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HomeMy WebLinkAboutOrdinance_562_09/27/2001ORDINANCE 562 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF SAID VILLAGE AN AMENDED VILLAGE CHARTER IN THE MANNER AND FORM ATTACHED HERETO; SAID AMENDED CHARTER PROVIDING BY TITLE FOR THE FOLLOWING: ARTICLE I INCORPORATION; SECTION 1.01 INCORPORATION; SECTION 1.02 FORM OF GOVERNMENT; ARTICLE II THE VILLAGE COUNCIL; SECTION 2.01 SELECTION TERM AND COMPENSATION; SECTION 2.02 QUALIFICATIONS AND DISQUALIFICATIONS; SECTION 2.03 OATH OF OFFICE; SECTION 2.04 REMOVAL/RECALL; SECTION 2.05 VACANCIES; SECTION 2.06 MAYOR AND SUCCESSORS; SECTION 2.07 MEETINGS; SECTION 2.08 QUORUM; SECTION 2.09 ORDINANCES AND RESOLUTIONS; SECTION 2.10 ELECTORS AND ELECTIONS; SECTION 2.11 INTERFERENCE WITH THE ADMINISTRATIVE DEPARTMENT; ARTICLE III VILLAGE ADMINISTRATION DEFINED; SECTION 3.02 THE VILLAGE MANAGER- APPOINTMENT, REMOVAL, QUALIFICATIONS, VACANCY; SECTION 3.03 VILLAGE MANAGER-FUNCTIONS AND • POWERS; SECTION 3.04 THE VILLAGE CLERK; SECTION 3.05 DEPARTMENT HEADS; ARTICLE IV MUNICIPAL POWERS; SECTION 4.01 GENERAL POWERS; SECTION 4.02 ANNEXATION OF CONTIGUOUS TERRITORY; ARTICLE V TAXATION; SECTION 5.01 POWERS OF VII.LAGE COUNCIL; SECTION 5.02 LIMITATIONS; SECTION 5.03. TAX ASSESSMENT, LEVY AND COLLECTION; ARTICLE VI INITIATIVE AND REFERENDUM; SECTION 6.01 POWER OF INITIATIVE; SECTION 6.02 POWER OF REFERENDUM; SECTION 6.03 FORM OF PETITIONS; SECTION 6.04 FILING, EXAMINATION AND CERTIFICATION OF PETITIONS; SECTION 6.05 AMENDMENT OF PETITIONS; SECTION 6.06 EFFECT OF CERTIFICATION OF REFERENDUM PETITION; SECTION 6.07 CONSIDERATION BY VILLAGE COUNCIL; SECTION 6.08 SUBMISSION TO ELECTORS; SECTION 6.09 FORM OF BALLOT FOR INITIATED AND REFERRED ORDINANCES; SECTION 6.10 AVAILABILITY OF LIST OF QUALIFIED ELECTORS; SECTION 6.11 RESULT OF ELECTIONS; SECTION 6.12 REPEALING ORDINANCES, POSTING; ARTICLE VII MISCELLANEOUS PROVISIONS; SECTION 7.01 CONSTITUTIONALITY; SECTION 7.02 PUBLIC MEETINGS; SECTION 7.03 CONFLICT OF INTEREST; . I I SECTION 7.04 EFFECT OF THIS CHARTER; PROVIDING AN • • EFFECTIVE DATE SHOULD THE AMENDED CHARTER BE APPROVED AT SUCH REFERENDUM ELECTION; PROVIDING A SEVERABILITY CLAUSE; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH REFERENDUM ELECTION; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. There shall be submitted to the electors of the Village of Tequesta, Palm Beach County, Florida (hereinafter referred to as "Village") at the Special Election to be held within the Village on the 4th day of December, 2001, an amended Village Charter in the form and manner attached hereto as if fully incorporated herein. (Amendments to the current Charter are designated by strikeouts and underlinings.) Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Form of the Question. At the election provided for in Section 1 of this Ordinance, the question to be voted on by the electorate shall be phrased substantially as follows, unless otherwise directed by the Village Council, to-wit: SHALL THE VILLAGE OF TEQUESTA AMEND ITS CHARTER EFFECTIVE 12:01 A.M. ON THE 5TH DAY OF DECEMBER, 2001, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID PROPOSED NEW CHARTER AS SET FORTH IN ORDINANCE NO. 562, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON THE 27TH DAY OF SEPTEMBER. THE AFOREMENTIONED ORDINANCE IS TITLED: ORDINANCE NO. 562 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF SAID VILLAGE AN AMENDED VILLAGE CHARTER IN THE MANNER AND FORM ATTACHED HERETO; SAID AMENDED CHARTER PROVIDING BY TITLE FOR THE FOLLOWING: ARTICLE 1 INCORPORATION: FORM OF GOVERNMENT; • n U SECTION 1.01 INCORPORATION; SECTION 1.02 FORM OF GOVERNMENT; ARTICLE II THE VILLAGE COUNCIL; SECTION 2.01 SELECTION, TERM AND COMPENSATION; SECTION 2.02 QUALIFICATIONS AND DISQUALIFICATIONS; SECTION 2.03 OATH OF OFFICE; SECTION 2.04 REMOVAL/RECALL; SECTION 2.05 VACANCIES; SECTION 2.06 MAYOR AND SUCCESSORS; SECTION 2.07 MEETINGS; SECTION 2.08 QUORUM; SECTION 2.09 ORDINANCES AND RESOLUTIONS; SECTION 2.10 ELECTORS AND ELECTIONS; SECTION 2.11 INTERFERENCE WITH THE ADMINISTRATIVE DEPARTMENT; ARTICLE III VILLAGE ADMINISTRATION; SECTION 3.01 VILLAGE ADMINISTRATION DEFINED; SECTION 3.02 THE VILLAGE MANAGER -APPOINTMENT, REMOVAL, QUALIFICATIONS, VACANCY; SECTION 3.03 VILLAGE MANAGER -FUNCTION AND POWERS; SECTION 3.04 THE VILLAGE CLERK; SECTION 3.05 DEPARTMENT HEADS; ARTICLE IV MUNICIPAL POWERS; SECTION 4.01 GENERAL POWERS; SECTION 4.02 ANNEXATION OF CONTIGUOUS TERRITORY; ARTICLE V TAXATION; SECTION 5.01 POWERS OF VILLAGE COUNCIL; SECTION 5.02 LIMITATIONS; SECTION 5.03 TAX ASSESSMENT, LEVY AND COLLECTION; ARTICLE VI INITIATIVE AND REFERENDUM; SECTION 6.01 POWER OF INITIATIVE; SECTION 6.02 POWER OF REFERENDUM; SECTION 6.03 FORM OF PETITIONS; SECTION 6.04 FILING, EXANIINATION AND CERTIFICATION OF PETITIONS; SECTION 6.05 AMENDMENT OF PETITIONS; SECTION 6.06 EFFECT OF CERTIFICATION OF REFERENDUM PETITION; SECTION 6.07 CONSIDERATION BY VILLAGE COUNCIL; SECTION 6.08 SUBMISSION TO ELECTORS; SECTION 6.09 FORM OF BALLOT FOR INITIATED AND REFERRED ORDINANCES; SECTION 6.10 AVAILABILITY OF LIST OF QUALIFIED ELECTORS; SECTION 6.11 RESULT OF ELECTIONS; SECTION 6.12 REPEALING ORDINANCES, POSTING; ARTICLE VII MISCELLANEOUS PROVISIONS; SECTION 7.01 CONSTITUTIONALITY; SECTION 7.02 PUBLIC MEETINGS; SECTION 7.03 CONFLICT OF INTEREST; SECTION 7.04 EFFECT OF THIS CHARTER; PROVIDING AN EFFECTIVE DATE SHOULD THE AMENDED CHARTER BE APPROVED AT SUCH REFERENDUM ELECTION; PROVIDING A SEVERABILITY CLAUSE; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH REFERENDUM ELECTION; AND FOR OTHER PURPOSES. Section 4. Effective Date. The amended Charter set forth in Section 1 hereof shall become effective • as of 12:01 a. m. on the 5~' day of December, 2001, if at the election above provided the question to be voted upon, as hereinabove stated, receives an affirmative vote of a majority of the votes cast at said election. Section 5. Municipal Home Rule Power Act. This Ordinance is enacted pursuant to the provisions of the "Municipal Home Rule Powers Act" (Section 166.031, Florida Statutes, 1997). THE FOREGOING ORDINANCE was offered by Councilmember von Frank, who moved its adoption. The Ordinance was seconded by Vice Mayor Capretta, and upon being put to a vote, the vote was as follows. FOR ADOPTION AGAINST ADOPTION Mayor Geraldine A. Genco Vice Mayor Joseph N. Capretta Councilmember Sharon D. Walker Councilmember Russell J. von Frank Councilmember Basil E. Dalack • The Mayor thereupon declared the Ordinance duly passed and adopted this 27~' day of September, 2001. ATTEST: Mary Wol~~tt, Village Clerk MAYOR OF TEQUESTA V Geraldine A.~eniv F SEAL ~. INCORPORATED :~ • ~he following general changes were made throughout the Charter to improve ~adability and clarity with respect to gender as well as avoid becoming outdate ':a changes in referenced ordinances or Florida law: 1. The current description of territorial limits was may Charter and appended as Appendix A. 2. The Charter was made gender neutral throughout 3. References to specific Village Ordinances and Flc ARTICLE I. INCORPORATION: FORM OF GOVERNMENT Section 1.01. Incorporation. The municipality hereby established shall be known as the Village of Tequesta, Florida=and-then The territorial limits of said municipality are defined in Anoendix 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 Charter, all powers of the Village shall be vested in an elective Council, hereinafter referred to as " ~ Village Council", which shall enact local legislation, adopt budgets, determine policies, and appoint ~ illaae Manager as hereinafter prescribed. Except as limited in this cla~artef Charter, the Village Manager shall execute the laws and administer the government of the Village. All powers of the Village shall be exercised in the manner provided by this shafteF C rte , or if the manner be not provided then in such manner as may be set forth by ordinance. REASON: To be consistent with Section 3.02 and to clarify and be specific that the Village Council appoints the Village Manager in this Council-Manager form of government. ARTICLE II. THE Village Council Section 2.01. Selection, Term and Compensation. The Village Council of the Village of Tequesta shall consist of five (5) members who shall be elected at large to Seats 1, 2, 3, 4 and 5. The Seunc+lmer~ 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 Gem Councilmember shall commence er~at the next seaas+t Council meeting subsequent to the date of #a+s the Councilmember's election and shall continue for two (2) years thereafter and and/or until k~+s ~e Councilmember's successor is elected and qualified. Each Village C~neil~ar- Councilmember shall be entitled to an annual salary to be fixed by ordinance; provided, however, kie a Councilmember shall not be entitled to any increase in salary adopted during the term for which I'ie 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 e#iserselection officials holding the previous election.~le • ~ , To compensate for the fact that a winner of a runoff election may not serve a fu years (to the day) before the term of office begins for a successor elected o~~ second Tuesday of March. 2. Notice should be given of a runoff electie 3. The term of office of a Councilmember elected in a runoff electior commence at the next Council meeting subsequent to the runoff election Section 2.02. Qualifications and Disqualifications. No person shall be eligible to any elective office of the Village unless he sai on 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. • 2 • Any candidate seeking election as 6e~ 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 I^-e said fan , idate seeks to be elected, l~+s the candidate's place of residence, l~ the candidate's age and any other data required bylaw. , ~-2~-~-~,~~d-A1~-~~7, ~ ~, 1'x_1'2"-°°`T REASON: A notary public and the U.S. government positions deleted are considered as public offices in the Village. 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." in..~. ~i.., "t5~, ~ ~~ ~_~ ~ , • Section 2.04. Removal/Recall. nv or all members of the Village Council may be removed or recalled from o ice in accordance with procedures established by Florida law. REASON: Florida law only provides for removal of an elected Councilmember by the Governor, the Ethics Commission or the electors through recall. There is no provision for removal of a Councilmember by the other members of the r,,, ,.,,.~ i Section 2.05. Vacancies. REASON 1. To insure that a vacancy on the Village time after such vacancy occurs to limi members and no tie breaker. the vacancy is to be temporary (less than three months) or wit regularly scheduled election. Section 2.06. Mayor and Successors. The Village Council at its first regular meeting subsequent to the date of the annual election of Village ~eoas+4meR 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 of • ~ ~ ~ ~ .Said officers shall serve at the pleasure of the Council for one 1~ year aad 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. as aouroved by vote of the Village Council. unless otherwise provided hereby or by ordinance; but ~ ~ shall have no administrative duties. The Vice-Mayor shall act as Mayor during the absence or disability of the Mayor. , ~_~' •1 _74 • P1rr1• AI~• 7rr. R Z 7_9R_77\ f s f REASC Editor 2. To provide for the eventuality that a s~ year" rather than "one year" certain. he statement "as approved by vote of the Village Council" is more apl • 5 • A1.. 9~~ A A 7_7C_77\ • f ~ :ASC • Tax Assessor, Tax Collector and Treasurer positions were eliminated from tl Charter by ordinance in 1 ~88. illage advisors such as the Engineer and Attorney are retained by the Village as ie business of the Village requires. They are not staff employees of the Village nd should not be given permanency in the Charter. he Village Council has n{~ apparent reason to appoint the Village Manager for a arm of one year each March since the Village Manager already serves at the leasure of the Council who can remove him at any time in accordance with the rovisions of this Charter. (The National Civic League Guide for Charter commissions states that additional procedures such as (annual) confirmation of ppointment is almost bound to reduce the chances for satisfactory operation of the overnment.) The operative elements of this Section have been considered and centralized as additions to applicable Sections of Article III, Village Administration. • 6 • • REASON: The Board was advised that Village Staff members handling money are automatically bonded. Therefore, this level of detail is not required in the ;Section 2.07. Meetings. The Village Council hc~weve~+t shall determine the time and Ala. however, it shall meet at least once per month. Special meetings shall be held when called by the Mayor er--. Manager. or 'ndeuendently by any two ~ members of the Village Council. The amount of notice for special meetings shall be determined by the Village Council by ordinance. REASON: Brevity and accuracy. 1. The supervisor of elections is the Judge of Section ~8: 2.08. Quorum. A majority of the members of the Council shall constitute a Qt~er~ to do business, but no action shall be taken except to adjourn, when only three ~ members are present unless their votes are unanimous; provided, however, in the event of a vacancy of two ~ members of the Village Council, under the provisions of Section 2.05, then and in that event a majority of the remaining members of the Council may act. A majority of those present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance. No member shall be excused from voting except as determined by Florida Law 7 • ..~e language in the sentence deleted is no longer applicable and offic ;nduct is covered by Florida law which says that one can only excu ~eself from voting when a matter inures to one's special or private Bair .Section 2.09. Ordinances and Resolutions. The adoption of ordinances and resolutions shall be as prescribed by Florida !~ REASON: Brevity and clari Sestiea~-'I-~ erection 2.10. Electors and Elections. REASON: Brevity and clarit S°^*~^^ '.'' ~ 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 ennplovee hem-t1aeAAaaageF .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 8 • 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. ARTICLE III. VILLAGE ~I`I~€RS ADMINISTRATION REASON: The term "Village Administration" is a more appropriate title than "Village Officers" and avoids possible confusion and/or controversy over appointment and chain of authority that could. occur if the term "Officers" is used. ~ Section 3.01. Villaae Administration Defined. illaae administration shall include a Villaae Manager. a Villaae Clerk and such other department heads as may be provided for by this Charter. Florida law or by vote of the Villaae Council. REASON: Clarity. Section 3.02. The Village Manager--Appointment, Removal, Qualifications, Si-sabilft~ 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 er~~a shall be chosen by the Council solely on the basis of his or administrative and executive qualifications._T~~Rage-",~4a~aga~aeed-not-b~aTesT~'~,~-tk~e~Fi~ ° °++ti°+;.~,°°f ti; ManageF . ~ 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. ~k#-If~S+ +~ m -va FS e#9Fe-S~ ~nh rc rtcri alb°" F, vn ° ° + ff t h° ~A.,n.,n°r c 4,.11 i rzrr y j ~ki ac~rr r ~ . e e6 ri ., ., i ~ r • 9 A vacancv in the oosition of Village Manager by death. resignation or otherwise shall be filled by either temporary or aermanent anointment by the Village Council at a regular or special Council meeting within thirty (30) days of the creation of the vacancy. REASON To clearly document that the Village Manager is appointed by and can be removed by the Village Council. 2. The Village Manager is not an elected official, he is a paid employee of the Village. As long as the Manager is at his place of duty when required and successfully performs all assigned duties and responsibilities, there is no apparent reason for the Charter to require that the Manager be burdened with the expense of establishing and maintaining a residence in the Village of Tequesta for the duration of employment, especially when duration is an unknown. 3. The last paragraph in this section is too detailed for the Charter. Specific provision for removal of the Village Manager should be contained in the Manager's employment contract. Provision for filling a vacancy in the position of Village Manager is addressed in a • ~~:eparate paragraph in this section. S 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 ~ t e Village Manager's jurisdiction. I~+s 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 V~~ a 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. • 10 • (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 detaifed report of at4-f~+s t e Village Manager's actions during the preceding month in a form as directed by vote of the Village Council. REASON: The report requirement was considered too ambiguous and was changed to permit the Council to have the flexibility to direct the format desired. (5) To recommend to the Council for adoption such measures as tae a Vi la 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. 4h~ \/ill~+ne \/ill~no omnlr+veoc cF+~ll ho .~nnnin4erd ~ ~nnn mcri~ ~nrl fi4nocc atera~ REASON: Powers 6 and 7 were combined as 6 to permit the Village Manager's powers of appointment, removal and delegation of authority with regard to Department Heads and employees to be consolidated and centralized in one paragraph. ~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. REASON: New responsibility 7 was incorporated to document this important leadership function of the Village Manager to serve as the "crisis manager" of the 11 Village during any and all periods of emergency when ever such emergency may occur. (8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve all veasf3ers purchase orders for the payment of same. In the capacity of purchasing agent Ise 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 ~ a I e by ordinance, and provided, further, afse~-that such contracts shall be pre- sented to the Village Council at the next regular meeting after the execution or awarding thereof for action thereon by the Village Council. (~~-PIs:~G6~ ~8-~ REASON: The limit of $5,000.00 was too specific and provided no flexibility to adjust ~"P amount without a Charter change. The Board considered that the :~uncil would have more flexibility if the obligation limit was authorized by • dinance. (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:A3 ~. 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 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 kept for that purpose, the Ordinance Book and Resolution Book to be deemed public records. Copies from said Minute Books 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. • 12 • 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 13y-#i~ 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 v the Vitlaae Manager. , REASON: 1. To clearly document that the Village Clerk will be appointed, supervised and directed b the Village Manager, as is appropriate in our Council-Manager form of government. 2. Appointment by the Village council was deleted to remove politicizing of this appointment, avoid potential confusion on the part of the appointee as to who he/she is directly responsible to in the performance of assigned duties, improve the village clerk's efficiency and productivity and demonstrate the council's trust and confidence in the Village Manger as the chief executor and administrator of the Village. 3. To modify the clerk's resoonsik 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 se~el d'~rectior~ by the Village Manager, but shall be directly supervised and seR#etted directed by the person in charge thereof, who shall have the title appropriate of the functions of his o er department. To clearly document that all Village Department Heads will be appointed supervised and directed by the Village Manager, as is appropriate in our Council Manager form of government. 13 • Approval of these appointments by the Village Council was deleted to remove politicizing of these appointments, avoid potential confusion on the part of the appointees as to who they are directly responsible to in the performance of their assigned duties, improve the efficiency and productivity of Village Staff operations and demonstrate the Council's trust and confidence in the Village Manager as the chief executor and administrator of the Village. ARTICLE IV. MUNICIPAL POWERS 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 #~~-a-V+I-IaE,}e-te have under the Florida Constitution and under t~-~ws-~ Florida I~w, 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. rlcner~rlon4 i ~r.nn ~ nonorol c4~4o re voni ~o In~~i 0 r fwcc nr nlher ~nnrnnri~4cr7 rovcn~ ~e in env nno ~io.nr ......vv v. va. w. uN'.r~ vr~ wav~a ~ v rvT 0 r • 14 • > , ~o~,~..o ~~ Tti-~'~ag~#ala k~"'e~e~-e# °~; ^TCtiY m o i r~ / (1 rvrv~~~r ~. f: 'I '~ 7 _?i~`-T~ vi ~~--~d~ , r ~~^~7 • 15 /'~~1_____~aTR~F~tt~ }ham ~n ~~c~ ~nrl 4he ~ sae 4F-~~ e ~ ~ ~ .SSe'}FjF: 0 ' ~ ~ , ~ 7 ~~W:-~FE~:--~~A:-~ dd , ~'- 7 7 \ rT7 • 16 • , ' ' ' ' ~~~v~-~ ~--~z=~-7-a~i ~v--RI~~~,~ f: 1 ) 7_7G :_77~ (lrr~l AID 27~ f: ~ L2 ~ , > > > > > > • ~ e~}e"~-e'Irr~fl~ M`"' Y"""~~-Tr~~~f. ~~°cT"'rvc.rT~~s1~tF~ in ~F~c ~+roc+c_~v.~°c~r"rr°c r > > ~ ~ ~ ~ r r e 7 124 ~ _7 ~ 1 s e f • 17 nr ~ocirlon}~ of c~ir) \/ill~nc Section 4.01 provides and grants all powers possible under Florida law and states "as though they are specifically enumerated in this Charter." For that reason there is no need to specifically enumerate and "fence in" a list of powers that may or may not be all inclusive. 2. The limitations on borrowing money contained within Section 4.02 [powers (3) and (4)] were thoroughly discussed but were not considered appropriate for retention based upon review by an experienced Bond attorney who stated the powers were not needed to maintain fiscal responsibility and that there were already laws in place that effectively limit the ability of the Village to incur debt. Under current taw, the ability of the Village to pledge ad valorem taxes to debt with a term of more than one year is conditioned upon a referendum. Additionally, the marketplace imposes limitations on the Village's ability to borrow money. Furthermore, Section 5.02 • states that the total indebtedness of the Village through general obligation or assessment bonds shall never in the aggregate exceed 10% of the assessed value of real property within the Village at the time the indebtedness(es) are incurred. Section 4.A34~. Annexation of Contiguous Territory. If the Village of Tequesta shall desire to change its territorial limits, either by annexation or contractions it shall do so in the manner prescribed by , Florida law. ~n~.~ ~~„ ~~~ ~ ~ ~ ~_~~_~~~ '-'-r-~='~7 • 18 • ection 5.01 covered by the Florida Constitution and Village ordinance is not ~nsidered needed in the Charter. Therefore there is no need to retain an rticle entitled "Judiciary" in the Charter. (original Article VI is renumbered new Article V. ) Sesl:ie~1- 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. ~n~-":o. ~5~, ~ ~ ~ ~-2~-?~ (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. • 19 • (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, elec- tricity or other utility service. (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 ~ ~. Tax Assessment; Levy and Collection. The method of assessing taxes; levy and collection shall be as prescribed +~#~e Statutes-tea; as~endec+ from ti; `,o +by Florida law. A°T'^' ~ `~" ARTICLE VI. INITIATIVE AND REFERENDUM 20 • Section ~A~- 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.{Ofd-Ale- Section ~ 6,~. Power of Referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the Village Council, extent an ordinance appropriating monev or authorizing the lew 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 ~~•~°+~•~ ^}[7.GTfCT(24j t 30 days after the enactment by the Village Council of any ordinance which is subject to a referendum, a petition signed by registered voters of the Village equal in number to 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. uch an ordinance shall be termed the "referred ordinance." Sestfep-~03 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(s1 or group attempting to circulate a petition shall resister 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 all 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 r name his ~r hey 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 i~• 21 • ~ personlsl circulating the petitio that he ors ,and he o s 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 orshe believes them to be the genuine signatures of the persons whose names they purport to be. Section X94. 6.04. Filing, Examination and Certification of Petitions. All petition papers shall be assembled and filed with the Village Clerk as one instrument. Within fweaty ~~ 10 business days after a petition is filed, the Village Clerk shall determine whether each paper roux of papers of the petition has a proper statement of the suer a on circulating the petition and whether the petition is signed by a sufficient number of quali- fied electors. The Village Clerk shall declare any pe#+t+ea-paper roue of aauers entirely invalid which does not have attached thereto ae the required affidavit signed by the t~ersons(s1 circulating the petitio . If a petition papeF is found to be signed by more persons than the number of signatures certified by the s+fsu+atef personslsl circulating the petition, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing Ins examination of the petition, the Village Clerk shall i in three 131 davs • certify the result thereof te-in writing to the individual members of the Village Council at ~r^-.~Teg~ ~'~,eeting--'she. If the Village Clerk shall certify that the petition is insufficient kie the Vitlaae Clerk shall set forth in la+s ~ certificate the particulars in which it is defective and shall at once notify the persons circulating the petitions of the findings. Section X85 6.05. Amendment of Petitions. An initiative or referendum petition may be amended at any time within ten ~Q 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, #~e the Village Clerk shall file #i-s ~_ certificate to that effect in ~ the Village Clerk's office and notify the - persons who circulated the petitions of su 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 ~-06 6~C. Effect of Certification of Referendum Petition. i~• 22 • 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 ~:A7 6.07. Consideration by Village Council. Whenever the Village Council receives a ser#i#ied certification of an initiative or referendum petition from the Village Clerk, it shall proceed of-ease within the next thirty X01 davs 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 i ' i tive ordinance not later than sixty days after the date on which such ordinance was ~~ ~hted certified to the Village Council by the Village Clerk; a= ~ referred ordinance shall be reconsidered by the Village Council aad-at the next illaae Council meeting following certification and the Village Council shall within sixty davs make its final vote upon such reconsideration sfe-~er~ 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, or if the Village Council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than sixty days nor more than ~ f ~4~ months from the date the Village Council takes its final vote thereon. The Village Council ~!. if no regular election is to be held within such period, provide for a special election. ~n~~ ~~^ ~ Qo ~ ~, ~ ~~ ~~ ~ Section 7:099.. Form of Ballot for Initiated and Referred Ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions shall be submitted by ballot ~~'°, ~•~h~^" ~h,ll h° The ballot title may be different from the legal title of any such initiated or referred ordinance gad, but the ballot shall be contain a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance~a-papeFbat4et~ shall have belew after the batle#-title concise statement the; following propositions, in the order indicated: "FOR • 23 . THE ORDINANCE" and "AGAINST THE ORDINANCE". . Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, .S S Section 6.10. Availability of List of Qualified Electors. If any organization~r_so 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 er-et~ier-effisial-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 ~ ~. Result of Elections. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon bean 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. REASON: The sections of Article VII (renumbered as Article VI) have been updated and modernized to clarify and refine procedures, update identification and definition of participants in the process, clarify and more clearly define the documents involved and refine and define time frames for accomplishing actions. All changes are designed to improve the understanding and accomplishment of the initiative and referendum processes. eT GTIro~ C y~lll~ rC~=~`n~ 1 DC~1\/ICI~IAIC* • 24 • ~ , REASON: The provisions of Section 8.01 have been incorporated into Section 2.04. Thus, there is no requirement to retain an Article entitled "Recall Provisions" in this Charter. (Original Article IX is renumbered new Article VII. ) ncT~r~ G IY. RTICLE VII. MISCELLANEOUS PROVISIONS Section &-A~ 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 ;~ Z,Q~. 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. Section &A4 ~. Conflict of Interest. No Geeasi-Inaa~ Councilmember shall be employed by the Village until one 1~ year after the expiration of the term for which kie the Councilmember was elected to the Council. The provisions set forth in the State of Florida Code of Ethics for public officers and employees at~n~ter-; ?-~~°~* "' ^f +~° ~~^~~~'^ ~~^+~ ~'~~,-.,~?~, shall govern in all matters relating to conflict of interest or financial disclosure and the effect of same on the • 25 proper discharge of a seunsi~-a~'s Counci{member's duties in the public interest. (A~d: SestieA-9:~A5 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 ate 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. N:WCR\13153-011CHARTER RED 5 WOR&REASONS.WPD April 17, 2002 • r~ 26 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 dF SAID SECTION 25; THENCE SOUTHERLY ALONG THE 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 SECTION 1 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 EASTERLY PARALLEL TO THE NORTH RIGHT OF WAY LINE OF TEQUESTA DRIVE TO THE WEST LINE OF PINE TREE DRIVE; THENCE SOUTHERLY ALONG 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 LINE OF 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 PINES; 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 ,~ Revised: 3/29/00 VILLAGE OF TEQUESTA J LEGAL DESCRIPTION PAGE 2 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 NORTHWESTERLY ALONG 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 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 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 LINE TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF TO THE WEST LINE OF CHAPEL COURT, SECTION,II, AS RECORDED IN PLAT BOOK 47, PAGES 196 AND 197, PALM BEACH COUNTY, FLORIDA PUBLIC • RECORDS; THENCE NORTHERLY ALONG SAID WEST LINE OF CHAPEL COURT SECTION II; THENCE EASTERLY ALONG THE NORTH LINE OF SAID CHAPEL COURT, SECTION II TO THE 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 Ata=ORDINO TO SAID-PLA'h OF-~HAPEl 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 T,HE Revised: 3/29/00 `~ VILLAGE OF TEQUESTA /LEGAL DESCRIPTION PAGE 3 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 TO THE 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 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 SECTION 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 3, 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 OF BL_OC_ K 3, A-DISTANCE ZS~~Ij.~ FEAT 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 120.00 FEET TO SAID 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 PUBLIC RECORDS; THENCE F~ASTERLY Revised: 3/29/00 ~ VILLAGE OF TEQUESTA /LEGAL DESCRIPTION PAGE 4 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 ALONG SAID 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 INTRA~OASTAI;-WA'TERWAYVPESTERZ;~ 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 LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTION 30, TO THE SOUTHEAST CORNER OF SAID SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTION 25 TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE NORTHERLY ALONG SAID WEST LINE OF THE EAST HALF OF • THE SOUTHEAST QUARTER, A DISTANCE OF 220 FEET; THENCE WESTERLY AND ,~ Revised: 3/29/00 VILLAGE OF TEQUESTA /LEGAL DESCRIPTION PAGE 5 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 PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS WITH THE CENTERLINE OF THE NORTH FORK OF THE 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. Revised: 3/29/00