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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_11/08/2007 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 11 /08/07 Meeting Type: Regular Ordinance #: 622-07/08 Consent Agenda: No Resolution #: N/A Originating Department: Clerk 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 622-07/08, First Reading, Providing for the Submission to the Electors of said Village an Amended Village Charter 3. BUDGET /FINANCIAL IMPACT: Account #: 001.120.534.304 -Election Amount of this item: Included in General Municipal Election 001.120.534.302 -Advertising Costs Current Budgeted Amount Available: Amount Remaining after item: Included in General Municipal Election Costs N/A Budget Transfer Required: No Appropriate Fund Balance: Yes 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) During the June 14, 2007 Council Meeting, Council authorized the formation of a Charter Review Board to review and present proposed changes to Council. The proposed Charter was presented to Council by the Committee during the October 11, 2007; at which time, Council requested a Charter Review Workshop. The Workshop is scheduled for Wednesday, November 7, 2007 at 3:00 p.m. Attached for your review is the redlined Charter and the Ordinance as proposed by the Charter Review Committee. Updates to the Ordinance will be made following the Workshop. The Ordinance requires two readings with advertising in between first and second readings. After approval on second reading, should the changes require a referendum, it will be presented to the Supervisor of Elections Office for the March 11, 2008 Election. 5. AF'PKUVALS: Dept. Head: ~ ~.(. m,p,U ~Ca`--- Finance Director: Attorney: (for legal sufficiency) Yes ~ No ^ Village Manager: SUBMIT FOR COUNCIL DISCUSSION: ^ APPROVE ITEM: ^ DENY ITEM: ^ MEMORANDUM Village of Tequesta Clerk's Office TO: Mr. Michael R. Couzzo, Jr., Village Manager Honorable Mayor and Village Council Members FROM: Lori McWilliams, Village Clerk DATE: November 2, 2007 SUBJECT: Charter Ordinance During the June 14, 2007 Council Meeting, Council authorized the formation of a Charter Review Board to review and present proposed changes to Council. The proposed Charter was presented to Council by the Committee during the October 11, 2007; at which time, Council requested a Charter Review Workshop. The Workshop is scheduled for Wednesday, November 7, 2007 at 3:00 p.m. Attached for your review is the redlined Charter and the Ordinance as proposed by the Charter Review Committee. Updates to the Ordinance will be made following the Workshop. The Ordinance requires two readings with advertising in between first and second readings. After approval on second reading, should the changes require a referendum, it will be presented to the Supervisor of Elections Office for the March 11, 2008 Election. ORDINANCE 622-07/08 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; FORM OF GOVERNMENT -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 AND FORFEITURE OF OFFICE; SECTION 2.06 - MAYOR AND SUCCESSORS; SECTION 2.07 - APPOINTMENT OF LEGAL COUNSEL AND AUDITOR; SECTION 2.08 -MEETINGS; SECTION 2.09 - QUORUM; SECTION 2.10 - ORDINANCES AND RESOLUTIONS; SECTION 2.11 -ELECTORS AND ELECTIONS; SECTION 2.12 - 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 - FUNCTIONS AND POWERS; SECTION 3.04 -THE VILLAGE CLERK; SECTION 3.05 -DEPARTMENTS 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, EXAMINATION AND CERTIFICATION OF PETITIONS; SECTION 6.05 -AMENDMENT OF PETITIONS; SECTION 6.06 -EFFECT OF CERTIFICATION SECTION 6.07 -CONSIDERATION BY VILLAGE COUNCIL; SECTION 6.08 - Ordinance 622-07/08 Charter Amendments 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 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 (herein after referred to as "Village") at the annual Municipal Election to be held within the Village on the 11th day of March, 2008, 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 underlining's) 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 12T" DAY OF MARCH, 2008, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID PROPOSED NEW CHARTER AS SET FORTH IN ORDINANCE 622-07/08, PASSED AND ADOPTED BY THE P~nra 7 Ordinance 622-07/08 Charter Amendments VILLAGE COUNCIL ON THE 13T" OF DECEMBER, 2007. THE AFORESAID MENTIONED ORDINANCE IS TITLED: ORDINANCE 622-07/08 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; FORM OF GOVERNMENT -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 AND FORFEITURE OF OFFICE; SECTION 2.06 - MAYOR AND SUCCESSORS; SECTION 2.07 - APPOINTMENT OF LEGAL COUNSEL AND AUDITOR; SECTION 2.08 -MEETINGS; SECTION 2.09 - QUORUM; SECTION 2.10 - ORDINANCES AND RESOLUTIONS; SECTION 2.11 -ELECTORS AND ELECTIONS; SECTION 2.12 - 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 - FUNCTIONS AND POWERS; SECTION 3.04 -THE VILLAGE CLERK; SECTION 3.05 -DEPARTMENTS 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, EXAMINATION AND CERTIFICATION OF PETITIONS; SECTION 6.05 -AMENDMENT OF PETITIONS; SECTION 6.06 -EFFECT OF CERTIFICATION SECTION 6.07 -CONSIDERATION BY VILLAGE COUNCIL; SECTION 6.08 - P~no R Ordinance 622-07/08 Charter Amendments 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 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 12th day of March, 2008, if at the election above provided the question to be voted upon, as herein above 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 166.011, Florida Statutes and Section 166.031, Florida Statutes). P~no d Ordinance 622-07/08 Charter Amendments Upon First Reading this day of _ Ordinance was offered by adoption. The motion was seconded by _ being put to a vote, the vote was as follows: For Adoption Mayor Jim Humpage Vice-Mayor Pat Watkins Council Member Dan Amero Council Member Tom Paterno Council Member Calvin Turnquest Upon Second Reading this day of foregoing Ordinance was offered by its adoption. The motion was seconded by - upon being put to a vote, the vote was as follows: 2007, the who moved ,and For Adoption Against Adoption Mayor Jim Humpage Vice-Mayor Pat Watkins Council Member Dan Amero Council Member Tom Paterno Council Member Calvin Turnquest The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2007. MAYOR OF TEQUESTA Jim Humpage ATTEST: Lori McWilliams, CMC Village Clerk 2007, the foregoing who moved its ,and upon Against Adoption p9AA ARTICLE I. INCORPORATION; FORM OF GOVERNMENT Section 1.01. Incorporation. The municipality hereby established shall be known as the Village of Tequesta, Florida. The territorial limits of said municipality are defined in Appendix A attached hereto. Section 1.02. Form of Government. The municipal government provided hereby shall be a Village Council-Manager government. Subject only to the limitations imposed by the constitution and laws of this state and by this Charter, all powers of the Village shall be .vested in an elective Council, hereinafter referred to as the Village Council, which shall enact local legislation, adopt budgets, determine policies, and appoint a Village Manager as hereinafter prescribed. Except as limited in this Charter, the Village Manager shall execute the policies and laws and administer the government of the Village. All powers of the Village shall be exercised in the manner provided by this Charter, or if the manner be not provided then in such manner as may be set forth by ordinance. ARTICLE II. THE VILLAGE COUNCIL Section 2.01. Selection, Term and Compensation. 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 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 #~ir~by Florida law, shall be entitled to vote at such elections. The term of office of each Councilmember shall commence at the next Council meeting subsequent to the date of the Councilmember's election and shall continue for two (2) years thereafter and/or until the Councilmember's successor is elected and qualified. Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance; The candidate for each seat receiving the highest number of votes cast for such office shall be deemed elected to such office regardless of whether or not such candidate shall have received a majority of votes cast. In the event of a tie vote between the candidates receiving the highest number of votes cast for any office, the names of all tied candidates shall be placed on the ballot and shall be voted upon at an ensuing runoff election to be held on the fourth (4th) Tuesday in March. Such election shall be held in the same manner and by the same election officials holding the previous election. Section 2.02. Qualifications and Disqualifications. No person shall be eligible to hold any elective office of the Village unless said person shall be a registered voter and resident of the Village. Any Village Councilmember who ceases to possess these qualifications shall forthwith forfeit his or her office. Any candidate seeking election as Councilmember shall file with the Village Clerk a written notice to such effect from and including noon on the last Tuesday in January to and including noon on the second Tuesday in February in the year of the election, and shall pay such filing fee as set by ordinance. Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta and shall state the seat number to which said candidate seeks to be elected, the candidate's place of residence, the candidate's age and any other data required by law. Section 2.03. Oath of Office. Each Councilmember, before entering upon the discharge of the duties of office, shall take and subscribe the following oath before the Village Manager or presiding officer of the Council, viz: "I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of on which I am about to enter so help me God." Section 2.04. Removal/Recall. Any or all members of the Village Council may be removed or recalled from office in accordance with procedures established by Florida law. c•.,.,, ~.,.., ...~.............. o ~ a nn oa Section 2.05. Vacancies and Forfeiture of Office. A. Vacancies. In the event of a vacancy on the Village Council because of death, resignation, removal from or forfeiture of office, and the period of vacancy is to be more than six (6) months, the Village Council shall provide for a special election to fill the vacancy until the expiration of the term. If the period of vacancy is to be for a period of less than six (6) months but more than three (3) months, then the Village Council may appoint a substitute to fill the vacancy until the expiration of the term. If the period of vacancy is to be for a period of less than three (3) months, no appointment shall be made and the position shall remain open until the expiration of the term. The criteria for selection of substitute Councilmembers pursuant to the terms of this provision shall be established by ordinance. B. Forfeiture of Office. A Councilmember shall forfeit his/her office if he/she' 1. lacks, at anv time during the term of office any qualifications for the office prescribed by this charter or by law; or 2. is convicted of a felony during the term of office or 3. fails to take and subscribe to the oath of office as provided in Section 2 03 of this Charter within thirty (30) days from the commencement of the term of office or 4. misses three (3) consecutive regularly scheduled monthly meetings where such absences are not approved by the Village Council in three (3) successive months or 5. misses six (6) regularly scheduled monthly meetings where such absences are not approved by the Village Council in any one }dear period beginning with the first regular meeting following the general election and ending with the next annual Village 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 Councilmembers shall appoint one of its members as and to be Mayor of said municipality and another of its members as and to be Vice-Mayor. Said officers shall serve at the pleasure of the Council for one (1) year and/or until a successor shall be appointed and qualified. The Mayor shall preside at all meetings; shall be recognized by the courts for the purpose of military law; and shall, execute all instruments to which the Village is a party, as approved by vote of the Village Council, unless otherwise provided hereby or by ordinance; but the Mayor shall have no administrative duties. The Vice-Mayor shall act as Mayor during the absence or disability of the Mayor. Section 2.07. Appointment of Legat Counsel and Auditor The Village Council shall appoint legal counsel as it deems necessary to serve at the pleasure of the Council and to act as legal advisor to the Village and to all of its officers on matters relating to their official duties. The Council shall engage a certified public accounting firm to prepare and submit to the Council an annual audit Section 2.08. Meetings. The Village Council shall determine the time and place for holding its meetings provided, however, it shall meet at least once per month. Special meetings shall be held when called by the Mayor, Manager, or independently by any two (2) members of the Village Council. The amount of notice for special meetings shall be determined by the Village Council by ordinance. i Section 2.099. Quorum. A majority of the members of the Council shall constitute a quorum to do business, but no action shall be taken except to adjourn, when only three (3) members are present unless their votes are unanimous; provided, however, in the event of a vacancy of two (2) members of the Village Council, under the provisions of Section 2.05, then and in that event a majority of the remaining members of the Council may act. A majority of those present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance. No member shall be excused from voting except as determined by Florida law. Section 2.8-910. Ordinances and Resolutions. The adoption of ordinances and resolutions shall be as prescribed by Florida law. Section 2.a-911. Electors and Elections. Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections and as may be prescribed by ordinance of the Village in matters not preempted by said law. Section 2.a-1-12. Interference With the Administrative Department. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village employee. The Council shall have the power to remove the Village Manager as provided by this Charter and may express its views and discuss all matters with the Manager. Except for the purpose of inquiries or investigations under this Charter, the Council and its members shall deal with Village employees solely through the Manager and neither the Council nor its members shall give orders to .any such officials or employees, either publicly or privately. ARTICLE III. VILLAGE ADMINISTRATION Section 3.01. Village Administration Defined. Village administration shall include a Village Manager, a Village Clerk and such other department heads as may be provided for by this Charter, Florida law or by vote of the Village Council. Section 3.02. The Village Manager--Appointment, Removal, Qualifications, Vacancy. The Village Council shall appoint a Village Manager who shall serve at the pleasure of the Council and who shall be the Chief Administrator under the direction and supervision of the Village Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative and executive qualifications. The Village Manager shall be appointed by affirmative vote of at least four (4) members of the Council, and must be removed by a like vote of said Council. A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by either temporary or permanent appointment by the Village Council at a regular or special Council meeting within thirty (30) days of the creation of the vacancy. Section 3.03. Village Manager--Functions and Powers. The Village Manager shall be the supervisor and manager of all public business and affairs of the Village, but shall be responsible to the Village Council for the administration of all the affairs of the Village coming under the Village Manager's jurisdiction. The Village Manager's powers and duties shall be as follows: (1) To see that all terms and conditions imposed in favor of the Village or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the Village Council. (2) To supervise the management and control of all public utilities owned by the Village and be charged with the management and operations of, all public works and departments in accordance with the ordinances or resolutions of the Village Council. (3) To be responsible for the supervision of all departments of the Village and to see that the laws and ordinances of the Village are enforced. (4) To attend all meetings of the Village Council and of its committees, if requested, with the right to take part in the discussion but without having a vote, and to file at the regular meetings of the Village Council in each month a report of the Village Manager's actions during the preceding month in a form as directed by vote of the Village Council. (5) To recommend to the Council for adoption such measures as the Village Manager may deem necessary or expedient in the interests of the Village, to keep the Village Council fully advised as to the financial condition and needs of the Village, and to submit for its consideration an annual budget. (6) To appoint, and when deemed necessary for the good of the Village, suspend or remove any Village employee and/or department head provided for, by, or under this Charter, or by ordinance, except as otherwise provided by Florida law, this Charter or personnel rules adopted by ordinance or resolution. The Village Manager may authorize any department head to exercise these powers with respect to subordinates in that department. (7) To direct and manage the activities of all Village staff in protecting the lives and property of Village residents during periods of natural or man made disaster or civil strife whenever such emergency might occur. (8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve all purchase orders for the payment of same. In the capacity of purchasing agent the Village Manager shall conduct all sales of personal property which the Council may authorize to be sold as having become unnecessary or unfit for Village use. All purchases and sales shall conform to such regulations as the Village Council may from time to time prescribe. (9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor; provided, however, that no such contract shall obligate the Village for a sum greater than allowed by ordinance, and provided, further, that such contracts shall be presented to the Village Council at the next regular meeting after the execution or awarding thereof for action thereon by the Village Council. (10) To prepare and submit to the Village Council, within ninety (90) days after the close of each fiscal year, a complete report of the operation and business of the Village for the preceding fiscal year. Section 3.04. The Village Clerk. The Village Clerk shall be appointed by the Village Manager and function under the supervision and direction of the Village Manager. The Village Clerk shall be present at all meetings of the Council and shall keep a record of the proceedings of the Council in a minute book to be provided and kept for that purpose. The Clerk shall preserve and maintain an ordinance book for the recording and preservation of all duly adopted ordinances, and shall preserve and maintain a resolution book to be provided and kept for that purpose, the Ordinance Book and Resolution Book to be deemed public records. Copies from said Minute Book, Ordinance Book or Resolution Book, duly certified by the Village Clerk under the corporate seal of the Village, shall be received in evidence in all Courts and places in proof thereof. The Village Clerk shall conduct functions relating to elections as prescribed by Florida law and/or Village ordinance and shall, in addition to the duties which are or may be required of the Village Clerk, by this Charter or by Florida law, have the custody of all the general records, books and documents of the Village, and shall perform such further duties as are imposed upon the Village Clerk by the Village Manager. Section 3.05. Department Heads. There shall be separate departments as established by the Village Council by ordinance upon recommendation of the Village Manager. Each separate department head shall be appointed by the Village Manager. Each department shall be subject to the general supervision and direction by the Village Manager, but shall be directly supervised and directed by the person in charge thereof, who shall have the title appropriate of the functions of his or her department. 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 under the Florida Constitution and under Florida law, together with the implied power necessary to carry out all the powers granted, as fully and completely as though they are specifically enumerated in this Charter unless prohibited by or contrary to the provisions of this Charter. The powers of the Village under this Charter shall be construed liberally in favor of the Village. Section 4.02. Annexation of Contiguous Territory. If the Village of Tequesta shall desire to change its territorial limits, either by annexation or contraction it shall do so in the manner prescribed by Florida law. '.t~~:~i.~~~~~~ey~*~A~Tnvn~i~~r~ C C nh 171 a ARTICLE V. TAXATION Section 5.01. Powers of Village Council. The Village Council shall have power to raise money by taxation for the following uses and purposes: (1) For the general and incidental expenses of the Village government. (2) For lighting the public buildings, streets and other public places. (3) For the support and maintenance of a police department. (4) For the support and maintenance of a fire department. (5) For the support and maintenance of a water department; including a supply of water for the use of Village and its inhabitants, water for the extinguishing of fires, water for public buildings and for other public purposes. (6) For regulating, repairing, maintaining, and cleaning the streets, highways and other public places. (7) For the care, preservation and repair of public buildings. (8) For t~-;el+e~e~f-t#e-pec~~~ aid-#eF-the support of any charitable purpose designated by the Village Council. (9) For the payment of interest on the public debt and for the payment of the principal of the public debt, as the same becomes due and payable. (10) For sinking fund payments required to be made under the provisions of any ordinance, resolution or other competent authority. (11) For the acquisition of land or any interest therein, within or without the territorial limits of the Village, for any public or municipal use. (12) For the construction, alteration, repair or .equipment of any building for a public or municipal use. (13) For the protection of the public health. (14) For the enforcement of the ordinances of the Village. (15) For the construction and repair of sewers, drains and drainage ditches. (16) For the planting and care of shade or ornamental trees or plants. (17) The purpose of paying any note or other obligation of the Village, with the interest. (18) For maintenance of a sewage system and for the disposal of garbage or other refuse. (19) For the acquisition of land necessary for any street, park or other public place and of any land or interest therein required or necessary for the construction of any sewer, drain or other public work. (20) For the construction and maintenance of street and other local improvements. (21) For the acquisition, construction, maintenance and operation of any public or municipal plant to supply the Village and its inhabitants with water, gas, electricity or other utility service. (22) For any public, corporate or municipal purpose. Section 5.02. Limitations. Anything else in this Charter notwithstanding, the total indebtedness of the Village, whether in the form of general obligation bonds or assessment bonds, or both, shall never in the aggregate exceed 10% of the assessed value of taxable real property within the Village at the time the indebtedness or indebtednesses are incurred. Section 5.03. Tax Assessment; Levy and Collection. The method of assessing taxes; levy and collection shall be as prescribed by Florida law. St,~te-;,°aw-r-e#erP.^s-Gs=Ta~t~e~;-1=-S-ekrs-~--~1-9~- ARTICLE VI. INITIATIVE AND REFERENDUM Section 6.01. Power of Initiative. The electors shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the Village Council by a petition signed by registered voters of the Village, as certified by the Palm Beach County Supervisor of Election's office equal in number to ten (10) percent of the registered voters of the Village of Tequesta. Section 6.02. Power of Referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the Village Council, except an ordinance appropriating money or authorizing the levy of taxes, or submitted by the Village Council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the Village Council by initiative petition and passed by the Village Council without change shall be subject to the referendum in the same manner as other ordinances. Within thirty (30) days after the enactment by the Village Council of any ordinance which is subject to a referendum, a petition signed by registered voters of the Village,. as certified by the Palm Beach County Supervisor of Election's office equal in number to ten (10) percent of the voters registered at the last Village election may be filed with the Village Clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. Such an ordinance shall be termed the "referred ordinance." Section 6.03. Form of Petitions. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. The person(s) or group attempting to circulate a petition shall register their name and address with the Village Clerk before starting to circulate the petition. Initiative petition papers shall contain the full text of the proposed ordinance. Referendum petitions shall state the title and number of the ordinance to be repealed or submitted for a vote of the electors. The signatures to initiative or referendum petitions need not 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 her name his or her place of residence by street and number, or other description sufficient to identify the place. Attached to each group of papers there shall be an affidavit of the person(s) circulating the petition that he or she, and he or she only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signatures appended thereto were made in his or her presence, and that he or she believes them to be the signatures of the persons whose names they purport to be. Section 6.04. Filing, Examination and Certification of Petitions. All petition papers shall be assembled and filed with the Village Clerk as one instrument. Within ten (10) business days after a petition is filed, the Village Clerk shall determine whether each group of papers of the petition has a proper statement of the person(s) circulating the petition and whether the petition is signed by a sufficient number of qualified electors. The Village Clerk shall declare any group of papers entirely invalid which does not have attached thereto the required affidavit signed by the persone(s) circulating the petition. If a petition is found to be signed by more persons than the number of signatures certified by the persona(s) circulating the petition, the last signatures in excess of the number certified shall be disregarded. If a petition is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing examination of the petition, the Village Clerk shall within three (3) days certify the result thereof in writing to the individual members of the Village Council. If the Village Clerk shall certify that the petition is insufficient the Village Clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the persons circulating the petitions of the findings. Section 6.05. Amendment of Petitions. An initiative or referendum petition may be amended at any time within ten (10) business 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) business days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insufficient, the Village Clerk shall file a certificate to that effect in the Village Clerk's office and notify the persons who circulated the petitions of such findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Section 6.06. Effect of Certification of Referendum Petition. When a referendum petition, or amended petition, as defined in Section 6.05 of this Charter, has been certified as sufficient by the Village Clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended as of the date of the certification if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Section 6.07. Consideration by Village Council. Whenever the Village Council receives a certification of an initiative or referendum petition from the Village Clerk, it shall proceed within the next thirty (30) days or at the next Village Council meeting, whichever is sooner, to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Village Council shall take final action on the initiative ordinance not later than sixty .(60~days after the date on which such ordinance was certified to the Village Council by the Village Clerk. A referred ordinance shall be reconsidered by the Village Council at the next Village Council meeting following certification and the Village Council shall within sixty .~~days make its final vote upon such reconsideration by determining the question, "Shall the ordinance specified in the referendum petition be repealed?" Section 6.08. Submission to Electors. If the Village Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefore [therefor], 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 four (4) months from the date the Village Council takes its final vote thereon. The Village Council shall, if no regular election is to be held within such period, provide for a special election. Section 6.09. 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. The ballot title may be different from the legal title of any such initiated or referred ordinance, but the ballot shall contain a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, shall have after the concise statement the following propositions, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Section 6.10. Availability of List of Qualified Electors. If any organization, person or group requests the list of qualified electors for the purpose of circulating descriptive matter relating to an ordinance to be voted on, the Village Clerk having custody of such list shall furnish same. For this service the requesting party or parties shall pay a fee to be established by the Village Council. Section 6.11. Result of Elections. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the Village. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 6.12. Repealing Ordinances; Posting. Initiative and referendum ordinances adopted or approved by the electors shall be posted, and may be amended or repealed by the Village Council, as in the case of other ordinances. ARTICLE VII. MISCELLANEOUS PROVISIONS Section 7.01. Constitutionality. In case any one or more of the sections or provisions of this Charter or the application of such sections or provisions to any situation shall for any reason be held unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this Charter or the application of such sections or provisions as to any other situation and it is intended that this law shall be construed and applied as if such unconstitutional section or provisions had not been included herein. Section 7.02. Public Meetings. All meetings of the Council shall be open to the publics +-~-Ta;~s-s~;"° „^~~n~,~ ~h ~ pursuant to the provisions of Florida law. i Section 7.03. Conflict of Interest. No Councilmember shall be employed by the Village until one (1) year after the expiration of the term for which the Councilmember was elected to the Council. The provisions set forth in the State of Florida Code of Ethics for public officers and employees shall govern in all matters relating to conflict of interest or financial disclosure and the effect of same on the proper discharge of a Councilmember's duties in the public interest. i Section 7.04. Effect of this Charter. All laws and parts of laws relating to or affecting the Village in force when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter but, insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in -force when this Charter shall take effect relating to or affecting the Village, the provisions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied. APPENDIX A VILLAGE OF TEQUESTA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 25, 26, 27, 35 AND 36, TOWNSHIP 40 SOUTH, RANGE 42 EAST, SECTIONS 29, 30 AND 32, TOWNSHIP 40 SOUTH, RANGE 43 EAST, AND THE GOMEZ GRANT, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 25; THENCE SOUTHERLY ALONG THE 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, 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 LOT 143; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 143 AND ALONG THE SOUTH LINE OF LOT 142 TO THE WEST LINE OF LOT 6 RIVER PINES AS RECORDED IN PLAT BOOK 38, PAGES 15 AND 16, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 6 TO THE WATERS OF THE NORTH FORK OF THE LOXAHATCHEE RIVER; THENCE NORTHWESTERLY ALONG SAID WATERS TO THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 25; THENCE NORTHERLY ALONG SAID QUARTER SECTION LINE TO THE SOUTHEAST CORNER OF LOT 1, RIVER CREST, AS RECORDED IN PLAT BOOK 21, PAGE 97, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 AND 2 OF SAID PLAT OF RIVER CREST TO THE INTERSECTION WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH ALONG THE SAID WEST LINE TO THE INTERSECTION WITH THE NORTH LINE OF LOT 3 OF SAID PLAT OF RIVER CREST; THENCE WEST ALONG SAID NORTH LINE TO THE INTERSECTION WITH THE EAST LINE OF THE PLAT OF WINDSWEPT PINES, AS RECORDED IN PLAT BOOK 61, PAGES 130-131, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID EAST LINE OF WINDSWEPT PINES TO THE INTERSECTION WITH THE SOUTH LINE OF WENDIMERE HEIGHTS, AS RECORDED IN PLAT BOOK 40, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID SOUTH LINE OF WENDIMERE HEIGHTS TO THE INTERSECTION WITH THE EAST LINE OF SAID WENDIMERE HEIGHTS; THENCE NORTHERLY ALONG SAID EAST LINE OF WENDIMERE HEIGHTS AND THE EAST LINE OF JUPITER RIDGE, AS RECORDED IN PLAT BOOK 26, PAGE 106, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 779.68 FEET TO THE INTERSECTION WITH A LINE PARALLEL TO THE SOUTH LINE OF THE PLAT OF CHAPEL COURT, SECTION 2, AS RECORDED IN PLAT BOOK 47, PAGES 196-197, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PLAT OF CHAPEL COURT, SECTION 2; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION TO THE INTERSECTION WITH THE NORTH LINE OF SAID PLAT OF CHAPEL COURT, SECTION 2; THENCE EASTERLY ALONG SAID NORTH LINE OF SAID CHAPEL COURT, SECTION II 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 ACCORDING TO SAID PLAT OF CHAPEL COURT SECTION III; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE 228.3 FEET; THENCE AT AN ANGLE OF 135°19'32" AS MEASURED FROM SOUTHERLY TO NORTHWESTERLY 35.15 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY LINE ROAD ACCORDING TO SAID PLAT OF CHAPEL COURT SECTION III; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF LOT 1 OF SAID CHAPEL COURT SECTION III; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID CHAPEL COURT SECTION III TO THE NORTHWEST CORNER OF LOT 2, ACCORDING TO THE PLAT OF TEQUESTA PINES RECORDED IN PLAT BOOK 34, PAGES 84 THROUGH 89, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE NORTHEAST CORNER OF LOT 1 OF SAID TEQUESTA PINES; THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE NORTH LINE OF LOT 112 OF SAID TEQUESTA PINES; THENCE EASTERLY ALONG THE BOUNDARY OF SAID TEQUESTA PINES TO THE SOUTHWEST CORNER OF LOT 19 OF SAID TEQUESTA PINES; THENCE NORTHERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE SOUTH LINE OF LOT 12 OF SAID TEQUESTA PINES; THENCE WESTERLY ALONG THE BOUNDARY OF TEQUESTA PINES TO THE SOUTHWEST CORNER OF SAID LOT 12; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12 TO THE SOUTH LINE OF LOT 11 OF SAID TEQUESTA PINES; THENCE WESTERLY ALONG SAID SOUTH LINE OF LOT 11 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 1, ACCORDING TO THE PLAT OF JUPITER HEIGHTS, AS RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NORTH LINE, A DISTANCE OF 146.66 FEET TO THE WEST LINE OF LOT 8, OF SAID BLOCK 1; THENCE SOUTHERLY ALONG SAID WEST LINE OF LOT 8, A DISTANCE OF 127.20 FEET TO THE SOUTH LINE OF SAID BLOCK 1; THENCE WESTERLY ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION 140.00 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY ONE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE NORTH LINE OF BLOCK 2 AND ITS WESTERLY EXTENSION, OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG SAID NORTH LINE AND ITS WESTERLY EXTENSION, A DISTANCE OF 140.00 FEET TO THE WEST LINE OF LOT 14 OF SAID BLOCK 2; THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 14 AND 23, OF SAID BLOCK 2, A DISTANCE OF 260.00 FEET TO THE SOUTH LINE OF SAID BLOCK 2; THENCE WESTERLY ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION, A DISTANCE OF 140.00 FEET TO SAID EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY ONE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF BLOCK 3 AND ITS WESTERLY EXTENSION OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG SAID NORTH LINE OF BLOCK 3 AND ITS WESTERLY EXTENSION, A DISTANCE OF 190.00 FEET TO THE EAST LINE OF LOT 13, OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 13 AND 25, OF SAID BLOCK 3, A DISTANCE OF 240.00 FEET TO THE SOUTH LINE OF SAID LOT 25; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID LOT 25, A DISTANCE OF 50.00 FEET TO THE WEST LINE OF SAID LOT 25; THENCE NORTHERLY ALONG SAID WEST LINE OF LOT 25, A DISTANCE OF 100.00 FEET TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 7, OF SAID BLOCK 3; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND THE SOUTH LINE OF SAID LOT 7, BLOCK 3, A DISTANCE OF 140.00 FEET TO SAID EASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, 420.00 FEET TO THE INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 1, BLOCK 5 OF SAID PLAT OF JUPITER HEIGHTS; THENCE EASTERLY ALONG SAID NORTH LINE OF LOT 1, BLOCK 5 AND ITS WESTERLY EXTENSION, 120.00 FEET TO THE EAST LINE OF LOTS 1 THROUGH 9, BLOCK 5 OF SAID PLAT OF JUPITER HEIGHTS; THENCE SOUTH ALONG SAID EAST LINE, 180.00 FEET TO THE SOUTH LINE OF SAID LOT 9, BLOCK 5; THENCE WEST ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION, 120.00 FEET TO SAID 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 EASTERLY ALONG SAID NORTH LINE OF KEY WEST VILLAGE AND ALONG ITS EASTERLY EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 183, GOMEZ GRANT AND JUPITER ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 80, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION OF SAID LOT 183 AND ALONG SAID SOUTH LINE OF LOT 183 TO THE WATERS OF THE ATLANTIC OCEAN; THENCE SOUTHEASTERLY ALONG SAID WATERS TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 100 FEET OF LOT 187, ACCORDING TO THE PLAT OF GOMEZ GRANT AND JUPITER ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 80, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS WITH THE WATERS OF THE ATLANTIC OCEAN; THENCE WESTERLY ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO A LINE 1157.52 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY ALONG SAID PARALLEL LINE TO A LINE 263 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY ONE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO A LINE 150 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 30; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY; THENCE NORTHWESTERLY 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 INTRACOASTAL WATERWAY WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 66 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 707; THENCE WESTERLY ALONG THE NORTHERLY RIGHT- OF-WAY LINE OF STATE ROAD NO. 707 (A-1-A) AND ITS WESTERLY EXTENSION, TO ITS INTERSECTION WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 31; THENCE NORTHERLY ALONG SAID NORTH-SOUTH QUARTER-SECTION LINE; TO THE SOUTH 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 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. Rev. 3-30-2005)