HomeMy WebLinkAboutVillage Charter 2015Art. I.
Art. I.A.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
PART I
CHARTER*
Corporate Name
Vision Statement
Territorial Boundaries, § 1
Legislative, §§ 1-11
Administrative, §§ 1-7
Qualifications and Elections, §§ 1-6
Transition Schedule, §§ 1-6
*Editor's note —The charter of the village, ch. 31481, Laws of Florida (1956) as revised by Ord. No. 1-76 of Feb. 19, 1976, is
set out in this Part as enacted. Amendments have been worked in and are indicated by history notes following amended sections.
Material enclosed in brackets [ ] has been inserted where necessary to correct obvious errors or for purposes of clarification where
an ambiguity appears.
Supp. No. 25 1
CHARTER § 1
ARTICLE I. CORPORATE NAME
The municipality hereby established shall be
known as "The Village of North Palm Beach,
Florida."
ARTICLE LA. VISION STATEMENT
VISION STATEMENT
This vision statement for the Charter of the
Village of North Palm Beach, Florida, defines for
all those interested the intentions and aims of the
government of this municipality. Consistent with
the applicable laws of the State of Florida and the
United States of America, this Charter provides
the governing statutes of the Village. The under-
lying thrust of this Charter is to make clear that
this government is established and maintained
with its primary goal service to all residents and
all who have occasion to be affected by its actions.
Responsibility is placed on both the government
and the governed to continually seek appropriate
means to advance the progress of the Village of
North Palm Beach.
Since being incorporated in 1956, the Village of
North Palm Beach has been a beacon in commu-
nity spirit, citizen service, and continuous improve-
ment. Each article in this Charter is aimed at
sustaining that light. Only an informed citizenry
and properly motivated public servants can pre-
serve and widen the vision of the greatest place to
live under the sun.
(Ord. No. 31-2002, § 1, 12-12-02)
ARTICLE II. TERRITORIAL BOUNDARIES
Section 1. [Described.]
The Territorial Limits of said Municipality are
hereby defined and shall be as follows:
BEGINNING at the intersection of the waters
edge along the west shore of Lake Worth, with the
south line of Government Lot 1, Section 21, Town-
ship 42 South, Range 43 East, Palm Beach County,
Florida; thence westerly, along the south line of
said Government Lot 1, to the southwest corner
thereof; thence northerly, along the west line of
said Government Lot 1, also being the north-
Supp. No. 25 3
south one -quarter section line of said Section 21,
to a point 68.90 feet south of the north one -
quarter corner of said Section 21, (as measured
along said one -quarter section line). Said point
being on the north side of the concrete curb on the
south side of the center median of Northlake
Boulevard (S.R. No. 850), said point also being
7.75 feet south of the centerline of Northlake
Boulevard (S.R. No. 850) as now laid out and in
use; thence S-89°-48'-00"-W, along a line which is
7.75 feet south of and parallel with the centerline
of said Northlake Boulevard (S.R. No. S-850), a
distance of 1094.60 feet to the beginning of a
curve, concave to the north, having a radius of
4009.75 feet and a central angle of 10°-37'-48";
thence westerly and northwesterly along the arc
of said curve, a distance of 743.92 feet to the end
of said curve and the beginning of a curve, con-
cave to the south, having a radius of 4019.52 feet
and a central angle of 8°-40'-40"; thence westerly
along the arc of said curve, a distance of 608.78
feet to the end of said curve; thence N-88°-
14'52"-W, a distance of 200 feet, more or less, to a
point; said point being on the west line of said
Section 21 and 15.75 feet south of the northwest
corner of said Section 21; thence N-88°-04'-04"-W,
along a line which is 7.75 feet south of and
parallel with the centerline of said Northlake
Boulevard (S.R. No. 850), a distance of 2654.1
feet, more or less to a point in the north and south
quarter section line of Section 20, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida; thence northerly along the said north and
south quarter section line, a distance of 15.75
feet, more or less, to the quarter corner in the
north line of said Section 20; thence northerly
along the north and south quarter section line of
Section 17 of said Township and Range to a point
in the easterly extension of the northerly right-of-
way line of the Earman River Canal as described
in Deed Book 1047, Page 359, Public Records of
Palm Beach County, Florida; thence N-67°-25'-
24"-W a distance of 42.89 feet to a point in the
northerly right-of-way line of said Earman River
Canal; thence westerly along said northerly right-
of-way line of the Earman River Canal, to the
west line of said Section 17; thence northerly
along the west line of said Section 17, to the
northwest corner of said Section 17; thence east-
erly along the north line of said Section 17, to the
§ 1 NORTH PALM BEACH CODE
southwest corner of Cromwell Estates according
to the Plat thereof, recorded in Plat Book 29, page
110, Public Records of Palm Beach County, Flor-
ida; thence northerly along the west line of said
Cromwell Estates to the northwest corner thereof;
thence easterly along the north line of said
Cromwell Estates to the west line of the southeast
one -quarter (SE 1/4) of the southwest one -quarter
(SW 1/4) of Section 8 of said Township and Range;
thence northerly along the west line of the south-
east one -quarter (SE 1/4) of the southwest one -
quarter (SW 1/4) of Section 8 to the northwest
corner thereof; thence easterly along the north
line of the southeast one -quarter (SE 1/4) of the
southwest one -quarter (SW 1/4) of Section 8 to the
west line of Pepperwood Subdivision as recorded
in Palm Beach County Records, Plat Book 33,
page 184, thence northerly along the west line of
said Pepperwood Subdivision to the northwest
corner thereof; thence easterly along the north
line of said Pepperwood Subdivision to a point in
a line lying 260 feet west and parallel to the
north -south quarter section line of Section 8,
Township 42 South, Range 43 East, Palm Beach
County, Florida; thence northerly along said line
a distance of 1085 feet; thence east along a line
parallel to the south line of the southeast one -
quarter (SE 1/4) of the southeast one -quarter (SE
1/4) of the northwest one -quarter (NW 1/4) of said
Section 8 to a point in the north -south quarter
section line of said Section 8; thence northerly
along the north and south quarter section line of
said Section 8 to the north line of said Section 8;
thence easterly along the north line of said Sec-
tion 8 to a point in the east right-of-way line of
Prosperity Farms Road; thence northerly along
the east right-of-way line of Prosperity Farms
Road to a point in the north right-of-way line of
Monet Road as laid out and in use; thence east-
erly along the North right-of-way line of Monet
Road as laid out and in use to its intersection with
the west line of the east 1/2 of the W 1/2 of the SE
1/4 of the SW 1/4 of the SE 1/4 of Section 5, Township
42 South, Range 43 East, thence N-00°-34'-04"
East a distance of 611.46 feet; thence easterly
along the North line of the SE 1/4 of the SW 1/4 of
the SE 1/4 of said Section 5 a distance of 499.70
feet; thence S-00°-09'-50"-W a distance of 168.05
feet, thence easterly along the north line of the SE
3/4 of the S 1/2 of the SE 1/4 of said Section 5, a
Supp. No. 25 4
distance of 615.95 feet; thence southerly along the
west right-of-way line of the Intracoastal Water-
way (as shown on amended Plat Section 5, Town-
ship 43 South, Range 43 East, Plat Book 17, Page
29, Palm Beach County, Florida) to the North line
of Section 8, Township 43 South, Range 43 East;
thence easterly, along the north line of Sections 8
and 9 of said Township and Range, as shown on
Florida Inland Navigation Districts Right -of -Way
Map on pages 10 and 29 of Plat Book 17, Public
Records of Palm Beach County, Florida, to the
center line of the R/W of State Road No. 5 (U.S.
Highway #1) as shown on Florida State Road
Department's Right -of -Way Map recorded in State
and County Road Plat Book 2, pages 43 to 56,
inclusive; thence northerly, along the center line
of said State Road No. 5, to its intersection with
the easterly projection of the North line of Lot 6,
Plat of Subdivision of Government Lot 8, Section
4 of said Township and Range; thence North
88°-08'-06" West, distance of 63.12 feet to the
Northeast corner of said Lot 6; thence North
88°-08'-06" West along the North line of said Lot
6 and the easterly projection thereof, a distance of
231.75 feet; thence North 03°-04'-10" West, a
distance of 125.20 feet; thence South 89°-49'-50"
East along a line 25 feet, more or less, North of
the centerline of Caroline Avenue, as now laid out
and in use, a distance of 500.00 feet to a point of
intersection with the Easterly Right -of -Way Line
of Ellison -Wilson Road, as now laid out and in use
having a total Right -of -Way width of 66.00 feet;
thence North 01°-22'-26" West along the Easterly
Right -of -Way Line of Ellison -Wilson Road, same
line being the Westerly line of Lots 6 and 7 of said
"Plat of Subdivision of Government Lot 8," a
distance of 492.84 feet to the Northwest corner of
said Lot 7 of the "Plat of Subdivision of Govern-
ment Lot 8," thence North 87°-20'-06" West along
the South line of said Government Lot 7 same line
also being the North Line of said "Plat of Subdi-
vision of Government Lot 8," a distance of 102.48
feet to the Southwest Corner of Government Lot
7, Section 4 of said Township and Range; thence
North 01°-35'-39" East along the West line of said
Government Lot 7, a distance of 356.07 feet;
thence South 85°-38'-02" East, a distance of 765.13
feet to a point of intersection with the Westerly
Right -of -Way line of State Road Number 5; less
the 66.00 foot Right -of -Way for Ellison -Wilson
CHARTER
Road; thence Southeasterly along the Westerly
Right -of -Way line of State Road Number 5 to a
point of intersection with the north line of Gov-
ernment Lot 8, Section 4 of said Township and
Range; thence easterly, along the north line of
said Government Lot 8, to a point lying on the
northerly line of Government Lot 8, at its inter-
section with the southwesterly corner of the Plat
of Twelve Oaks, as recorded in Plat Book 31,
Pages 48 and 49, said Public Records; thence
northerly along the westerly line of said Plat of
Twelve Oaks a distance of 719.70 feet, thence
westerly along a line parallel to the North line of
Lot 8 to a point in the westerly right of way line of
State Road 5 (US #1), thence northerly along the
westerly right of way line of State Road 5 (US #1),
a distance of 200 feet, thence run easterly along a
line parallel to the north line of Lot 8 to a point in
the westerly line of said Plat of Twelve Oaks,
thence northeasterly along said westerly line and
its northeasterly prolongation thereof to its inter-
section with the southerly Right -of -Way line of
State Road 703, as recorded in Road Plat Book 5,
Pages 12 and 13, said Public Records; thence
easterly along said southerly Right -of -Way line to
its intersection with the southerly prolongation of
the westerly line of the Plat of Hidden Key, as
recorded in Plat Book 27, Page 243, said Public
Records; thence northerly along said southerly
prolongation to the southwesterly corner of said
Plat of Hidden Key and a point on the north
Right -of -Way line, to a point at right angles to
centerline station 362 + 62.00 as said stationing is
shown on the Plat of Bulkhead line in the north
end of the Waters of Lake Worth, as recorded in
Plat Book 26, page 135, Public Records of Palm
Beach County, Florida; thence southerly at right
angles to said north Right -of -Way line, a distance
of 53.00 feet to a point on said centerline of State
Road No. 703 and the northerly prolongation of
the bulkhead line as shown on said plat; thence
southerly and southwesterly, along said northerly
prolongation and said bulkhead line to its inter-
section with the easterly prolongation of the north
line of said Government Lot 8; thence continue
easterly along the same course, to a point in the
southerly extension of the line between Govern-
ment Lots 3 and 5 of said Section 4, as shown on
Plat of Seminole Beach recorded in Plat Book 22,
page 37, Public Records of Palm Beach County,
Supp. No. 25 5
§1
Florida; thence southerly, along said southerly
extension to a point in the westerly extension of
the north line of Section 10 of said Township and
Range; thence easterly, along said westerly exten-
sion of the north line of said Section 10 and along
the north line of said Section 10; to the waters of
Lake Worth; thence southerly, along the waters of
Lake Worth, to the south line of the Marshall
Morton Estates, according to the Replat thereof
recorded in Plat Book 24, page 1, Public Records
of Palm Beach County, Florida; thence easterly,
along the south line of said Marshall Morton
Estates, to the east boundary of said Marshall
Morton Estates at the waters of a lagoon; thence
northerly, along the easterly boundary of said
Marshall Morton Estates and along the waters of
said lagoon, to the north line of said Section 10;
thence easterly, along the north line of said Sec-
tion 10, to the waters of the Atlantic Ocean;
thence southerly, along the waters of the Atlantic
Ocean, to a point in a line parallel to, and 8,000
feet southerly from, measured at right angles to,
the north line of said Section 10; thence westerly,
along said parallel line, to a point in the westerly
boundary of the submerged land area conveyed by
the Trustees of the Internal Improvement Fund of
the State of Florida, to Lake Worth Realty Com-
pany, a Florida corporation, by Trustees' Deed No.
17,146, recorded in Deed Book 205, page 82,
Public Records of Palm Beach County, Florida;
thence southerly, along said westerly boundary to
a point in the easterly extension of the south line
of Government Lot 1 of said Section 21, thence
westerly, along said easterly extension across
Lake Worth to the point of beginning, at the
waters edge on the west shore of said Lake Worth.
And a tract of land in Lots 3 and 4 of a subdivision
of Government Lot 8, Section 4, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida, according to the Plat thereof, recorded in Plat
Book 18, page 4, Public Records of Palm Beach
County, Florida, said tract of land being more
particularly described as follows:
Begin at the point of intersection of the north
right-of-way line of McLaren Road with the east
right-of-way line of Ellison -Wilson Road, said
point being the southwest corner of Lot 3; thence
run N°3-04'-10"-W along the east right-of-way
line of Ellison -Wilson Road 303.89 feet to the
§ 1 NORTH PALM BEACH CODE
northwest corner of the said Lot 3; thence run
S-89°-54'-29"-E, along the north line of Lot 3 a
distance of 7.01 feet thence run North 03°-04'-10"
west a distance of 303.93 feet, thence run North
89°-49'-50" West a distance of 7.01 feet, thence
run North 03°-04'-10" West a distance of 125 feet,
thence run South 89°-49'-50" East a distance of
620 feet, thence run North 03°-04'-10" West a
distance of 125.20 feet, thence run South 89°-49'-
50" east a distance of 125.06 feet, thence run
South 0°-12'-26" West a distance of 74.91 feet,
thence run South 23°-48'-04" East 248.69 feet,
thence run South 89°-54'-29" East a distance of
14.89 feet; thence run south 190.18 feet; thence
run easterly parallel with the north line of Lot 4 a
distance of 50 feet, thence southerly parallel to
the west line of Lot 4 a distance of 112.41 feet to
a point in the north right-of-way line of McLaren
Road; thence run west along the north right-of-
way line of McLaren Road, 727.33 feet to the point
of beginning.
And a tract of land described as follows: A parcel
of land lying in Section 5, Township 42 South,
Range 43 East, Palm Beach County, Florida, and
being more particularly described as follows:
That part of the North Half (N 1/2) of the South
Half (S 1/2) of the Southeast Quarter (SEl/4) of said
Section 5 lying westerly of the West Right -of -Way
line of the Intracoastal Waterway and lying East
of the easterly Right -of -Way line of Prosperity
Farms Road, as shown in Road Plat Book 2, pages
136 and 137;
TOGETHER with the Northeast Quarter (NE 1/4)
of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Southeast Quarter
(SE 1/4) of Section 5:
TOGETHER WITH that part of the North 169.5
feet of the West Half (W 1/2) of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Southeast Quarter (SE 1/4) of Section 5
Supp. No. 25 6
lying easterly of the East line of those lands
described in Deed Book 877, Page 439, Palm
Beach County records:
TOGETHER WITH the West Half (W 1/2) of the
West Half (W 1/2) of the Southeast Quarter (SE 1/4)
of the Southwest Quarter (SW 1/4) of the South-
east Quarter (SE 1/4) of the said Section 5:
TOGETHER WITH the West thirty feet (30') of
the following described parcel:
Commencing at the center of said Section 5:
thence easterly along the East-West Quarter Sec-
tion line a distance of 1,293.76 feet to the North-
west corner of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of said Section 5:
thence South 00°-08'-30" West along the West line
of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Section 5, (the west line of the
Northeast Quarter (NE 1/4) of the Southeast Quar-
ter (SE 1/4) of Section 5 is assumed to bear South
00-°-08'-30" West and all other bearings are rela-
tive thereto) a distance of 1.343.65 feet to the
Southwest corner of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of Section 5
and the POINT OF BEGINNING of the herein
described parcel: thence South 88°-16'-41" East
along the South line of the Southwest Quarter
(SW 1/4) of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 5 a distance
of 144.46 feet: thence North 02°-13'-54" West, a
distance of 157.46 feet; thence North 88°-16'-41"
West, a distance of 137.95 feet; thence South
00°-08'-30" West, a distance of 157.15 feet to the
POINT OF BEGINNING.
TOGETHER WITH the following described par-
cel:
Begin at the Northeast corner of Lot 5, according
to the Plat ,of subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, as
recorded in Plat Book 18, Page 4, in and for the
records of Palm Beach County, Florida; Thence N
89° 47' 58" W along the North line of said Lot 5, a
distance of 250.12 feet to a point: Thence South-
erly, at right angles bearing South 0° 12' 02"
West, a distance of 74.91 feet; Thence South 23°
47' 30" East, a distance of 200.65 feet; Thence
South 89° 54' 40" East, a distance of 283.22 feet to
a point in the East line of said Lot 5; Thence
CHARTER
North 23° 47' 30" West along East line of said Lot
5; a distance of 282.04 feet to the Point of Begin-
ning.
TOGETHER WITH the following described par-
cel:
A parcel of land lying in the southeast quarter of
Section 5, Township 42 South, Range 43 East,
Palm Beach County, Florida, more particularly
described as follows:
Commencing at the southwest corner of the south-
east quarter of said Section 5; thence South
88°-34'-32" East along the South line of the south-
east quarter (the South line of the southeast
quarter is taken to bear South 88°-34'-32" East
and all other bearings stated herein are relative
thereto) a distance of 841.10 feet to the East line
of the West half of the West half of the southeast
quarter of the southwest quarter of the southeast
quarter of said Section 5; thence North 00°-06'-
53" East along said East line and along the West
line of the Plat of Harbour Point Marina, recorded
in Plat Book 73, Pages 99 and 100, Public Records
of Palm Beach County, Florida, a distance of
671.39 feet to the northwest corner of said plat;
thence South 88°-37'-59' East along the North
line of said plat a distance of 499.75 feet to the
most northeasterly corner of said plat and the
POINT OF BEGINNING of the hereinafter de-
scribed parcel; thence continue South 88°-37'-59"
East along the North line of the South half of the
southeast quarter of the southeast quarter of said
Section 5 a distance of 594.98 feet to a point of
intersection with the West right-of-way line of the
Intracoastal Waterway as shown on the Amended
Plat of Section 5-42-43 of the Intracoastal Water-
way, as recorded in Plat Book 17, Page 29, Public
Records of Palm Beach County, Florida; thence
South 07°-20'-49" East along said right-of-way
line a distance of 166.93 feet to a point on the
South line of the North 165.00 feet of the South
half of the southeast quarter of the southeast
quarter of said Section 5; thence North 88°-37'-
59" West along said South line a distance of
615.50 feet to the southwest corner of the North
165.00 feet of the South half of the southeast
quarter of the southeast quarter of said Section 5,
said point lying on the East line of said Plat of
Harbour Point Marina; thence North 00°-17'-18"
Supp. No. 25 7
§1
West along said plat line and the West line of the
North 165.00 feet of the South half of the south-
east quarter of the southeast quarter of said
Section 5 a distance of 165.07 feet to the POINT
OF BEGINNING.
TOGETHER WITH the following described par-
cel:
A parcel of land lying in the Southwest Quarter of
Section 17, Township 42 South, Range 43 East,
Palm Beach County, Florida, being more particu-
larly described as follows:
Begin at the Southeast corner of said Southwest
Quarter of Section 17; thence Northerly, along the
North -South quarter section line of said Section
17, a distance of 1748.3 feet, more or less, to a
point on the Easterly prolongation of the North
line of Lot 29, according to the Plat of Kelsey
Acres, as recorded in Plat Book 22, Page 16,
Public Records of Palm Beach County, Florida;
thence Westerly, along said prolongation and the
North line of Lot 16 and Lots 18 through 29, a
distance of 1446.5 feet more or less, to a point on
the Easterly right of way line of State Road
Alternate A-1-A, as recorded in Road Plat Book 6,
Page 180, Public Records of Palm Beach County,
Florida; thence Southerly along said Easterly
right of way line, a distance of 889.3 feet to a
point; thence Westerly, at right angles to the
preceding course, a distance of 106 feet to a point
on the Westerly right of way line of said State
Road Alternate A-1-A; thence Northerly, along
said right of way line, a distance of 100.00 feet,
more or less, to a point in the South line of that
certain parcel described in Official Record Book
2865, Page 1178, Public Records of Palm Beach
County, Florida; thence Westerly, along said South
line, a distance of 282.8 feet, more or less, to a
point in the Easterly right of way line of the
Florida East Coast Railroad; thence Southerly,
along said Easterly right of way line, a distance of
983 feet, more or less, to a point in the South line
of said Southwest Quarter of Section 17; thence
Easterly, along said South line, a distance of 1096
feet, more or less, to said Southeast corner of the
Southwest Quarter and the Point of Beginning.
TOGETHER WITH the following described par-
cel:
Lots 14 and 15, Kelsey Acres, according to the plat
recorded in plat book 22, page 16, Public Records
of Palm Beach County, FL.
§ 1 NORTH PALM BEACH CODE
DESCRIPTION: A parcel of land lying in Section
5, Township 42S, Range 43E, Palm Beach County,
Florida, being more particularly described as fol-
lows:
Commencing at the South Quarter Corner of
Section 5, thence South 88°34'23" East, a distance
of 336.51 feet; thence North 0°30'48" East, a
distance of 60.00 feet to the POINT OF BEGIN-
NING, thence continue North 0°30'48" East, a
distance of 275.38 feet; thence South 88°33'45"
East, a distance of 334.55 feet; thence South
0°13'21" West, a distance of 275.35 feet; thence
North 88°34'23" West, a distance of 335.95 feet to
the POINT OF BEGINNING.
Containing 2.119 acres more or less.
DESCRIPTION: The East one-half, of the South
one-half, of the East one-half, of the Southwest
one -quarter, of the Southwest one -quarter, of the
Southeast one -quarter, of Section 5, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida, less the South 60 feet thereof for the right-of-
way of Monet Road.
TOGETHER WITH: The West one-half, of South-
east one -quarter, of Southwest one -quarter, of
Southwest one -quarter, of Southeast one -quarter,
of Section 5, Township 42 South, Range 43 East,
Less the South 60 feet thereof for right-of-way of
Monet Road.
LEGAL DESCRIPTION: A parcel of land lying in
Section 16 and 21, Township 42 South, Range 43
East, Palm Beach County, Florida, more particu-
larly described as follows:
BEGINNING at a point in the center line of the
right-of-way of Central and Southern Florida Flood
Control District (now known as South Florida
Water Management District) Canal C-17 as said
right-of-way is described in easement deed re-
corded in Deed Book 1156, Page 186, of the Public
Records of Palm Beach County, Florida, said point
being 624.66 feet Westerly, measured along said
center line, from the Westerly right-of-way line of
State Road No. 5 (U.S. Highway No. 1) as said
right-of-way line is shown on State Road Depart-
ment Right -of -Way Map as recorded in Road Plat
Book 2, Pages 105 to 108, inclusive, Public Records
of Palm Beach County, Florida; thence Westerly
along said center line a distance of 325 feet;
Supp. No. 25 8
thence Southerly at right angles to said center
line, a distance of 359 feet to a point in the
Northerly right-of-way line of Northlake Boule-
vard as said right-of-way is described in Official
Record Book 178, Page 458, of the Public Records
of Palm Beach County, Florida; thence Easterly
along said Northerly right-of-way line a distance
of 400 feet; thence Northerly at right angles to
said Northerly right-of-way line a distance of 244
feet to the Southerly right-of-way line of Central
and Southern Florida Flood Control District (now
known as South Florida Water Management Dis-
trict) Canal C-17, as said right-of-way is described
in easement deed recorded in Deed Book 1156,
Page 186, of the Public Records of Palm Beach
County, Florida; thence Westerly along said South-
erly right-of-way line a distance of 75.00 feet;
thence Northerly at right angles to said Southerly
right-of-way line 115 feet to the POINT OF BE-
GINNING.
SUBJECT TO RIGHT-OF-WAY OF C-17 CANAL.
TRACT I: A certain parcel of land in Section 21,
Township 42 South, Range 43 East, Palm Beach
County, Florida, being more particularly de-
scribed as follows:
Beginning at the intersection of the westerly
right-of-way line of State Road No. 5 as described
in a deed from Tasdem, Inc. to the State of Florida
as same is recorded in Deed Book 838, Page 25,
Public Records of Palm Beach County, Florida
with the northerly right-of-way of Palmetto Road
as shown on the Plat of Kesley City (now Lake
Park) as same is recorded in Plat Book 8, Page 35,
Public Records of Palm Beach County, Florida,
and from said point of intersection run (for con-
venience the said northerly right-of-way line of
Palmetto Road is assumed to bear North 59°57'15"
West and all other bearings mentioned herein are
relative thereto). North 89°57'15" West running
along the said northerly right-of-way line a dis-
tance of 468.28 feet; thence North 7°27'45" West,
a distance of 247.44 feet; thence South 88°43'22"
West a distance of 249.34 feet to a point in a line
parallel with and one foot westerly from (mea-
sured at right angles to) the westerly wall of the
Truck Wall so called at the westerly end of the
J.M. Fields Store Building, so called; thence North
01°19'04" West, along said parallel line, a dis-
CHARTER
tance of 152.42 feet, more or less, to a point in the
westerly extension of the North face of the South
wall of the Garden Shop so called, said Garden
Shop located in the Northwesterly corner of the
said J.M. Fields Store Building; thence North
88°40'58" East along the just said westerly exten-
sion and along the just said North face of the
South wall a distance of 41 feet, more or less, to a
point in the West face of the East wall of said
Garden Shop; thence North 01°19'04" West run-
ning along the just said West face of the East wall
and the northerly extension thereof a distance of
120.27 feet, more or less to a point in the face of
the curb, said curb being 20.26 feet northerly
from and parallel with the face of the North wall
of said building; thence North 88°40'56" East
running along the said face of the curve and its
Easterly extension of a distance of 537.31 feet,
more or less, to a point in the said westerly
right-of-way line of State Road No. 5, said point
being also a point on a curve concave to the West,
having a radius of 11384.22 feet and whose tan-
gent passing through said point bears South
10°13'29" East; thence southerly running along
the arc of the just described curve and along the
said westerly right-of-way line subtending a cen-
tral angle of 01°48'07", a distance of 358.34 feet,
more or less, to the end of said curve; thence
South 81°34'38" West running along a line radial
to the just described curve and radial to the next
described curve and continuing along said west-
erly right-of-way line a distance of 5 feet to a point
in a curve concave to the West, being concentric
with the last described curve and having a radius
of 11389.22 feet; thence southerly running along
the arc of the just described curve and continuing
along the said westerly right-of-way line; subtend-
ing a central angle of 00°25'22", a distance of
84.04 feet to the end of said curve; thence south
08°00'00" East along the westerly right-of-way
line a distance of 91.77 feet, more or less, to the
POINT OF BEGINNING.
TRACT II
A parcel of land lying in Section 21, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida, being more particularly described as follows:
Commence at the intersection of the Westerly
Right-of-way line of State Road No. 5, as de-
§1
scribed in Deed from Tasdem, Incorporated to the
State of Florida, recorded in Deed Book 838, Page
25, Public Records of Palm Beach County, Florida,
with the Northerly right-of-way line of Palmetto
Road, as shown on the Plat of Kelsey City (now
Lake Park), recorded in Plat Book 8, Page 35,
Public Records of Palm Beach County, Florida;
thence Westerly, along said Northerly right-of-
way line, a distance of 488.28 feet to a point on a
portion of the Westerly boundary of that certain
parcel of land described in Official Records Book
3343, Page 1786, Public Records of Palm Beach
County, Florida, and the point of beginning of the
hereinafter described parcel; thence Northerly
along said Westerly boundary, making an angle
with the preceding course, measured from East to
North of 87°30'30", a distance of 247.44 feet to a
point thence Westerly, making an angle with the
preceding course, measured from South to West of
96°11'07", a distance of 208.80 feet to the of the
Easterly boundary of that certain parcel of land
described in Official Records Book 3259, Page
278, Public Records of Palm Beach County, Flor-
ida; thence Southerly, along said Easterly bound-
ary, making an angle with the preceding course,
measured from East to South of 89°58'58", a
distance of 240.58 feet to a point on said North-
erly right-of-way line, making an angle with the
preceding course, measured from North to East of
91°20'25", a distance of 235.45 feet to the point of
beginning.
Parcel A:
A parcel of land lying in Section 17, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida, more particularly described as follows:
Commencing at the point of intersection of the
easterly right-of-way line of the Florida East
Coast Railroad with the westerly extension of the
southerly right-of-way line of Richard Road as
said right-of-way is shown on the plat of Kelsey
Acres, as recorded in Plat Book 22, Page 16,
Public Records of Palm Beach County, Florida;
thence south 20°55'46" east along the easterly
right-of-way line of the Florida East Coast Rail-
road (the easterly right-of-way line of the Florida
East Coast Railroad is assumed to bear south
20°55'48" east and all other bearings stated herein
are relative thereto) a distance of 530.00 feet to
Supp. No. 29 9
§ 1 NORTH PALM BEACH CODE
the point of beginning of the hereinafter described
parcel; thence continue south 20°56'48" east along
said right-of-way line, a distance of 465.00 feet;
thence north 68°01'45" east, a distance of 217.03
feet to the point of intersection with the east line
of northeast quarter of the southwest quarter of
the southwest quarter of said section 17; thence
north 01°33'28" east along said east line, a dis-
tance of 157.90 feet to the point of intersection
with the westerly right-of-way line of state road
alternate a-1-a, as shown on road plat Book 6,
Pages 180 through 187, Public Records of Palm
Beach County, Florida, said point lying on a curve
concave to the west, having a radius of 6195.45
feet, a central angle of 03°07'42" and a radial
bearing at this point of north 86°59'21" east;
thence northerly along the arc of said curve and
said westerly right-of-way line, a distance of 338.27
feet; thence departing said right-of-way line south
64°04'34" west, a distance of 258.88 feet to the
point of beginning.
Containing in all 2.85 acres. 124,146.0+/- square
feet
Subject to easements and rights -of -way of record.
Parcel B:
A parcel of land lying in the southwest quarter of
Section 17, Township 42 south, Range 43 east,
Palm Beach County, Florida, lying easterly of the
Florida East Coast Railroad and westerly of the
westerly right-of-way line of State Road Alternate
A1A, being more particularly described as fol-
lows:
Commencing at the southeast corner of the south-
west quarter of said Section 17; thence north
88°29'38" west along the south line of said Section
17 (the south line of said Section 17 is assumed to
bear north 88°29'38" west and all other bearings
stated herein are relative thereto), a distance of
733.66 feet to a point on the baseline of survey for
State Road Alternate A1A as shown on Road Plat
Book 8, Pages 180 through 187, Public Records of
Palm Beach County, Florida; thence north 20°60'16"
west along said baseline a distance of 1184.25 feet
to a point; thence south 69°09'44" west a distance
of 55.00 feet to the point of curvature of a curve
concave to the southwest, having a radius of
6195.45 feet and a central angle of 00°15'19";
thence northwesterly along the arc of said curve
and westerly right-of-way line of State Road Al-
ternate A1A, a distance of 27.60 feet to the point
of beginning of the hereinafter described parcel;
thence continuing along the arc of said curve and
right-of-way through a central angle of 01°54'58",
an arc distance of 207.19 feet to the point of
intersection with the west line of the southeast
quarter of the southwest quarter of said section
17, having a radial bearing at this point of south
66°59'21" west; thence south 01°33'29" west along
said west line, a distance of 224.02 feet to a point;
thence north 69°09'44" east, a distance of 89.75
feet to the point of beginning.
Containing in all 0.2161 acres 9,413.3 +/- square
feet
Subject to easements and rights -of -way of record.
Parcel "C": A parcel of land in the Southwest
Quarter of Section 17, Township 42 South, Range
43 East, Palm Beach County, Florida, more par-
ticularly described as follows:
Commencing at the intersection of the Easterly
right-of-way line of Florida East Coast Railway
and the Westerly extension of the Southerly right-
of-way line of Richard Road as said right-of-way is
shown on Plat of Kelsey Acres recorded in Plat
Book 22, page 16, Public Records of Palm Beach
County, Florida; thence Southerly along said East-
erly right-of-way line of the F.E.C. Railway a
distance of 995.00 feet to the Point of Beginning;
thence Southerly along said Easterly right-of-way
line of the F.E.C. Railway a distance of 156.93
feet; thence in a Northeasterly direction along the
line making an angle with the preceding course,
measured from North to East of 90°01'09" a
distance of 148.06 feet to a point on the East line
of the Northeast Quarter of the Southwest Quar-
ter of the Southwest Quarter of Section 17, thence
North along said East line a distance of 174.20
feet to a point, thence in a Southwesterly direc-
tion along the line making an angle with the
preceding course measured from South to West of
66°21'06", a distance of 215.08 feet to the point of
beginning.
PARCEL I: A parcel of land in Section 17, Town-
ship 42 South, Range 43 East, more particularly
described as follows:
Beginning at a point in the westerly right-of-way
line of State Road A1A, formerly State Road 176,
Supp. No. 29 10
CHARTER
said westerly right-of-way line being herein as-
sumed to be a line parallel to and 40 feet westerly
from the centerline of said road, and also being
parallel to and 7 feet westerly from the westerly
right-of-way line of said road, as per Plat of
Rivard Subdivision, as recorded in Plat Book 21,
page 12, and said point of beginning being 1145.6
feet northerly, measured along said right-of-way
line, from the South line of said Section 17; thence
westerly, at right angles to the preceding course,
128.06 feet, more or less, to a point in the westerly
line of the Southeast Quarter of the Southwest
Quarter of said Section 17; thence northerly along
said westerly line, 54.15 feet, more or less, to a
point in a line parallel to, and 50 feet northerly
from, measured at right angles to, the South line
of the herein described parcel, thence easterly
along said parallel line, 107 feet more or less, to a
point in said westerly right-of-way line of State
Road A1A; thence southerly along said westerly
right-of-way line, 50 feet, more or less, to the
point of beginning.
PARCEL II: A parcel of land in Section 17, Town-
ship 42 South, Range 43 East, more particularly
described as follows:
Beginning at a point in the westerly right-of-way
line of State Road A1A, formerly State Road 176,
said westerly right-of-way line being herein as-
sumed to be a line parallel to and 40 feet westerly
from the centerline of said road, and also being
parallel to, and 7 feet westerly from the westerly
right-of-way line of said road, Plat of Rivard
Subdivision, Plat Book 21, Page 12, and said point
of beginning being 1095.6 feet northerly, mea-
sured along said right-of-way line, from the South
line of said Section 17, then northerly along said
westerly right-of-way line 50 feet; then westerly
at right angles to the preceding course, 128.06
feet, more or less, to a point in the westerly line of
the Southeast Quarter of Southwest Quarter of
said Section 17; then southerly along said west-
erly line, 53.96 feet, more or less to a point in a
line parallel to, and 50 feet southerly from, mea-
sured at right angles to, the north line of the
herein described parcel, thence easterly along
said parallel line 144 feet, more or less, to a point
of beginning.
Supp. No. 53
10.1
§1
Subject to restrictions, reservations, easements
and covenants of record, if any, to the extent that
same are valid and enforceable.
Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT
NO. 2 (LESS AND EXCEPT that land taken or
conveyed to the Department of Transportation for
Highway Purposes as shown on Road Plat Book 4,
page 22 and as appear in instruments recorded in
Official Record Book 3538, page 1834 and in
Official Record Book 3543, page 332), according to
the plat thereof on file in the Office of the Clerk of
the Circuit court in and for Palm Beach County,
Florida, as in Plat Book 24, page 47.
Lot 47, KELSEYACRES # 2, according to the Plat
thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 24, Page 47, less
and except the following described property con-
veyed to the State of Florida by instrument re-
corded at Official Record Book 3697, Page 355 of
Official Records of Palm Beach County, Florida:
Commence at the Northwest corner of said Lot 47,
thence South 38°22'23" West along the Westerly
line of said Lot 47, a distance of 68.64 feet to the
POINT OF BEGINNING; thence continue South
38°22'23" West along said Westerly line a distance
of 29.69 feet to a point on a curve concave South-
westerly having a tangent bearing of South
36°18'02" East through said point; thence south-
easterly along said curve having a radius of
5769.58 feet, through an angle of 01°27'35" an arc
distance of 146.99 feet to the Southeast corner of
said Lot 47; thence North 50°46'22" East along
the Easterly line of said Lot 47 a distance of 25.83
feet to a point on a curve concave Southwesterly
and having a tangent bearing of North 33°50'47"
West through said point; thence Northwesterly
along said curve having a radius of 6305.45 feet
through an angle of 01°23'44" an arc distance of
153.58 feet to the POINT OF BEGINNING.
A parcel of land in the southwest quarter of
Section 17, Township 42 South, Range 43 East,
Palm Beach County, more particularly described
as follows:
Beginning at the intersection of the easterly right-
of-way line of the Florida East Coast Railroad and
the westerly extension of the southerly right-of-
way line of Richard Road as said right-of-way is
§ 1 NORTH PALM BEACH CODE
shown on the plat of Kelsey Acres recorded in Plat
Book 22, Page 16, Public Records of Palm Beach
County, Florida; thence southerly along the east-
erly right-of-way llne of the F.E.C. Railroad a
distance of 530.00 feet; thence easterly making an
angle with the preceding course measured from
North to East of 85°00'20", a distance of 271.47
feet, more or less, to the westerly right-of-way line
of State Road A-1-A, said right-of-way line being
also the arc of a curve concave to the Southwest
and having a radius of 5689.58 feet; thence north-
westerly, along the arc of said curve and the
westerly right-of-way line of state road A-1-A,
through an angle of 4°14' 13" a distance of 430.73
feet to the said westerly extension of the south-
erly right-of-way line of Richard Road; thence
westerly along said westerly extension a distance
of 232.47 feet to the point of beginning. Less
additional right-of-way acquired by the depart-
ment of transportation in that order of taking
recorded in Official Record Book 3666, Page 141.
Exhibit "A"
LEGAL DECRIPTION
PARCEL A
That portion of the south 271.54 feet of the
Northwest 1/4 of the southwest 1/4 of Section 17,
Township 42 South, Range 43 East, Palm Beach
County, Florida, lying between the Easterly Right
of Way line of Old Dixie Highway and the West-
erly Right of Way line of the Florida East Coast
Railroad. LESS and EXCEPT that portion con-
veyed to Palm Beach County in Official Record
Book 5487, page 757, Public Records of Palm
Beach County, Florida.
PARCEL B
That portion of the Northwest 1/4 of the Southwest
1/4 of Section 17, Township 42 South, Range 43
East, Palm Beach County, Florida, lying South of
the Southerly Right of Way line of Richard Road,
between the Easterly Right of Way line of Old
Dixie Highway and the Westerly Right of Way
line of the Florida East Coast Railroad, LESS
there from the South 271.54 feet, LESS and
EXCEPT that portion conveyed to Palm Beach
County in Official Record Book 5487, page 757,
Public Records of Palm Beach County, Florida.
Supp. No. 53 10.2
This property is vacant land and is no part of the
homestead of the Grantor herein.
Exhibit "A"
LEGAL DECRIPTION
Parcel 1
That portion of the Southwest 1/4 of the South-
west 1/4 of the Northwest 1/4; and that portion of
the Northwest 1/4 of the Northwest 1/4 of the
Southwest 1/4, less the south 10.0 feet thereof, of
Section 17, Township 42 South, Range 43 East,
lying between the Florida East Coast Railroad
right of way on the east and a County Road, 40
feet wide, (Old Dixie Highway) on the west, in
Palm Beach County, Florida; and being more
particularly described as follows:
Beginning at a point where the Westerly right of
way line of the Florida East Coast Railroad inter-
sects the West line of Section 17, Township 42
South, Range 43 East; said point being 382.05
Feet North of the West Quarter Corner of said
Section 17; run thence along the following num-
bered courses:
1. Along the West line of Section 17, S.
1°34'38"W. 45.62 Feet; Thence
2. S. 39°32'25"E. 216.07 Feet; Thence
3. S. 31°52'20"E. 478.43 Feet; Thence
4. S. 14°56'36"E. 443.52 Feet to the North
line of a public right of way 20.0 feet wide,
known as Richard Road; Thence
5. Along said North Right of Way line S.
88°17'20"E. 85.92 Feet to the West Right
of Way line of the Florida East Coast
Railroad; Thence
6. Along said West Right of Way line N.
20°54'37" W. 368.10 Feet to the beginning
of a curve to the left, having a radius of
1859.96 Feet; Thence
7. Along the arc of said curve 604.77 Feet,
through a central angle of 18°37'48" to the
Point of Tangent; Thence
8. Along the Tangent N. 39°32'25"W. 250.45
Feet to the Point of Beginning.
Parcel Control Number: 00-43-42-17-00-00-000-
3030
CHARTER
Parcel 2
The part of the Southwest 1/4 of the Northwest
1/4 lying west of Old Dixie Highway, LESS the
South 110 feet of Section 17, Township 42 South,
Range 43 East, Palm Beach County, Florida.
Also described as:
ALL that part of the Northwest one -quarter of
Section Seventeen, Township Forty-two South,
Range Forty-three east, lying south and west of
the Old Dixie Highway, as originally constructed,
along the west side of the Florida East Coast
Railroad, except the south one hundred and ten
feet thereof, which is reserved to the grantors
herein.
Parcel Control Number: 00-43-42-17-00-000-3100
Parcel 3
The Southwest Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section 18, Township 42
South, Range 43 East, Palm Beach County, Flor-
ida, lying west of Old Dixie Highway and South-
east of Canal C-17, less the south 150 feet thereof
and less parcel described in Official Record Book
712, Page 163 and Official Record Book 4503,
Page 1421, both of the Public Records of Palm
Beach County, Florida.
Parcel Control Number: 00-43-42-17-00-000-1030
Parcel 4
A parcel of land in the Northeast quarter (NE 1/4)
of Section 18, Township 42 South, Range 43 East,
Palm Beach County, Florida. Being more partic-
ularly described as follows:
Commencing at the Southeast corner of said North-
east quarter (NE 1/4) of Section 18; thence North
01°34'38" East along the East line of said North-
east quarter (NE 1/4) a distance of 150.24 feet;
thence North 88°25'22" West departing said east
line a distance of 150.23 feet to the Point of
Beginning of the hereinafter described parcel of
land; thence North 88°25'22" West of distance of
295.23 feet to a point on the Southeasterly right-
of-way line of the C-17 canal as shown on South
Florida Water Management District Right -of -Way
Map No. C-17-13 Sheet 5 of 6. Said point being on
a curve concave to the Southeast with a radius of
800.00 feet and a radial bearing at this point of
Supp. No. 53
10.3
§1
South 42°56'51" East; thence Northeasterly along
the arc of said curve and said right-of-way line
through a central angle of 19°43'52" a distance of
275.50 feet; thence South 22°34'12" East depart-
ing said right-of-way line a distance of 170.46 feet
to the Point of Beginning.
Together with a 20 foot wide ingress and egress
easement being more particularly described as
follows:
Commencing at the Southeast corner of said North-
east quarter (NE 1/4) of said Section 18; thence
North 01°34'38" East along the East line of said
Northeast quarter (NE 1/4) a distance of 150.24
feet; thence North 88°25'22" West departing said
East line a distance of 150.23 feet to a point on the
easterly line of the above described parcel of land;
thence North 22°34'12" West along said Easterly
line a distance of 170.46 feet to the Point of
Beginning of the hereinafter described easement;
thence continue North 22°34'12" West of distance
of 20.00 feet to a point on the said Southeasterly
right-of-way line of the C-17 Canal said point
being on a curve concave to the Southeast with a
radius 800.00 feet and a central angle of 3°40'57";
thence Northeasterly along the arc of said curve
and said right-of-way line a distance of 51.42 feet
to a point of tangency; thence North 70°27'58"
East of distance of 108.89 feet to a point in the
westerly right-of-way line of Old Dixie Highway
according to the minutes of the Board of County
Commissioners of February 6, 1917, Page 107;
thence South 39°34'33" East along said right-of-
way line a distance of 21.29 feet; thence South
70°27'58" West departing said right-of-way line a
distance of 116.19 feet to a point of curve concave
to the Southeast having a radius of 780.00 feet
and a central angle of 3°41'57"; thence Southwest-
erly along the arc of said curve a distance of 50.36
feet to the Point of Beginning.
Parcel Control Number: 00-43-42-18-00-000-1050
Parcel 5
Parcel No. One: From the Southeast corner of the
Southeast 1/4 of the North 1/4 of Section 18,
Township 42 South, Range 43 East, run North
88°26'55" West along the South line of the South-
east 1/4 of the Northeast 1/4 of said Section 18, a
distance of 210 feet to the Southwest corner of the
§ 1 NORTH PALM BEACH CODE
parcel conveyed to Vernon G. Luckey, et ux, by
deed recorded in Official Record Book 2003, Page
1841, being the Point of Beginning: thence North-
erly and along the western line of said parcel
conveyed to Vernon G. Luckey, et ux, a distance of
149.97 feet; thence North 88°28'50" West, a dis-
tance of 93.0 feet; thence Southerly, parallel with
the West line of said parcel conveyed to Vernon G.
Luckey, et ux, a distance of 149.92 feet to the
intersection with the South line of said Southeast
1/4 of the Northeast 1/4 of said Section 18; thence
easterly along said south line a distance of 93.0
feet to the Point of Beginning.
Parcel No. Two: From the Southeast corner of the
Southeast 1/4 of the Northeast 1/4 of Section 18,
Township 42 South, Range 43 East, run North
38°26'55" West along the South line of the South-
east 1/4 of the Northeast 1/4 of said Section 18, a
distance of 303.0 feet to the Point of Beginning;
thence Northerly and parallel with the western
line of the parcel conveyed to Vernon G. Luckey, et
ux, by deed recorded in Official Record Book 2003,
Page 1841, a distance of 149.92 feet; thence North
88°28'50" West, a distance of 142.01 feet to a point
on the Southerly right-of-way of Canal C-17 of the
Central and Southern Florida Flood Control Dis-
trict as described in Deed Book 1075, Page 360;
thence Southwesterly along the arc of a curve
concave to the Southeast, having a radius of 800.0
feet a distance of 192.32 feet (chord 191.96) to the
intersection of said curve with the South line of
said Southeast 1/4 of the Northeast 1/4 of said
Section 18; thence Easterly along said South line
a distance of 262.28 feet to the Point of Beginning.
PARCEL ONE & TWO being subject to and to-
gether with rights of ingress and egress over and
across the following described easements
Together with the following easements for ingress
and egress:
1. Right of way and easement over the North
30 feet of the East 256.55 feet of the
parcel of land described in Deed recorded
in Official Record Book 2003, Page 1841.
2. Easement for access over the North 20
feet of the South 170 feet of the East 150
feet of the Southeast 1/4 of the Northeast
1/4 of Section 18, Township 42 South,
Range 43 East.
Supp. No. 53 10.4
3. Easement for access over the following
described parcel:
Commencing at the Southeast corner of the South-
east 1/4 of the Northeast 1/4 of Section 18, Town-
ship 42 South, Range 43 East; thence North along
the East line of said Section a distance of 170 feet;
thence West along the North line of a 20 foot
easement a distance of 150 feet to the Point of
Beginning; thence West on a westerly projection
of the last described line, a distance of 15 feet
more or less to the east line of the parcel of land
conveyed to Hykel N. Sarkes, et ux, by deed
recorded in Deed Book 1090, Page 450; thence
Southeasterly along the east line of said Sarkes
parcel a distance of 25 feet, more or less to the
Southwest corner of said 20 foot easement; thence
North along the West line of said 20 foot easement
a distance of 20 feet to the Point of Beginning.
4. Easement for access over the following
described parcel:
Commencing at the Southeast corner of the South-
east 1/4 of the Northeast 1/4 of Section 18, Town-
ship 42 South, Range 43 East; thence north along
the East line of said Section a distance of 150 feet
to the South line of a 20 foot easement; thence
West along the south line of a 20 foot easement a
distance of 150 feet to the Point of Beginning, said
point being the Southeast corner of the parcel of
land conveyed to Hykel N. Sarkes, et ux, by deed
recorded in Deed Book 1090, Page 453; thence
West along the South line of said Sarkes parcel a
distance of 20 feet, thence North, parallel to the
East line of said Section 18, a distance of 20 feet;
thence East 18 feet more or less to the East line of
said Sarkes parcel; thence Southeasterly along
said East line of the Sarkes parcel to the Point of
Beginning.
5. An easement for access described as fol-
lows:
From the Southeast corner of the Southeast 1/4 of
the Northeast 1/4 of Section 18, Township 42
South, Range 43 East, run thence North 1°35'20"
East along the East line of said Section 18 a
distance of 170 feet to the Point of Beginning;
thence continue Northerly on the same course to a
point in the Southwesterly right of way line of the
Old Dixie Highway; thence run Northwesterly
along said Southwesterly right of way line to a
CHARTER § 1
point which is 20 feet West of measured at right
angles to, the East line of said Section 18; thence
run South, parallel to the East line of said Section
18, to a point 170 feet North of the South line of
the Southeast 1/4 of the Northeast 1/4 of said
Section 18, thence run east 20 feet to the Point of
Beginning.
PARCEL ONE AND PARCEL TWO ARE ALSO
KNOWN AS THE FOLLOWING DESCRIBED
PROPERTY
A Parcel of land in Section 18, Township 42 South,
Range 43, East, more particularly described as
follows:
From the Southeast corner of the Southeast 1/4 of
the Northeast 1/4 of Section 18, Township 42
South, Range 43 East, continue Westerly along
the south line of the Southeast 1/4 of the North-
east 1/4 (a/k/a 1/4 Section Line) North 88°39'20"
West, 210.00 feet to the Point of Beginning of said
parcel; (Point of Beginning); thence North 88°39'20"
West, 356.50 feet to the Southeasterly right of
way of the C-17 canal; thence North 40°21'04"
East, 192.82 feet along the chord of a curve and
the Southeasterly right of way of the C-17 Canal,
having a radius of 800 feet, a length of 193.29 feet,
and a delta angle of 13°50'36" to the Northwest
corner of said parcel; thence South 88°41'14"
East, 235.23 feet along the North line of said
parcel; thence South 01°22'56" West, 149.97 (feet)
to the Point of Beginning of said parcel.
Parcel Control Number: 00-43-42-18-00-000-1060
Parcel 6
The following property in PALM BEACH County,
Florida:
A parcel of land in the Southeast quarter (SE 1/4)
of the Northeast quarter (NE 1/4) of Section 18,
Township 42 South, Range 43 East, Palm Beach
County, Florida, described as follows:
From the Southeast corner of the Southeast quar-
ter (SE 1/4) of the Northeast quarter (NE 1/4) of
Section 18, Township 42 South, Range 43 East.
Run North 88°26'55" West along the South line of
said Southeast quarter (SE 1/4) of the Northeast
quarter (NE 1/4) of Section 18, a distance of 150
feet to the Point of Beginning; thence North
1°35'20" East parallel to the East line of Section
Supp. No. 53
10.5
18, a distance of 150 feet; thence North 88°28'50"
West a distance of 60 feet to a point: thence
Southerly, parallel to the east line of Section 18, a
distance of 150.04 feet to a point; thence Easterly
along the South line of the said Southeast quarter
(SE 1/4) of the Northeast quarter (NE 1/4) of
Section 18, a distance of 60 feet to the Point of
Beginning. Also an easement for access over the
North 20 feet of the South 170 feet of the East 150
feet of the said Southeast quarter (SE 1/4) of the
Northeast quarter (NE 1/4) of Section 18; also an
easement for access as described in Deed Book
1117, Pages 281 and 284. Public Records of Palm
Beach County, Florida.
Parcel Control Number: 00-43-42-18-00-000-1200
Parcel 7
Beginning at the Southeast corner of the South-
east 1/4 of the Northeast 1/4 of Section 18, Town-
ship 42 South, Range 43 East, as a Point of
Beginning; thence North along the Easterly sec-
tion line a distance of 150 feet; thence Westerly
parallel to the Southerly boundary of this section
line a distance of 150 feet; thence Southerly
parallel to the Eastern section line a distance of
150 feet; thence easterly to the Point of Begin-
ning.
Parcel Control Number: 00-43-42-18-00-000-1040
(Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95,
2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96,
8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No.
16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1,
9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004,
§§ 1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh.
A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord.
No. 2007-05, § 2, 3-8-07; Ord. No. 2008-10, § 2(Exh.
A), 9-11-08; Ord. No. 2010-05, § 2(Exh. A), 3-11-
10; Ord. No. 2010-18, § 2(Exh. A), 10-28-10)
ARTICLE III. LEGISLATIVE
Section 1. Village council; powers and com-
position.
There shall be a village council with all legis-
lative powers of the village vested therein consist-
§ 1 NORTH PALM BEACH CODE
ing of five (5) members who shall be electors of the
village, who shall be elected by the electors of the
village.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Election and terms.
On the second Tuesday in March of each year a
general election shall be held to elect members of
the village council. The selection of members of
the village council shall be by groups to be known
as Groups 1, 2, 3, 4 and 5. The councilmen in
Groups 1, 3 and 5 shall be elected in the even
years and councilmen in Groups 2 and 4 shall be
elected in the odd years. The term of office of a
councilman shall commence upon his election and
qualification and shall continue for two (2) years
thereafter and until his successor is elected and
qualified; provided, however, that the terms of
office of those councilmen whose terms expire in
March of 1981 and March of 1982 shall be short-
ened by a period of one week.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1,
10-9-80)
Section 3. Mayor.
The council shall elect from among its mem-
bers a mayor, a vice mayor, and a president pro
tem to serve at the pleasure of the council. Elec-
tion of the mayor, vice mayor and president pro
tem shall be done annually at the first (1st)
regular council meeting after the village election.
The mayor shall preside at meetings of the coun-
cil, shall be recognized as head of village govern-
ment for all ceremonial purposes, by the governor
for purposes of military law, for service of process,
execution of contracts, deeds and other docu-
ments, and as the village official designated to
represent the village in all agreements with other
governmental entities or certifications to other
governmental entities, but shall have no admin-
istrative duties except as required to carry out the
responsibilities herein. The vice mayor shall act
as mayor during the absence or disability of the
mayor. The president pro tem shall preside at
council meetings in the absence of the mayor and
vice mayor.
The mayor shall have power, for sufficient
cause, to suspend any Village officer or official
Supp. No. 53 10.6
appointed by the council. In case of the suspen-
sion of any such person, the mayor shall, within
fifteen (15) days thereafter, deliver to the village
clerk, or his deputy, a specification in writing of
the charges preferred to the officer suspended;
and it shall be the duty of said clerk to present
such charges to the council at its next meeting
following the receipt of such charges by him.
Thereafter the council shall proceed to hear and
determine the said charges after reasonable no-
tice of such hearing to the suspended officer, who
shall be given an opportunity to be heard with his
witnesses. If upon such hearing the charges pre-
ferred against such officer shall not be sustained
by the council, the officer shall be thereby imme-
diately restored to office unless the council shall
decide to terminate the services of such officer for
other cause, or without cause.
In the event that any village officer shall be
suspended by the mayor as herein provided, the
mayor shall have power to appoint some person or
some other officer of the Village temporarily to
perform the duties of the officer suspended, until
the charges against such suspended officer are
heard and determined by the council.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Compensation and expenses.
The council may determine the annual salary
of council members by ordinance, but no ordi-
nance increasing such salary shall become effec-
tive until the date of commencement of the terms
of the council members elected at the next regular
election, provided that such election follows the
adoption of such ordinance by at least six (6)
months.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Vacancies; forfeiture of office; fill-
ing of vacancies.
(a) Vacancies. The office of a council member
shall become vacant upon his death, resignation,
removal from office in any manner authorized by
law or forfeiture of his office, such forfeiture to be
declared by the remaining members of the coun-
cil.
CHARTER §7
(b) Forfeiture of office. A council member shall
forfeit his office if he lacks at any time during his
term of office any qualification for the office pre-
scribed by this charter or by law.
(c) Filling of vacancies. A vacancy of the coun-
cil shall be filled in one of the following ways: (1)
If there are less than six (6) months remaining in
the unexpired term or if there are less than six (6)
months before the next regular village election,
the council by a majority vote of the remaining
members shall choose a successor to serve until
the newly elected council member is qualified. (2)
If there are more than six (6) months remaining
in the unexpired term and no regular village
election is scheduled within six (6) months, the
council shall fill the vacancy on an interim basis
as provided in (1), and shall schedule a special
election to be held not sooner than sixty (60) days,
nor more than ninety (90) days following the
occurrence of the vacancy and if a runoff election
is necessary, it shall be scheduled two (2) weeks
after the special election. Notwithstanding any
quorum requirements established herein, if at
any time the membership of the council is reduced
to less than a quorum, the remaining members
may by majority vote, appoint additional mem-
bers under either (1) or (2) above.
(d) Extraordinary vacancies. In the event that
all members of the council are removed by death,
disability, law or forfeiture of office, the governor
shall appoint an interim council that shall call a
special election as provided in (c) above and such
election shall be held in the same manner as the
first (1st) election under this charter.
(e) Vacancies when no candidates. There may
be an occasion when there are no candidates for a
normal council vacancy at the time of a regularly
scheduled or special election. In the event this
occurs, a majority of the council shall fill the
vacancy as noted in (c)(1) above and shall sched-
ule any necessary election as noted in (c)(2) above.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 33-2002, § 1,
12-12-02; Ord. No. 2015-06, § 2, 4-9-15)
Editor's note —Ord. No. 33-2002, was passed by vote in
an election held March 11, 2003.
Section 6. Prohibitions.
(a) Appointment and removals. Neither the
council nor any of its members shall in any
manner dictate the appointment or removal of
Supp. No. 61
11
any village administrative officers or employees
whom the manager or any of his subordinates are
empowered to appoint, but the council may ex-
press its views and fully and freely discuss with
the manager anything pertaining to appointment
and removal of such officers and employees.
(b) Interference with administration. Except
for the purpose of inquiries and investigations,
the council or its members shall deal with village
officers and employees who are subject to the
direction and supervision of the manager solely
through the manager, and neither the council nor
its members shall give orders to any such officer
or employee, either publicly or privately. Nothing
in the foregoing is to be construed to prohibit
individual members of the council from closely
scrutinizing by questions and personal observa-
tion, all aspects of village government operations
so as to obtain independent information to assist
the members in the formulation of sound policies
to be considered by the council. It is the express
intent of this charter, however, that recommenda-
tions for improvement in village government op-
erations by individual council members be made
to and through the village manager, so that the
manager may coordinate efforts of all village
departments to achieve the greatest possible sav-
ings through the most efficient and sound means
available.
(c) Holding other office. No former elected vil-
lage official shall hold any compensated appoint-
ive village office or employment until one (1) year
after the expiration of the term for which he was
elected.
(Ord. No. 1-76, § 1, 2-19-76)
Section 7. Turnover of documents.
It shall be the duty of every officer of the village
within ten (10) days after the expiration of his
term of office or of his removal therefrom, to
deliver to his successor in office, or to such person
as the council may designate, all books, records,
papers, vouchers and property of every kind in his
possession or control, belonging to the municipal-
ity.
(Ord. No. 1-76, § 1, 2-19-76)
§ 8 NORTH PALM BEACH CODE
Section 8. Council -appointed officials.
The council shall have power to employ and
retain engineers, judges, prosecutors, accoun-
tants and attorneys. The council shall have the
power to create and abolish all offices and fix and
determine the authority, duties and compensation
of all appointed officers, assistants and employ-
ees.
(Ord. No. 1-76, § 1, 2-19-76)
Section 9. Procedure.
(a) Meetings. The council shall meet regularly
at least once in every month at such times and
places as the council may prescribe by rule. Spe-
cial meetings may be held on the call of the mayor
or of a majority of the members and, whenever
practicable, upon no less than forty-eight (48)
hours' notice to each member and the public.
(b) Rules and journal. The council shall deter-
mine its own rules and order of business.
(c) Voting. Voting, on ordinances and resolu-
tions, shall be recorded in the journal. A majority
of the council shall constitute a quorum; but a
smaller number may adjourn from time to time
and may compel the attendance of absent mem-
bers in the manner and subject to the penalties
prescribed by the rules of the council. No action of
the council except as otherwise provided in the
preceding sentence and in § 5, shall be valid or
binding unless adopted by the affirmative vote of
the majority of a quorum present, and no ordi-
nance or resolution shall be adopted unless by the
affirmative vote of at least three (3) council mem-
bers.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 34-2002, § 1,
12-12-02)
Editor's note —Ord. No. 34-2002, was passed by vote in
an election held March 11, 2003.
Section 10. Initiative and referendum.
(a) (1) Initiative. The qualified voters of the
village shall have power to propose ordi-
nances to the council and, if the council
fails to adopt an ordinance so proposed
without any change in substance, to adopt
or reject it at a village election, provided
that such power shall not extend to the
budget or capital program or any ordi-
Supp. No. 61 12
nance relating to appropriation of money,
levy of taxes or salaries of village officers
or employees.
(2) Referendum. The qualified voters of the
village shall have power to require recon-
sideration by the council of any adopted
ordinance and, if the council fails to re-
peal an ordinance so reconsidered, to ap-
prove or reject it at a village election,
provided that such power shall not extend
to the budget or capital program or any
emergency ordinance or ordinance relat-
ing to appropriation of money, levy of
taxes or salaries of village officers or em-
ployees.
(b) Commencement of proceedings. Any five (5)
qualified voters may commence initiative or ref-
erendum proceedings by filing with the village
clerk or other official designated by the council an
affidavit stating they will constitute the petition-
ers' committee and be responsible for circulating
the petition and filing it in proper form, stating
their names and addresses and specifying the
address to which all notices to the committee are
to be sent, and setting out in full the proposed
initiative ordinance or citing the ordinance sought
to be reconsidered.
Promptly after the affidavit of the petitioners'
committee is filed, the clerk or other official des-
ignated by the council may, at the committee's
request, issue the appropriate petition blanks to
the petitioners' committee at the committee's ex-
pense.
(c) Petitions.
(1) Number of signatures. Initiative and ref-
erendum petitions must be signed by qual-
ified voters of the village equal in number
to at least fifteen percent (15%) of the
total number of qualified voters regis-
tered to vote at the last regular village
election.
(2) Form and content. All papers of a petition
shall be uniform in size and style and
shall be assembled as one instrument for
filing. Each signature shall be executed in
ink or indelible pencil and shall be fol-
lowed by the address of the person sign-
CHARTER § 10
ing. Petitions shall contain or have at-
tached thereto throughout their circulation
the full text of the ordinance proposed or
sought to be reconsidered.
Supp. No. 61 12.1
CHARTER
(3) Affidavit of circulator. Each paper of a
petition shall have attached to it when
filed an affidavit executed by the circula-
tor thereof stating that he personally cir-
culated the paper, the number of signa-
tures thereon, that all the signatures were
affixed in his presence, that he believes
them to be the genuine signature of the
persons whose names they purport to be
and that each signer had an opportunity
before signing to read the full text of the
ordinance proposed or sought to be recon-
sidered.
(4) Time for filing referendum petitions. Ref-
erendum petitions must be filed within
thirty (30) days after adoption by the
council of the ordinance sought to be re-
considered.
(d) Procedure for filing.
(1) Certificate of clerk; amendment. Within
twenty (20) days after the initiative peti-
tion is filed and twenty (20) days for a
referendum petition, the village clerk or
other official designated by the council
shall complete a certificate as to its suffi-
ciency, specifying, if it is insufficient, the
particulars wherein it is defective and
shall promptly send a copy of the certifi-
cate to the petitioners' committee by cer-
tified mail, return receipt requested.
Grounds for insufficiency are only those
specified in subsection (c). A petition cer-
tified insufficient for lack of the required
number of valid signatures may be
amended once if the petitioners' commit-
tee files a notice of intention to amend it
with the clerk or other official designated
by the council within two (2) days after
receiving the copy of the certificate and
files a supplementary petition upon addi-
tional papers within ten (10) days after
receiving the copy of such certificate. Such
supplementary petition shall comply with
the requirements of subsections (2) and
(3) of Section 10(c), and within five (5)
days after it is filed the clerk or other
official designated by the council shall
complete a certificate as to the sufficiency
of the petition as amended and promptly
Supp. No. 25
13
§ 10
send a copy of such certificate to the
petitioners' committee by certified mail,
return receipt requested, as in the case of
an original petition. If a petition or
amended petition is certified sufficient, or
if a petition or amended petition is certi-
fied insufficient and the petitioners' com-
mittee does not elect to amend or request
council review under subsection (2) of this
section within the time required, the clerk
or other official designated by the council
shall promptly present his certificate to
the council and the certificate shall then
be a final determination as to the suffi-
ciency of the petition.
(2) Council review. If a petition has been
certified insufficient and the petitioners'
committee does not file notice of intention
to amend it or if an amended petition has
been certified insufficient, the committee
may within two (2) days after receiving
the copy of such certificate, file a request
that it be reviewed by the council. The
council shall review the certificate at its
next meeting following the filing of such
request and approve or disapprove it, and
the council's determination shall then be
a final determination as to the sufficiency
of the petition.
(e) Referendum petitions; suspension of effect
of ordinance. When a referendum petition is filed
with the village clerk or other official designated
by the council, the ordinance sought to be recon-
sidered shall be suspended from taking effect.
Such suspension shall terminate when:
(1) There is a final determination of insuffi-
ciency of the petition, or;
(2) The petitioners' committee withdraws the
petition, or;
(3) The council repeals the ordinance, or;
(4) After a vote of the village on the ordinance
has been certified.
(f) Action on petitions.
(1) Action by council. When an initiative or
referendum petition has been finally de-
termined sufficient, the council shall
§ 10 NORTH PALM BEACH CODE
promptly consider the proposed initiative
ordinance in the manner provided in Ar-
ticle III or reconsider the referred ordi-
nance by voting its repeal. If the council
fails to adopt a proposed initiative ordi-
nance without any change in substance
within sixty (60) days or fails to repeal the
referred ordinance within thirty (30) days,
it shall submit the proposed or referred
ordinance to the voters of the village.
(2) Submission to voters. The vote of the
village on a proposed or referred ordi-
nance shall be held not less than thirty
(30) days and not later than sixty (60)
days from the date that the petition was
determined sufficient. If no regular vil-
lage election is to be held within the
period described in this subsection, the
council shall provide for a special election;
except that the council may, in its discre-
tion, provide for a special election at an
earlier date within the described period.
Copies of the proposed or referred ordi-
nance shall be made available at the polls.
(3) Withdrawal of petitions. An initiative or
referendum petition may be withdrawn at
any time prior to the fifteenth (15th) day
preceding the day scheduled for a vote of
the village by filing with the village clerk
or other official designated by the council
a request for withdrawal signed by at
least four (4) members of the petitioners'
committee. Upon the filing of such re-
quest the petition shall have no further
force or effect and all proceedings thereon
shall be terminated.
(g) Results of election.
(1) Initiative. If a majority of the qualified
electors voting on a proposed initiative
ordinance vote in its favor, it shall be
considered adopted upon certification of
the election results and shall be treated in
all respects in the same manner as ordi-
nances of the same kind adopted by the
council. If conflicting ordinances are ap-
proved at the same election, the one re-
Supp. No. 25 14
ceiving the greatest number of affirma-
tive votes shall prevail to the extent of
such conflict.
(2) Referendum. If a majority of the qualified
electors voting on a referred ordinance
vote against it, it shall be considered
repealed upon certification of the election
results.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 35-2002, § 1,
12-12-02)
Editor's note —Ord. No. 35-2002, was passed by vote in
an election held March 11, 2003.
Section 11. Sale of property; referendum re-
quired.
(a) Any disposition of village owned real prop-
erty dedicated or used for parks or recreational
purposes within the corporate limits of the Village
of North Palm Beach; improvements of same by
other than the village government by way of
placing structures thereon; any lease of said real
property by the village as lessor for a period
exceeding five (5) years shall first require a four -
fifths majority vote of the members of the Village
Council and shall further require approval by
vote of 662/3 percent of the Village electors who
vote in a referendum election called and held as
provided by law. This section shall apply to real
property acquired by the Village subsequent to
the date of adoption of this charter, which real
property is dedicated or used for parks or recre-
ational purposes.
(b) The limitation of power to dispose of prop-
erty shall embrace sale, exchange, lease, mort-
gage, pledge, or other encumbrance of such real
property; but shall not embrace abandonment,
gift or donation to a charity of such real property
officially determined to be of no further use to the
Village and 'of nominal sale value or no value.
(c) The parks or recreational property to which
this section presently applies are depicted on the
map of the Village attached hereto and shown by
crosshatching thereon, together with the follow-
ing descriptions for the crosshatched areas: North
Palm Beach Community Center and Park, Anchor-
age Park, Lakeside Park, Osborne Park, North
Palm Beach Country Club, Village Marina and
Herb Watt Recreational Center.
CHARTER §3
(d) This section shall not apply to any struc-
tures on or upon Village owned real property that
exist as of the date of adoption of this Charter
Amendment; no [nor] shall this section apply to
the repair or reconstruction of any such existing
structures; except that this section shall apply to
such structures in the event that said existing
structures shall be abandoned or officially deter-
mined to be of no further use to the Village.
(e) This section shall not apply to any disposi-
tion of Village owned real property, any improve-
ment of same by way of placing structures thereon,
or any lease of said real property by the Village if
the same is required by State or Federal law, or if
required by mandate of any agency or subdivision
or the State or Federal Government with jurisdic-
tion over the Village.
(f) This section shall not apply to the construc-
tion of public utility structures, nor the placement
of underground utility structures including, but
not limited to, water mains, sewer lines, storm
water drainage and other utilities.
(g) This section shall not apply to the construc-
tion of structures deemed necessary by the Vil-
lage for public recreational purposes on Village
owned real property on which public recreational
structures exist as of the date of adoption of this
Charter Amendment.
(Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002,
§ 1, 12-12-02)
Editor's note —Ord. No. 36-2002, was passed by vote in
an election held March 11, 2003.
Section 12. Contracting of village services;
referendum required.
No contract or interlocal agreement shall be
entered into between the Village and a third -
party public or private entity whereby the third
party is to take over the management and per-
form the duties and responsibilities of either the
Public Safety Police, Fire or Emergency Medical
Services Divisions, the Public Services Depart-
ment Administration, Building or Sanitation Di-
visions, Finance Department, Recreation Depart-
ment or Library unless the proposed contract or
interlocal agreement first receives a four -fifths
vote of the Village Council and the approval of
two-thirds of the Village electors who vote in a
Supp. No. 33 15
referendum election called for and held as pro-
vided by law. This section is not intended nor
shall it be construed as a prohibition against the
Village entering into contracts and interlocal agree-
ments with public or private entities for services
and assistance within one or more of the specified
Village departments
(Ord. No. 37-2002, § 1, 12-12-02
Editor's note —Ord. No. 37-2002, was passed by vote in
an election held March 11, 2003.
Editor's note —Ord. No. 2006-24, § 3, adopted Nov. 9,
2006, provided the following: "The duties and responsibilities
of the Public Services Department have been allocated to the
Public Works Department and the Community Development
Department. Consequently, the reference to the Public Ser-
vices Department Administration in § 12 herein shall be
construed to include both the Public Works Department Ad-
ministration and the Community Development Department
Administration, thereby retaining its existing meaning and
avoiding the need for a referendum vote to amend the Charter
to conform to Ordinance No. 2006-23."
ARTICLE IV. ADMINISTRATIVE
Section 1. Village manager.
There shall be a village manager who shall be
the chief administrative officer of the village. The
manager shall be responsible to the council for
the administration of all village affairs placed in
his charge by or under this charter.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Appointment; removal; compen-
sation [of manager].
(a) Appointment. The council shall appoint a
village manager for an indefinite term by a ma-
jority vote of all the council members.
(b) Removal. The council may remove the man-
ager by a majority vote of all the council members
and the manager shall hold office at the pleasure
of the council.
(c) Compensation. The compensation of the
manager shall be fixed by the council.
(Ord. No. 1-76, § 1, 2-19-76)
Section 3. Vacancy [in office of manager].
During any vacancy in the office of village
manager, the council may designate any compe-
3
NORTH PALM BEACH CODE
tent person, except the mayor or any member of
the council, to execute the functions of the office of
village manager.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Acting village manager.
By letter filed with the council, the manager
shall designate, subject to approval of the council,
a qualified village administrative officer to exer-
cise the powers and perform the duties of man-
ager during his temporary absence or disability.
During such absence or disability, the council may
revoke such designation at any time and appoint
another officer of the village to serve until the
manager shall return or his disability shall cease.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Powers and duties of the village
manager.
The Village Manager shall:
(a) Appoint, and when he deems it necessary
for the good of the village, suspend or
remove all village employees and appoint-
ive administrative officers provided for by
or under this charter, except as otherwise
provided by law, this charter or personnel
rules adopted pursuant to this charter. He
may authorize any administrative officer
who is subject to his direction and super-
vision to exercise these powers with re-
spect to subordinates in that officer's de-
partment, office or agency;
(b) Direct and supervise the administration
of all departments, offices and agencies of
the village, except as otherwise provided
by this charter or by law;
(c) Attend all council meetings and shall have
the right to take part in discussion but
may not vote;
(d) See that all laws, provisions of this char-
ter and acts of the council, subject to
enforcement by him or by officers subject
to his direction and supervision, are faith-
fully executed;
Supp. No. 33 16
(e) Prepare and submit the annual budget,
budget message, and capital program to
the council in a form provided by ordi-
nance;
(f) Submit to the council and make available
to the public a complete report on the
finances and administrative activities of
the village as of the end of each fiscal
year;
(g) Make such other reports as the council
inay require concerning the operations of
village departments, offices and agencies,
subject to his direction and supervision;
(h) Keep the council fully advised as to the
financial condition and future needs of
the village and make such recommenda-
tions to the council concerning the affairs
of the village as he deems desirable;
(i) Sign contracts on behalf of the village
pursuant to the provisions of appropria-
tions ordinances;
Perform such other duties as are specified
in this charter or may be required by the
council.
(Ord. No. 1-76, § 1, 2-19-76)
(i)
Section 6. Country club administrator.
The council shall have the power by ordinance
to provide for the management and/or adminis-
tration of any village owned or operated country
club and its related activities, in whole or in part,
separate from the office of the Village Manager
and to specify the authority, if any, that the
Village Manager shall have over employment,
management, administration or other matters in
any way connected with the operation of any
village owned or operated country club.
(Ord. No. 1-76, § 1, 2-19-76)
Section 7. Village clerk.
There shall be a Village Clerk who shall be
responsible to the council for the proper adminis-
tration of all affairs of the village coming under
the clerk's control as defined in Article IV, Section
10.
(Ord. No. 38-2002, § 1, 12-12-02)
Editor's note —Ord. No. 38-2002, § 1, adopted Dec. 12,
2002, repealed Art. IV, § 7, in its entirety and enacted new
CHARTER § 8
provisions to read as herein set out. Prior to amendment § 7
pertained to similar subject matter and derived from Ord. No.
1-76, § 1, adopted Feb. 19, 1976.
Ord. No. 38-2002, was passed by vote in an election held
March 11, 2003.
Section 8. Appointment; removal; compen-
sation 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.
Supp. No. 33 16.1
CHARTER
(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.
(Ord. No. 38-2002, § 2, 12-12-02)
Editor's note —Ord. No. 38-2002, was passed by vote in
an election held March 11, 2003.
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 com-
petent person, except the mayor or any member of
the council, to execute the functions of the office of
village clerk.
(Ord. No. 38-2002, § 3, 12-12-02)
Editor's note —Ord. No. 38-2002, was passed by vote in
an election held March 11, 2003.
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 perma-
nent 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 perma-
nent character pertaining to the affairs of the
municipality.
(c) To attest all executory contracts made in
behalf of the village as evidence of the authoriza-
tion 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.
Supp. No. 25 17
§4
(e) To furnish the council at any time such
reports, data and information as may be neces-
sary 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
(Ord. No. 38-2002, § 4, 12-12-02)
Editor's note —Ord. No. 38-2002, was passed by vote in
an election held March 11, 2003.
ARTICLE V. QUALIFICATIONS AND
ELECTIONS
Section 1. Nonpartisan elections.
All qualifications and elections for the office of
village councilman shall be conducted on a non-
partisan basis without regard for or designation
of political party affiliation of any nominee on any
nomination petition or ballot.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Qualifications.
Candidates for the office of village councilman
shall qualify for such office by the filing of a
written notice of candidacy with the designated
official at such time and in such manner as may
be prescribed by ordinance.
(Ord. No. 1-76, § 1, 2-19-76)
Section 3. Form of ballots.
The council by ordinance shall prescribe the
method for listing candidates for village council
elections and any other village election. A charter
amendment to be voted on by the village shall be
presented for voting by ballot title. The ballot title
of a measure may differ from its legal title and
shall be a clear, concise statement describing the
substance of the measure without argument or
prejudice.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 39-2002, § 1,
12-12-02)
Editor's note —Ord. No. 39-2002, was passed by vote in
an election held March 11, 2003.
Section 4. General and runoff election.
Whenever a general or special election is held
to fill any elective office in the Village of North
Palm Beach, the candidate receiving a majority of
§ 4 NORTH PALM BEACH CODE
the votes cast at such election to fill such office
shall be declared to be duly elected; provided that
in the event no candidate for a particular elective
office shall receive a majority of the votes cast at
such election to fill such office, then a runoff
election shall be held two weeks after the original
election to elect a candidate to fill such office;
provided further that in such event only the
names of the two candidates having received the
greatest number of votes in the election for such
office shall be submitted to the voters and the one
receiving the majority number of votes in such
runoff election shall be declared to be duly elected
to such office; provided further that should two or
more candidates receive an equal number of votes
to any such office, so that it cannot be determined
which two had received the greatest and the next
greatest number of votes, then the names of all
such candidates shall be submitted at the runoff
election and the candidate receiving the greatest
number of votes at such election shall be declared
elected to such office, regardless of whether such
candidate received a majority of the votes cast to
fill such office at such runoff election.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Unopposed candidates.
In the event not more than one (1) person
qualified as a candidate for a designated seat on
the village council to be filled at an election, that
seat shall not be listed on the regular village
election ballot. Each unopposed candidate shall
be deemed to have voted for himself.
(Ord. No. 1-76, § 1, 2-19-76)
Section 6. Recall.
The qualified voters of the village shall have
the power to recall and to remove from office any
elected official of the village as provided by gen-
eral law.
(Ord. No. 1-76, § 1, 2-19-76)
ARTICLE VI. TRANSITION SCHEDULE
Section 1. Continuation of former charter
provisions:
All provisions of Chapter 31481, Laws of Flor-
ida, Extraordinary Session 1956, (the former char-
Supp. No. 25 18
ter) as amended by special law or otherwise which
are not embraced herein and which are not incon-
sistent with this charter shall become ordinances
of the village subject to modification or repeal in
the same manner as other ordinances of the
village.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Ordinances preserved.
All ordinances in effect upon the adoption of
this charter, to the extent not inconsistent with it,
shall remain in force until repealed or changed as
provided herein.
(Ord. No. 1-76, § 1, 2-19-76)
Section 3. Rights of officers and employees.
Nothing in this charter except as otherwise
specifically provided shall affect or impair the
rights or privileges of persons who are village
officers or employees at the time of adoption.
Elected officers shall continue to hold their offices
and discharge the duties thereof until their suc-
cessors are elected.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Pending matters.
All rights, claims, actions, orders, contracts
and legal or administrative proceedings involving
the village shall continue except as modified pur-
suant to the provisions of this charter.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Miscellaneous provisions.
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 to be unconstitutional,
such unconstitutionality shall not affect any other
sections or provisions of this Charter or the ap-
plication of such sections or provisions as to any
other situation and it is intended that this Char-
ter shall be construed and applied as if such
unconstitutional section or provision had not been
included herein.
(Ord. No. 1-76, § 1, 2-19-76)
CHARTER
Section 6. Deletion of obsolete schedule
items.
The council shall have power, by resolution, to
delete from this article VI any section, including
this one, when all events to which the section to
be deleted is or could become applicable have
occurred.
(Ord. No. 1-76, § 1, 2-19-76)
Section 7. Gender
Any word importing the masculine gender shall
extend and be applied to females as well as to
males.
(Ord. No. 40-2002, § 1, 12-12-02)
Editor's note —Ord. No. 40-2002, was passed by vote in
an election held March 11, 2003.
Supp. No. 25 19
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