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:
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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~
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