits, building
permits, vegetation removal permits, occupational licenses, etc. for the residential property subject to
this Agreement.
Section 5. TERM{NATtON
This Agreement shall terminate automatically if the Development Order issued by the TOWN
for the property described in Exhibit °B" lapses, expires, terminates, or is revoked, and is not renewed
or reinstated by tfie TOWN.
Section 6. aUARTERLY REPORT
The DEVELOPER shalt, every 3 months uniil all residential units area sold, provide the
Department of Community Development the following items to demonstrate the Developer's good faith
compliance with the terms and provisions of this Agresment. As a minimum, this shall include:
a. Copy(iesl of the advertisementls) or verification of the advertisement (if television or
radio was utilized).
b. Frequency the advertisement(s1 occurred.
c. Names of the publication{sl the advertisement occurred.
Section 7. INDEMNITY
� Should the rights of either party to enter into and perfarm under this Agreement be challenged
� in any law suit, arbitration or administration p�oceedings (the 'legal p�oceedings") and the TOWN
and/o� the DEVELOPER is made a party thereto, or, the TOWN'S or the DEVELOPER'S right to perfarm
under this Agreement or benefit to be derived by the TOWN or DEVELOPER from this Ag�eement be
made subject to or effected by such legal proceedings, then the TOWN and the DEVELOPER hereby
agree to bear their own costs, of whatsoever nature, incurired as a result of arry of the foregoing
events. Initiation of legal proceedings may effect the school baundary assignments of the public
school population residing i� the TOWN, and of the public school population residing in the subj8ct
property, made pursuant to this Agreement and the Interlocal Agreement, should a court of competent
jurisdiction invalidate, modify, or in any material way alter this Agreement or the Inteirlocal Agreement.
If such aation is taken by a Court, the TOWN arM DEVELOPER are �eleased from th�ir obligations as
stated herein.
� Oeveloper's Agreemsnt
Page 5 of 7
Sectio� 8 . GOVERNING LAW
This Agreement and the nghts and obligations created hereunder shail be interpreted, construed
and enforced �n accordance w�th the laws of the United States and Flor�da. This Agreement shall not
be construed against the party who drafted �t. Both parties have consultants, experts, and;or attorneys
of their choos�ng. In all litigation brought in connection w�th th�s Agreement. venue shall lay in Palm
Beach County, Flonda, and the prevailing part�es shall be entitled court costs and reasonable attorneys
fees.
Section 9 . WAIVER
No consent or waiver, exp�ess or implied, by any party to or of any breach of default by the
other in performance by the other of its obligations hereunder shall be deemect or construed to be a .
consent or waiver to or of any other breach or default in the performance by such other party of the
same or any other obtigation of such party hereunder. Failure on the part of any party to compfain af
any act or failure to act of any of the other party or to declare the other party in defauit, regardless
of how long such failu�e continues, shall not constitute a waive� by such part of its rights hereunder.
Section 10. SEVERABILITY
If any provision of this Agreement or the application thereof to any person or circumstance shall
be invalid or unenforceable to any extent, the �emainder of this Agreement and the application of such
provisions to other persons or circumstances shall not be affected hereby and shall be e�forced to the
greatest extent permitted by law.
Section 11 . FURTHER ASSURANCES
Each party shall perform all other acts and execute and deliver all other documents as may be
reasonably necessary to carry out the intent and purposes of this Agreement.
Section 12. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties. No right, duties or .
obligations of the parties shall be created unless specifically set forth in the Agreement. No
amendments or modi�cations of this Ag�eement will be binding and valid unless made in writing and
executed and approved by both parties.
Sectio� 13. BINDING AGREEMENT
This Agreement shall inure to the benefits of and shalt bind the parties, their heirs, successors
or assig�s. � -
s�won �a. acc�raNCE
This AgreemeM must be accepted by the parties hereto and futly sxecutad. .
DevNoper's Agrsement
� Page 6 of 7 ,
Sectio� 15 NOTICE
Any notice required under th�s Agreement shall be forwarded to the foiiowing:
AS TO THE DEVELOPER:
� AS TO THE TOWN: �
Depanment of Community Oevelopment
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
AS TO THE NORTH COUNTY EDUCATION COMMITTEE:
Chairperson
North County Education Committee
Town of Jupiter
� 210 Military Trail
Jupiter, Florida 33458 .
IN YYITNESS WHEREOF, the Parties have set thei� hands and seals as of this day of
, 1994.
ATTEST: THE TOWN OF JUPITER, FLORiDA
Safly M. 6oylan, Town Cierk Karen J. Golonka, Mayor
ATTEST:
BY:
WITNESS
TITLE:
CORPORATE SFAL
, Oeveloper's Agrsamsnt
Page 7 of 7
STATE OF FLORIDA
COUNTY OF PALM BEACH
The forego�ng �nstrument was acknowledged before me this day of
1994, by , as of a Delaware
Corporation on behalf of the Corporation, who has produced , as identification and
who did not take an oath.
Notary Public
State of Florida at Large
Name Printed: �
My Commission Expires:
Serial Number, if any:
STATE OF FLORIDA �
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,
1994, by , as of the TOWN OF JUPITER who
has produced , as identification and who did not take an oath.
Notary Public
State of Florida at Large
• Name Printed: .
. My Commission Expires:
Serial Number, if any:
Attachments:
Exhibit "A" • Interlocal Agreement Relating to Student Assignment
Exhibit '6' - Development Site Plan
tlne.aM+.Mroor..ar
4 . I
$ 13.1-81 PI.ANNING AND DEVELOPMENT § 13.1-91
(c) Violations of this article punishable by civil �ne pursuant
to Chapter 163, Florida Statutes, shall be referred to the code �
enforcement board.
(d) All monies collected pursuant to this article shall be depos-
ited in the general fund of the vilIage.
ie) Repeat violations of this section may be cause for water
service disconnection by the villase. tOrd. No. 436, § 6, 6-18-92)
9tate law reference F.S. Chapter 163.
Secs. 13.1-82-13.1-90. Reserved.
AR.TICLE VI. DEVELOPMENT AGREEMENTS
Sec. 13.1-91. Pnblic hearings. .
(1) (Requirement.) Before enteri.nginto, amending, or revoking
any development agreement for a development as defined in the
Comprehensive Plan of the V'illage of Tequesta, the village shall
conduct two (2) public hearings.
t2) [Notice of intent.]
(1) Notice of intent to consider a development agreement shall
be advertised seven ('n daya before each public hearing in
a newspaper of 8eneral ci:+cnlation aad be noailed before �
the first public hearing to aII affccted property owaers that
reside within the v�lage within three huadred (300) feet of
. the property aubjec� to the application. The day, time, and
plsoe at which the aeoond pnblic hearing wiII be held shall
be announoed at the 5rst pnblic hearing. All advertising
cosfs sa provided herein shall be borae by the applicant.
(b) The notice shall specify the la�tion of the land subject to
the development agreement, the development uses pro-
posed on the property, the P�P� PoPulation densiti�,
and the proposed bu�ding int�ensities and shall specify a
place where a copy of the proposed agreement can be ob-
tained. (Orti. No. 425, � 1, 9�4921
3upp. Na 22 81S
4 13.1•92 TEQIJE9'PA CODE � 13.1-92
Sec. 13.1-92. Rsquirements.
tl) A development agreement submitted to the village for con- �
sideration shall include the following
ta� A legal description of the land subject to the development
agreement and the names of its legal and equitable owners.
(b� The duration of the development agreement.
tc) The development uses permitted on the land, including
papulation densities, building intensities and height.
(d) A description of public facilities that will service the de-
velopment, including who will provide such facilities, the
. date any new fscilities, if needed, will be constsucted, and
� a schedule to assure that public facilities are available con-
current with the impacta of develapment.
(e) A description of any reservation or dedication af land for
public gurposes on the property subject to the development
agreement.
(fl A description of all approved development permits or per-
mits which need to be appraved for the development of the
lands.
(g) A findi.ng that the development pe�mitted or proposed is
consistent with the Comprehensive Plsa and Land Devel-
opment R,egulations cf the V�lage of Tequesta
(1i) A description of any canditions, terms, re�ic�ions or other
requirements determined to be nece�sssrs► by the villag�e for
the public health, safety o� wel�are of its citizens. i
(i) A statement i�icating that the falure of the development
agreement to address a particular permit, oondition, t�erm
or restriction shsll not relieve the developer of the necea-
sity of complying with any ]aw gaverning said permitting
requirements, oonditions, terms or restridions.
(2? The villa�e may require that a development agreement pro-
� vide Lhat the entire deveiopanent or atry phase thereof be c�m-
menced or coiapleted witbin a specified period of time.
t3) Consideration of a developm�t ag�ment by the village
shall not in any way be e�sideted as consi�on of an appli- �
�pp. Na 22 814 ~ �
• _ _ ,. • . ,. _ _. .. . --.-..-:_--... •. - . • . ^ _ • .. . • • • . - . . ... . .. . . . . . , -
. �
4 13.1•92 PI.ANNING AND DEVELOPI1dENT 4 13.1•95
cation to amend the comprehensive plan of the village. (Ord. No.
425, § 2, 9-4-92)
Sec. 13.1-93. Duration.
The duration of a development agreement shall not exceed fve
�5) years, and may be extended by the mutual consent of the
parties subject to the public hearing requirements as set forth in
section 13.1•91. (Ord. No. 425, � 3, 9-4-92)
Sec. 13.1•94. Consistency and periodic review.
(1) A development agreement and authorized development shall
be consistent with the Comprehensive Plan and Land Develop- �
ment Regulations of the Village of Tequesta. +
,
.—� (2) The vi]lage shall review the land anbject to the develop-
ment agreement at least onoe every twelve (12) months to deter-
mine whether there has been good faith oompliance with the terma
of the development agreemen� If the village finds on the basis of ;
substantial competent evidence there has been a failure to comply �
with the terms of the development agreement, the agreement �
may be revoked or modified by the village pursuant to a public
hearing as set forth in Section 13.1-91. tOrd. No. 425, § 4, 9-492)
Sec. 13.1-95. I.aw governin�
(1) The development of the laad ehall be governed by the V'�l
� lage of Tequesta Code of Ordinances in e�stence at the time of
the eaecution of the development agre�nent and all applicable
state and federal laws.
t2) The villag�e aiaY 8 PP� ��1u��9 �Pted laws and pol• .
icies to a development that is subject to a development agreement •
if the village has held a public hearing and determined: `
(� The subsequent laws or policies are not in conflid with the �
laws and policies in e�dstence at the time of eaecution of
� the development agreement 8nd do not prevent develop-
� ment of the land uaes, intensi'ties or densities in the devel
� a�ent agreement; or .
' ' snpp. No. sZ Slb
- . . . , , , , . _ .. . .. .. --„�..�?---' . . ~ . � _ .. .: ,; ... • _ . . .. , � . .�•-•:. ... ,:,•�i•:,_ ; =•''�:^';',�..... . -
. . . . . ' ' • _ _ : ,-y�r.s'''.,�"'�e . • ',- - r' r • • � e -
. ', _' �
f 13.1-95 TEQLTESTA CODE 4 13.1•98
(b) The subsequent laws or policies are essential to the public
health, safety or welfare and expressly state that they shall
apply to the development that is subject to development
agreement; or
(c) The subsequent laws or policies are specifically anticipated
and provided for in Lhe development agreement; or
(d) The village demonstrates that substantial changes have
occurred in pertinent canditions existing at the tune of
approval of the development agreement; or
te) The development agresment is based on substantially in-
accurate information supplied by the developer. (Ord. No.
425, � 5, 9-4-92) �
- Sec. 13.1•86. AmEndment or caacellation.
r
The development a�reement may be amended or cancelled by
the mutual cansent af the parties to the development a�reement
or by their sucoes.sors or assigns. (Ord. No. 425, � 6, 9-492) �
Sec. 13.1-97. Recording of a development agreement �
Within fourteen (14) days after the village enters into a devel-
opment agreement the village shall record the agreement with �
. the Clerk of the Circuit Cowrt in Pslm Beach County, Florida. A
copy of the recorded development agreement shaIl be submitted
w the state land glanning agency within fourteen (14) days after
the agreement is recorded. The provisiana of the development
� agreement aball be binding npoa and the benefita of t&e agre�
= ment shaIl inure ta all sucoessors ia interests to ths parties to the
agreement, (Ord. No. 425, � ?, 9-49Z)
3ec. 13.1•88. Modification or revocation.
If state or federal � laws are �nacted af�er the exe�ution of a =
.
' development agreement which are applicable to prEClude the par• �
ties' compliance with the terms of the development agreement,
snch agreement sLaII be modified or revoked as is neceasary to �
comply with the relevant state or federal laws. (Ord. No. 425, � 8, ,
� 9-4-82)
. . . . . _ . . _. . . . (The nest pn�e i� 827'1
. . . � supp. Na �2 , 816 �
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� R 92 } 15 3 D
INTERLOCAL AGREEMENT
RELATIN(i TO STIIDENT A88Ia�8NT
JAN 2 8 1992
This Agreement, made this day of ,
1992, between the School Board of Palm Beach County, Florida, the
governing body corporate for the Palm Beach County Public School
District (hereinafter "SCHOOL BOARD") and the Palm Beach County
Board of County Coaunissioners, the Town of Jupiter and the Village
of Tequesta (hereinafter the "LOCAL GOVERNMENTS").
WHEREAS, the SCHOOL BOARD has the sole and complete authority
to locate and maintain schools and to assign pupils to �those
� schools in compliance with both federal and state constitutions,
laws, rules, and regulations; and
WHEREAS, the LOCAL GOVERNMENTS have declared their commitment
to affordable housing and racial integration of their residential .
neighborhoods and desire to maintain and enhance a racially
balanced public school population in the Study Area Codes (SACs)
identified in Exhibit "A" assigned by the SCHOOL BOARD �tithin the
area included within this Aqreement; and
WHEREAS, in accord with SCHOOL BOARD Policy 1.•045, the SCHOOL
BOARD may assiqn students to attend the nearest available school in
their SAC areas as long as such assignment does not negatively
impact racial balance in those schools; and
WHEREP,S, the LOCAL GOVERNMENTS have requested that the SCHOOL
BOARD authorize boundary exemptions in order to further
integration/desegregation in the area so that students who reside
in the SACs indicated in exhibit "A" may attend the nearest
available schools; and
WHEREAS, the SCHOOL BOARD and the LOCAL GOVERNMENTS desire to
memorialize the terms for the requested boundary exemptions to
ensure compliance w3th and for administration of those terms; and
WHEREAS, this Interlocal Agreement is made in furtherance of
the goals, objectives and policies of the Comprehensive Plans
adopted by each LOCAL GO�ERNMENT pursuant to Chapter 163, Florida
Statutes, and the constitutional and statutory powers of the SCHOOL
�OARD and the LOCAL GOVERNMENTS.
NOW, THEREFORE, in consideration of the mutual covenants,
terms and conditions herein, it is hereby aqreed as follows:
1. The recitals set forth above are hereby confirmed and
ratif ied; and
2. The parties hereto shall adhere to and be bound by said
Artiales and Sections.
ARTICLE I
PURPOSE AND SCOPE
Section 1.01.
The purpose of this Agreement is to provide specific
terms and conditions for the LOCAL GOVERNMENTS to maintain and
enhance a racially balanced public school popuiation within the
area included within this Agreement and for the SCHOOL BOARD t�
grant certain school boundary exemptions to facilitate achievement
of the SCHOOL BOARD'S racial balance goals and to facilitate
achievement of the LOCAL GOVERNMENT'S goals of: (1) ensuring that
all LOCAL GOVERNMENT public schoal students in the SACs identified
in Exhibit "A" attend the nearest available schools as defined
herein; and (2) promoting affordable housing opportunities within
the area included within the Aqreement.
ARTICLE II
MAINTENANCE AND ENHANCEMENT
Section Z.01 - LOCAL GOVERNMENT Implementation
The LOCAL GOVERNMENTS shall be responsible for the
implementation, as permitted by law, of the proposed plan to
maintain and enhance a racially balanc public school population
and for conducting the ordinary and usual business and affairs in
connection wifh the proposed Irlan. The parties intend that all
residential areas in the SACs in Exhibit "A" in which public school
students reside, or may reside, shall be qoverned by the terms of
this Agreement.
Section 2.02 - Proposed Plan
The LOCAL GOVERNMENTS have provided to the BOARD's Growth
Management Center a written proposal which delineates their
strateqies to maintain and enhance a racially balanced public
school population within the area included.within this Aqreement.
Racial balance is achieved where the population of the LOCAL
GOVERNMENTS included within this Agreement reflect the public
school population by race in accord with SCHOOL HOARD Policy 1.045.
The plan includes, and is not limited to: (ij information
concerninq the number/type of dwellinq units within the area
included within this Agreemeat; (2) the marketing and financinq
proqram{s) to reach potential tenants/buyers; and (3) the
desiqnated maintenance and enhancement of inteqration qoals for
tenants/buyers. The plan shall be attached hereto for information
only as Exhibit "B". The LOCAL GOVERNMENTS covenant, warrant, and
represent that they� shall. endeavor to implement the plan as
permitted by law.
. 2
Section 2 03 - Schoal Boundary Exemption
Pursuant to SCHOOL BOARD Policy 1.045, the SCHOOL BOARD
will qrant to the public school populatian within the SAC's in
Exhibit "A" a revocable administrative school boundary exemption.
This exemption will allow children who reside in th e AC's to
° attand the �eares� available school effec�ive the 19��-$� schoo� �--�-;.-.
year as long as the LOCAL GOVERNMENTS meet the conditions noted '� =
w��hin this Section. The term "nearest available school" means a
school located withir. the City's corporate boundaries, then/or .�
within a five-mile radius of the City's corporate boundaries.
Students residing in the City and currently assigned to schools
outside the five-mile line will be extended a student assignment
exemption as provided elsewhere within this Aqreement and will be
assigned to the nearest available school. Students residing in the
City and presently assigned within the five-mile line will
automatically be granted a student assignment exemption to permit
them to remain at their presently assigned school for as long as
the City meets conditions of this Agreement. The only exception to
these automatic exemptions will be for students reassigned due to
the opening of new schools or to relieve overcrowding except that
a student presently assigned to a school outside the five-mile line
may, at his/her option, remain at that school.
The LOCAL GOVERNMENTS shall achieve and maintain a public
school population within the SAC's in Exhibit "A" of between 10 and
• De�. 3�, 40 percent Black ( the "racial balance" ). The LOCAL GOVERNMENTS
�99s e n compliance with this Aqreement and the SCHOOL BOARD will
� �� assign students from the LOCAL GOVERNMENTS to the nearest available
school (as defined hereinabove) pursuant to SCHOOL BOARD Policy
1.045.
The Superintendent shall monitor quarterly and report
annually commencing September 30, 1992, on the racial balance of
public school students Citywide. If the LOCAL GOVERNMENT ceases to
be in compliance with the Aqreement, the SCHOOL BOARD shall provide
the LOCAL GOVERNMEI�IT with written notice thereof. After receipt of
the notice, the LOCAL GOVERNMENT shall have four quarterly
reporting periods in which to bring the public school population
into compliance with the Aqreement.
As long as the LOCAL GOVERNMENT is in compliance with the
' Aqreement, students shall be assiqned to the nearest available
schools. If the LOCAL GOVERNMENT• does not comply with the
Aqreement,�after notice and time to comply, the boundary exemptions
contained herein will expire without further action •by either
patty.
' 3
1 •
ARTICLE riz
TERM AND TERMINATION
Section 3.01 Term:
This Agreement shall continue for an indefinite period of time
from the date of this Agreement until terminated in accordance with
the provisions herein. Unless otherwise specifically provided, the
exercise or use of one of the provisions shall not preclude the
exercise or use of any other provisions.
Section 3.02 Termination:
This Agreement shall terminate automatically, without further
liability or obligation, if any of the followinq events occur:
A. The LOCAL GOVERNMENT does not comply with the
Aqreement; or �
B. The LOCAL GOVERNMENT fails to maintain the racial
balance as defined herein, but only if the LOCAL
GOVERNMENT is not in compliance with the proposed
plan after the four quarterly reporting periods
following notification of noncompliance or, for
qood cause shown, additional reportinq periods at
the discretion of the SCHOOL BOARD; or
C. The SCH�OL BOARD does not comply with the
Agreement; or
D. Any LOCAL GOVERNMENT may withdraw upon notifying
the other parties in writing they are withdrawinq
from the Aqreement, but such withdrawal shall not
terminate this Aqreement for those parties
remaininq.
ARTICLE IV
MISCELLANEOUS PROVZSIONS
Section 4.01 Indemnity:
Should the riqhts of any party to enter into and perform under
this Aqreement be challenqed in any way in a lawsuit, arbitration '
or administrative proceedinq (the "Leqal Proceedinqs") and a LOCAL
GOVERNMENT be made a party thereto or ths LOC1�L GOVERNMENT'S riqht
to perform under the Agreement or benefits to . be derived by the
LOCAL GOVERNME1�tT from the Agreement be made subject to or effected
by such Leqal Proceedinqs, then the School Board and the LOCAL
GOVERNMENT hereby aqree to bear their own costs, of whatsoever
nature, incurred as a result of any of the foreqoinq events. �
' .�.� 1�'l�w� a�r�aw�wi � :°.�_'. �::: i.����'�--A34►-�'�..� s- ..L- - ---i �
• i i
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. �
,
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Initiation of Legal Proceedings may affect
the school boundary assignments of the public school population
residing in the LOCAL GOVERNMENT made pursuant to this Agreement
should a court of competent jurisdiction invalidate, modify or in
any way alter this Agreement. If such action is taken by a court,
all parties are released from their obligations as stated herein.
Section 4.02 Governing Law:
This Agreement and the rights and obligations created
hereunder shall be interpreted, construed and enforced in
accordance with� the laws of the.United States and F'lorida. This
Agreement shall not be construed against the party who drafted it
and both parties have consulted experts/attorneys of their
choosing. If any litigation should be brought in connection with
this Agreement, venue shall lie in Palm Beach County, Florida, and
the prevailing party shall be entitled to court costs and
reasonable attorney fees.
Section 4.03 Waiver;
No consent or waiver, expressed or implied, by any party to or
of any breach of default by the other in performance by the other
of its obligations hereunder shall be deemed or construed to be a
consent or waiver to or of any other breach or default in the
performance by such other party of the same or any other obligation
of such party hereunder. Failure on the part of any party to
complain of any act or failure to act of any of the other party or
to declare the other party in default, regardless of how lonq such
failure continues, shall not constitute a waiver by such party of
its rights hereunder.
Section 4.04 Severability:
If any provision of this Aqreement or the application thereof
to�any person or circumstance shall be invalid or unenforceable to
any extent, the remainder of this Agreement and the application of
such provisions to other persons or circumstances shall not be
affected hereby and shall be enforced to the qreatest extent
permitted by law.
Section 4.056 Entire Aqreement:
This Agreement contains the entire Aqreement between the
parties. No right, duties or obliqations of the parties shall be
created unless specifically set forth in the Aqreement. No
amendments or modifications of this Agreement will be bindinq and
valid unless made in writing and executed and approved by the
5
parties or their successors or assiqns.
Section 4.47 BindinQ Aqzeement:
This Agreement shall inure to the benefits of and shall
bind the parties, their heirs, successors or assigns. This
Agreement may be assigned without consent of any Party and all of
the terms and conditions set forth herein shall inure to the
benefit of and shall bind the assignee.
Section 4.08 Acceptance:
� This Agreement must be accepted by the parties hereto and
fully executed.
Section 4.09 Notice:
Any notices required �nder this Agreement shall be
delivered by hand or by certified mail, return receipt requested,
to the following:
AS TO THE BOARD: �
Chairperson
School Board of Palm Beach County
3910 RCA Boulevard, Suite 1011
Palm Beach Gardens, Florida 33410-4313
AS TO THE LOCAL GOVERNMENTS:
Town Manaqer
Town of Jupiter
210 Milifiary Trail
Jupiter, Florida 33458
village Manaqer
Villaqe of Tequesta
357 Tequesta Drive
Tequesta, Florida 33468
County Ad�iinistrator
Palm Beach County
c!o Governmental Center -
301 North Olive Avenue
West Palm Beach, Florida 33401
' 6
The LOCAL GOVERNMENTS shall cause a duplicate oriqinal of this
Agreement to be filed with the Clerk of the Circuit Court in and
for Palm Beach County, Florida, as required by Section 163.01(11),
F.S.
IN WITNESS WHEREOF, the partiPs hereto cause the executian of
this Agreement by their duly authorized officials.
SIGNED, SEALED AND DELIVERED:
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
J ` �� Witness: � By: .
OA CHAIRPERSON
witness: � �''�' �- /�' Date: 3 � - '!'1� ,
ATTES�: TOWN OF JUPITER, FLORIDA
By : ,¢ �
TO C R..K TOWN MANA R
TOWN OF JUPITE TOWN OF JUPITER
Date : f=t 5�,,�� �� / y � 5 y�
ATTEST: VILLAGE OF TEQUESTA, FLORIDA
. By •/ � � �
VI GE CLERK VILLAGE MANAGER
VILLAGE OF TEQUESTA VILLAGE OF TEQUE�T
Date: ��%��"",`. /�/ .� ��
ATTEST MlLTON T. BAUER, CLERK p� B�CH , FLORIDA,
... � � � Of Cp�ggp�g BY ITS BO F COUNTY •
. • • . � / COMMISSIO
. , J ' � ( �� . ����� y �
. _,� � r� j • I Y6r"V 1 i V4G�7A ,,,/'
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_ _; . � `� � � �:LE�C r B�ARD �F �.'DUNTY C
: - : � � carn�sissi�ir�RS R 9 . .1 3 �: � �
� ? � � J � 2 8 1992
f . . . . �, � A •
. � Date:
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. . ' .
Approved as to form and leqal sulfici cy:
-, .
By : , �%'71'I,,,-� � , � By :
TOWN ATTORN • CE O. GENERAL COUN5EL
SCHOOL BOARD
By � By
LLAGE ATTORNEY
COUNTY ATTORP7EY
acters.2
EXHIBIT "A"
TO
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
OF PALM BEACH COUNTY, THE PALM BEACH COUNTY
BOARD OF COUNT� COI�IMI�SIONERS TH�' TOFIN OF JUPITER
AND THE VILLAGE OF TE UESTA
001 002
003A � 003B
003C 004
005 006 �
007 008
009 O10
O11A O11B
012 - 013
014 O15A
O15B 016
017 018
019 020 �
021 022A
0228 025A
027 028
029 030
031 032
033 034
035A - 0358
036 100
384A 3848
agz�s.3
EXHIBIT "B"
TO
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
OF PALM BEACH COUNTY, THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS, THE TOWN OF JUPITER
AND THE VILLAGE OF TEQUESTA
The area included within this agreement, adopted by the Palm beach
County board of County Commissioners, the Town of Jupiter and the
Village of Tequesta (hereinafter referred to� as the "Local
Governments") do hereby set forth and commit to the following plan
in order to maintain a racially balanced public school population
within that portion of the county encompassed by this Agreement.
PLAN
I. INTRODUCTION
The area included within this Agreement comprises
approximately 78 square miles, containinq single
family housinq units and multifamily housing units.
The area's housing stock contains a mixture of retirement,
sinqle multifanrily, and rental units. The area
3ncluded within this Agreement currently consists of
approximately 7,4Z4 students, of which an estimated 4.63$
percent are black. Included within this area are five
elementary schools, one middle school, and one hiqh school.
Also included within this area are students assiqned to
Dwyer Hiqh School and Duncan Middle School.
II. STtJDY AREA CODES
The Study Area Codes (SACs) set forth in Exhibit "A"
attached hereto shall be considered as one SAC by the School
Board for the purposes of determining racinl ba2ance within
the area included within this Aqreement. �
III. COMPREHENSIVE PLAN GOALS, OBJECT�VES, AND POLICIES
The comprehensive plans of the Local Governments may contain
the followinq qoals, objectives, and policies in furtherance
of this plan providinq a wide ranqe of affordable housinq
alternatives, encouraqing business and industry to locate
within the area included within this Aqreement to providad
employment opportunities in close proximity to housinq; and
maintaininq a good balance of income levels for school
inteqration.
In the event one or more of these plans do not contain such
goals, objectives, or policies, the Local Governments aqree
to consider adoption of appropriate amendments following the
adoption of this Agreement.
IV. LOCAL GOVE�NMENT CODES
The Codes of Ordinances of each Local Government may be
revised as necessary and desirable to reflect additional
goals, objectives, and policies. Specific chanqes could
include the following:
(1) encouraging, to the extent permitted by law, developers
of all new residential developments to .enter into a
voluntary Developer's Agreement with the appropriate
Local Government wherein the developer agrees to.
utilize its best efforts to achieve racial balance as
a condition of development approval;
�(2) utilizinq any new or continuing administrative
development approvals to encouraqe, or to the extent
permitted by law, require as a condition of continued
approval that the developer enter into a voluntary
Developer's Aqreement with the Local Governments; and,
(3j addinq a section to •the Local Government's Codes
providing flexibility in housing size to encouraqe the
provision of affordable housinq in new residential
developments. -
V. Annexations
The Town of Jupiter and the Villaqe of Tequesta will
encourage, and to the extent permitted by law, will require
developers of all new residential developments seekinq
annexation into their respective corporate boundaries as a
condition of development approval to enter into a
Developer's Aqreement with the appropriate municipality,
wherein the developer aqrees to use the best efforts to
provide for a racial balance in the public school population
anticipated to reside in the subject residential
development. The provisions of such a aqreement shall be
substantially similar to those provisions set forth in this
Exhibit "B" that are applicable to a aew residential,
development.
VI. pREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENTS
Al1 previously�approved residential developments remaining
2
under developer control within the area included within this
Aqreement will be encouraged to enter into a Developer's
Agreement with the appropriate Local Government wherein the
developer aqrees to use its best efforts to provide for a
racial balance in the public school population residing or
an�icipated to reside in the subject residential
development. The provisions of such an agreement shall be
substantially similar to those provisions set forth in this
Exhibit "B" that are applicable to a previously approved
development.
Previously approved residential developments remaining under
developer control that have not executed a Developer's
Agreement with the appropriate Local Government and that
adversely impact the racial balance set forth in the
Interlocal Agreement may be subject to the busing provisions
of Board Policy 1.045.
VII. COPIES OF DEVELOPER'S AGREEMENTS.
The Local Governments will provide the Board with copies of
all Developer's Aqreements entered into by any of the Local
Governments with residential developers.
If any developer enters into a voluntary Developer's
. Agreement with any of the Local Governments to provide for
racial balance in the public school population in a subject
development, and fails to perform in good faith pursuant to
that Developer's Aqreement, then that development shall be
subject to the busing provision of Board Policy 1.045.
VIII. ADULT �ESIDENTIAL COMMUNITIES
Adult communities, defined as those residential comaiunities
or developments that conform to Federal criteria and
quidelines for and qualify as "Adults Only" communitie�,
shall be exempt from the provisions of this Interlocal
Aqreement. The Board shall certify to the Local Governments
that such communities do not impact on the Local
Governments' SACs, or on the racial balance of the public
school population in the area included within this
Aqreement.
IX. NORTH COUNTY EDUCATION COMMITTEE
The Local Goveznments will establish the "North County
Education Committee" (hereinafter the "COI�IITTEE) to assist
in the implementation of this plan. The COrIIrIITTEE is to be
appointed by the Local Governments as follows:
. (1) two (2) members appointed by the Board of County
Commissioners;
3
(2) two (2) members appointed by the Jupiter Town Council;
(3) two (2) members appointed by the Tequesta Village
Council;
(4) one (1) member appointed by the Jupiter-Tequesta-Juno
Beach Chamber of Commerce;
(5) one (1) member appointed by the Jupiter-Tequesta-Juno
Beach Board of Realtors; and
(b) one member appointed as a representative of the Parent-
Teacher Organizations from the area's schools.
The CONIIKITTEE may establish such other subcommittees or task
forces as may be necessary to assist in the completion of
its responsibilities. The general responsibilities of the
COA�IlrIITTEE are indicated below. �
(1) Marketing. Establish and implement a strategy to
disseminate information regarding residential housing
within the area covered by this aqreement. Ideas for
consideration would include:
(a) notification of housing opportunities to major
area employers (including far example, Florida
Power and Light, Pratt & Whitney, Palm Beach
County School Board, South Florida Water
Management District, Marquette Electronics,
and U.S. Sugar);
(b) advertisinq for housing and lifestyle in
publications appropriate for younq families
with children; and
(c) coordination with local civic orqanizations
for "selling" the Northern Palm Beach County
area such as the Chamber of Commerce of the
Palm Beaches and the Business Development
Board of Palm Beach County.
(2) Financinq. Assist in the establishment of proqrams
which will encouraqe residential developers to provide
�qualified home buyers with assistance in obtaining
financing, including payinq for loan closinq costs,
loan oriqination fees, interest rate buy-down, or
reduced down payments.
(3) Future Maintenance and Enhancement. The Local
Governments, with the assistance of the Committee,�
havinq met and complied with Beard Policy 1.045, seek
to remain in compliance with this Policy. In order to
4
maintain and enhance the racial balance of the
community, the Local Governments and the Committee will
°" undertake the following other maintenaace and
enhancement actions:
(a) encourage the expansion and development of
light industrial areas to provide a wide range
and mix of local jobs;
(b) investigate the pos�ibility of an areawide
inner-city bus route to allow residents to
live in the area included within this
agreement without the need fo= personal
transportation;
(c) cooperate with the local Transit Authority to
� establish and expand bus service to
connections to Tri-Rail and other appropriate
areas of employment and residential
opportunities;
(d) survey the current minority population to
learn why they chose to live in the area
included within this agreement and then expand
upon the positive results of the survey;
(e) develop a package which demonstrates community
services available for new residents,
includinq government services, health care,
churches, shopping, child care, summer
proqrams, and other youth activities to be
� utilized in marketing;
(f) communicate frequently with the Board throuqh
the establishment of a joint BOARD/LOCAL
GpVERNMENT/CDIrIIKITTEE working qroup to address
� such topics as quality of education, local
school .support, local education issues, new
school planning and enhancement of racial
balance, maintenance and improvement of
existinq educational facilities within the
area included within this aqreement, possible
creation of a mathematics/science maqnet
school (or other appropriate maqnet proqram)
at Jnpiter Hiqh School, and cur=iculum
improvements at all area schools. - �
Additionally, members of the COI�IITTEE and other residents
will continue to participate in and encouraqe the Project
Mosaic process.
aqrM.l ,
5
i�
-. � RF:��.:.Ui:'V `!U. % '�; '�:
I
� A RESOLUTION OF 1'f!E VILLACE COUNCIL
, � VILLAGF. OF TEQUEST71, PALM BEACH COUNTY �p TtiE
I ACCF.PTfNC AND APQRnV1NC AN INTF.RLO('AI.�ACRpgMF,NT
UETWEF;N TFiE VILLRCE OF TSQUESTA,
f JUPITER, 111VD T}IE DOARD OF COUNTY COMMI�IONERS
, OP PAi.M BEACH COlJNTY WITH THE SCHOOL BOARD OF
I pALP4 SEACII COUNTY REGARDZNC THE ASSZGNMENT OF
STUDENTS RES2DING WITHIN THE VILLACE OF
TE�UESTA. , .
WHEREAS, the Village Council of the Viilage �f Tc:,u�sta
C��:y1:G33 to cooper3te :�i�h �;e Schooi Hc:,:d of Paln pe��;
I County and the Town of Jupiter and the Board of County
Commissioners of Palm 9each Count! regarding t*e as;ignnent
of stude�t:, residing �rithin the Village of Teq:sesta to local
schools; and
I
I I 41IiF.REAS, the Villago Ccur.cil of tho Village of Tequesta
.� affirms its commitment to effectuating act�ons res�lt±^g i�
natural co. racial integration caithin the areas
I incivded within this Agreement, and to maintain and enhance a
racially balanced public school population in the study area
cod�s (SACs) idantified within this Agreenent; and
�� WHcREAS, the Vfilage Courcil of the Viliage of Tequesta, yn
cooperation with the Tcxn of Juniter and the Palm 3e �
� Cc�nty 9eard of Count;� C�.. and the Sc!;ooi Eoard
I ` Palm eeach County, desires to assure assi3nment of siuden;.s
residing within its cor�orate limits to attend tne r.�arest
available school; and
i ,
� ' �4uests tha Palmag8eachun^ount-�f Schoolvi8oard tofauthoriae
9 questa
� bounda: - y exemptions to allow students residing aithin t:e
� Vfliage 13mits to attend the nearest available school; and
� WHEREAS, the Schcol Boar3 a�d the Villa e of T
� to memorialize the ter-:s _'or the� :e�uestedStboundary
1I � exe:nptions to ansure co�pliarce kiti and for administraticn
of these terms; and
WHEREAS, this Sntericcal Agreement is made in fur:herance of
the stated goais, objectives arid policies of the
Comprehensive Plan adopted by the Viliage of Tequesta
pursuant to Chapter 163, Florida Statutes, and the '
Constitutional and Statutory Pewers of the School Board and
• the Village of Teque:,ta.
NOI1, THEREFORE, SE IT RESpyyED gy Tpg p=yygGE COONCIL OF THE
VILLAGE OF TEQUESTA, PBLM BF�CH CpiJNTy� gyORIDB, as follows: .
� Section 1. �he Viliage of Tequesta hereby ��c�pts and ;
approves the Iaterlocal Agreement Reiating to Student
Assig:unent of the Tequesta student po�ulation as identif?ed
� in Ex.*.?bit "A" attache� h�:eto a�d made a part of tn:s
Resolution.
� Section 2. The Viliage Manager ts hereby authorized to
+� eaecute the Zaterlocal Agreement for and on behaif of the
Viilage of Tequesta, to which the Viliage C1Erk sha21 attest '
. � an3 affix the Village Seal.
. �I Section 3_ The Villa e y
things neces� a r y t o c a r g anager is d3rected to do all
• Resolution. � I' ° U t � h c purposes a►:d intent of this
� Section 4. The Village Clerk is direr�-ed to forward a
� certified — copy of this Resolution.to the �Po:•�r. of Jupiter; the ,
Board of County Commissioners of Pal� Hea._r, County and the �
!� School Doard p� palm Bcach Cour.ty.
'� Section_ 5_ This Resoluticn st,ail {gkr ��p
up��n i t. a�i.�pf ion. f--ct immPdia�ely
n
tf
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�� T!!E FORECOING NESC:LUTION WAS
� Councilmambcr ,•�: � :,, ,,� OFfiERED b f
I ��Juptivn. ;h ' ^' , who r�ov�d it�
Councilmember ���r�� � was secondod b�
put to a vote, the vote was a� fol icws: ' •�nd upot� �,�,in3
FOR ADOPTION AGAINST AD OPTION
,_1��;�"h �. Ca„r^tt,� ----- .
. f',l�ard C. ifu -- ----
Ron T. titacka 1 �
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rz_•I L. C`�ilin�s
� ! The Mayor thereupon decZared the 12esolution duly passad and
adogted this 3��th day of January, A.D., 1992.
i MAYOR OF TEQUESTA
,
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I �.,� � � �
I /' / J� h N. Capre,.ta
I v
I ATTEST:
�
�
I _ � ` /'
� a�qani �o
Village C1erk
� �
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