Loading...
Ordinance 1986-011 Greenspace OrdinanceORDINANCE N0. 11-86 ' AN UKUINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FUK IHL SUBMISSION 10 7HE ELECIUKS OF SAID VILLAGE A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, SAID AMENDMENT TO PROVIDE THAT THE SALE, LEASE OR IMPROVEMENT OF CERTAIN VILLAGE OWNED REAL PROPERTY DEDICATED OR USED FOR PARK OR RECREATIONAL PURPOSES LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE CAN BE MADE ONLY AFTER APPROVAL BY A FOUR-FIFTHS MAJORITY VOTE OF THE VILLAGE COUNCIL AND AFTER THE APPROVAL OF 66 2/3 PERCENT OF THOSE VOTING BY A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION CALLED AND NELD AS PROVIDED BY LAW; PROVIDING AN EFFECTIVE DATE SHOULD THE AMENDMENT TO THE CHARTER BE APPROVED AT SUCH REFERENDUM ELECTION; PROVIDING A SEVERABILITY CLAUSE, SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SAID REFERENDUM ELECTION, AND FOR OTHER PURPOSES. ' BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. There shall be submitted to the electors of the village of North Palm Beach, Palm Beach County, Florida (hereinafter referred to as "Village"), at a regular election to be held within the Village on November 4, 1986, a proposed amendment to the existing Village Charter, said amendment to be an additional Section 11 to ARTICLE III. (LEGISLATIVE) of the existing Village Charter, which said amendment shall read as follows: Section 11. Sale of Property -Referendum Required. (a) Any disposition of Village owned real property dedicated or used for parks or recreational purposes within the corporate limits of the Village of North Palm Beach; improvement of same by other than the Village government by way of placing structures thereon; any lease of ' said real property by the Village as lessor for a period exceeding five (6) years shall first require a four-fifths majority vote of the members of the Village Council and shall further require approval by vote of 66 2/3 percent of the Village electors who vote in a referendum election called and held as provideA by law. This section shall apply to real property acquired by the Village subsequent to the date of adoption of this charter, which real property is dedicated or used for parks or recreational purposes. (b) The limitation of power to dispose of property shall embrace sale, exchange, lease, mortgage, pledge, or other encumbrance of such real property; but shall not embrace abandonment, gift or donation to a charity of such real property officially determined to be of no further use to the Village and of nominal sale value or no value. (c) The parks or recreational property to which this section presently applies are depicted on the map of the Village attached hereto and shown by crosshatching ' thereon, together with the following descriptions for the crosshatched areas: North Palm Beach Community Center and Park, Anchorage Park, Lakeside Park, Osborne Park, North Palm Beach Country Club, Village Marina and Herb Watt Recreational Center. (d) This section shall not apply to any structures on or upon Village owned real property that exist as of the date of adoption of this Charter Amendment; nor shall this section apply to the repair or reconstruction of any such existing structures; except that this section shall• apply to such structures in the event that said existing structures shall be abandoned or officially determined to be of no further use to the Village. (e) This section shall not apply to any disposition of Village owned real property, any improvement of same by way of placing structures thereon, or any lease of said real property by the Village if the same is required by State or Federal law, or if required by mandate of any agency or subdivision or the State or Federal Government with jurisdiction over the Village. (f) This section shall not apply to the construction of ' public utility structures, nor the placement of underground utility structures including, but not limited to, water mains, sewer lines, storm water drainage and other utilities. (g) This section shall not apply to the construction of structures deemed necessary by the Village for public recreational purposes on Village owned real property on which public recreational structures exist as of the date of adoption of this Charter Amendment. Section 2. Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 3. At the election provided for in Section 1 of this Ordinance, the question to be voted on by the ' electors shall be phrased substantially as follows, unless otherwise directed by the Village Council, to~wit: 2 SHALL THE VILLAGE OF NORTH PALM BEACH AMEND ITS CHARTER, EFFECTIVE IMMEDIATELY UPON PASSAGE, 1N ACCORDANCE WITH THE AMENDMENT SET FORTH IN ORDINANCE NO.. 11-86 PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON THE 11TH DAY OF SEPTEMBER, 1986, TITLED: "AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF SAID VILLAGE A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, SAID AMENDMENT TO PROVIDE THAT THE SALE, LEASE OR ' IMPROVEMENT OF CERTAIN VILLAGE OWNED REAL PROPERTY DEDICATED OR USED FOR PARK OR RECREATIONAL PURPOSES LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE CAN BE MADE ONLY AFTER APPROVAL BY AFOUR-FIFTHS MAJORITY VOTE OF THE VILLAGE COUNCIL AND AFTER THE APPROVAL OF 66 2/3 PERCENT OF THOSE VOTING BY A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION CALLED AND HELD AS PROVIDED BY LAW; PROVIDING AN EFFECTIVE DATE SHOULD THE AMENDMENT TO THE CHARTER BE APPROVED AT SUCH REFERENDUM ELECTION; PROVIDING A SEVERABILITY CLAUSE, SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SAID REFERENDUM ELECTION, AND FOR OTHER PURPOSES." WHICH SAID AMENDMENT ESTABLISHES A REQUIREMENT FOR THE APPROVAL BY VOTE OF THE VILLAGE ELECTORS IN A REFERENDUM ELECTION BEFORE THE SALE, LEASE OR IMPROVEMENT OF CERTAIN MUNICIPAL REAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE CAN BE MADE. THIS PROVISION SHALL APPLY TO REAL PROPERTY PRESENTLY TITLED IN THE NAME OF THE VILLAGE, AND REAL PROPERTY ACQUIRED BY THE VILLAGE SUBSEQUENT TO THE DATE OF ADOPTION OF THE CHARTER AMENDMENT, WHICH REAL PROPERTY IS DEDICATED OR USED FOR PARKS OR RECREATIONAL PURPOSES. Section 4. The amendment set forth in Section 1 hereof shall become ' effective immediately upon passage, if, at the election above provided, the question to be voted upon, as hereinabove stated, receives an affirmative vote of a majority of the votes cast at said election. Section 5. This Ordinance is enacted pursuant to the provisions of the "Municipal Nome Rule Powers Act" (Section 166.031 Florida Statutes, 1971). Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 14TH DAY OF AUGUST, 1986. PLACED ON SECOND, FINAL READING AND PASSED THIS 11TH DAY OF SEPTEMBER, 1986. ATTEST: PiTTage e~ 3