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HomeMy WebLinkAbout2002-38 Charter Amendment - Village Clerk• • ORDINANCE 38-2002 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER AMENDING SECTION 7, VILLAGE CLERK, OF ARTICLE IV, ADMINISTRATIVE, BY TRANSFERRING THE POWERS AND DUTIES OF THE VILLAGE CLERK TO A NEWLY -CREATED SECTION 10 OF ARTICLE IV; CREATING SECTION 8, APPOINTMENT; REMOVAL; COMPENSATION OF VILLAGE CLERK; CREATING SECTION 9, VACANCY IN THE OFFICE OF CLERK; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for charter amendments for municipalities and authorizes the governing body of a municipality, by ordinance, to submit to the electors of said municipality proposed amendments to its Charter; and WHEREAS, the Village Council is desirous of submitting the proposed amendment contained within this ordinance to a vote of the electors at the March, 2003, election to be held within the Village. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. That Section 7, Village Clerk, of Article IV, Administrative, of the Village Charter is hereby amended to read as follows: ARTICLE IV. ADMINISTRATIVE Section 7. Village Clerk. There shall be a Village Clerk who shall be responsible to the council for the proper administration of all affairs of the village coming under the clerk's control as defined in Article IV, Section 10. • • Section 2. That Section 8, Appointment; removal; compensation of Village Clerk is hereby added to Article IV, Administrative, of the Village Charter and to read as follows: ARTICLE IV. ADMINISTRATIVE Section 8. Appointment; removal; compensation of Village Clerk. (a) Appointment. The council shall appoint a village clerk for an indefinite term by a majority vote of all the council members. (b) Removal. The council may remove the clerk by a majority vote of all the council members, and the clerk shall hold office at the pleasure of the council. (c) Compensation. The compensation of the clerk shall be fixed by the council. Section 3. That Section 9, Vacancy in the office of clerk, is hereby added to Article IV, Administrative, of the Village Charter and to read as follows: ARTICLE IV. ADMINISTRATIVE Section 9. Vacancy in the office of clerk. During any vacancy in the office of village clerk, the deputy village clerk shall assume the duties of the village clerk. If there is no deputy village clerk, the council may designate any competent person, except the mayor or any member of the council, to execute the functions of the office of village clerk. Section 4. That Section 10, Powers and duties of the village clerk, is hereby added to Article IV, Administrative, of the Village Charter and to read as follows: ARTICLE IV. ADMINISTRATIVE Section 10. Powers and duties of the village clerk. The powers and duties of the village clerk are and shall be: (a) To attend all official meetings of the council in person or by deputy and keep minutes of its proceedings, which, after being approved, shall be engrossed in a well -bound book, or other permanent record, and signed by the village clerk. (b) To be the custodian of the Village Seal and of all records and papers of a general or permanent character pertaining to the affairs of the municipality. 2 • • (c) To attest all executory contracts made in behalf of the village as evidence of the authorization of such contracts by the council; and no executory contracts made in behalf of the village or to which the village is a party shall be valid unless attested by the village clerk. (d) To preserve, file and index all contracts to which the village is a party, which file and record shall be open to the inspection of all interested persons at all reasonable times, in the clerk's office. (e) To furnish the council at any time such reports, data and information as may be necessary to fully inform the Council as to the affairs of the village, furnishing the Council regularly with such detailed reports of the village government as may be necessary. Section 5. This ordinance, upon adoption, shall be submitted to the electors of the Village of North Palm Beach at the March, 2003, election. The ballot title and explanatory statement of the amendment shall be set forth as follows on the ballot for consideration by the qualified electors of the Village of North Palm Beach, Florida: "TITLE" Providing for appointment, duties, removal and compensation of Village Clerk and provision for vacancy in the office of Clerk. "EXPLANATORY STATEMENT" The Village Charter provided there would be a Village Clerk but failed to provide procedure for appointment and removal, compensation and procedure to fill vacancy in office of Clerk. Shall the above -described amendment be adopted? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. The Village Clerk of the Village of North Palm Beach is authorized and directed to advertise the referendum election in accordance with the State of Florida Election Code. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. 3 • • Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon adoption. Section 7. In the event of adoption by the electors as provided herein, the Village Clerk shall incorporate the amendment into the Village Charter and shall file the revised Charter with the Florida Department of State. Section 8. The proposed Charter amendments shall take effect upon adoption by a majority of electors voting in the referendum election. PLACED ON FIRST READING THIS 21 st DAY OF NOVEMBER. 2002. PLACED. ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF DECEMBER. 2002. ATTEST: • VILLAGE CLERK 4