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Village Charter_2011 PART I CHARTER* Art. I. Corporate Name Art. I.A. Vision Statement Art. II. Territorial Boundaries,§1 Art. III. Legislative,§§ 1-11 Art. IV. Administrative,§§ 1-7 Art. V. Qualifications and Elections,§§ 1-6 Art. VI. 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 j i CHARTER § 1 ARTICLE I. CORPORATE NAME south one-quarter section line of said Section 21, The municipality hereby established shall be to a point 68.90 feet south of the north one- known as "The Village of North Palm Beach, quarter corner of said Section 21, (as measured Florida." 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 ARTICLE I.A. VISION STATEMENT Boulevard (S.R. No. 850), said point also being 7.75 feet south of the centerline of Northlake VISION STATEMENT Boulevard (S.R. No. 850) as now laid out and in use;thence S-89°-48'-00"-W, along a line which is This vision statement for the Charter of the 7.75 feet south of and parallel with the centerline Village of North Palm Beach, Florida, defines for of said Northlake Boulevard (S.R. No. S-850), a all those interested the intentions and aims of the distance of 1094.60 feet to the beginning of a government of this municipality. Consistent with curve, concave to the north, having a radius of the applicable laws of the State of Florida and the 4009.75 feet and a central angle of 10°-37'-48"; United States of America, this Charter provides thence westerly and northwesterly along the arc the governing statutes of the Village. The under- of said curve, a distance of 743.92 feet to the end lying thrust of this Charter is to make clear that of said curve and the beginning of a curve, con- this government is established and maintained cave to the south, having a radius of 4019.52 feet with its primary goal service to all residents and and a central angle of 8°40'40"; thence westerly all who have occasion to be affected by its actions. Responsibility is placed on both the government along the arc of said curve, a distance of 608.78 feet to the end of said curve; thence N-88°- and the governed to continually seek appropriate 14'52"-W, a distance of 200 feet, more or less,to a means to advance the progress of the Village of point; said point being on the west line of said North Palm Beach. Section 21 and 15.75 feet south of the northwest Since being incorporated in 1956, the Village of corner of said Section 21;thence N-88°-04'-04"-W, North Palm Beach has been a beacon in commu- along a line which is 7.75 feet south of and nity spirit,citizen service,and continuous improve- parallel with the centerline of said Northlake ment. Each article in this Charter is aimed at Boulevard (S.R. No. 850), a distance of 2654.1 sustaining that light. Only an informed citizenry feet,more or less to a point in the north and south and properly motivated public servants can pre- quarter section line of Section 20, Township 42 serve and widen the vision of the greatest place to South, Range 43 East, Palm Beach County, Flor- live under the sun. ida; thence northerly along the said north and (Ord. No. 31-2002, § 1, 12-12-02) 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 ARTICLE II. TERRITORIAL BOUNDARIES along the north and south quarter section line of Section 17 of said Township and Range to a point Section 1. [Described.] in the easterly extension of the northerly right-of- The Territorial Limits of said Municipality are way line of the Earman River Canal as described hereby defined and shall be as follows: in Deed Book 1047, Page 359, Public Records of Palm Beach County, Florida; thence N-67°-25'- BEGINNING at the intersection of the waters 24"-W a distance of 42.89 feet to a point in the edge along the west shore of Lake Worth,with the northerly right-of-way line of said Earman River south line of Government Lot 1,Section 21,Town- Canal;thence westerly along said northerly right- ship 42 South,Range 43 East,Palm Beach County, of-way line of the Earman River Canal, to the Florida; thence westerly, along the south line of west line of said Section 17; thence northerly said Government Lot 1, to the southwest corner along the west line of said Section 17, to the thereof; thence northerly, along the west line of northwest corner of said Section 17; thence east- said Government Lot 1, also being the north- erly along the north line of said Section 17, to the Supp.No.25 3 1' § 1 NORTH PALM BEACH CODE southwest corner of Cromwell Estates according distance of 615.95 feet;thence southerly along the to the Plat thereof,recorded in Plat Book 29,page west right-of-way line of the Intracoastal Water- 110, Public Records of Palm Beach County, Flor- way(as shown on amended Plat Section 5, Town- ida; thence northerly along the west line of said ship 43 South,Range 43 East,Plat Book 17,Page Cromwell Estates to the northwest corner thereof; 29,Palm Beach County,Florida)to the North line thence easterly along the north line of said of Section 8, Township 43 South, Range 43 East; Cromwell Estates to the west line of the southeast thence easterly, along the north line of Sections 8 one-quarter(SE 1/4) of the southwest one-quarter and 9 of said Township and Range, as shown on (SW 1/4) of Section 8 of said Township and Range; Florida Inland Navigation Districts Right-of-Way thence northerly along the west line of the south- Map on pages 10 and 29 of Plat Book 17, Public east one-quarter (SE 1/4) of the southwest one- Records of Palm Beach County, Florida, to the quarter (SW 1/4) of Section 8 to the northwest center line of the R/W of State Road No. 5 (U.S. corner thereof; thence easterly along the north Highway #1) as shown on Florida State Road line of the southeast one-quarter (SE 1/4) of the Department's Right-of-Way Map recorded in State southwest one-quarter(SW 1/4) of Section 8 to the and County Road Plat Book 2, pages 43 to 56, west line of Pepperwood Subdivision as recorded inclusive; thence northerly, along the center line in Palm Beach County Records, Plat Book 33, of said State Road No. 5, to its intersection with page 184, thence northerly along the west line of the easterly projection of the North line of Lot 6, said Pepperwood Subdivision to the northwest Plat of Subdivision of Government Lot 8, Section corner thereof; thence easterly along the north 4 of said Township and Range; thence North line of said Pepperwood Subdivision to a point in 88°-08'-06" West, distance of 63.12 feet to the a line lying 260 feet west and parallel to the Northeast corner of said Lot 6; thence North north-south quarter section line of Section 8, 88°-08'-06"West along the North line of said Lot Township 42 South, Range 43 East, Palm Beach 6 and the easterly projection thereof,a distance of County, Florida; thence northerly along said line 231.75 feet; thence North 03°-04'-10" West, a a distance of 1085 feet; thence east along a line distance of 125.20 feet; thence South 89°-49'-50" parallel to the south line of the southeast one- East along a line 25 feet, more or less, North of quarter (SE 1/4) of the southeast one-quarter (SE the centerline of Caroline Avenue, as now laid out 1/4) of the northwest one-quarter (NW 1/4) of said and in use, a distance of 500.00 feet to a point of Section 8 to a point in the north-south quarter intersection with the Easterly Right-of-Way Line section line of said Section 8; thence northerly of Ellison-Wilson Road,as now laid out and in use along the north and south quarter section line of having a total Right-of-Way width of 66.00 feet; said Section 8 to the north line of said Section 8; thence North 01°-22-26"West along the Easterly thence easterly along the north line of said Sec- Right-of-Way Line of Ellison-Wilson Road, same tion 8 to a point in the east right-of-way line of line being the Westerly line of Lots 6 and 7 of said Prosperity Farms Road; thence northerly along "Plat of Subdivision of Government Lot 8," a j the east right-of-way line of Prosperity Farms distance of 492.84 feet to the Northwest corner of Road to a point in the north right-of-way line of said Lot 7 of the "Plat of Subdivision of Govern- ; Monet Road as laid out and in use; thence east- ment Lot 8,"thence North 870-20'-06"West along erly along the North right-of-way line of Monet the South line of said Government Lot 7 same line Road as laid out and in use to its intersection with also being the North Line of said "Plat of Subdi- the west line of the east 1/2 of the W 1/2 of the SE vision of Government Lot 8," a distance of 102.48 1/4 of the SW 1/4 of the SE 1/4 of Section 5,Township feet to the Southwest Corner of Government Lot 42 South, Range 43 East, thence N-00°-34'-04" 7, Section 4 of said Township and Range; thence East a distance of 611.46 feet; thence easterly North 01°-35'-39"East along the West line of said along the North line of the SE 1/4 of the SW 1/4 of Government Lot 7, a distance of 356.07 feet; the SE 1/4 of said Section 5 a distance of 499.70 thence South 850-38'-02"East,a distance of 765.13 feet; thence 5-00°-09'-50"-W a distance of 168.05 feet to a point of intersection with the Westerly feet,thence easterly along the north line of the SE Right-of-Way line of State Road Number 5; less 3/4 of the S 1/2 of the SE 1/4 of said Section 5, a the 66.00 foot Right-of-Way for Ellison-Wilson Supp.No.25 4 I CHARTER § 1 Road; thence Southeasterly along the Westerly Florida; thence southerly, along said southerly Right-of-Way line of State Road Number 5 to a extension to a point in the westerly extension of point of intersection with the north line of Gov- the north line of Section 10 of said Township and ernment Lot 8, Section 4 of said Township and Range;thence easterly,along said westerly exten- Range; thence easterly, along the north line of sion of the north line of said Section 10 and along said Government Lot 8, to a point lying on the the north line of said Section 10; to the waters of northerly line of Government Lot 8, at its inter- Lake Worth;thence southerly, along the waters of section with the southwesterly corner of the Plat Lake Worth, to the south line of the Marshall of Twelve Oaks, as recorded in Plat Book 31, Morton Estates, according to the Replat thereof Pages 48 and 49, said Public Records; thence recorded in Plat Book 24, page 1, Public Records northerly along the westerly line of said Plat of of Palm Beach County, Florida; thence easterly, Twelve Oaks a distance of 719.70 feet, thence along the south line of said Marshall Morton westerly along a line parallel to the North line of Estates, to the east boundary of said Marshall Lot 8 to a point in the westerly right of way line of Morton Estates at the waters of a lagoon; thence State Road 5 (US #1), thence northerly along the northerly, along the easterly boundary of said westerly right of way line of State Road 5(US#1), Marshall Morton Estates and along the waters of a distance of 200 feet,thence run easterly along a said lagoon, to the north line of said Section 10; line parallel to the north line of Lot 8 to a point in thence easterly, along the north line of said See- the westerly line of said Plat of Twelve Oaks, tion 10, to the waters of the Atlantic Ocean; thence northeasterly along said westerly line and thence southerly, along the waters of the Atlantic its northeasterly prolongation thereof to its inter- Ocean, to a point in a line parallel to, and 8,000 section with the southerly Right-of-Way line of feet southerly from, measured at right angles to, State Road 703, as recorded in Road Plat Book 5, the north line of said Section 10; thence westerly, Pages 12 and 13, said Public Records; thence along said parallel line,to a point in the westerly easterly along said southerly Right-of-Way line to boundary of the submerged land area conveyed by its intersection with the southerly prolongation of the Trustees of the Internal Improvement Fund of the westerly line of the Plat of Hidden Key, as the State of Florida, to Lake Worth Realty Com- recorded in Plat Book 27, Page 243, said Public pany,a Florida corporation,by Trustees Deed No. Records; thence northerly along said southerly 17,146, recorded in Deed Book 205, page 82, prolongation to the southwesterly corner of said Public Records of Palm Beach County, Florida; Plat of Hidden Key and a point on the north thence southerly, along said westerly boundary to a point in the easterly extension of th Right-of--Way line, to a point at right angles to p Y e south line centerline station 362+62.00 as said stationing is of Government Lot 1 of said Section 21, thence shown on the Plat of Bulkhead line in the north westerly, along said easterly extension across end of the Waters of Lake Worth, as recorded in Lake Worth to the point of beginning, at the Plat Book 26, page 135, Public Records of Palm waters edge on the west shore of said Lake Worth. Beach County, Florida; thence southerly at right And a tract of land in Lots 3 and 4 of a subdivision angles to said north Right-of-Way line, a distance of Government Lot 8, Section 4, Township 42 of 53.00 feet to a point on said centerline of State South, Range 43 East, Palm Beach County, Flor Road No. 703 and the northerly prolongation of ida, according to the Plat thereof,recorded in Plat the bulkhead line as shown on said plat; thence Book 18, page 4, Public Records of Palm Beach southerly and southwesterly, along said northerly County, Florida, said tract of land being more prolongation and said bulkhead line to its inter- particularly described as follows: section with the easterly prolongation of the north line of said Government Lot 8; thence continue Begin at the point of intersection of the north easterly along the same course, to a point in the right-of-way line of McLaren Road with the east southerly extension of the line between Govern- right-of-way line of Ellison-Wilson Road, said ment Lots 3 and 5 of said Section 4, as shown on point being the southwest corner of Lot 3; thence Plat of Seminole Beach recorded in Plat Book 22, run N 03-04'-10"-W along the east right-of-way page 37, Public Records of Palm Beach County, line of Ellison-Wilson Road 303.89 feet to the Supp.No.25 5 I I § 1 NORTH PALM BEACH CODE northwest corner of the said Lot 3; thence run lying easterly of the East line of those lands S-89°-54'-29"-E, along the north line of Lot 3 a described in Deed Book 877, Page 439, Palm distance of 7.01 feet thence run North 030-04'-10" Beach County records: west a distance of 303.93 feet, thence run North TOGETHER WITH the West Half(W 1/2) of the 89°-49'-50" West a distance of 7.01 feet, thence West Half(W 1/2)of the Southeast Quarter(SE 1/4) run North 03°-04'-10"West a distance of 125 feet, of the Southwest Quarter (SW 1/4) of the South- thence run South 890-49'-50" East a distance of 620 feet, thence run North 03°-04'-10" West a east Quarter (SE 1/4) of the said Section 5: distance of 125.20 feet, thence run South 89°-49'- TOGETHER WITH the West thirty feet (30') of 50" east a distance of 125.06 feet, thence run the following described parcel: South 0°-12'-26" West a distance of 74.91 feet, thence run South 23°-48'-04" East 248.69 feet, Commencing at the center of said Section 5: thence run South 89°-54'-29" East a distance of thence easterly along the East-West Quarter Sec- 14.89 feet; thence run south. 190.18 feet; thence tion line a distance of 1,293.76 feet to the North- run easterly parallel with.the north line of Lot 4 a west corner of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE /4) of said Section 5: distance of 50 feet, thence southerly parallel to thence South 00°-08'-30"West along the West line the west line of Lot 4 a distance of 112.41 feet to of the Northeast Quarter(NE 1/4)of the Southeast a point in the north right-of-way line of McLaren Quarter(SE 1/4) of Section 5, (the west line of the Road; thence run west along the north right-of- Northeast Quarter(NE 1/4)of the Southeast Quar- way line of McLaren Road,727.33 feet to the point ter (SE 1/4) of Section 5 is assumed to bear South of beginning. 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 And a tract of land described as follows:A parcel II 1/4) of the Southeast Quarter (SE 1/4) of Section 5 of land lying in Section 5, Township 42 South, and the POINT OF BEGINNING of the herein Range 43 East, Palm Beach County, Florida, and described parcel: thence South 88°-16'-41" East being more particularly described as follows: along the South line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of the That part of the North Half(N 1/2) of the South Southeast Quarter(SE 1/4)of Section 5 a distance Half(S 1/2)of the Southeast Quarter(SEl/4)of said of 144.46 feet: thence North 02°-13'-54" West, a Section 5 lying westerly of the West Right-of-Way distance of 157.46 feet; thence North 88°-16'-41" line of the Intracoastal Waterway and lying East West, a distance of 137.95 feet; thence South of the easterly Right-of--Way line of Prosperity 000-08'-30"West, a distance of 157.15 feet to the pOINT OF BEGINNING. Farms Road,as shown in Road Plat Book 2,pages 136 and 137; TOGETHER WITH the following described par- cel: TOGETHER with the Northeast Quarter(NE 114) Begin at the Northeast corner of Lot 5, according j of the Southwest Quarter (SW 1/4) of the South- to the Plat,of subdivision of Government Lot 8, west Quarter (SW 1/4) of the Southeast Quarter Section 4, Township 42 South, Range 43 East, as (SE 1/4) of Section 5: recorded in Plat Book 18, Page 4, in and for the records of Palm Beach County,Florida; Thence N 890 47'58"W along he North line of said Lot 5 a g , TOGETHER WITH that part of the North 169.5 distance of 250.12 feet to a point: Thence South- i feet of the West Half (W 1/2) of the Southwest erly, at right angles bearing South 0° 12' 02" Quarter (SW 1/4) of the Southwest Quarter (SW West, a distance of 74.91 feet; Thence South 23° 1/4) of the Southeast Quarter (SE 1/4) of Section 5 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 Supp.No. 25 6 I� CHARTER § 1 North 23°47'30"West along East line of said Lot West along said plat line and the West line of the 5; a distance of 282.04 feet to the Point of Begin- North 165.00 feet of the South half of the south- ning. east quarter of the southeast quarter of said Section 5 a distance of 165.07 feet to the POINT TOGETHER WITH the following described par- OF BEGINNING. cel: TOGETHER WITH the following described par- A parcel of land lying in the southeast quarter of cel: Section 5, Township 42 South, Range 43 East, A parcel of land lying in the Southwest Quarter of Palm Beach County, Florida, more particularly Section 17, Township 42 South, Range 43 East, described as follows: Palm Beach County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of the south- Begin at the Southeast corner of said Southwest east quarter of said Section 5; thence South Quarter of Section 17;thence Northerly, along the 88°-34'-32"East along the South line of the south- North-South quarter section line of said Section east quarter (the South line of the southeast 17, a distance of 1748.3 feet, more or less, to a quarter is taken to bear South 88°-34'-32" East point on the Easterly prolongation of the North and all other bearings stated herein are relative line of Lot 29, according to the Plat of Kelsey thereto) a distance of 841.10 feet to the East line Acres, as recorded in Plat Book 22, Page 16, of the West half of the West half of the southeast Public Records of Palm Beach County, Florida; quarter of the southwest quarter of the southeast thence Westerly, along said prolongation and the quarter of said Section 5; thence North 00°-06'- North line of Lot 16 and Lots 18 through 29, a 53 East along said East line and along the West distance of 1446.5 feet more or less, to a point on line of the Plat of Harbour Point Marina,recorded the Easterly right of way line of State Road in Plat Book 73,Pages 99 and 100,Public Records Alternate A-1-A, as recorded in Road Plat Book 6, of Palm Beach County, Florida, a distance of Page 180, Public Records of Palm Beach County, 671.39 feet to the northwest corner of said plat; Florida; thence Southerly along said Easterly thence South 880-37'-59' East along the North right of way line, a distance of 889.3 feet to a line of said plat a distance of 499.75 feet to the point; thence Westerly, at right angles to the most northeasterly corner of said plat and the preceding course, a distance of 106 feet to a point POINT OF BEGINNING of the hereinafter de- on the Westerly right of way line of said State scribed parcel; thence continue South 880-37'-59" Road Alternate A-1-A; thence Northerly, along East along the North line of the South half of the said right of way line, a distance of 100.00 feet, southeast quarter of the southeast quarter of said more or less, to a point in the South line of that Section 5 a distance of 594.98 feet to a point of certain parcel described in Official Record Book intersection with the West right-of-way line of the 2865, Page 1178, Public Records of Palm Beach Intracoastal Waterway as shown on the Amended County,Florida;thence Westerly,along said South Plat of Section 5-42-43 of the Intracoastal Water- line, a distance of 282.8 feet, more or less, to a way, as recorded in Plat Book 17, Page 29,Public point in the Easterly right of way line of the Records of Palm Beach County, Florida; thence Florida East Coast Railroad; thence Southerly, South 07°-20'-49" East along said right-of-way along said Easterly right of way line,a distance of line a distance of 166.93 feet to a point on the 983 feet,more or less,to a point in the South line South line of the North 165.00 feet of the South of said Southwest Quarter of Section 17; thence half of the southeast quarter of the southeast Easterly, along said South line, a distance of 1096 quarter of said Section 5; thence North 880-37'- feet, more or less, to said Southeast corner of the 59" West along said South line a distance of Southwest Quarter and the Point of Beginning. 615.50 feet to the southwest corner of the North TOGETHER WITH the following described par- 165.00 feet of the South half of the southeast cel: quarter of the southeast quarter of said Section 5, Lots 14 and 15,Kelsey Acres,according to the plat said point lying on the East line of said Plat of recorded in plat book 22, page 16, Public Records Harbour Point Marina; thence North 000-17'-18" of Palm Beach County, FL. Supp.No.25 7 l § 1 NORTH PALM BEACH CODE DESCRIPTION:A parcel of land lying in Section thence Southerly at right angles to said center 5,Township 42S,Range 43E,Palm Beach County, line, a distance of 359 feet to a point in the Florida, being more particularly described as fol- Northerly right-of-way line of Northlake Boule- lows: vard as said right-of-way is described in Official Commencing at the South Quarter Corner of Record Book 178,Page 458, of the Public Records Section 5,thence South 88°34'23"East,a distance of Palm Beach County, Florida; thence Easterly of 336.51 feet; thence North 0°30'48" East, a along said Northerly right-of-way line a distance distance of 60.00 feet to the POINT OF BEGIN- of 400 feet; thence Northerly at right angles to NING, thence continue North 0°30'48" East, a said Northerly right-of-way line a distance of 244 distance of 275.38 feet; thence South 88°33'45" feet to the Southerly right-of-way line of Central and Southern Florida Flood Control District(now East, a distance of 334.55 feet; thence South known as South Florida Water Management Dis- 0 13 21" West, a distance of 275.35 feet; thence trict)Canal C-17,as said right-of-way is described North 88'34'23"West, a distance of 335.95 feet to in easement deed recorded in Deed Book 1156, the POINT OF BEGINNING. Page 186, of the Public Records of Palm Beach Containing 2.119 acres more or less. County,Florida;thence Westerly along said South- erly right-of-way line a distance of 75.00 feet; DESCRIPTION: The East one-half, of the South thence Northerly at right angles to said Southerly one-half, of the East one-half, of the Southwest right-of-way line 115 feet to the POINT OF BE- one-quarter, of the Southwest one-quarter, of the GINNING. Southeast one-quarter, of Section 5, Township 42 South, Range 43 East, Palm Beach County, Flor- SUBJECT TO RIGHT-OF-WAY OF C-17 CANAL. ida,less the South 60 feet thereof for the right-of- way of Monet Road. TRACT I: A certain parcel of land in Section 21, Township 42 South, Range 43 East, Palm Beach TOGETHER WITH: The West one-half, of South- County, Florida, being more particularly de- east one-quarter, of Southwest one-quarter, of scribed as follows: Southwest one-quarter, of Southeast one-quarter, of Section 5, Township 42 South, Range 43 East, Beginning at the intersection of the westerly Less the South 60 feet thereof for right-of-way of right-of-way line of State Road No. 5 as described Monet Road. in a deed from Tasdem,Inc.to the State of Florida LEGAL DESCRIPTION:A parcel of land lying in as same is recorded in Deed Book 838, Page 25, Section 16 and 21, Township 42 South, Range 43 Public Records of Palm Beach County, Florida East, Palm Beach County, Florida, more particu- with the northerly right-of-way of Palmetto Road larly described as follows: as shown on the Plat of Kesley City (now Lake Park)as same is recorded in Plat Book 8,Page 35, BEGINNING at a point in the center line of the Public Records of Palm Beach County, Florida, right-of-way of Central and Southern Florida Flood and from said point of intersection run (for con- ; Control District (now known as South Florida venience the said northerly right-of-way line of Water Management District) Canal C-17 as said Palmetto Road is assumed to bear North 59°57'15" right-of-way is described in easement deed re- West and all other bearings mentioned herein are corded in Deed Book 1156,Page 186,of the Public relative thereto). North 89°57'15" West running Records of Palm Beach County,Florida,said point along the said northerly right-of-way line a dis- being 624.66 feet Westerly, measured along said tance of 468.28 feet; thence North 7°27'45" West, center line,from the Westerly right-of-way line of a distance of 247.44 feet; thence South 88°43'22" State Road No. 5 (U.S. Highway No. 1) as said West a distance of 249.34 feet to a point in a line right-of-way line is shown on State Road Depart- parallel with and one foot westerly from (mea- ment Right-of-Way Map as recorded in Road Plat sured at right angles to) the westerly wall of the Book 2,Pages 105 to 108,inclusive,Public Records Truck Wall so called at the westerly end of the of Palm Beach County, Florida; thence Westerly J.M.Fields Store Building,so called;thence North along said center line a distance of 325 feet; 01°19'04" West, along said parallel line, a dis- Supp.No. 25 8 I l I CHARTER §1 tance of 152.42 feet,more or less,to a point in the scribed in Deed from Tasdem,Incorporated to the westerly extension of the North face of the South State of Florida,recorded in Deed Book 838,Page wall of the Garden Shop so called, said Garden 25,Public Records of Palm Beach County,Florida, Shop located in the Northwesterly corner of the with the Northerly right-of-way line of Palmetto said J.M. Fields Store Building; thence North Road, as shown on the Plat of Kelsey City (now 88°40'58"East along the just said westerly exten- Lake Park), recorded in Plat Book 8, Page 35, sion and along the just said North face of the Public Records of Palm Beach County, Florida; South wall a distance of 41 feet,more or less,to a thence Westerly, along said Northerly right-of- point in the West face of the East wall of said way line, a distance of 488.28 feet to a point on a Garden Shop; thence North 01'19'04" West run- portion of the Westerly boundary of that certain ning along the just said West face of the East wall parcel of land described in Official Records Book and the northerly extension thereof a distance of 3343, Page 1786, Public Records of Palm Beach 120.27 feet, more or less to a point in the face of County,Florida, and the point of beginning of the the curb, said curb being 20.26 feet northerly hereinafter described parcel; thence Northerly from and parallel with the face of the North wall along said Westerly boundary, making an angle of said building; thence North 88°40'56" East with the preceding course,measured from East to running along the said face of the curve and its North of 87°30'30", a distance of 247.44 feet to a Easterly extension of a distance of 537.31 feet, point thence Westerly, making an angle with the more or less, to a point in the said westerly preceding course,measured from South to West of right-of-way line of State Road No. 5, said point 96°11'07", a distance of 208.80 feet to the of the being also a point on a curve concave to the West, Easterly boundary of that certain parcel of land having a radius of 11384.22 feet and whose tan- described in Official Records Book 3259, Page gent passing through said point bears South 278, Public Records of Palm Beach County, Flor- 10°13'29" East; thence southerly running along ida;thence Southerly, along said Easterly bound- the arc of the just described curve and along the ary, making an angle with the preceding course, said westerly right-of-way line subtending a cen- measured from East to South of 89°58'58", a tral angle of 01°48'07", a distance of 358.34 feet, distance of 240.58 feet to a point on said North- more or less, to the end of said curve; thence erly right-of-way line, making an angle with the South 81°34'38"West running along a line radial preceding course,measured from North to East of to the just described curve and radial to the next 91°20'25", a distance of 235.45 feet to the point of described curve and continuing along said west- beginning. erly right-of-way line a distance of 5 feet to a point in a curve concave to the West, being concentric Parcel A: with the last described curve and having a radius of 11389.22 feet; thence southerly running along A parcel of land lying in Section 17, Township 42 the are of the just described curve and continuing South, Range 43 East, Palm Beach County, Flor- along the said westerly right-of-way line;subtend- ing a central angle of 00°25'22", a distance of Commencing at the point of intersection of the 84.04 feet to the end of said curve; thence south easterly right-of-way line of the Florida East 08'00'00" East along the westerly right-of-way Coast Railroad with the westerly extension of the line a distance of 91.77 feet, more or less, to the southerly right-of-way line of Richard Road as POINT OF BEGINNING. said right-of-way is shown on the plat of Kelsey TRACT II Acres, as recorded in Plat Book 22, Page 16, Public Records of Palm Beach County, Florida; A parcel of land lying in Section 21, Township 42 thence south 20°55'46" east along the easterly South, Range 43 East, Palm Beach County, Flor- right-of-way line of the Florida East Coast Rail- ida, being more particularly described as follows: road(the easterly right-of-way line of the Florida East Coast Railroad is assumed to bear south Commence at the intersection of the Westerly 20°55'48"east and all other bearings stated herein Right-of-way line of State Road No. 5, as de- 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 thence northwesterly along the arc of said curve parcel;thence continue south 20 056'48"east along and westerly right-of-way line of State Road Al- said right-of-way line, a distance of 465.00 feet; ternate AlA, a distance of 27.60 feet to the point thence north 68°01'45" east, a distance of 217.03 of beginning of the hereinafter described parcel; feet to the point of intersection with the east line thence continuing along the arc of said curve and of northeast quarter of the southwest quarter of right-of-way through a central angle of 01°54'58", the southwest quarter of said section 17; thence an arc distance of 207.19 feet to the point of north 01°33'28" east along said east line, a dis- intersection with the west line of the southeast tance of 157.90 feet to the point of intersection quarter of the southwest quarter of said section with the westerly right-of-way line of state road 17, having a radial bearing at this point of south alternate a-1-a, as shown on road plat Book 6, 66°59'21"west;thence south 01 033'29"west along Pages 180 through 187, Public Records of Palm said west line, a distance of 224.02 feet to a point; Beach County,Florida,said point lying on a curve thence north 69°09'44" east, a distance of 89.75 concave to the west, having a radius of 6195.45 feet to the point of beginning. feet, a central angle of 03°07'42" and a radial Containing in all 0.2161 acres 9,413.3 +/- square bearing at this point of north 86°59'21" east; feet thence northerly along the arc of said curve and Subject to easements and rights-of-way of record. said westerly right-of-way line,a distance of 338.27 feet;thence departing said right-of-way line south Parcel "C": A parcel of land in the Southwest j 64 004'34" west, a distance of 258.88 feet to the Quarter of Section 17,Township 42 South, Range point of beginning. 43 East, Palm Beach County, Florida, more par- ticularly described as follows: Containing in all 2.85 acres. 124,146.0+/- square Commencing at the intersection of the Easterly feet right-of-way line of Florida East Coast Railway Subject to easements and rights-of-way of record. and the Westerly extension of the Southerly right- of-way line of Richard Road as said right-of-way is Parcel B: shown on Plat of Kelsey Acres recorded in Plat Book 22, page 16, Public Records of Palm Beach A parcel of land lying in the southwest quarter of County,Florida;thence Southerly along said East- Section 17, Township 42 south, Range 43 east, erly right-of-way line of the F.E.C. Railway a Palm Beach County,Florida,lying easterly of the distance of 995.00 feet to the Point of Beginning; Florida East Coast Railroad and westerly of the thence Southerly along said Easterly right-of-way westerly right-of-way line of State Road Alternate line of the F.E.C. Railway a distance of 156.93 AlA, being more particularly described as fol- feet;thence in a Northeasterly direction along the lows: line making an angle with the preceding course, Commencing at the southeast corner of the south- measured from North to East of 90°01'09" a west quarter of said Section 17; thence north distance of 148.06 feet to a point on the East line 88°29'38"west along the south line of said Section of the Northeast Quarter of the Southwest Quar- 17(the south line of said Section 17 is assumed to ter of the Southwest Quarter of Section 17,thence bear north 88°29'38" west and all other bearings North along said East line a distance of 174.20 stated herein are relative thereto), a distance of feet to a point, thence in a Southwesterly direc- 733.66 feet to a point on the baseline of survey for tion along the line making an angle with the State Road Alternate AlA as shown on Road Plat Preceding course measured from South to West of Book 8,Pages 180 through 187,Public Records of 66°21'06", a distance of 215.08 feet to the point of Palm Beach County,Florida;thence north 20°60'16" beginning. west along said baseline a distance of 1184.25 feet PARCEL I:A parcel of land in Section 17, Town- to a point;thence south 69°09'44"west a distance ship 42 South, Range 43 East, more particularly of 55.00 feet to the point of curvature of a curve described as follows: concave to the southwest, having a radius of Beginning at a point in the westerly right-of-way 6195.45 feet and a central angle of 00°15'19'; line of State Road AlA, formerly State Road 176, Supp.No.29 10 i CHARTER § 1 said westerly right-of-way line being herein as- Subject to restrictions, reservations, easements sumed to be a line parallel to and 40 feet westerly and covenants of record,if any,to the extent that from the centerline of said road, and also being same are valid and enforceable. parallel to and 7 feet westerly from the westerly Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT right-of-way line of said road, as per Plat of NO. 2 (LESS AND EXCEPT that land taken or Rivard Subdivision, as recorded in Plat Book 21, conveyed to the Department of Transportation for page 12, and said point of beginning being 1145.6 Highway Purposes as shown on Road Plat Book 4, feet northerly, measured along said right-of-way page 22 and as appear in instruments recorded in line,from the South line of said Section 17;thence Official Record Book 3538, page 1834 and in westerly, at right angles to the preceding course, Official Record Book 3543,page 332),according to 128.06 feet,more or less,to a point in the westerly the plat thereof on file in the Office of the Clerk of line of the Southeast Quarter of the Southwest the Circuit court in and for Palm Beach County, Quarter of said Section 17;thence northerly along Florida, as in Plat Book 24, page 47. said westerly line, 54.15 feet, more or less, to a point in a line parallel to, and 50 feet northerly Lot 47,KELSEY ACRES#2,according to the Plat from, measured at right angles to, the South line thereof an file in the Office of the Clerk of the of the herein described parcel, thence easterly Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 47, less along said parallel line, 107 feet more or less,to a point in said westerly right-of--way line of State and except the following described property con- veyed to the State of Florida by instrument re- Road AIA; thence southerly along said westerly corded at Official Record Book 3697, Page 355 of right-of-way line, 50 feet, more or less, to the Official Records of Palm Beach County, Florida: point of beginning. Commence at the Northwest corner of said Lot 47, thence South 38°22'23" West along the Westerly PARCEL II:A parcel of land in Section 17,Town- line of said Lot 47, a distance of 68.64 feet to the ship 42 South, Range 43 East, more particularly POINT OF BEGINNING; thence continue South described as follows: 38°22'23"West along said Westerly line a distance of 29.69 feet to a point on a curve concave South- Beginning at a point in the westerly right-of-way westerly having a tangent bearing of South line of State Road AIA, formerly State Road 176, 36 018'02" East through said point; thence south- said westerly right-of-way line being herein as- easterly along said curve having a radius of sumed to be a line parallel to and 40 feet westerly 5769.58 feet,through an angle of 01°27'35"an arc from the centerline of said road, and also being distance of 146.99 feet to the Southeast corner of parallel to, and 7 feet westerly from the westerly said Lot 47; thence North 50°46'22" East along right-of-way line of said road, Plat of Rivard the Easterly line of said Lot 47 a distance of 25.83 Subdivision,Plat Book 21,Page 12,and said point feet to a point on a curve concave Southwesterly of beginning being 1095.6 feet northerly, mea- and having a tangent bearing of North 33°50'47" sured along said right-of-way line,from the South West through said point; thence Northwesterly line of said Section 17, then northerly along said along said curve having a radius of 6305.45 feet westerly right-of-way line 50 feet; then westerly through an angle of 01°23'44" an are distance of at right angles to the preceding course, 128.06 153.58 feet to the POINT OF BEGINNING. feet,more or less,to a point in the westerly line of A parcel of land in the southwest quarter of the Southeast Quarter of Southwest Quarter of Section 17, Township 42 South, Range 43 East, said Section 17; then southerly along said west- Palm Beach County, more particularly described erly line, 53.96 feet, more or less to a point in a as follows: line parallel to, and 50 feet southerly from, mea- sured at right angles to, the north line of the Beginning at the intersection of the easterly right- herein described parcel, thence easterly along of-way line of the Florida East Coast Railroad and said parallel line 144 feet,more or less,to a point the westerly extension of the southerly right-of- of beginning. way line of Richard Road as said right-of-way is Supp.No.49 10.1 i §1 NORTH PALM BEACH CODE shown on the plat of Kelsey Acres recorded in Plat 4. S. 14 056'36"E. 443.52 Feet to the North Book 22, Page 16, Public Records of Palm Beach line of a public right of way 20.0 feet wide, County, Florida; thence southerly along the east- known as Richard Road; Thence erly right-of-way line of the F.E.C. Railroad a 5. Along said North Right of Way line S. distance of 530.00 feet;thence easterly making an 88'17'20"E. 85.92 Feet to the West Right angle with the preceding course measured from of Way line of the Florida East Coast North to East of 85°00'20", a distance of 271.47 Railroad; Thence feet,more or less,to the westerly right-of-way line of State Road A-1-A, said right-of-way line being 6. Along said West Right of Way line N. also the arc of a curve concave to the Southwest 20 054'37"W. 368.10 Feet to the beginning and having a radius of 5689.58 feet;thence north- of a curve to the left, having a radius of westerly, along the arc of said curve and the 1859.96 Feet; Thence westerly right-of-way line of state road A-1-A, 7. Along the arc of said curve 604.77 Feet, through an angle of 4 014'13" a distance of 430.73 through a central angle of 18°37'48"to the feet to the said westerly extension of the south- Point of Tangent; Thence erly right-of-way line of Richard Road; thence westerly along said westerly extension a distance 8. Along the Tangent N. 39°32'25"W. 250.45 of 232.47 feet to the point of beginning. Less Feet to the Point of Beginning. additional right-of-way acquired by the depart- Parcel Control Number: 00-43-42-17-00-00-000- ment of transportation in that order of taking 3030 recorded in Official Record Book 3666, Page 141. Parcel 2 Exhibit "A" The part of the Southwest 1/4 of the Northwest LEGAL DECRIPTION 1/4 lying west of Old Dixie Highway, LESS the South 110 feet of Section 17,Township 42 South, Parcel 1 Range 43 East, Palm Beach County, Florida. That portion of the Southwest 1/4 of the South- Also described as: west 1/4 of the Northwest 114; and that portion of ALL that part of the Northwest one-quarter of the Northwest 1/4 of the Northwest 1/4 of the Section Seventeen, Township Forty-two South, Southwest 1/4, less the south 10.0 feet thereof, of Section 17, Township 42 South, Range 43 East, Range Forty-three east, lying south and west of lying between the Florida East Coast Railroad the Old Dixie Highway, as originally constructed, along the west side of the Florida East Coast right of way on the east and a County Road, 40 Railroad, except the south one hundred and ten feet wide, (Old Dixie Highway) on the west, in feet thereof, which is reserved to the grantors Palm Beach County, Florida; and being more herein. particularly described as follows: Parcel Control Number: 00-43-42-17-00-000-3100 Beginning at a point where the Westerly right of way line of the Florida East Coast Railroad inter- Parcel 3 sects the West line of Section 17, Township 42 The Southwest Quarter(SE 114)of the Northeast South, Range 43 East; said point being 382.05 Quarter (NE 1/4) of Section 18, Township 42 Feet North of the West Quarter Corner of said South, Range 43 East, Palm Beach County, Flor- Section 17; run thence along the following num- ida, lying west of Old Dixie Highway and South- bered courses: east of Canal C-17,less the south 150 feet thereof 1. Along the West line of Section 17, S. and less parcel described in Official Record Book 1 034'38"W. 45.62 Feet; Thence 712, Page 163 and Official Record Book 4503, Page 1421, both of the Public Records of Palm 2. S. 39 032'25"E. 216.07 Feet; Thence Beach County, Florida. 3. S. 31 052'20"E. 478.43 Feet; Thence Parcel Control Number: 00-43-42-17-00-000-1030 Supp.No.49 10.2 iI i I CHARTER § 1 Parcel 4 according to the minutes of the Board of County A parcel of land in the Northeast quarter(NE 114) Commissioners of February 6, 1917, Page 107;thence South 39°34'33" East along said right-of- of Section 18,Township 42 South,Range 43 East, way line a distance of 21.29 feet; thence South Palm Beach County, Florida. Being more partic- 70 027'58"West departing said right-of-way line a ulaxly described as follows: distance of 116.19 feet to a point of curve concave Commencing at the Southeast corner of said North- to the Southeast having a radius of 780.00 feet east quarter(NE 1/4)of Section 18; thence North and a central angle of 3'41'57";thence Southwest- 01°34'38" East along the East line of said North- erly along the are of said curve a distance of 50.36 east quarter (NE 1/4) a distance of 150.24 feet; feet to the Point of Beginning. thence North 88°25'22" West departing said east Parcel Control Number: 00-43-42-18-00-000-1050 line a distance of 150.23 feet to the Point of Beginning of the hereinafter described parcel of Parcel 5 land; thence North 88°25'22" West of distance of parcel No. One:From the Southeast corner of the 295.23 feet to a point on the Southeasterly right- of-way line of the C-17 canal as shown on South Southeast 1/4 of the North 1/4 of Section 18, Florida Water Management District Right-of--Way Township 42 South,. Range 43 East, run North Map No.C-17-13 Sheet 5 of 6.Said point being on 88026'55"West along the South line of the South- Map curve concave to the Southeast with a radius of east 114 of the Northeast 114 of said Section 18, a 800.00 feet and a radial bearing at this point of distance of 210 feet to the Southwest corner of the South 42°56'51"East;thence Northeasterly along parcel conveyed to Vernon G. Luckey, et ux, by the arc of said curve and said right-of--way fine deed recorded in Official Record Book 2003, Page North- through a central angle of 19°43'52" a distance of 1841,being the Point of Beginning:thence North- 275.50 feet; thence South 22°34'12" East depart- erly and along the western line of said parcel ing said right-of--way line a distance of 170.46 feet conveyed to Vernon G.Luckey,et ux,a distance of to the Point of Beginning. 149.97 feet; thence North 88°28'50" West, a dis- tance of 93.0 feet;thence Southerly,parallel with Together with a 20 foot wide ingress and egress the West line of said parcel conveyed to Vernon G. easement being more particularly described as Luckey, et ux, a distance of 149.92 feet to the follows: intersection with the South line of said Southeast U4 of the Northeast 1/4 of said Section 18;thence Commencing at the Southeast corner of said North- easterly along said south line a distance of 93.0 east quarter (NE 1/4) of said Section 18; thence feet to the Point of Beginning. North 01 34 38 East along the East line of said Northeast quarter (NE 1/4) a distance of 150.24 Parcel No. Two:From the Southeast corner of the feet; thence North 88°25'22" West departing said Southeast 1/4 of the Northeast 1/4 of Section 18, East line a distance of 150.23 feet to a point on the Township 42 South, Range 43 East, rum North easterly line of the above described parcel of land; 38°26'55"West along the South line of the South- thence North 22°34'12" West along said Easterly east 1/4 of the Northeast 1/4 of said Section 18, a line a distance of 170.46 feet to the Point of distance of 303.0 feet to the Point of Beginning; Beginning of the hereinafter described easement; thence Northerly and parallel with the western thence continue North 22°34'12"West of distance line of the parcel conveyed to Vernon G.Luckey,et of 20.00 feet to a point on the said Southeasterly ux,by deed recorded in Official Record.Book 2003, right-of-way line of the C-17 Canal said point Page 1841,a distance of 149.92 feet;thence North being on a curve concave to the Southeast with a 88°28'50"West,a distance of 142.01 feet to a point radius 800.00 feet and a central angle of 3°40'57'; on the Southerly right-of-way of Canal C-17 of the thence Northeasterly along the are of said curve Central and Southern Florida Flood Control Dis- and said right-of-way line a distance of 51.42 feet trict as described in Deed Book 1075, Page 360; to a point of tangency; thence North 70°27'58" thence Southwesterly along the are of a curve East of distance of 108.89 feet to a point in the concave to the Southeast,having a radius of 800.0 westerly right-of-way line of Old Dixie Highway feet a distance of 192.32 feet(chord 191.96)to the Supp.No.49 10.3 § 1 NORTH PALM BEACH CODE intersection of said curve with the South line of land conveyed to Hykel N. Sarkes, et ux,by deed said Southeast 1/4 of the Northeast 1/4 of said recorded in Deed Book 1090, Page 453; thence Section 18;thence Easterly along said South line West along the South line of said Sarkes parcel a a distance of 262.28 feet to the Point of Beginning. distance of 20 feet, thence North, parallel to the PARCEL ONE & TWO being subject to and to- East line of said Section 18, a distance of 20 feet; thence East 18 feet more or less to the East line of gether with rights of ingress and egress over and said Sarkes parcel; thence Southeasterly along across the following described easements said East line of the Sarkes parcel to the Point of Together with the following easements for ingress Beginning. and egress: 5. An easement for access described as fol- 1. Right of way and easement over the North lows: 30 feet of the East 256.55 feet of the From the Southeast corner of the Southeast 1/4 of parcel of land described in Deed recorded I in Official Record Book 2003, Page 1841. the Northeast 1/4 of Section 18, Township 42 South,Range 43 East,run thence North 1°35'20" 2. Easement for access over the North 20 East along the East line of said Section 18 a feet of the South 170 feet of the East 150 distance of 170 feet to the Point of Beginning; feet of the Southeast 1/4 of the Northeast thence continue Northerly on the same course to a 1/4 of Section 18, Township 42 South, point in the Southwesterly right of way line of the Range 43 East. Old Dixie Highway; thence run Northwesterly 3. Easement for access over the following along said Southwesterly right of way line to a described parcel: point which is 20 feet West of measured at right angles to,the East line of said Section 18;thence Commencing at the Southeast corner of the South- run South,parallel to the East line of said Section east 1/4 of the Northeast 114 of Section 18,Town- 18, to a point 170 feet North of the South line of ship 42 South,Range 43 East;thence North along the Southeast 1/4 of the Northeast 1/4 of said the East line of said Section a distance of 170 feet; Section 18,thence run east 20 feet to the Point of thence West along the North line of a 20 foot Beginning. easement a distance of 150 feet to the Point of Beginning; thence West on a westerly projection PARCEL ONE AND PARCEL TWO ARE ALSO of the last described line, a distance of 15 feet KNOWN AS THE FOLLOWING DESCRIBED more or less to the east line of the parcel of land PROPERTY. conveyed to Hykel N. Sarkes, et ux, by deed A Parcel of land in Section 18,Township 42 South, recorded in Deed Book 1090, Page 450; thence Range 43, East, more particularly described as Southeasterly along the east line of said Sarkes follows: parcel a distance of 25 feet, more or less to the Southwest corner of said 20 foot easement;thence From the Southeast corner of the Southeast 1/4 of North along the West line of said 20 foot easement the Northeast 1/4 of Section 18, Township 42 a distance of 20 feet to the Point of Beginning. South, flange 43 East, continue Westerly along 4. Easement for access over the following the south line of the Southeast 1/4 of the North- described parcel: 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 Commencing at the Southeast corner of the South- parcel;(Point of Beginning);thence North 88°39'20" east 1/4 of the Northeast 1/4 of Section 18,Town- West, 356.50 feet to the Southeasterly right of ship 42 South,Range 43 East;thence north along way of the C-17 canal; thence North 40 021'04" the East line of said Section a distance of 150 feet East, 192.82 feet along the chord of a curve and to the South line of a 20 foot easement; thence the Southeasterly right of way of the C-17 Canal, West along the south line of a 20 foot easement a having a radius of 800 feet,a length of 193.29 feet, distance of 150 feet to the Point of Beginning,said and a delta angle of 13°50'36" to the Northwest point being the Southeast corner of the parcel of corner of said parcel; thence South 88°41'14" Supp.No.49 10.4 CHARTER §:3 East, 235.23 feet along the North line of said Parcel Control Number: 00-43-42-18-00-000-1040 parcel;thence South 01°22'56"West, 149.97(feet) (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, to the Point of Beginning of said parcel. 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. Parcel Control Number: 00-43-42-18-00-000-1060 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, Parcel 6 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. The following property in PALM BEACH County, A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord. Florida: No.2007-05,§2,3-8-07;Ord.No.2008-10,§2(Exh. A), 9-11-08; Ord. No. 2010-18, § 2(Exh.A), 10-28- Aparcel of land in the Southeast quarter(SE 1/4} 10) of the Northeast quarter (NE VQ of Section 18, Township 42 South, Range 43 East, Palm Beach County, Florida, described as follows: ARTICLE III. LEGISLATIVE From the Southeast corner of the Southeast quar- Section 1. Village council;powers and com- ter(SE 1/4) of the Northeast quarter (NE 1/4) of position. Section 18, Township 42 South, Range 43 East. Run North 88°26'55"West along the South line of There shall be a village council with all legis- said Southeast quarter(SE 1/4) of the Northeast lative powers of the village vested therein consist- quarter (NE 1/4) of Section 18, a distance of 150 ing of five(5)members who shall be electors of the feet to the Point of Beginning; thence North village,who shall be elected by the electors of the 1°35'20" East parallel to the East line of Section village. 18, a distance of 150 feet;thence North 88°28'50" (Ord. No. 1-76, § 1, 2-19-76) West a distance of 60 feet to a point: thence Southerly,parallel to the east line of Section 18,a Section 2. Election and terms. distance of 150.04 feet to a point;thence Easterly On the second Tuesday in March of each year a along the South line of the said Southeast quarter general election shall be held to elect members of (SE 1/4) of the Northeast quarter (NE 1/4) of the village council. The selection of members of Section 18, a distance of 60 feet to the Point of the village council shall be by groups to be known Beginning.Also an easement for access over the as Groups 1, 2, 3, 4 and 5. The councilmen in North 20 feet of the South 170 feet of the East 150 Groups 1, 3 and 5 shall be elected in the even feet of the said Southeast quarter (SE 1/4) of the years and councilmen in Groups 2 and 4 shall be Northeast quarter(NE 1/4)of Section 18; also an elected in the odd years. The term of office of a easement for access as described in Deed Book councilman shall commence upon his election and 1117, Pages 281 and 284. Public Records of Palm qualification and shall continue for two (2)years Beach County, Florida. thereafter and until his successor is elected and Parcel Control Number: 00-43-42-18-00-000-1200 qualified; provided, however, that the terms of office of those councilmen whose terms expire in Parcel 7 March of 1981 and March of 1982 shall be short- ened by a period of one week. Beginning at the Southeast corner of the South- (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, east 1/4 of the Northeast 1/4 of Section 18, Town- 10-9-80) ship 42 South, Range 43 East, as a Point of Beginning; thence North along the Easterly sec- Section 3. Mayor. tion line a distance of 150 feet; thence Westerly parallel to the Southerly boundary of this section The council shall elect from among its mem- line a distance of 150 feet; thence Southerly bers a mayor, a vice mayor, and a president pro parallel to the Eastern section line a distance of tem to serve at the pleasure of the council. Elec- 150 feet; thence easterly to the Point of Begin- tion of the mayor, vice mayor and president pro ning. tem shall be done annually at the first (1st) Supp.No.49 10.5 j I §3 NORTH PALM BEACH CODE I regular council meeting after the village election. nance increasing such salary shall become effec- The mayor shall preside at meetings of the coun- tive until the date of commencement of the terms cil, shall be recognized as head of village govern- of the council members elected at the next regular ment for all ceremonial purposes,by the governor election, provided that such election follows the for purposes of military law,for service of process, adoption of such ordinance by at least six (6) j execution of contracts, deeds and other docu- months. ments, and as the village official designated to (Ord. No. 1-76, § 1, 2-19-76) represent the village in all agreements with other governmental entities or certifications to other Section 5. Vacancies;forfeiture of office;fill- governmental entities, but shall have no admin- ing of vacancies. istrative duties except as required to carry out the responsibilities herein. The vice mayor shall act (a} Vacancies. The office of a council member shall became vacant upon his death,resignation, as mayor during the absence or disability of the removal from office mayor. The president pro tem shall preside at in any manner authorized by council meetings in the absence of the mayor and law or forfeiture of his office,such forfeiture to be vice mayor. declared by the remaining members of the coun- cil. The mayor shall have power, for sufficient (b) Forfeiture of office. A council member shall cause, to suspend any Village officer or official forfeit his office if he lacks at any time during his appointed by the council. In case of the suspen- term of office any qualification for the office sion of any such person, the mayor shall, within prescribed by this charter or by law. 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- Supp.No.49 10.6 I i I I CHARTER §8 (c) Filling of vacancies. A vacancy of the coun- press its views and fully and freely discuss with cil shall be filled in one of the following ways: (1) the manager anything pertaining to appointment If there are less than six(6)months remaining in and removal of such officers and employees. the unexpired term or if there are less than six(6) (b) Interference with administration. Except months before the next regular village election, the council by a majority vote of the remaining for the purpose of inquiries and investigations, members shall choose a successor to serve until the council or its members shall deal with village the newly elected council member is qualified. (2) officers and employees who are subject to the If there are more than six (6) months remaining direction and supervision of the manager solely in the unexpired term and no regular village through the manager, and neither the council nor election is scheduled within six (6) months, the its members shall give orders to any such officer council shall fill the vacancy on an interim basis or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit as provided in (1), and shall schedule a special election to be held not sooner than sixty(60)days, individual members of the council from closely nor more than ninety (90) days following the scrutinizing by questions and personal observa- occurrence of the vacancy and if a runoff election tion, all aspects of village government operations is necessary, it shall be scheduled one (1) week so as to obtain independent information to assist after the special election. Notwithstanding any the members in the formulation of sound policies quorum requirements established herein, if at to be considered by the council. It is the express any time the membership of the council is reduced intent of this charter,however,that recommenda- to less than a quorum, the remaining members tions for improvement in village government op- may by majority vote, appoint additional mem- erations by individual council members be made bers under either (1) or (2) above. to and through the village manager, so that the manager may coordinate efforts of all village (d) Extraordinary vacancies. In the event that departments to achieve the greatest possible sav- all members of the council are removed by death, ings through the most efficient and sound means disability, law or forfeiture of office, the governor available. shall appoint an interim council that shall call a special election as provided in(c) above and such (c) Holding other office. No former elected vil- election shall be held in the same manner as the lage official shall hold any compensated appoint- first (1st) election under this charter. ive village office or employment until one(1)year after the expiration of the term for which he was (e) Vacancies when no candidates. There may elected. be an occasion when there are no candidates for a (Ord. No. 1-76, § 1, 2-19-76) normal council vacancy at the time of a regularly .scheduled or special election. In the event this Section 7. Turnover of documents. occurs, a majority of the council shall fill the vacancy as noted in (c)(1) above and shall sched- It shall be the duty of every officer of the village ule any necessary election as noted in(c)(2)above. within ten (10) days after the expiration of his (Ord.No. 1-76, § 1,2-19-76;Ord.No. 33-2002, § 1, term of office or of his removal therefrom, to 12-12-02) deliver to his successor in office, or to such person Editor's note—Ord. No. 33-2002, was passed by vote in as the council may designate, all books, records, an election held March 11,2003. papers,vouchers and property of every kind in his possession or control,belonging to the municipal- Section 6. Prohibitions. ity. (a) Appointment and removals. Neither the (Ord. No. 1-76, § 1, 2-19-76) council nor any of its members shall in any Section 8. Council-appointed officials. manner dictate the appointment or removal of any village administrative officers or employees The council shall have power to employ and whom the manager or any of his subordinates are retain engineers, judges, prosecutors, accoun- empowered to appoint, but the council may ex- tants and attorneys. The council shall have the Supp.No.25 11 i §8 NORTH PALM BEACH CODE power to create and abolish all offices and fix and sideration by the council of any adopted determine the authority,duties and compensation ordinance and, if the council fails to re- of all appointed officers, assistants and employ- peal an ordinance so reconsidered, to ap- ees. prove or reject it at a village election, (Ord. No. 1-76, § 1, 2-19-76) provided that such power shall not extend to the budget or capital program or any Section 9. Procedure. emergency ordinance or ordinance relat- (a) Meetings. The council shall meet regularly ing to appropriation of money, levy of at least once in every month at such times and taxes or salaries of village officers or em- places as the council may prescribe by rule. Spe- ployees. cial meetings may be held on the call of the mayor or of a majority of the members and, whenever (b) Commencement of proceedings. Any five(5) practicable, upon no less than forty-eight (48) qualified voters may commence initiative or ref- hours' notice to each member and the public. erendum proceedings by filing with the village v; clerk or other official designated by the council an (b) Rules and journal. The council shall deter- affidavit stating they will constitute the petition- mine its own rules and order of business. ers' committee and be responsible for circulating ! (c) Voting. Voting, on ordinances and resolu- the petition and filing it in proper form, stating tions, shall be recorded in the journal.A majority their names and addresses and specifying the !) of the council shall constitute a quorum; but a address to which all notices to the committee are smaller number may adjourn from time to time to be sent, and setting out in full the proposed and may compel the attendance of absent mem- initiative ordinance or citing the ordinance sought bers in the manner and subject to the penalties to be reconsidered. ' prescribed by the rules of the council.No action of the council except as otherwise provided in the Promptly after the affidavit of the petitioners' preceding sentence and in § 5, shall be valid or committee is filed, the clerk or other official binding unless adopted by the affirmative vote of designated by the council may, at the committee's the majority of a quorum present, and no ordi- request, issue the appropriate petition blanks to nance or resolution shall be adopted unless by the the petitioners' committee at the committee's ex- affirmative vote of at least three(3)council mem- pense. i bers. r. (Ord.No. 1-76, § 1,2-19-76;Ord.No.34-2002, § 1, (c) Petitions. 12-12-02) j Editor's note Ord. No. 34-2002, was passed by vote in (1) Number Of signatures. Initiative and ref- erendum petitions must be signed b qual- ified an election held March 11,2003. p y q � ified voters of the village equal in number Section 10. Initiative and referendum. to at least fifteen percent (15%) of the j (a) (1) Initiative. The qualified voters of the total number of qualified voters regis- I! village shall have power to propose ordi- tered to vote at the last regular village j nances to the council and, if the council election. fails to adopt an ordinance so proposed without any change in substance,to adopt (2) Form and content. All papers of a petition shall be uniform in size and style and or reject it at a village election, provided shall be assembled as one instrument for that such power shall not extend to the filing.Each signature shall be executed in budget or capital program or any ordi- ink or indelible pencil and shall be fol- nance relating to appropriation of money, lowed by the address of the person sign- i levy of taxes or salaries of village officers ing. Petitions shall contain or have at- or employees. tached thereto throughout their circulation (2) Referendum. The qualified voters of the the full text of the ordinance proposed or village shall have power to require recon- sought to be reconsidered. Supp.No.25 12 i CHARTER § 10 (3) Affidavit of circulator. Each paper of a send a copy of such certificate to the petition shall have attached to it when petitioners' committee by certified mail, filed an affidavit executed by the circula- return receipt requested, as in the case of for thereof stating that he personally cir- an original petition. If a petition or culated the paper, the number of signa- amended petition is certified sufficient, or tures thereon,that all the signatures were if a petition or amended petition is certi- affixed in his presence, that he believes fied insufficient and the petitioners' com- them to be the genuine signature of the mittee does not elect to amend or request persons whose names they purport to be council review under subsection(2)of this and that each signer had an opportunity section within the time required,the clerk before signing to read the full text of the or other official designated by the council ordinance proposed or sought to be recon- shall promptly resent his certificate to sidered. the council and the certificate shall then (4) Time for filing referendum petitions. Ref- be a final determination as to the suffi- erendum petitions must be filed within ciency of the petition. thirty (30) days after adoption by the (2) Council review. If a petition has been council of the ordinance sought to be re- certified insufficient and the petitioners' considered. committee does not file notice of intention (d) Procedure for filing. to amend it or if an amended petition has been certified insufficient, the committee (1) Certificate of clerk; amendment. Within may within two (2) days after receiving twenty(20) days after the initiative peti- the copy of such certificate, file a request tion is filed and twenty (20) days for a that it be reviewed by the council. The referendum petition, the village clerk or council shall review the certificate at its other official designated by the council next meeting following the filing of such shall complete a certificate as to its suffi- request and approve or disapprove it, and ciency, specifying, if it is insufficient, the the council's determination shall then be particulars wherein it is defective and a final determination as to the sufficiency shall promptly send a copy of the certifi- of the petition. cate to the petitioners' committee by cer- tified mail, return receipt requested. (e) Referendum petitions, suspension of effect Grounds for insufficiency are only those of ordinance. When a referendum petition is filed specified in subsection (c).A petition cer- with the village clerk or other official designated tified insufficient for lack of the required by the council, the ordinance sought to be recon- number of valid signatures may be sidered shall be suspended from taking effect. amended once if the petitioners' commit- Such suspension shall terminate when: tee files a notice of intention to amend it (1) There is a final determination of insuffi- with the clerk or other official designated ciency of the petition, or; by the council within two (2) days after receiving the copy of the certificate and (2) The petitioners'committee withdraws the files a supplementary petition upon addi- petition, or; tional papers within ten (10) days after (3) The council repeals the ordinance, or; receiving the copy of such certificate.Such supplementary petition shall comply with (4) After a vote of the village on the ordinance the requirements of subsections (2) and has been certified. (3) of Section 10(c), and within five (5) (f) Action on petitions. days after it is filed the clerk or other official designated by the council shall (1) Action by council. When an initiative or complete a certificate as to the sufficiency referendum petition has been finally de- of the petition as amended and promptly termined sufficient, the council shall Supp.No.25 13 i § 10 NORTH PALM BEACH CODE promptly consider the proposed initiative ceiving the greatest number of affirma- ordinance in the manner provided in Ar- tive votes shall prevail to the extent of ticle III or reconsider the referred ordi- such conflict. nance by voting its repeal. If the council fails to adopt a proposed initiative ordi- (2) Referendum. If a majority of the qualified j nance without any change in substance electors voting on a referred ordinance vote against it, it shall be considered within sixty(60)days or fails to repeal the repealed upon certification of the election referred ordinance within thirty(30)days, results. it shall submit the proposed or referred (Ord.No. 1-76, § 1,2-19-76;Ord.No.35-2002, § 1, ordinance to the voters of the village. 12-12-02) Editor's note—Ord. No. 35-2002, was passed by vote in (2) Submission to voters. The vote of the an election held March 11,2003. village on a proposed or referred ordi- nance shall be held not less than thirty Section 11. Sale of property;referendum re- (30) days and not later than sixty (60) quired. days from the date that the petition was determined sufficient. If no regular vil- (a) Any disposition of village owned real prop- lage election is to be held within the erty dedicated or used for parks or recreational period described in this subsection, the purposes within the corporate limits of the Village council shall provide for a special election; of North Palm Beach; improvements of same by except that the council may, in its discre- other than the village government by way of tion, provide for a special election at an placing structures thereon; any lease of said real earlier date within the described period. property by the village as lessor for a period Copies of the proposed or referred ordi- exceeding five (5) years shall first require a four- nance shall be made available at the polls. fifths majority vote of the members of the Village Council and shall further require approval by (3) Withdrawal of petitions. An initiative or vote of 662/3 percent of the Village electors who referendum petition may be withdrawn at vote in a referendum election called and held as any time prior to the fifteenth (15th) day provided by law. This section shall apply to real preceding the day scheduled for a vote of property acquired by the Village subsequent to the village by filing with the village clerk the date of adoption of this charter, which real or other official designated by the council property is dedicated or used for parks or recre- a request for withdrawal signed by at ational purposes. least four (4) members of the petitioners' committee. Upon the filing of such re- (b) The limitation of power to dispose of prop- quest the petition shall have no further erty shall embrace sale, exchange, lease, mort- force or effect and all proceedings thereon gage, pledge, or other encumbrance of such real property; but shall not embrace abandonment, shall be terminated. gift or donation to a charity of such real property officially determined to be of no further use to the (g) Results of election. Village and'of nominal sale value or no value. (1) Initiative. If a majority of the qualified (c) The parks or recreational property to which electors voting on a proposed initiative this section presently applies are depicted on the ordinance vote in its favor, it shall be map of the Village attached hereto and shown by considered adopted upon certification of crosshatching thereon, together with the follow- the election results and shall be treated in ing descriptions for the crosshatched areas:North all respects in the same manner as ordi- Palm Beach Community Center and Park,Anchor- nances of the same kind adopted by the age Park, Lakeside Park, Osborne Park, North council. If conflicting ordinances are ap- Palm Beach Country Club, Village Marina and proved at the same election, the one re- Herb Watt Recreational Center. Supp.No. 25 14 I I I CHARTER §3 (d) This section shall not apply to any struc- referendum election called for and held as pro- tures on or upon Village owned real property that vided by law. This section is not intended nor exist as of the date of adoption of this Charter shall it be construed as a prohibition against the Amendment; no [nor] shall this section apply to Village entering into contracts and interlocal agree- the repair or reconstruction of any such existing ments with public or private entities for services structures; except that this section shall apply to and assistance within one or more of the specified such structures in the event that said existing Village departments structures shall be abandoned or officially deter- (Ord. No. 37-2002, § 1, 12-12-02 mined to be of no further use to the Village. Editor's note—Ord. No. 37-2002,was passed by vote in an election held March 11,2003. (e) This section shall not apply to any disposi- Editor's note—Ord. No. 2006-24, § 3, adopted Nov. 9, tion of Village owned real property, any improve- 2006,provided the following:"The duties and responsibilities ment of same byway of placing structures thereon, of the Public Services Department have been allocated to the Public Works Department and the Community Development or any lease of said real property by the Village if Department. Consequently, the reference to the Public Ser- the same is required by State or Federal law, or if vices Department Administration in § 12 herein shall be required by mandate of any agency or subdivision construed to include both the Public Works Department Ad- or the State or Federal Government with jurisdic- ministration and the Community Development Department tion over the Village. Administration, thereby retaining its existing meaning and avoiding the need for a referendum vote to amend the Charter (f) This section shall not apply to the construc- to conform to Ordinance No.2006-23." tion of public utility structures,nor the placement of underground utility structures including, but ARTICLE IV. ADMINISTRATIVE not limited to, water mains, sewer lines, storm water drainage and other utilities. Section 1. Village manager. (g) This section shall not apply to the construc- There shall be a village manager who shall be tion of structures deemed necessary by the Vil- the chief administrative officer of the village.The lage for public recreational purposes on Village owned real property on which public recreational manager shall be responsible to the council for structures exist as of the date of adoption of this the administration of all village affairs placed in Charter Amendment. his charge by or tinder this charter. (Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002, (Ord. No. 1-76, § 1, 2-19-76) § 1, 12-12-02) Editor's note—Ord. No. 36-2002,was passed by vote in Section 2. Appointment; removal; compen- an election held March 11,2003. sation [of manager]. Section 12. Contracting of village services; (a) Appointment. The council shall appoint a referendum required. village manager for an indefinite term by a ma- jority vote of all the council members. No contract or interlocal agreement shall be (b) Removal.The council may remove the man- entered into between the Village and a third- ager by a majority vote of all the council members party public or private entity whereby the third and the manager shall hold office at the pleasure party is to take over the management and per- of the council. form the duties and responsibilities of either the Public Safety Police, Fire or Emergency Medical (c) Compensation. The compensation of the Services Divisions, the Public Services Depart- manager shall be fixed by the council. ment Administration, Building or Sanitation Di- (Ord. No. 1-76, § 1, 2-19-76) visions, Finance Department, Recreation Depart- ment or Library unless the proposed contract or Section 3. Vacancy [in office of manager]. interlocal agreement first receives a four-fifths vote of the Village Council and the approval of During any vacancy in the office of village two-thirds of the Village electors who vote in a manager, the council may designate any compe- Supp.No.33 15 1 §3 NORTH PALM BEACH CODE tent person, except the mayor or any member of (e) Prepare and submit the annual budget, the council,to execute the functions of the office of budget message, and capital program to village manager. the council in a form provided by ordi- (Ord. No. 1-76, § 1, 2-19-76) nance; (f) Submit to the council and make available Section 4. Acting village manager. to the public a complete report on the finances and administrative activities of By letter filed with the council, the manager the village as of the end of each fiscal shall designate,subject to approval of the council, year; a qualified village administrative officer to exer- (g) Make such other reports as the council cise the powers and perform the duties of man- may require concerning the operations of ager during his temporary absence or disability. village departments, offices and agencies, During such absence or disability,the council may subject to his direction and supervision; revoke such designation at any time and appoint (h) Keep the council fully advised as to the another officer of the village to serve until the manager shall return or his disability shall cease. financial condition and future needs of (Ord. No. 1-76, § 1, 2-19-76) the village and make such recommenda- tions to the council concerning the affairs of the village as he deems desirable; Section 5. Powers and duties of the village (i) Sign contracts on behalf of the village manager. pursuant to the provisions of appropria- The Village Manager shall: tions ordinances; 0) Perform such other duties as are specified (a) Appoint, and when he deems it necessary in this charter or may be required by the for the good of the village, suspend or council. remove all village employees and appoint- (Ord. No. 1-76, § 1, 2-19-76) ive administrative officers provided for by or under this charter, except as otherwise Section 6. Country club administrator. provided by law,this charter or personnel The council shall have the power by ordinance rules adopted pursuant to this charter.He to provide for the management and/or adminis- may authorize any administrative officer tration of any village owned or operated country who is subject to his direction and super- club and its related activities,in whole or in part, ' vision to exercise these powers with re- separate from the office of the Village Manager spect to subordinates in that officer's de- and to specify the authority, if any, that the partment, office or agency; Village Manager shall have over employment, (b) Direct and supervise the administration management, administration or other matters in of all departments, offices and agencies of any way connected with the operation of any the village, except as otherwise provided village owned or operated country club. by this charter or by law; (Ord. No. 1-76, § 1, 2-19-76) (c) Attend all council meetings and shall have Section 7. Village clerk. the right to take part in discussion but There shall be a Village Clerk who shall be may not vote; responsible to the council for the proper adminis- tration of all affairs of the village coning under (d) See that all laws, provisions of this char- the clerk's control as defined in Article IV,Section ter and acts of the council, subject to 10. enforcement by him or by officers subject (Ord. No. 38-2002, § 1, 12-12-02) to his direction and supervision,are faith- Editor's note Ord. No. 38-2002, § 1, adopted Dec. 12, fully executed; 2002, repealed Art. IV, § 7, in its entirety and enacted new Supp.No.33 16 i 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. i I i Supp.No.33 16.1 CHARTER §4 (b) Removal. The council may remove the clerk (e) To furnish the council at any time such by a majority vote of all the council members, and reports, data and information as may be neces- the clerk shall hold office at the pleasure of the sary to fully inform the Council as to the affairs of council. the village, furnishing the Council regularly with (c) Compensation. The compensation of the such detailed reports of the village government as may be necessary clerk shall be fixed by the council. (Ord. No. 38-2002, § 4, 12-12-02) (Ord. No. 38-2002, § 2, 12-12-02) Editor's note—Ord. No. 38-2002,was passed by vote in Editor's note—Ord. No. 38-2002,was passed by vote in an election held March 11,2003. an election held March 11,2003. Section 9. Vacancy in the office of clerk. ARTICLE V. QUALIFICATIONS AND ELECTIONS During any vacancy in the office of village clerk, the deputy village clerk shall assume the Section 1. Nonpartisan elections. duties of the village clerk. If there is no deputy village clerk, the council may designate any com- All qualifications and elections for the office of petent person,except the mayor or any member of village councilman shall be conducted on a non- the council,to execute the functions of the office of partisan basis without regard for or designation village clerk. of political party affiliation of any nominee on any (Ord. No. 38-2002, § 3, 12-12-02) nomination petition or ballot. Editor's note—Ord. No. 38-2002,was passed by vote in (Ord. No. 1-76, § 1, 2-19-76) an election held March 11,2003. Section 2. Qualifications. Section 10. Powers and duties of the village Candidates for the office of village councilman clerk. shall qualify for such office by the filing of a The powers and duties of the village clerk are written notice of candidacy with the designated and shall be: official at such time and in such manner as may be prescribed by ordinance. (a) To attend all official meetings of the council (Ord. No. 1-76, § 1, 2-19-76) in person or by deputy and keep minutes of its proceedings,which,after being approved,shall be Section 3. Form of ballots. engrossed in a well-bound book, or other perma- nent record, and signed by the village clerk. The council by ordinance shall prescribe the method for listing candidates for village council (b) To be the custodian of the Village Seal and elections and any other village election.A charter of all records and papers of a general or perma- amendment to be voted on by the village shall be nent character pertaining to the affairs of the presented for voting by ballot title.The ballot title municipality. of a measure may differ from its legal title and (c) To attest all executory contracts made in shall be a clear, concise statement describing the behalf of the village as evidence of the authoriza- substance of the measure without argument or tion of such contracts by the council; and no prejudice. Ord.No. 1-76, § 1,2-19-76; Ord.No. 39-2002, § 1, executory contracts made in behalf of the village (Ord. or to which the village is a party shall be valid Editor's note—Ord. No. 39-2002, was passed by vote in unless attested by the village clerk. an election held March 11,2003. (d) To preserve, file and index all contracts to Section 4. General and runoff election. which the village is a party,which file and record shall be open to the inspection of all interested Whenever a general or special election is held persons at all reasonable times, in the clerk's to fill any elective office in the Village of North office. Palm Beach,the candidate receiving a majority of Supp.No.25 17 i� I §4 NORTH PALM BEACH CODE the votes cast at such election to fill such office ter)as amended by special law or otherwise which shall be declared to be duly elected;provided that are not embraced herein and which are not incon- in the event no candidate for a particular elective sistent with this charter shall become ordinances office shall receive a majority of the votes cast at of the village subject to modification or repeal in such election to fill such office, then a runoff the same manner as other ordinances of the election shall be held two weeks after the original village. election to elect a candidate to fill such office; (Ord. No. 1-76, § 1, 2-19-76) provided further that in such event only the names of the two candidates having received the Section 2. Ordinances preserved. greatest number of votes in the election for such office shall be submitted to the voters and the one All ordinances in effect upon the adoption of receiving the majority number of votes in such this charter,to the extent not inconsistent with it, runoff election shall be declared to be duly elected shall remain in force until repealed or changed as to such office;provided further that should two or provided herein. more candidates receive an equal number of votes (Ord. No. 1-76, § 1, 2-19-76) 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 Section 3. Rights of officers and employees. such candidates shall be submitted at the runoff election and the candidate receiving the greatest Nothing in this charter except as otherwise number of votes at such election shall be declared specifically provided shall affect or impair the elected to such office, regardless of whether such rights or privileges of persons who are village candidate received a majority of the votes cast to officers or employees at the time of adoption. fill such office at such runoff election. Elected officers shall continue to hold their offices (Ord. No. 1-76, § 1, 2-19-76) and discharge the duties thereof until their suc- cessors are elected. Section 5. Unopposed candidates. (Ord. No. 1-76, § 1, 2-19-76) In the event not more than one (1) person Section 4. Pending matters. qualified as a candidate for a designated seat on the village council to be filled at an election, that All rights, claims, actions, orders, contracts seat shall not be listed on the regular village election ballot. Each unopposed candidate shall and legal or administrative proceedings involving be deemed to have voted for himself. the village shall continue except as modified pur- (Ord. No. 1-76, § 1, 2-19-76) suant to the provisions of this charter. (Ord. No. 1-76, § 1, 2-19-76) Section 6. Recall. The qualified voters of the village shall have Section 5. Miscellaneous provisions. the power to recall and to remove from office any In case any one or more of the sections or elected official of the village as provided by gen- provisions of this Charter or the application of li eral law. such sections or provisions to any situation shall (Ord. No. 1-76, § 1, 2-19-76) for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other ARTICLE VI. TRANSITION SCHEDULE sections or provisions of this Charter or the ap- plication of such sections or provisions as to any Section 1. Continuation of former charter other situation and it is intended that this Char- provisions.- ter shall be construed and applied as if such unconstitutional section or provision had not been All provisions of Chapter 31481, Laws of Flor- included herein. ida,Extraordinary Session 1956,(the former char- (Ord. No. 1-76, § 1, 2-19-76) Supp.No.25 18 I CHARTER §7 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 [The next page is 651