1999-018 Fidelity Federal Bank Loan for Computer Purchase.,
~ RESOLUTIONt~ 99
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• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA; AUTHORIZING THE
S ISSUANCE OF A NOTE OF THE VILLAGE IN THE PRINCIPAL
~ AMOUNT OF $600,000 TO FINANCE VARIOUS CAPITAL
EXPENDITURES; PROVIDING THAT SUCH NOTE SHALL BE A
I LIMITED OBLIGATION OF THE VILLAGE PAYABLE FROM
~ FRANCHISE FEES AND PUBLIC SERVICE TAXES OF THE
i VILLAGE; PROVIDING FOR THE RIGHTS, SECURITIES, AND
j REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTNE DATE.
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BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, THAT:
Section 1. Authority for this R .solute, This Resolution is adopted pursuant to the
i provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, the Charter of the Village of North Palm Beach, Florida, and other applicable
j provisions of law.
Section 2. Definitions. The following words and phrases shall have the following meanings
when used herein:
"Act" means Article VIII, Section 2 and Article VII, Section 12 of the Constitution of the
State of Florida, Chapter 166, Florida Statutes, the Charter of the Issuer, and other applicable
provisions of law.
"Business Day" means any day except any Saturday or Sunday or day on which the Principal
Office of the Original Purchaser is closed.
"Clerk" means the duly appointed Village Clerk of the Issuer, or any duly authorized deputy
thereof.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporazy, proposed or final, promulgated thereunder or applicable thereto.
"Issuer" means the Village of North Palm Beach, Florida, a municipal corporation of the
State of Florida.
• "Mayor" means the Mayor of the Issuer, or in his or her absence or inability to act, the
Vice-Mayor of the Issuer.
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~ "Note" means the Note of the Issuer authorized by Section 4 hereof.
• "Original Purchaser" means Fidelity Federal Savings Bank of Florida.
"Owner" means the Person or Persons in whose name or names the Note shall be registered
on the books of the Issuer kept for that purpose in accordance with provisions of this Resolution.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
~ "Pledged Revenues" means (i) all fees derived by the Issuer from the granting of franchises
t to provide telephone and telegraph service, electric light and power facilities and facilities for the
purchase, transmission, distribution and sale of natural gas within the Village (the "Franchise
Fees"), including, but not limited to, those fees derived pursuant to Resolution No. 5-90 adopted
by the Village Council on Mazch 8, 1980, Ordinance No. 14-80, enacted by the Village Council
on July 24, 1980 and Ordinance No. I1-80, enacted by the Village Council on May 22, 1980 and
(ii) all of the proceeds derived by the Issuer from the imposition of a tax on the purchase of
electricity, metered or bottled gas (natural liquified petroleum gas or manufactured), and water
service pursuant to the provisions of Section 166.231, Florida Statutes, as amended and
supplemented (the "Public Service Tax").
"Principal Office" means, with respect to the Original Purchaser, the office located at 218
Datura Street, West Palm Beach, Florida 33401 or such other office as the Original Purchaser may
designate to the Issuer in writing.
"Project" means various capital expenditures.
"Resolution" means this Resolution, pursuant to which the Note is authorized to be issued,
including any Supplemental Resolutions.
"State" means the State of Florida.
"Supplemental Resolution" means any resolution amendatory or supplemental to this
Resolution adopted by the Issuer in accordance with Section 9 hereof.
Section 3. Re olutiorLto~onstitute_aS<ontract. In consideration of the purchase and
acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof
from time to time, this Resolution shall constitute a contract between the Issuer and the Owners.
Section 4. Authorizatio~o~Nnte. Subject and pursuant to the provisions of this
Resolution, an obligation of the Issuer is hereby authorized to be issued under and secured by this
Resolution, in the principal amount of 5600,000, for the purpose of providing funds to pay for
• the Project. Because of the characteristics of the Note, prevailing market conditions, and
i additional savings to be realized from an expeditious sale of the Note, it is in the best interest of
• the Issuer to accept the offer of the Original Purchaser to purchase the Note at a private negotiated
sale. Prior to the issuance of the Note the Issuer shall receive from the Original Purchaser the
+ disclosure statement containing the information required by Section 218.385, Florida Statutes.
I Section 5. I2esrription_ of Note. The Note shall be dated the date of its execution and
l delivery, which shall be March 16, 1999 unless another date is agreed upon by the Mayor and the
Original Purchaser, and shall have such other terms and provisions, including the interest rate and
maturity date, as stated in the form of Note attached hereto as Exhibit A. The Note is to be in the
form set forth on Exhibit A attached hereto. The Note shall be executed on behalf of the Issuer
7 with the manual signature of the Mayor and shall have impressed thereon the official seal of the
Issuer, and be attested with the manual signature of the Clerk, and the said Mayor and Clerk are
hereby authorized to execute and attest to the Note on behalf of the Issuer.
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Section 6. Registration and F~apge of Notes. percon__ c Tre~t~d~S Own~rc The I~TOte is
initially registered to the Original Purchaser. So long as the Note shall remain unpaid, the Issuer
will keep books for the registration and transfer of the Note. The Note shall be transferable only
upon such registration books.
The Person in whose name the Note shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall
be made only to or upon the written order of the Owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so
paid.
Section 7. Payr~en_t of Princ]p~~nt r c • t imit~d Ohligation. The Issuer promises
that it will promptly pay the principal of and interest on the Note at the place, on the dates and in
the manner provided therein according to the true intent and meaning hereof and thereof.
Notwithstanding any other provision hereof, the principal of and interest on the Note shall
be payable solely from the Pledged Revenues and the Owner shall have no recourse to any other
assets of the Issuer for payment of amounts due on the Note.
The Issuer covenants that for so long as the Note shall remain unpaid, it will not repeal the
existing Franchise Fee agreements or modify such agreements so as to reduce the rate at which
such fees are levied, as of this date or otherwise modify such agreements in any manner so as to
impair or adversely affect the ability of the Issuer to levy and collect the Franchise Fees, and the
Village agrees that it will use its best efforts to assure that any Franchise Fee agreement which
expires prior to repayment of the Note will be renewed or renegotiated on a basis comparable to
the expiring agreement so as to produce the same or a higher level of fees as is obtained under the
existing agreement. Further, the Issuer covenants that for so long as the Note shall remain unpaid,
it will continue to impose a Public Service Tax, and will not amend or repeal the provisions of the
• resolutions and/or ordinances of the Issuer that impose the Public Service Tax as of the date hereof
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so as to reduce the rate at which the Public Service Tax is collected, or otherwise modify the
proceedings of the Issuer relevant to the Public Service Tax in any manner so as to impair or
adversely affect the ability of the Issuer to levy and collect the Public Service Tax. To the extent
permitted by law, the Issuer shall impose a Public Service Tax at such rate as shall, together with
the Franchise Fees collected by the Issuer, be sufficient to pay the principal of and interest on the
1 Note as the same shall become due and payable. To the extent permitted by law, the Issuer shall
-~ establish Franchise Fees in such amounts as shall, together with the Public Service Tax, be
sufficient to pay the principal of and interest on the Note as the same shall become due and
payable.
-~ The Village will not issue any other obligations or incur any liability payable from the
Pledged Revenues and having a right to payment therefrom that is prior to the right to repayment
therefrom of the Note. Furthermore, the Issuer will not issue any other obligations or incur any
liability payable from the Pledged Revenues unless (i) there is no default with respect to payment
- of the principal of or interest on the Note or otherwise hereunder and (ii) one-half of the Pledged
Revenues collected by the Issuer during the 24 full months most recently concluded preceding the
date of issuance of such additional debt or incurrence of such additional liability shall be at ]east
1.5 times the maximum amount of principal and interest or other form of payment scheduled to
__ be made with respect to the Issuer's Promissory Note dated January 31, 1997 in the original
principal amount of $6,560,000, the Note and such additional debt or liability during any twelve
month period after the date of issuance of such additional debt.
~ Section 8. Complian~p wirh Tax_$equitements. The Issuer hereby covenants and agrees,
for the benefit of the Owners from time to time of the Note, to comply with the requirements
S applicable to it contained in Section 103 and Part N of Subchapter B of Chapter 1 of the Code to
the extent necessary to preserve the exclusion of interest on the Note from gross income for
federal income tax purposes. Specifically, without intending to limit in any way the generality of
the foregoing, the Issuer covenants and agrees:
(1) to refrain from using proceeds of the Note in a manner that
would cause the Note to be classified as a private activity bond under
Section 141(a) of the Code; and
(2) to refrain from taking any action or omitting to take any action
if such action or omission would cause the Note to become an arbitrage
bond under Section 103(b) and Section 148 of the Code.
The Issuer understands that the foregoing covenants impose continuing obligations on the
Issuer to comply with the requirements of Section 103 and Part N of Subchapter B of Chapter 1
of the Code so long as such requirements are applicable. The Issuer reasonably expects that the
aggregate face amount of all tax-exempt bonds (other than private activity bonds) to be issued by
it during 1999 will not exceed $5,000,000. There are no entities that issue bonds on behalf of the
• Issuer nor are there any subordinate entities which issue tax-exempt bonds. The Issuer expects
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that at least 85% of the proceeds from the sale of the Vote will be allocated to capital expenditures
within the three yeaz period beginning on the date of issuance of the Note and that the Issuer will
within six months incur a substantial binding obligation to a third-party to expend at least five
percent of the proceeds of the Note on such capital projects, and that completion of the capital
} projects will proceed with due diligence.
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Section 9. Amendment. This Resolution shall not be modified or amended in any respect
1 subsequent to the issuance of the Note except with the written consent of the Owner of the Note.
Section 10. Limitation of Rights. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note
is intended or shall be construed to give to any Person other than the Issuer and the Owner any
legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants,
conditions and provisions herein contained; this Resolution and all of the covenants, conditions
and provisions hereof being intended to be and being for the sole and exclusive benefit of the
Issuer and the Owner.
~ Section 11. I~te~tttilated._Dsslroyesl,~tolen oLlost. In case the Note shall become
mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like
tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such
mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the
Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to
the Issuer and complying with such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be
f~ cancelled.
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Section 12. Impaitmentof.~ontract. The Issuer covenants with the Owner of the Note
-j that it will not, without the written consent of the Owner of the Note, enact any ordinance or
resolution which repeals, impairs or amends in any manner adverse to the Owner the rights
granted to the Owner of the Note hereunder.
' Section 13. ]3udgetand~inanciaLInfounation. The Issuer shall provide the Owner of the
Note with a copy of its annual budget and such other financial information regarding the Issuer
as the Owner of the Note may reasonably request. The Issuer hereby covenants that it shall
promptly give written notice to the Owner of the Note of any litigation or proceeding which if
determined adversely to the Issuer would adversely affect the security for the payment of the Note.
Section 14. Remediessfl~ntebnJder. Should the Issuer default in any obligation created
by this Resolution or the Note, the Owner of the Note may, in addition to any other remedies set
forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other
proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the
laws of the State of Florida, or granted or contained in this Resolution, and may enforce and
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1 compel the performance of all duties required by this Resolution, or by any applicable statutes to
be performed by the Issuer or by any officer thereof.
Section 15. everability. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not
-~ affect any other provision herein or render any other provision (or such provision in any other
context) invalid, inoperative or unenforceable to any extent whatever.
Section 16. Bstcinecc Days, In any case where the due date of interest on or principal
of the Note is not a Business Day, then payment of principal or interest need not be made on such
date but may be made on the next succeeding Business Day, provided that credit for payments
l made shall not be given until the payment is actually received by the Owner.
• 1 Section 17. Applicable Provicionc of i ate. This Resolution shall be governed by and
_~ construed in accordance with the laws of the State.
Section 18. Rules of In[etp~t~, Unless expressly indicated otherwise, references
to sections or articles aze to be construed as references to sections or articles of this instrument as
originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore "
"hereinafter" and other equivalent words refer to this Resolution and not solely to the particular
portion in which any such word is used.
Section 19. captions. The captions and headings in this Resolution aze for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Resolution.
Section 20. O~cers_and~mploy~r~~thelssuer.Exemptl'rom.PersonalLiability. No
-~ recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or
l for any claim based thereon or otherwise in respect thereof, shall be had against any Councilor of
the Issuer, or any officer, agent or employee, as such, of the Issuer past, present or future, either
~ directly or through the Issuer whether by virtue of any constitution, statute or rule of law, or by
._ the enforcement of any assessment or penalty or otherwise, it being expressly understood (a) that
no personal liability whatsoever shall attach to, or is or shall be incurred by, the Councilors of the
Issuer, or the officers, agents, or employees, as such, of the Issuer, or any of them, under or by
-f reason of the obligations; covenants or agreements contained in this Resolution or implied
therefrom, and (b) that any and all such personal liability, either at common law or in equity or
~ ~~y constitution or statute, of, and any and all such rights and claims against, every such Councilor
' of the Issuer, and every officer, agent, or employee, as such, of the Issuer under or by reason of
the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are
waived and released as a condition ~f, and as a consideration for, the execution of this Resolution
and the issuance of the Note on the parrof the Issuer.
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Section 21. Authorizations, The Mayor and any Councilor, and such other officials and
. employees of the Issuer as may be designated by the Mayor are each designated as agents of the
Issuer in connection with the issuance and delivery of the Note and are authorized and empowered,
• collectively or individually, to take all action and steps and to execute all instruments, documents,
and contracts on behalf of the Issuer that are necessary or desirable in connection with the
execution and delivery of the Note, and which are specifically authorized or are not inconsistent
- with the terms and provisions of this Resolution.
f Section 22. Section_ 265 Designation Note. The reasonably anticipated amount of
tax-exempt obligations (other than obligations described in Clause (ii) of Section 265(b)(3)(C) of
the Code) which have been or will be issued by the Issuer during 1999 does not exceed
510,000,000. The Issuer hereby designates the Note as a "qualified tax-exempt obligation" for
purposes of Section 265(b)(3)(B)(i) of the Code. The Issuer hereby covenants and agrees not to
~ ~ take any action or to fail to take any action if such action or failure would cause the Note to no
_ ~ longer be a "qualified tax-exempt obligation."
Section 23. Bep~aler. All resolutions or pazts thereof in conflict herewith aze hereby
repealed.
Section 24. Effectiv~I2aie. This Resolution shall take effect immediately upon its
' adoption.
PASSED AND ADOPTED THIS 11th DAY OF MARCH, 1999.
ATTEST:
~y/Jii _J ~ ..i ~~
~~'ILLAGE CLERK '
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March 16, 1999
5600,000.00
VILLAGE OF NORTH PALM BEACH, FLORIDA
PROMISSORY NOTE
KNOW ALL MEN BY THESE PRESENTS that Village of North Palm Beach, Florida
(the "Issuer"), a municipal corporation created and existing pursuant to the Constitution and the
- laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to the order of Fidelity Federal Savings Bank of Florida or registered assigns
(hereinafter, the "Owner"), the principal sum of 5600,000.00, together with interest on the
principal balance outstanding at the rate per annum of 3.99 % (hereinafter defined) (as the same
.! may be adjusted) based upon a year of 360 days for the actual number of days elapsed. The
interest rate on this Note may be adjusted as hereinafter provided.
The interest rate otherwise borne by this Note shall also be adjusted as follows:
(a) Change in Maximum Corporate Tax Rate: If the Maximum Corporate Tax Rate
' (hereinafter defined) decreases from 35%, the interest rate otherwise borne by this Note shall be
increased to the product obtained by multiplying the interest rate otherwise borne by this Note by
. a fraction, the numerator of which is I minus the Maximum Corporate Tax Rate as increased and
the denominator of which is .65.
(b) Event of Taxability: If for any reason, the interest on this Note shall become includable
for federal income tax purposes in the gross income of the Owner (a "determination of taxability"),
then the interest rate otherwise borne by this Note shall be increased by multiplying such interest
rate b}~ a fraction, the numerator of which is I and the denominator of which is 1 minus the
Maximum Corporate Tax Rate, effective as of the earliest date on which interest on this Note
becomes includable in the gross income of the Owner. In addition, upon the occurrence of a
determination of taxability the Issuer will pay any penalq~, interest or addition to tax imposed upon
the Owner as a result of the Owner's failure to include interest received on the Note in gross
income for federal income tax purposes. All such additional interest, penalties, interest and
additions to tax shall be due and payable on the next date upon which interest is payable on this
Note. This adjustment shall survive payment of this Note until such time as the federal statute of
limitations under which the interest on this Note could be declared taxable under the Internal
Revenue Code shall have expired.
As used herein the term "Maximum Corporate Tax Rate" shall mean the highest marginal
tax rate applicable to the taxable income of corporations without regard to any increase in tax
designed to normalize the rate for all income at the highest marginal tax rate, which on the date
• hereof is .35.
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I Principal of and interest on this Note are payable in ]awful money of the United States of
• America at such place as the Owner may designate to the Issuer in writing, in the following
manner:
Principal of and interest on this Note shall be payable in equal monthly installments of
$11,064.48 due and payable on April 16, 1999 and on the 16th day of each month thereafter to
and including the maturity date of this Note provided, however, that on Mazch 16, 2004 the entire
unpaid principal balance hereof, together with all accrued and unpaid interest thereon, shall be
unconditionally due and payable in full.
~ If any date for the payment of principal and interest hereon shall fall on a day which is not
a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date
shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive
credit for the payment until it is actually made.
The principal of and interest on this Note may be prepaid at the option of the Issuer in
whole or in part at any time, and from any funds lawfully available for such purpose. All
payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other
_ charges due the Owner, and the balance thereof shall apply to the principal sum due, and shall be
credited against the principal installments due hereunder in inverse order of thew due dates. There
shall be no prepayment premium.
In case of a default in the payment of principal or interest hereon, unless such failure is
cured within ten (10) days after written notice thereof by the Owner to the Issuer, the Owner may
declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any
such default and acceleration, the Issuer shall also be obligated to pay as part of the indebtedness
evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable
attorneys' fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws
as they now or hereafter exist, including specifically but without limitation, claims, disputes, and
proceedings seeking adequate protection or relief from the automatic stay.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
To the extent permitted by law, the Issuer, and by its acceptance of this Note, the holder
hereof, waive trial by jury in any litigation commenced by either in respect of hereof or of the
Resolution.
THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS
OF THE ISSUER AND THE FAITH AND CREDIT AND THE AD VALOREM TAXING
POWER OF THE ISSUER ARE NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON THIS NOTE. THE PRINCIPAL OF AND INTEREST ON THIS
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NOTE ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES (AS DEFINED
IN THE RESOLUTION).
This Note is issued pursuant to Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, the Charter of the Issuer and Resolution _-99 duly
adopted by the Issuer on Mazch 11, 1999, as from time to time amended and supplemented (herein
referred to as the "Resolution"), and is subject to all the terms and conditions of the Resolution.
All terms, conditions and provisions of the Resolution including without limitation remedies in the
event of default are by this reference thereto incorporated herein as a part of this Note. This Note
represents the entire authorised issue of obligations of the Issuer pursuant to the Resolution.
Terms used herein in capitalized form and not otherwise defined herein shall have the meanings
ascribed thereto in the Resolution.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in the execution, delivery and the
issuance of this Note do exist, have happened and have been performed in due time, form and
manner as required by law, and that the issuance of this Note is in full compliance with and does
not exceed or violate any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Village of North Palm Beach, Florida has caused this Note
to be executed in its name by the manual signature of its Mayor and attested by the manual
signature of its Town Clerk, and its seal to be impressed hereon, all this 16th day of Mazch, 1999.
[SEAL]
VILLAGE OF NORTH PALM BEACH,
FLORIDA
By. ~~ r _-c~~(f~/~
Attest: M or -~~~'O y
T wn Clerk
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(Form for Transfer)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No. )the within Note of the
Village of North Palm Beach and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Note on the books for registration thereof, with
full power of substitution in the premises.
Dated
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face of
- the within Note in every particular, without alteration of
enlargement or any change whatever.
In the presence of:
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2.
C.F.RTIFI ATF OF TRiTF Cnpy
I, the undersigned Village Clerk of the Village of North Palm Beach, Florida, DO
' HEREBY CERTIFY that attached hereto are true and correct copies of Ordinance No. 14-80,
- Resolution No. 5-90 and Ordinance No. 11-80, and that such ordinances and resolution remain
i^ force and have not been amended.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 16th day of March,
1999.
'llage Clerk
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' / ORDINANCE N0. 14-BO
' AN ORDINANCE NTING TD, FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGN AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
' CONDITIONS RELATING THERETO, AND PROVIDING FOR MONTHLY PAYMENTS TO THE
VILLAGE.
.;
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
' ~ Section 1. That there is hereby granted to Florida Power & Light
Company (herein called the "Grantee"), its successors and assigns, the
t non-exclusive right, privilege or franchise to construct, maintain and
operate in, under, upon, over and across the present and future streets,
alleys, bridges, easements and other public places in the Village of
North Palm Beach, Florida (herein called the "Grantor") and its
' successors, in accordance with established practice with respect to
electrical construction and maintenance, for the period of thirty (30)
' years from the date of acceptance hereof, electric light and power
facilities (including conduits, poles, wires and transmission lines, and,
' for its own use, telephone and telegraph lines) for the purpose of
supplying electricity to Grantor, and its successors, and inhabitants
' thereof, and persons and corporations beyond the limits thereof,
Section 2. As a condition precedent to the taking effect of
this grant, Grantee shall have filed its acceptance hereof with the
Grantor's Clerk within thirty (30) days hereof,
Section 3, That the facilities shall be so located or relocated
and so erected as to interfere as little as possible with traffic over
' said streets, alleys, bridges and public places, and with reasonable
egress from and ingress to abutting properTy. The location or relocation
' of all facilities shall be made under the supervision and with the
approval of such representatives as the governing body of Grantor
' may designate for the purpose, but not so as unreasonably to interfere
with the proper operation of Grantee's facilities and service. That
when any portion of a street is excavated by Grantee in the location or
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relocation of any of its facilities, the portion of the street so
excavated shall, within a reasonable time and as early as prac-
ticable after such excavation, be replaced by the Grantee at its
expense and in as good condition as it was at the time of such
excavation.
' Section 4. That Grantor shall in no way be liable or res-
ponsible for arty accident or damage that may occur in the construction,
operation or maintenance by Grantee of its facilities hereunder, and
the acceptance of this ordinance shall be deemed an agreement on the
part of the Grantee, to indemnify Grantor and hold it harmless against
arty and all liability, loss, cost, damage or expense, which may accrue
to Grantor by reason of the neglect, default or misconduct of Grantee
in the construction, operation or maintenance of its facilities hereunder.
Section 5, That all rates and rules and regulations established
by Grantee from time to time shall at all times be reasonable and
Grantee's rates for electricity shall at all times be subject to such
regulation as may be provided by law.
Section b. That no later than sixty days after the first
' anniversary date of this grant and no later than sixty days after
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each succeeding anniversary date of this grant, the Grantee, its
successors and assigns, shall have paid to the Grantor and its
successors an amount which added to the amount of all taxes as
assessed, levied, or imposed (without regard to arty discount for
early payment or arty interest or penalty for late payment), licenses,
and other impositions levied or imposed by the Grantor upon the
Grantee's electric property, business, or operations, and those of
Grantee's electric subsidiaries for the preceding tax year, will
equal 6% of Grantee's revenues from the sale of electrical energy
to residential, commercial and industrial customers within the
corporate limits of the Grantor for the twelve (12) fiscal months
preceding the applicable anniversary date.
L' Section 7. Payment of the amount to be paid to Grantor by
Grantee under the terms of Section 6 hereof shall be made in advance
by estimated monthly installments commencing ninety (90) days after
t
' the effective date of this grant. Each estimated monthly installment
shall be calculated on the basis of ninety percent (9D3~ of Grantee's
' revenues (as defined in Section 6) for the monthly billing period
ending sixty (60) days prior to edch scheduled monthly payment. The
' final installment for each fiscal year of this grant shall be adjusted
to reflect any underpayment or overpayment resulting from estimated
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1 monthly installments made for said fiscal year.,
'
Section 8. As a further consideration of this franchise,
' said Grantor agrees not to engage in the business of distributing
and selling electricity during the life of this franchise or any
' extension thereof in competition with the Grantee, its successors
and assigns.
' Section 9. That failure on the part of Grantee to comply in
any substantial respect with arty of the provisions of this ordinance,
' shall be grounds for a forfeiture of this grant, but no such forfeiture
shall take effect if the reasonableness propriety thereof is protested
' by Grantee until a court of competent jurisdiction (with right of appeal
in either party) shall have found that Grantee has failed to comply in
' a substantial respect with any of the provisions of this franchise,
L and the Grantee shall have six (6) months after the final determination
' of the question, to make good the default before a forfeiture shall
result with the right in Grantor at its discretion to grant such
' additional time to Grantee for compliance as necessities in the
case require.
' Section 1D. This ordinance shall take effect on the date
upon which Grantee files its acceptance.
' Section 11. Should arty section or provision of this ordinance
or arty portion hereof be declared by a court of competent jurisdiction
' to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole of any part hereof, other than the part
' i declared to be invalid.
i
L.
Section 12. That all ordinances and parts of ordinances in
' conflict herewith be and the same are hereby repealed.
1
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§ 26-30 NORTH PALM BEACH CODE
to the village all such taxes imposed, levied and Secs. 26-32-26.50. Reserved.
collected in accordance with the accounting meth-
ods and other provisions of this article.
(c) The sellers of such electricity, fuel oil, me-
tered gas and bottled gas (natural liquefied petro-
leum gas or manufactured gas) shall account for,
report and pay over all moneys received by them
on or before the fifteenth day of each and every
month under the provisions of this article, and
shall submit such moneys, reports and accounting
to the village treasurer on or before the first day
of the month following the fifteenth day of each
month. The accounting and reports which shall
accompany such payment shall be upon such forms
as can be mutually agreed upon by the village
treasurer and the sellers of such electricity, fuel
oil, metered gas and bottled gas (natural liquefied
petroleum gas or manufactured gas), and if no
such agreement can be reached, they shall be upon
such forms as aze determined by the village trea-
surer.
(Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No.
222-71, § 1, 1-14-71)
Sec. 26-31. Exemptions.
(a) The municipal government of the village,
its commissions and agencies, shall be exempted
From the payment of the tax imposed and levied
by this article.
(b) The tax imposed by this article shall not be
applied against any fuel adjustment charge, and
such charge shall be separately stated on each
bill. "Fuel adjustment charge' shall mean all in-
creases in the cost of utility services to the ulti-
mate consumer resulting from an increase in the
cost of fuel to the utility subsequent to October 1,
1973.
(c) The purchase of natural gas or fuel oil by a
public or private utility, either for resale or for use
as fuel in the generation of electricity, or the pur-
chase of fuel oil or kerosene for use as an aircraft
engine fuel or propellant or for use in internal-
combustion engines shall be exempt from taxa-
tion hereunder-
(d) The tax imposed by this article shall not
apply to purchases by any recognized church in
the state for use exclusively for church purposes.
(Cade 1970, § 38-23)
ARTICLE N TELECOMMUNICATIONS
SERVICE TAX'
Sec. 26-51. Levy; rate.
There is hereby levied and imposed by the vil-
lage apublic service tax upon purchases within
the municipality of telecommunications services,
as defined in F. S. section 203.012, which origi-
nate and terminate in this state, at a rate of three
(3) percent of the total amount charged for any
telecommunications service provided within the
village or, if the location of the telecommunica-
tions service provided cannot be determined, the
total amount billed for such telecommunications
service to a telephone or telephone number, a tele-
communications number or device, or a custom-
er's billing address located within the village, ex-
cluding public telephone charges collected on site,
charges for any foreign exchange service or any
private line service except when such services are
used or sold as a substitute for any telephone com-
panyswitched service or dedicated facility by which
a telephone company provides a communication
path, access charges, and any customer access line
charges paid to a local telephone company. How-
ever, those telecommunications services described
in F. S. section 203.012(5)(b), shall be taxed only
on the monthly recurring customer service chazg-
es excluding variable usage charges.
(Ord. Na. 18-94, § 1, 9-22-94)
Sec. 26-62. Collection.
(a) When a seller of telecommunications servic-
es renders a bill to the purchaser to cover pur-
chases made during the period of time to which
the bill is applicable, the amount of public service
tax shall be stated separately from governmental
charges and taxes, and shall not be levied there-
on.
(b) The purchaser shall pay such public service
tax to the seller at the time of payment of each
such bill. The seller, as collection agent for the
'Editor's note-Crd. No. 18-94, adopted Sept. 22, 1994,
did not specifically amend the Code and at the discretion oCthe
editor said provisions have been included herein as Art. IV, §§
26-51-26-54.
Supp. No. 9 1630
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PASSED First reading this 26th day of June, 1980.
. PASSED Final reading this 1Dth day of July, 1960.
~G ~~~~/~, ~ - o
(Presiding Officer)
ATTEST:
Vi]lage Clerk '
's
~...
i '
u: vtrtXE55 Y,
' sHia the seal
Fbrida, thai
AD. teg2
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henA nnA
vain.. Beam,
ORDIIIANCE NJ. 11-80
AN 6tDINAI~E OF T'HE V1IlAGE OF NORTH PALM BFACH, FLORIDA. GRANTL~G TO
FLORID4 PLTffi,IC LTiTLTTIES DIKPANY; ITS SUOOESSORS AND ASSIGNS, A GAS FR4~,'I-IISE
AND Il~SING PROVISIONS AND OOI~TTIONS RELATING T'HEE~ZO.
NJW, SURE, BE TT 0?L14'Ct~D BY THE vIIJ,AGE GONNCII, OF I~URTH PAIM
BFACH, Fi0RIIl4;
Section 1. The VII,L?.GE OF NJRTH PALM BFACH, FLORIDA, a M~,icioal
j Corporation (herein referred to as "Grantor") hereby grants to FLOR.IIlA PUBi.IC
i~ LII'II.ITIES QT~ANY, a Florida Corporation (herein referred to as ~'Y,`rantee'~ its
i
successors and assigns, for the term of thirty (30) years beginning ten (10)
~ days after the date of the final passage of this Ordinance, the right,
privilege and authority or franchise to construct or otherwise acrntire and
to pan, maintain, equip and operate plants and works, and all necessary or
desirable taci.lities app~ntenant thereto, for the purchase, tran~,,,;~sion
distribution and sale of natural gas, which term '4utural gas" shall mean and
include either natural gas +w+~*;YPd as delivered to Grantee or any mixture of
suu'~ natural gas with artificial gas or with liquefied petroleun gas oz with
both (herein referred to generally as "gas's, includirU the right without
the payment by Grantee of any tax, assessment or charges therefor to construct,
lay, extend, maintain, renew, reanve, replace, repair, use and operate gas ~
pipes aid gas mains, and all appurtenances and appendages thereto, in, under,
on or across the present and future public streets, avenues, alleys, highwasays,
bridges, easements and other public places within the present or any future ~
i
corporate limits of the Grantor or its successors, for the purpose of distri-
i
butirig, supplying and selling gas to Grantor or irs successors, and to persons
and corporations inhabitants thereof as wa=ll as to persons or corporations I
beyond the present or futln-e corporate limits thereof, but nothirtig herein
contained shall relieve Grantee from meeting all requirements of the G'rantor's
Building Code and payment of any fees, licenses or ad valorem taxes. --
' i Section 2. Grantee's facilities shall be so located or relocated and
~ so erected as to interfere as little as possible with traffic over said street:
' 1, avenues, alleys, highways, bridges, easements and other public places, and to
~ interfere as little as possible with reasonable egress fr~ and ingress to
~! abutting property, The location or relocation of all facilities shall be made
' ~ under the supervision and with the approval of such representatives as the
'
~
b
18~
e
~8
ody of Grantor may designate for the purpose, but not so as
' ' , i unreasmably to interfere with the proper operation of Grantee's facilities
and service. When any portion oP the Grantor's property is excavated or
' ~ disturbed by Grantee in the location or relocatiai of any of its facilities,
j the portion of the Grantor's property so excavated or disturbed shall, within
I
' li a reasonable time and as early as practicable after such excavation, be
1 replaced by the Grantee at its expense and in as good condition as it was at
y
' ~i the time of such excavation, and, in additiai, such work shall be done only in
ij the Wanner and pursuant to the regulations, if any, established by the
' !ordinances of the Grantor, And upon failure of Grantee so to do after twenty
~
~ (20) days' notice in writing shall have been given to said Grantee by the
III
, resentative of the Gra
t
th
G
i reP
n
or,
e
rantor air such
~Y reP portion of the
l
'
!; Grantor's property that may have been disturbed by said Grantee, or replace am
Ii -
j; excavation, and the cost of same shall be paid by said Grantee..
Section 3. Subject to the provisions hereof, Grantee shall at all
' tires dicing the term of this franchise, pracptly and without discrimination,
7
furnish an adequate supply of gas of standard quality and at a reasonably
i
' ~ uniform and adequate pressure to be maintained on Grantee's system, to Grantor
I; and its successors, and to persons and corporation inhabitants thereof who
' request the same and who agree to abide by Grantee's reasonable rules and
I'
~! regulations, and shall acquire, construct, maintain, equp and operate all
' I! necessary plants, works and facilities for the purpose, tramcsicm avpply,
~! Peak shaving, di.stributim and sale of gas for the benefit and convenience
' ~; of Grantor and its inhabitants, and shall make promptly such extensions to
I
existing facilities as may be required by one or more cust~z, or prospective
~; customers; provided that if the revenues to be derived from such extensions
~~ shall not afford a fair and reasonable return on the cost of providing and
~:
;; rendering the required service, they Grantee shall be pernutted to, and is
I
; hereby authorized to exact from such customer or customers such reasonable
'~
' I! cash advances, contributions, minvmcn guarantees, service guarantees or other
I
1
~ arrangements, as will enable Grantee to earn a fair and reasonable return on
1 i the cost of providing and rendering the required service.
~
Section 4. Grantee's rates for gas shall at all times be subject to
II `
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y
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CHARTER
ARTICLE I. CORPORATE NAME
The municipality hereby established shall be
known as'"The Village of North Palm Beach, Flor-
ida."
ARTICLE II. TERRITORIAL BOUNDARIES
Section 1. [Described.]
The territorial Limits of said Municipality are
hereby defined and shall be as follows:
BEGINNING at the intersection of the waters
edge along the west shore of Lake Worth, with the
south line of Government Lot 1, Section 21, Town-
ship 42 South, Range 43 East, Palm Beach Coun-
ty, Florida; thence westerly, along the south line
of said Government Lot 1, to the southwest corner
thereof; thence northerly, along the west line of
said Government Lot 1, also being the north-south
one-quarter section line of said Section 21, to a
point 68.90 feet south of the north one-quarter
comer of said Section 21, (as measured along said
one-quarter section line). Said point being on the
north side ofthe concrete curb on the south side of
the center median of Northlake Boulevard (S.R.
No. 850), said point also being 7.75 feet south of
the centerline of Northlake Boulevard (S.R. No.
850) as now laid out and in use; thence S-89°-48'-
00"-W, along a line which is 7.75 feet south of and
parallel with the centerline of said Northlake Bou-
levard (S.R. No. S-850), a distance of 1094.60 feet
to the beginning of a curve, concave to the north,
having a radius of 4009.75 feet and a central an-
gle of 10°-37'-48"; thence westerly and northwest-
erly along the arc of said curve, a distance of 743.92
feet to the end of said curve and the beginning of
a curve, concave to the south, having a radius of
4019.52 feet and a central angle of B°-40'-40";
thence westerly along the arc of said curve, a dis-
tance of 608.78 feet to the end of said curve; thence
N-88°-14'52"-W, a distance of 200 feet, more or
less, to a point; said point being on the west line of
said Section 21 and 15.75 feet south of the north-
west comer of said Section 21; thence N-88°-04'-
04"-W, along a line which is 7.75 Ceet south of and
parallel with the centerline ofsaid Northlake Bou-
levard (S.R. No. 850), a distance of 2654.1 feet,
more or less to a point in the north and south
quarter section line of Section 20, Township 42
Supp. No. 8
§1
South, Range 43 East, Palm Beach County, Flor-
ida; thence northerly along the said north and
south quarter section line, a distance of 15.75 feet,
more or less, to the quarter corner in the north
line of said Section 20; thence northerly along the
north and south quarter section line of Section 17
of said Township and Range to a point in the east-
erly extension of the northerly right-of--way line of
the Earman River Canal as described in Deed Book
1047, Page 359, Public Records of Palm Beach
County, Florida; thence N-67°-25'-24"-W a dis-
tance of 42.89 feet to a point in the northerly right-
of-way line of said Earman River Canal; thence
westerly along said northerly right-of--way line of
the Earman River~Canal, to the west line of said
Section 17; thence northerly along the west line of
said Section 17, to the northwest comer of said
Section 17; thence easterly along the north line of
said Section 17, to the southwest corner of Crom-
well Estates according to the Plat thereof, record-
ed in Plat Book 29, page 110, Public Records of
Palm Beach County, Florida; thence northerly
along the west line of said Cromwell Estates to
the northwest comer thereof; thence easterly along
the north line of said Cromwell Estates to the
west line of the southeast one-quarter (SE ~/a) of
the southwest one-quarter (SW ~/a) of Section 8 of
said Township and Range; thence northerly along
the west line of the southeast one-quarter (SE ~/a)
of the southwest one-quarter (SW '/a) of Section 8
to the northwest corner thereof; thence easterly
along the north line of the southeast one-quarter
(SE ~/a) of the southwest one-quarter (SW ~/a) of
Section 8 to the west line of Pepperwood Subdivi-
sion as recorded in Palm Beach County Records,
Plat Book 33, page 184, thence northerly along
the west line of said Pepperwood Subdivision to
the northwest corner thereof; thence easterly along
the north line of said Pepperwood Subdivision to a
point in a line lying 260 feet west and parallel to
the north-south quarter section line of Section 8,
Township 42 South, Range 43 East, Palm Beach
County, Florida; thence northerly along said line
a distance of 1085 feet; thence east along a line
parallel to the south line of the southeast one-
quarter (SE ~/a) of the southeast one-quarter (SE
~/a) of the northwest one-quarter (NW ~/a) of said
Section 8 to a point in the north-south quarter
section line of said Section 8; thence northerly
along the north and south quarter section line of
§1
NORTH PALM BEACH CODE
said Section 8 to the north line of said Section 8;
thence easterly along the north line of said Sec-
tion 8 to a point in the east right-of--way line of
Prosperity Farms Road; thence northerly along
the east right-of--way line of Prosperity Farms
Road to a point in the north right-of--way line of
Monet Road as laid out and in use; thence east-
erly along the North right-of--way line of Monet
Road as laid out and in use to its intersection with
the west line of the east's of the W ~/~ of the SE
~• of the SW ~/. of the SE ~/4 of Section 5,'lbwnship
42 South, Range 43 East, thence N-00°-34'-04"
East a distance of 611.46 feet; thence easterly
along the North line of the SE ~J. of the SW ~/a of
the SE ~/~ of said Section 5 a distance of 499.70
feet; ther.•ce S-00°-09'-50"-W a distance of 168.05
feet, thence easterly along the north line of the SE
3!a of the S ~/s of the SE ~/~ of said Section 5, a
distance of 615.95 feet; thence southerly along the
west right-of--way line of the Intracoastal Water-
way (as shown on amended Plat Section 5, lbwn-
ship 43 South, Range 43 East, Plat Book 17, Page
29, Palm Beach County, Florida) to the North line
of Section 8, Zbwnship 43 South, Range 43 East;
thence easterly, along the north line of Sections 8
and 9 of said 'Ibwnship and Range, as shown on
Florida Inland Navigation Districts Right-of--Way
Map on pages 10 and 29 of Plat Book 17, Public
Records of Palm Beach County, Florida, to the
center line of the RNV of State Road No. 5 (U.S.
Highway #1) as shown on Florida State Road De-
partment's Right-of--Way Map recorded in State
and County Road Plat Book 2, pages 43 to 56,
inclusive; thence northerly, along the center line
of said State Road No. 5, to its intersection with
the easterly projection of the North line of Lot 6,
Plat of Subdivision of Government Lot 8, Section
4 of said ?bwnship and Range; thence North 88°-
08'-06" West, distance of 63.12 feet to the North-
east comer of said Lot 6; thence North 88°-08'-06"
West along the North line of said Lot 6 and the
easterly projection thereof, a distance of 231.75
feet; thence North 03°-04'-10" West, a distance of
12520 feet; thence South 89°-49'-50"East along a
line 25 feet, more or less, North of the centerline
of Caroline Avenue, as now laid out and in use, a
distance of 500.00 feet to a point of intersection
with the Easterly Right-of--Way Line of Ellison-
Wilson Road, as now laid out and in use having a
total Right-of--Way width of 66.00 feet; thence
North O1°-22'-26" West along the Easterly Right-
of-Way Line ofEllison-Wilson Road, same line be-
ing the Westerly line of Lots 6 and 7 of said "Plat
of Subdivision of Government Lot 8," a distance of
492.84 feet to the Northwest corner of said Lot 7
of the "Plat of Subdivision of Government Lot 8,"
thence North 87°-20'-06" West along the South
line of said Government Lot 7 same line also be-
ing the North Line of said "Plat of Subdivision of
Government Lot 8," a distance of 102.48 feet to
the Southwest Corner of Government Lot 7, Sec-
tion 4 of said Zbwnship and Range; thence North
01°-35'-39" East along the West line of said Gov-
ernment Lot 7, a distance of 356.07 feet; thence
South 85°-38'-02" East, a distance of 765.13 feet
to a point of intersection with the Westerly Right-
of-Way line of State Road Number 5; less the 66.00
foot Right-of--Way for Ellison-Wilson Road; thence
Southeasterly along the Westerly Right-of--Way
line of State Road Number 5 to a point of inter-
section with the north line of Government Lot 8,
Section 4 of said'lbwnship and Range; thence east-
erly, along the north line of said Government Lot
B, to a point lying on the northerly line of Govern-
ment Lot 8, at its intersection with the southwestr
erly corner of the Plat of Zbvelve Oaks, as recorded
in Plat Book 31, Pages 4$ and 49, said Public
Records; thence northerly along the westerly line
of said Plat of `Itvelve Oaks a distance of 719.70
feet, thence westerly along a line parallel to the
North line of Lot B to a point in the westerly right
of way line of State Road 5 (US # 1), thence north-
erly along the westerly right of way line of State
Road 5 (US #1), a distance of 200 feet, thence run
easterly along a line parallel to the north line of
Lot 8 to a point in the westerly line of said Plat of
'I~velve Oaks, thence northeasterly along said
westerly line and its northeasterly prolongation
thereof to its intersection with the southerly Right-
of-Way line of State Road 703, as recorded in Road
Plat Book 5, Pages 12 and 13, said Public Records;
thence easterly along said southerly Right-of--Way
line to its intersection with the southerly prolon-
gation of the westerly line of the Plat of Hidden
Key, as recorded in Plat Book 27, Page 243, said
Public Records; thence northerly along said south-
erly prolongation to the southwesterly corner of
said Plat of Hidden Key and a point on the north
Right-of--Way line, to a point at right angles to
centerline station 362 + 62.00 as said stationing is
Supp. No. 8
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CHARTER
shown on the Plat of Bulkhead line in the north
end of the Waters of Lake Worth, as recorded in
Plat Book 26, page 135, Public Records of Palm
Beach County, Florida; thence southerly at right
angles to said north Right-of--Way line, a distance
of 53.00 feet to a point on said centerline of State
Road No. 703 and the northerly prolongation of
the bulkhead line as shown on said plat; thence
southerly and southwesterly, along said northerly
prolongation and said bulkhead line to its inter-
section with the easterly prolongation of the north
line of said Government Lot 8; thence continue
easterly along the same course, to a point in the
southerly extension of the line between Govern-
ment Lots 3 and 5 of said Section 4, as shown on
Plat of Seminole Beach recorded in Plat Book 22,
page 37, Public Records of Palm Beach County,
Florida; thence southerly, along said southerly
extension to a point in the westerly extension of
the north line of Section 10 of said Township and
Range; thence easterly, along said westerly exten-
sion of the north line of said Section 10 and along
the north line of said Section 10; to the waters of
Lake Worth; thence southerly, along the waters of
Lake Worth, to the south line of the Marshall
Morton Estates, according to the Replat thereof
recorded in Plat Book 24, page 1, Public Records
of Palm Beach County, Florida; thence easterly,
along the south line of said Marshall Morton
Estates, to the east boundary of said Marshall
Morton Estates at the waters of a lagoon; thence
northerly, along the easterly boundary of said
Marshall Morton Estates and along the waters of
said lagoon, to the north line of said Section 10;
thence easterly, along the north line of said Sec-
tion 10, to the waters of the Atlantic Ocean;
thence southerly, along the waters of the Atlantic
Ocean, to a point in a line parallel to, and 8,000
feet southerly from, measured at right angles to,
the north line of said Section 10; thence westerly,
along said pazallel line, to a point in the westerly
boundary of the submerged land area conveyed by
the Trustees of the Internal Improvement Fund of
the State of Florida, to Lake Worth Realty Com-
pany, aFlorida corporation, by Trustees' Deed No.
17,146, recorded in Deed Book 205, page 82,
Public Records of Palm Beach County, Florida;
thence southerly, along said westerly boundary to
a point in the easterly extension of the south line
of Government Lot 1 of said Section 21, thence
Supp. No. 12
westerly, along said easterly extension acros
Lake Worth to the point of beginning, at th
waters edge on the west shore of said Lake Wortb
And a tract of land in Lots 3.and 4 of a subdivision
of Government Lot 8, Section 4, Township 4.
South, Range 43 East, Palm Beach County,~Flor
ids, according to the Plat thereof, recorded in Pla
Book 18, page 4, Public Records of Palm Beacl
County, Florida, said tract of land being more
particulazly described as follows:
Begin at the point of intersection of the nort
right-of--way line of McLazen Road with the ens
right-of-way line of Ellison-Wilson Road, sai~
point being the southwest comer of Lost 3; thencE
run N°3-04'-10"-W along the east right-of-wa3
line of Ellison-Wilson Road 303.89 feet to the
northwest corner of the said Lot 3; thence ni*
S-89°-54'-29"-E, along the north line of Lot 3 t
distance of 7.01 feet thence run North 03°-04'-10'
west a distance of 303.93 feet, thence run Nortb
89°-49'-50" West a distance of 7.01 feet, thence
run North 03°-04'-10" West a distance of 125 feel
,thence run South 89°-49'-50" East a distance o1
620 feet, thence run North 03°-04'-10" West a
distance of 125.20 feet, thence run South 89°-49'-
50" east a distance of 125.06 feet, thence run
South 0°-12'-26" West a distance of 74.91 feet,
thence run South 23°-48'-04" East 248.69 feet,
thence run South 89°-54'-29" East a distance of
14.89 feet; thence run south 190.18 feet; thence
run easterly pazallel with the north line of Lot 4 a
distance of 50 feet, thence southerly parallel to
the west line of Lot 4 a distance of 112.41 feet to
a point in the north right-of--way line of McLazen
Road; thence run west along the north right-of-
wayline of McLazen Road, 727.33 feet to the point
of beginning.
And a tract of land described as follows: A parcel
of land lying in Section 5, Township 42 South,
Range 43 East, Palm Beach County, Florida, and
being more particulazly described as follows:
l~at part of the North Half (N ~/z) of the South
Half (S ~Iz) of the Southeast Quarter (SE~/a) of said
Section 5 lying westerly of the West Right-of--Way
line of the Intracoastal Waterway and lying East
of the easterly Right-of--Way line of Prosperity
Farms Road, as shown in Road Plat Book 2, pages
136 and 137;
CI
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NORTH PALM BEACH CODE
TOGETHER with the Northeast Quarter (NE ~/a)
of the Southwest Quarter (SW ~/a) of the South-
west Quarter (SW ~a) of the Southeast Quarter
(SE ~/a) of Section 5:
TOGETHER WITH that part of the North 169.5
feet of the West Half (W i/z) of the Southwest
Quarter (SW 1/a) of the Southwest Quarter (SW
~/.) of the Southeast Quarter (SE 1/a) of Section 5
lying easterly of the East line of those lands
described in Deed Book 877, Page 439, Palm
Beach County records:
TOGETHER WITH the West Half (W ~/z) of the
West Half (W ~/z) of the Southeast Quarter (SE 3/a)
of the Southwest Quarter (SW 1/a) of the South-
east Quarter (SE '!a) of the said Section 5:
TOGETHER WITH the West thirty feet (30') of
the following described parcel:
Commencing at the center of said Section 5:
thence easterly along the East-West Quarter Sec-
tion line a distance of 1,293.76 feet to the North-
west corner of the Northeast Quarter (NE 1/a) of
the Southeast Quarter (SE 3/a) of said Section 5:
thence South 00°-08'-30"West along the West line
of the Northeast Quarter (NE ~/.) of the Southeast
Quarter (SE ~/a) of Section 5, (the west line of the
Northeast Quarter (NE 1/a) of the Southeast Quar-
ter (SE 1/a) of Section 5 is assumed to bear South
00-°-08'-30" West and all other bearings are rela-
tive thereto) a distance of 1.343.65 feet to the
Southwest corner of the Northeast Quarter (NE.
1/a) of the Southeast Quarter (SE i/a) of Section 5
and the POINT OF BEGINNING of the herein
described parcel: thence South 88°-16'-41" East
along the South line of the Southwest Quarter
(SW lIa) of the Northeast Quarter (N't~ 1/a) of the
Southeast Quarter (SE ~/a) of Section 5 a distance
of 144.46 feet: thence North 02°-13'-54" West, a
distance of 157.46 feet; thence North 88°-16'-41"
West, a distance of 137.95 feet; then .e South
00°-OS'-30" West, a distance of 157.15 feet to the
POINT OF BEGINNING.
TOGETHER WITH the following described par-
cel:
Begin at the Northeast corner of Lot 5, according
to the Plat of subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, as
recorded in Plat Book 18, Page 4, in and for the
records of Palm Beach County, Florida; Thence N
89° 47' 58" W along the North line of said Lot 5, a
distance of 250.12 feet to a point: Thence South-
erly, at right angles bearing South 0° 12' 02"
West, a distance of 74.91 feet; Thence South 23°
47' 30" East, a distance of 200.65 feet; Thence
South 89° 54' 40" East, a distance of 283.22 feet to
a point in the East line of said Lot 5; Thence
North 23° 47' 30" West along East line of said L.ot
5; a distance of 282.04 feet to the Point of Begin-
ning.
TOGETHER WITH the following described paz-
eel:
A pazeel of land lying in the southeast quarter of
Section 5, Township 42 South, Range 43 East,
Palm Beach County, Florida, more particularly
described as follows:
Commencing at the southwest corner of the south-
east quarter of said Section 5; thence South
88°-34'-32"East along the South line of the south-
east quarter (the South line of the southeast
quarter is taken to bear South 88°-34'-32" East
and all other bearings stated herein are relative
thereto) a distance of 841.10 feet to the East line
of the West half of the West half of the southeast
quarter of the southwest quarter of the southeast
quarter of said Section 5; thence North p0°-06'-
53" East along said East line and along the West
line of the Plat of Harbour Point lViarina, recorded
in Plat Book 73, Pages 99 and 100, Public Records
of Palm Beach County, Florida, a distance of
671.39 feet to the northwest corner of said plat;
thence South 88°-37'-59' East along the North
line of said plat a distance of 499.75 feet to the
most northeasterly corner of said plat and the
POINT OF BEGINNING of the hereinafter de-
scribed parcel; thence continue South 88°-37'-59"
East along the North line of the South half of the
southeast quarter of the southeast quarter of said
Section 5 a distance of 594.98 feet to a point of
intersection wZth the West right-of--way line of the
Intracoastal Waterway as shown on the Amended
Plat of Section 5-42-43 of the Intracoastal Water-
way, as recorded in Plat Book 17, Fage 29, Public
Records of Palm Beach County, Florida; thence
South 07°-20'-49" East along said right-of--way
line a distance of 166.93 feet to a point on the
South line of the North 165.00 feet of the South
Supp. No. 12
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CHARTER
half of the southeast quarter of the southeast
quarter of said Section 5; thence North 88°-37'-
59" West along said South line a distance of
615.50 feet to the southwest corner of the North
165.00 feet of the South half of the southeast
quarter of the southeast quarter of said Section 5,
said point lying on the East line of said Plat of
Hazbour Point Marina; thence North 00°-17'-18"
West along said plat line and the West line of the
North 165.00 feet of the South half of the south-
east quarter of the southeast quarter of said
Section 5 a distance of 165.07 feet to the POINT
OF_BEGINNING.
TOGETHER WITH the following described paz-
cel:
A parcel of land lying in the Southwest Quarter of
Section 17, Township 42 South, Range 43 East,
Palm Beach County, Florida, being more particu-
larly described as follows:
Begin at the Southeast corner of said Southwest
Quarter of Section 17; thence Northerly, along the
North-South quarter section line of said Section
17, a distance of 1748.3 feet, more or less, to a
point on the Easterly prolongation of the North
line of Lot 29, according to the Plat of Kelsey
Acres, as recorded in Plat Book 22, Page 16,
Public Records of Palm Beach County, Florida;
thence Westerly, along said prolongation and the
North line of Lot 16 and Lots 18 through 29, a
distance of 1446.5 feet more or less, to a point on
the Easterly right of way line of State Road
Alternate A-1-A, as recorded in Road Plat Book 6,
Page 180, Public Records of Palm Beach County,
Florida; thence Southerly along said Easterly
right of way line, a distance of 889.3 feet to a
point; thence Westerly, at right angles to the
preceding course, a distance of 106 feet to a point
on the Westerly right of way line of said State
Road Alternate A-1-A; thence Northerly, along
said right of way line, a distance of 100.00 feet,
more or less, to a point in the South line of that
certain pazcel described in Official Record Book
2&d5, Page 1178, Public Records of Palm Beach
County, Florida; thence Westerly, along said South
line, a distance of 282.8 feet, more or less, to a
point in the Easterly right of way line of the
Florida East Coast Railroad; thence Southerly,
along said Easterly right of way line, a distance of
Supp. No. 12
6.1
983 feet, more or less, to a point in the South lin
of said Southwest Quarter of Section 17; thenc
Easterly, along said South line, a distance of 109
feet, more or less, to said Southeast corner of th
Southwest Quarter and the Point of Beginning.
(Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95
2-9-95; Ord. No. 2496, 7-11-96; Ord. No. 33-9fi
8-22-96)
ARTICLE III. LEGISLATIVE
Section 1. Village council; powers and com
position.
There shall be a village council with all legisla
five powers of the village vested therein consis`
ing of five (5) members who shall be electors of tl
village, who shall be elected by the electors of th,
village.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Election and terms.
On the second Tuesday in March of each year t
general election shall be held to elect members o
the village council. The selection of members o.
the village council shall be by groups to be knowz
as Groups 1, 2, 3, 4 and 5. The councilmen u
Groups 1, 3 and 5 shall be elected in the evez
years and councilmen is Groups 2 and 4 shall be
elected in the odd years. The term of office of s
councilman shall commence upon his election anc
qualification and shall continue for two (2) year:
thereafter and until his successor is elected anc
qualified; provided, however, that the terms of
office of those councilmen whose terms expire iL
March of 1981 and March of 1982 shall be short
ened by a period of one week.
(Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1,
10-9-80)
Section 3. Mayor.
The council shall elect from among its members
a mayor, a vice mayor, and a president pro tem tc
serve at the pleasure of the council. Election of
the mayor, vice mayor and president pro tem shall
be done annually at the first (1st) regular council
meeting after the village election. The mayor
shall preside at meetings of the council, shall be
recognized as head of village government for all
~3
NORTH PALM BEACH CODE
ceremonial purposes, by the governor for pur-
poses of military law, for service of process, exe-
cution of contracts, deeds and other documents,
and as the village official designated to represent
the village in all agreements with other govern-
mental entities or certifications to other govern-
mental entities, but shall have no administrative
duties except as required to carry out the respon-
sibilities herein. The vice mayor shall act as
mayor during the absence or disability of the
mayor. The president pro tem shall preside at
council meetings in the absence of the mayor and
vice mayor. ,
The mayor shall have power, for sufficient cause,
to suspend any Village officer or official appointed
by the council. Ln case of the suspension of any
such person, the mayor shall, within fifteen (15)
days thereafter, deliver to the village clerk, or his
deputy, a specification in writing of the charges
preferred to the officer suspended; and it shall be
the duty of said clerk to present such charges to
the council at its next meeting following the
receipt of such charges by him. Thereafter the
council shall proceed to hear and determine the
said charges after reasonable notice of such hear-
ing to the suspended officer, who shall be
Supp. No. 12 6.2
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CHARTER
given an opportunity to be heard with his wit-
nesses. Ifupon such hearing the charges preferred
against such officer shall not be sustained by the
council, the officer shall be thereby immediately
restored to office unless the council shall decide to
terminate the services of such officer for other
cause, or without cause.
Lz the event that any village officer shall be
suspended by the mayor as herein provided, the
mayor shall have power to appoint some person or
some other officer of the Village temporarily to
perform the duties of the officer suspended, until
the charges against such suspended officer are
heard and determined by,the council.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Compensation and expenses.
The council may determine the annual salary
of council members by ordinance, but no ordi-
nance increasing such salary shall become effec-
tive until the date of commencement of the terms
of the council members elected at the next regular
election, provided that such election follows the
adoption of such ordinance by at least six (6)
months.
(Ord. No. 1.76, § 1, 2-19.76)
Section 5. Vacancies; forfeiture of office;
filling of vacancies.
(a) Vacancies. The office of a council member
shall become vacant upon his death, resignation,
removal from office in any manner authorized by
law or forfeiture of his office, such forfeiture to be
declared by the remaining members of the council.
(b) Forfeiture of once. A council member shall
forfeit his office if he lacks at any time during his
term of office any qualification for the office pre-
scribed by this charter or by law.
(c) Filling of vacancies. A vacancy of the council
shall be filled in one of the following ways: (1) If
there are less than six (6) months remaining in
the unexpired term or it there are less than six (6)
months before the next regular village election,
the council by a majority vote of the remaining
members shall choose a successor to serve until
the newly elected council member is qualified. (2)
If there are more than six (6) months remaining
Art. III, § 6
in the unexpired term and no regular village elec-
tion isscheduled within six (6) months, the council
shall fill the vacancy on an interim basis as pro-
vided in (1), and shall schedule a special election
to be held not sooner than sixty (60) days, nor
more than ninety (90) days following the occur-
rence of the vacancy and if a runoff election is
necessary; it shall be scheduled one (1) week after
the special election. Notwithstanding any quorum
requirements established herein, if at any tune
the membership of the council is reduced to less
than a quorum, the remaining members may by
majority vote, appoint additional members under
either (1) or (2) above.
(d) Extraordinary vacancies. In the event that
all members of the wuncil are removed by death,
disability, law or forfeiture of office, the governor
shall appoint an interim council that shall call a
special election as provided in (c) above and such
election shall be held in the same manner as the
first (1st) election under this charter.
(Ord. No. 1-76, § 1, 2.19.76)
Section 6. Prohibitions.
(a) Appointment and removals. Neither the
council nor any of its members shall in any manner
dictate the appointment or removal of any village
administrative officers or employees whom the
manager or any of his subordinates are empow-
ered to appoint, but the council may express its
views and fully and freely discuss with the man-
ager anything pertaining to appointment and re-
moval of such officers and employees.
(b) Interference with administration. Except for
the purpose of inquiries and investigations, the
council or its members shall deal with village of-
ficers and employees who are subject to the duec-
tionand supervision of the manager solely through
the manager, and neither the council nor its mem-
bers shall give orders to any such officer or em-
ployee, either publicly or privately. Nothing in
the foregoing is to be construed to prohibit indi-
vidual members of the council from closely scru-
tinizing by questions and personal observation,
all aspects of village government operations so as
to obtain independent information to assist the
members in the formulation of sound policies to
be considered by the council. It is the express in-
Art. I11, 6 6
NORTH PALM BEACH GODE
tent of this charter, however, that recommenda-
tions for improvement in village government op-
erations by individual council members be made
to and through the village manager, so that the
manager may coordinate efforts of all village de-
partments to achieve the greatest possible sav-
ings through the most efficient and sound means
available.
(c) Holding other office. No former elected vil-
lage official shall hold any compensated appointive
village office or employment until one (1) year
after the expiration of the term for which he was
elected.
(Ord. No. 1-76, § 1, 2-19.76)
Section 7. Turnover of documents.
It shall be the duty of every officer of the village
within ten (10) days after the expiration of his
term of office or of his removal therefrom, to de-
liver to his successor in office, or to such person as
the council may designate, all books, records, pa-
pers, vouchers and property of every kind in his
possession or control, belonging to the munici-
polity.
(Ord. No. 1-76, § 1, 2-19.76)
Section S. Council-appointed officials.
The council shall have power to employ and re-
tain engineers, judges, prosecutors, accountants
and attorneys. The council shall have the power
tc create and abolish all offices and fix and deter-
mine the authority, duties and compensation of
all appointed officers, assistants and employees.
(Ord. No. 1-76, § 1, 2-19.76)
Section 9. Procedure.
(a) Meetings. The council shall meet regularly
at least once in every month at such times and
places as the council may prescribe by rule. Spe-
cial meetings may be held on the call of the mayor
or of a majority of the members and, whenever
practicable, upon no less than twelve (12) hours'
notice to each member and the public.
(b) Rules and journal. The council shall deter-
mine its own rules and order of business.
(c) Yoting. Voting, on ordinances and resolu-
tions, shall be recorded in the journal. A majority
of the council shall constitute a quorum; but a
smaller number may adjourn from time to time
and may compel the attendance of absent mem-
bers in the manner and subject to the penalties
prescribed by the rules of the council. No action of
the council except as otherwise provided in the
preceding sentence and in § 5, shall he valid or
binding unless adopted by the affirmative vote of
the majority of a quorum present, and no ordi-
nance or resolution shall be adopted unless by the
affirmative vote of at least three (3) council mem-
bers.
(Ord. No. 1-?6, § 1, 2-19-76)
Section 10. Initiative and referendum.
(a) (1) Initiative. The qualified voters of the
village shall have power to propose or-
dinances to the council and, if the
council fails to adopt an ordinance so
proposed without any change in sub-
stance, to adopt or reject it at a village
election, provided that such power shall
not extend to the budget or capital pro-
gram or any ordinance relating to ap-
propriation of money, levy of taxes or
salaries of village officers or employees.
{2) Referendum. The qualified voters of the
village shall have power to require re-
consideration by the council of any
adopted ordinance and, if the council
fails to repeal an ordinance so recon-
sidered, to approve or reject it at a vil-
lage election, provided that such power
shall not extend to the budget or cap-
ital program or any emergency ordi-
nance or ordinance relating to appro-
priation of money, levy of taxes or
salaries of village officers or employees.
(b) Commencement of proceedings. Any five (5)
qualified voters may commence initiative or ref-
erendum proceedings by filing with the village
clerk or other official designated by the council an
affidavit stating they will constitute the petition-
ers' committee and be responsible for circulating
the petition and filing it in proper form, stating
their names and addresses and specifying the ad-
C~
' _...: ~ CIL4RTER Art. III, § 70
,.,i?
dress to which all notices to the committee aze to tion is filed and five (5) days for arefer-
' be sent, and setting out in full the proposed ini- endum petition, the village clerk or other
tiative ordinance or citing the ordinance sought official designated by the council shall com-
to be reconsidered. plete a certificate as to its sufficiency, spec-
' Promptly after the affidavit of the petitioners' ifyuig, if it is msutlicient, the particulars
committee is filed, the clerk or other official des- wherein it is defective and shall promptly
' ignated by the council may, at the wmmittee's
request, issue the appropriate petition blanks to send a copy of the certificate to the pettion-
ers' committee by registered mail
Grounds
the petitioners' committee at the committee's ex- .
for insufficiency are only those specified in
pense. subsection (c). A petition certified insufIi•
' (c) Petitions. cient for lack of the required number of
(1) Dumber of signatures. Initiative and refer- valid signatures may be amended once if
the petitioners' committee Files a notice of
endum petitions must be signed by quali- intention to amend it with the clerk or other
' feed voters of the village equal in number oflcial designated by the council within two
to at least fifteen percent (15%) of the total (2) days after receiving the copy of the cer-
number ofqualified voters registered to vote
t th
l tificate and files a supplementary petition
' a
e
ast regular village election. upon additional papers within ten (10) days
(2) Form and content- All papers of a petition after receiving the copy of such certificate.
shall be uniform in size and style and shall Such supplementary petition shall comply
' be assembled as one instrument for filing. with the requirements of subsections (2) and
Each signature shall be executed in ink or (3) of Section 10(c), and within five (5) days
indelible pencil and shall be followed by after it is filed the clerk or other official
' _
the address of the person signing. Petitions designated by the council shall complete a
shall contain or have attached thereto certificate as to the sufficiency of the peti-
throughout their circulation the full text of tion as amended and promptly send a copy
the ordinance proposed or sought to be re- of such certificate to the petitioners' com-
' considered. mittee by registered mail as in the case of
(3) A~dauit of circulator. Each paper of a pe- an original petition. If a petition or amended
tition shall have attached to it when filed Petition is certified sufficient, or if a peti-
t an affidavit executed by the circulator tion or amended petition is certified insuf•
thereof stating that he personally circa- ficient and the petitioners' committee does
lated the paper, the number of signatures not elect to amend or request council re-
n
' thereon, that all the signatures were af- ew under subsection (2) of this section
fixed in his presence, that he believes them within the time required, the clerk or other
to be the genuine signature of the persons official designated by the council shall
' whose names they purport to be and that Promptly present his certificate to the
each signer had an opportunity before council and the certificate shall then be a
signing to read the full text of the ordi- final determination as to the sufficiency of
Hance proposed or sought to be reconsid- the petition.
' ered. (2) Council review. ]f a petition has been cer- q
(4) Time for filing referendum. petitions. Refer- tified'insuflicient and the petitioners' com• E
i~
endum petitions must be filed within thirty ~
mittee does not file notice of intention to c
' (30) days after adoption by the council of arnend it or if an amended petition has been'~~r.T
the ordinance sought to be reconsidered. certified insuflicient, the committee may, `
(d) Procedure for ftling. within two (2) days after receiving the copy
(1) Certijicate of clerk; amendment. Within
`~ t
t
20 of such certificate, file a request that it be
reviewed by the council. The council shall
~~
wen
y (
) days after the initiative peti- review .the certificate at its next meeting
Art. III, § 10
NORTH PALM BEACH CODE
following the filing of such request and ap-
prove or disapprove it, and the council's de-
termination shall then be a final determi-
nation as to the sufficiency of the petition.
(e) Referendum petitions; suspension of effect of
ordinance. When a referendum petition is filed
with the village clerk or other official designated
by the council, the ordinance sought to be recon-
sidered shall be suspended from taking effect. Such
suspension shall terminate when:
(1) There is a final determination of insuffi-
ciency of the petition, or;
(2) The petitioners' committee withdraws the
petition, or;
(3) The council repeals the ordinance, or;
(4) After a vote of the village on the ordinance
has been certified.
(f) Action on petitions.
(1) Action by council. When an initiative or ref-
erendum petition has been finally deter-
mined sufficient, the council shall promptly
consider the proposed initiative ordinance
in the manner provided in Article III or
reconsider the referred ordinance by voting
its repeal. If the council fails to adopt a
proposed initiative ordinance without any
change in substance within sixty (60) days
or fails to repeal the referred ordinance
within thirty (30) days, it shall submit the
proposed or referred ordinance to the voters
of the village.
(2) Submission to voters. The vote of the vil-
lage on a proposed or referred ordinance
shall be held not less than thirty (30) days
and not later than sixty (60) days from the
date that the petition was determined suf-
ficient. If no regular village election is to be
held within the period described in this sub-
section, the council shall provide fora spe-
cial election; except that the council may,
in its discretion, provide for a special elec-
tion at an earlier date within the described
period. Copies of the proposed or referred
ordinance shall be made available at the
polls.
(3) Withdrawal a f petitions. An initiative or ref-
erendum petition maybe withdrawn at any
time prior to the fifteenth (15th) day pre-
ceding the day scheduled for a vote of the
village by filing with the village clerk or
other official designated by the council a
request for withdrawal signed by at least
four (4) members of the petitioners' com-
mittee. Upon the filing of such request the
petition shall have no further force or effect
and all proceedings thereon shall be termi-
nated.
(g) Results of election.
(1) Initiatzve. If a majority of the qualified elec-
tors voting on a proposed initiative ordi-
nance vote in its favor, it shall be consid-
ered adopted upon certification of the
election results and shall be treated in all
respects in the same manner as ordinances
of the same kind adopted by the council. If
conflicting ordinances are approved at the
same election, the one receiving the greatest
number of affirmative votes shall prevail
to the extent of such conflict.
(2) Referendum. If a majority of the qualiC~ed
electors voting on a referred ordinance vote
against it, it shall be considered repealed
upon certification of the election results.
(Ord. No. 1-76, § 1, 2-19-76)
Section 11. Sale of property; referendum re-
quired.
(a) Any disposition of village owned real prop-
erty dedicated or used for parks or recreational
purposes within the corporate limits of the Vil-
lage 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 fc a period ex-
ceeding five (5) years shall first require afour-
fifths majority vote of the members of the Village
Council and shall further require approval by vote
of 66~/s percent of the Village electors who vote in
a referendum election called and held as provided
by law. This section shall apply to real property
acquired by the Village subsequent to the date of
adoption of this charter, which real property is
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dedicated or used for parks or recreational pur-
poses.
(b) The limitation of power to dispose of prop-
erty shall embrace sale, exchange, lease, mort•
gage, pledge, or other encumbrance of such real
property; but shall not embrace abandonment, gift
or donation to a charity of such real property of-
ficially determined to be of no further use to the
Village and of nominal sale value or no value.
(c) The pazks 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 azeas: North
Palm Beach Community Center and Pazk, An-
chorage 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 struc-
tures on or upon Village owned real property that
exist as of the date of adoption of this Charter
Amendment; no [nor] shall this section apply to
the repair or reconstruction of any such existing
structures; except that this section shall apply to
such structures in the event that said existing
structures shall be abandoned or officially deter-
mined to be of no further use to the Village.
(e) This section shall not apply to any disposi•
tion oC Village owned real property, any improve-
ment ofsame by way of placing structures thereon,
or any lease of said real property by the Village if
the same is required by State or Federal law, or if
required by mandate of any agency or subdivision
or the State or Federal Government with jurisdic-
tion over the Village.
(fl This section shall not apply to the construc•
tion of public utility structures, nor the place-
ment of underground utility structures including,
but not limited to, water mains, sewer lines, storm
water drainage and other utilities.
(g) This section shall not apply to the construc•
tion of structures deemed necessary by the Vil-
lage for public recreational purposes on Village
owned real property on which public recreational
structures exist as of the date of adoption of this
Charter Amendment.
(Ord. Na. 11.86, § 1, 9-11.86)
CHARTER
Art. N, § 4
ARTICLE IV. ADMINISTRATIVE
Section 1. Village manager.
There shall be a village manager who shall be
the chief administrative officer of the village. The
manager shall be responsible to the council for
the administration of all village affairs placed in
his charge by or under this charter.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Appointment; removal; compensa•
tion [of manager].
(a) Appointment. The council shall appoint a vil-
lage manager for an indefinite term by a majority
vote of all the council members.
(b) Removal. The council may remove the man-
ager by a majority vote of all the council members
and the manager shall hold office at the pleasure
of the council.
(c) Compensation. The compensation of the man-
ager shall be fixed by the council.
(Ord. No. 1-76, § 1, 2.19.76)
Section 3. Vacancy [in office of manager].
During any vacancy in the office of village man•
ager, the council may designate any competent
person, except the mayor or any member of the
council, to execute the functions of the office of
village manager.
(Ord. No. 1-76, § 1, 2.19-76)
Section 4. Acting village manager.
By letter filed with the council, the manager
shaI' designate, subject to approval of the council,
a qualired village administrative officer to exer•
cise the powers and perform the duties of man-
ager during his temporary absence or disability.
During such absence or disability, the council may
revoke such designation at any time and appoint
another officer of the village to serve until the
manager shall return or his disability shall cease.
(Ord. No. 1.76, § 1, 2.19-76)
11
Art. IV, § 5 NORTH PALM BEACH CODE
Section 5. Powers and duties of the village (j) Perform such other duties as are specified
manager. in this charter or may be required by the
The Village Manager shall
(a) Appoint, and when he deems it necessary
for the good of the village, suspend or re-
move all village employees and appointive
administrative officers provided for by or
under this charter, except as otherwise pro-
vided bylaw, this charter or personnel rules
adopted pursuant to this charter. He may
authorize any administrative officer who is
subject to his direction and supervision to
exercise these powers with respect to sub-
ordinates in that officer's department, of-
fice or agency;
(b) Direct and supervise the administration of
all departments, offices and agencies of the
village, except as otherwise provided by this
charter or by law;
(c) Attend all council meetings and shall have
the right to take part in discussion but may
not vote;
(d) See that all laws, provisions of this charter
and acts of the council, subject to enforce-
ment by him or by officers subject to his
direction and supervision, are faithfully ex-
ecuted;
(e) Prepare and submit the annual budget,
budget message, and capital program to the
council in a form provided by ordinance;
(f) Submit to the council and make available
to the public a complete report on the fi-
nances and administrative activities of the
village as of the end of each fiscal year;
(g) Make such other reports as the council may
require concerning the operations of vil-
lagedepartments, offices and agencies, sub-
ject to his direction and supervision;
(h) Keep the council fully advised as to the fi-
nancial condition and future needs of the
village and make such recommendations to
the council concerning the affairs of the vil-
lage as he deems desirable;
(i) Sign contracts on behalf of the village pur-
suant to the provisions of appropriations
ordinances;
council.
(Ord. No. 1-76, § 1, 2-19-?6)
Section 6. Country club administrator.
The council shall have the power by ordinance
to provide for the management and/or adminis-
tration of any village owned or operated country
club and its related activities, in whole or in part,
separate from the office of the Village Manager
and to specify the authority, if any, that the Vil-
lage Manager shall have over employment, man-
agement, administration or other matters in any
way connected with the operation of any village
owned or operated country club.
(Ord. No. 1-?6, § 1, 2.19-76)
Section 7. Village clerk.
There shall be a Village Clerk who shall be
responsible to the council for the proper adminis-
tration of all affairs of the village coming under
his control and to that end his powers and duties
are and shall be:'
(a) To attend all off-icial meetings of the council
in person or by deputy and keep minutes of
its proceedings, which, afl;er being approved,
shall be engrossed in a well-bound book and
signed by the Village Clerk.
(b) To be the custodian of the Village Seal and
of all records and papers of a general or
permanent character pertaining to the of
fairs of the municipality.
(c) (Text omitted).
Editor's note-Subparagraph (c), dealing with the clerk's
function a9 clerk of the municipal court, has been omitted
since the court was abolished pursuant to article V, § 20(d)(4)
of the state constitution.
(d) To attest all executory contracts made in
behalf of the village as evidence of the au-
thorization of such contracts by the council;
and no executory contracts made in behalf
of the village or to which the village is a
party shall be valid unless attested by the
Village Clerk.
(e) To preserve, file and index all contracts to
which the village is a party, which file and
12
1 ' ~.
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CHARTER
record shall be open to the inspection of all
interested persons at all reasonable times.
(0 To furnish the council at any time such re-
ports, data and information as may be nec-
essary to fully inform it as to the affairs of
the village, furnishing it regulazly with
such detailed reports of the village govern-
ment as may be necessary.
(Ord. No. 1.76, § 1, 2-19-76)
ARTICLE V. QUALIFICATIONS AND
ELECTIONS
Section 1. Nonpartisan elections,
All qualifications and elections for the office of
village councilman shall be conducted on a non-
partisan basis without regard for or designation
of political party affiliation of any nominee on
any nomination petition or ballot.
(Ord. No. 1.76, § 1, 2-19.76)
Section 2. Qualifications.
Candidates for the office of village councilman
shall qualify for such office by the filing of a
written notice of candidacy with the designated
official at such time and in such manner as may
be prescribed by ordinance.
(Ord. No. 1-76, § 1,.2-19.76)
Section 3. Form of ballots.
The council by ordinance shall prescribe the
form of ballot including the method for listing can-
didates for village council elections and any other
village election. A charter amendment to be voted
on by the village shall be presented for voting by
ballot title. The ballot title of a measure may differ
from its legal title acid shall be a clear, concise
statement describing .he substance of the mea-
sure without azgument or prejudice. Below the
ballot title shall appear the following question:
"Shall the above described amendment be
adopted?" Immediately below such question shall
appear, in the following order, the words "for
approval" and also the words "against approval"
with a sufficient blank space thereafter for the
placing of the symbol "X" to indicate the voter's
Art. V, § 6
choice or with a lever opposite "for approval" or
"against approval" if voting machines aze used.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. General and runoff election
Whenever a general or special election is held
to fill any elective office in the Village of North
Palm Beach, the candidate receiving a majority of
the votes cast at such election to fill such office
shall be declared to be duly elected; provided that
in the event no candidate for a particulaz elective
office shall receive a majority of the votes cast at
such election to fill such office, then a runoff elec-
tion shall be held two weeks after the original
election to elect a candidate to fill such office; 7ro-
vided further that in such event only the names of
the two candidates having received the greatest
number of votes in the election for such office shall
be submitted to the voters and the one receiving
the majority number of votes in such runoff elec-
tion shall be declared to be duly elected to such
office; provided further that should two or more
candidates receive an equal number of votes to
any such office, so that it cannot be determined
which two had received the greatest and the next
greatest number of votes, then the names of all
such candidates shall be submitted at the runoff
election and the candidate receiving the greatest
number of votes at such election shall be declazed
elected to such office, regardless of whether such
candidate received a majority of the votes cast to
fill such office at such runoff election.
(Ord. No. 1.76, § 1, 2-19-76)
Section b. Unopposed candidates.
In the event not more than one (1) person qual-
ired as a candidate for a designated seat on the
village council to be filled at an election, that seat
shall not be listed on the regular village election
ballot: Each unopposed candidate shall be deemed
to have voted for himself.
(Ord. No. 1-76, § 1, 2-19-76)
Section 6. Recall.
The qualified voters of the village shall have
the power to recall and to remove from office any
13
Art. V, § 6
NORTH PALM BEACH CODE
elected official of the village as provided by gen-
eral law.
(Ord. No_ 1-76, § 1, 2-19.76)
ARTICLE VI. TRANSITION SCHEDULE
Section 1. Continuation of former charter
provisions.
Al] provisions of Chapter 31481, Laws of Florida,
Extraordinary Session 1956, (the former charter)
as amended ~y special law or otherwise which are
not embraced herein and which are not inconsis-
tent with this charter shall become ordinances of
the village subject to modification~or repeal in the
same manner as other ordinances of the village.
(Ord. No. 1.76, § 1, 2-19-76)
Section 2. Ordinances preserved.
All ordinances in effect upon the adoption of
this charter, to the extent not inconsistent with it,
shall remain in force until repealed or changed as
provided herein.
(Ord. No. 1-76, § 1, 2-19-76)
Section 3. Rights of officers and employees.
Nothing in this charter except as otherwise spe-
cifically provided shall affect or impair the rights
or privileges of persons who are village officers or
employees at the time of adoption. Elected officers
shall continue to hold their off-ices and discharge
the duties thereof until their successors are
elected.
(Ord. No. 1-76, § 1, 2-19-76)
Section 4. Pending matters.
All rights, claims, actions, orders, contracts and
legal or administrative proceedings involving the
village shall continue except as modified pursuant
to the provisions of this charter.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Miscellaneous provisions.
In case any one or more of the sections or pro-
visions of this Charter or the application of such
sections or provisions to any situation shall for
any reason be held to be unconstitutional, such
unconstitutionality shall not affect any other sec-
tions or provisions of this Charter or the applica-
tion of such sections or provisions as to any other
situation and it is intended that this Charter shall
be construed and applied as if such unconstitu-
tional section or provision had not been included
herein.
(Ord. No. 1-76, § 1, 2-19-76)
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 oc-
curred.
(Ord. No. 1-76, § 1, 2.19-76)
[The next page is 65]
14
' ~I such regulations as may be provided by law. Grantee shall not be entitled to
,; claim any value on account of this fianrhise in the value of Grantee's
' ii property or rate base.
Section 5. Subject to tie consun~'s consent, Grantee shall have the
' ~ right to install and maintain on the premises of each of its customers meters
i for measuring gas sold and delivered and shall have the right of ingress and
egress to the presses of each eons~r free of charge, from time to r;,+,e
for
,
ij
the purpose of reading, repa'+-~ 9, testing and maintaining Grantee's meters anc
' ~ aPP~anances. Stich meters and .appurtenances shall at all times remain the
I~ property of Grantee, and sha1.1 be x~rvable by Grantee at any time, by lawful
' ~ means.
I
Section 6. Grantee shall have the r' t to a
~ igh dopt and enforce reason-
s
' ~ able rules and regulations with respect to the extension, initiation and
~
raidering of gas service, including rules prroviding for the discontinuance of
J
' ~ service to any customer on account of non a
i; p yment of bills when due, or upon
~' failure to couply with the Grantee's other reasonable rules and regulations.
li
' j Sectia, 7, Grantee shall indemnify and save and keep Grantor harmless
I~ frun any and all li
bili
b
a
ty
y reason of damage or injury to any person or
j; Property whatsoever on accaint of the negligence of Grantee in the installatianl
f maintenance, a~ operation of its facilities; provided Grantor shall prc~tly
' i~ in each case notiSy Grantee in writing of any claim against Grantor on accrnnt
I
~
~ thereof, and shall afford Grantee opportunity to defand the same,
' ~i Section 6. Within thirty (30) days after the first anniversary date
I'
++ of this grant and within thirty (30) days after each succeeding anniversary
li
' ~ date during the existence of this grant, the Grantee, its successors and
~ assigns, shall pay to the Grantor or its successors a privilege tax equal to
' ii the amnmt b which five 5
Y ()percent of the am~nt of its gross revenues
(gross reva~ues being the anoint of revenues collected less adjustmants) from
' ~~ the sale of gas to residential customers within the corporate limits of Grantor)
I
:
i for the twelve calendar months preceding the applicable anniversary date shall
' excee',3 the amount of any other taxes or licaises levied or imposed by Grantor
against Grantee's property, business, revenues, privileges, or operations for
' ~ the tax year preceding the beginning o£ the applicable privilege tax year,
i
'
Section 9. Grantee by its acceptance hereof agrees to observe, perform'
~
~~ and keep all of the agreeirnnts, undertakings and conditions hereof to be
it
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! Section 10. Failure on the part of Grantee to oxmply in acry substa~-
tial re ect with an of the
,i SP y provisions of this Ordinance shall be gzuunds far
~~ a forfeiture of this grant, b~t'no such forfeiture shall take effect if the
i
~ reasonableness or propriety thereof is protested by Grantee Until a coast of
i
competent jurisdiction (with right of appeal in either party) shall have found
[~ that~Grantee has failed to ar~ly in a substantial respect with any of the
I~ provisims of this franchise, and the Grantee shall, after the final
~I determination of the question, fort2srith proceed to make gcnd the, default
before a forfeiture shall result, the default to be ciu~ed in arty ev¢it within
a period of six months with the right in Grantor at its discretion to grant
~' such additional time to Grantee for compliance as necessities in the case
ii
j~ require.
~: Section 11. In any case whore there is intern~tion.or imp~;*++~+t of
service, or failure of supply of gas or pressure, Grantee shall prargtly reuady
~, such condition. No interx~tian or impa;**ra+t of service or faihse of
(~ supply of gas or pressure by reason of force majeure, strike, breakdown,
i'
~. acci.dent or other cause or happening beyond the caitrol of Grantee shall
i' constitute a breach of this Ordinance nor subject the Grantee to liability £ar
damage; provided that such interruption or impa;*++~.~t of service or failure of ~
~: supply of gas or pressure by reason of force majeure, strike, breakdown,
i
+i accident, or other cause or happening shall be remedied proug,tly.
Section 12. In consideration of Grantee's tmdertakings hereunder as
;;
I~ evidenced by its acceptance hereof, the Grantor agrees not to engage in the
I
~. business of distributing and selling gas during the life of this franchise or ~
I'
~~ any extension thereof in competition with the Grantee, its successors and
i;
assigns.
~~ Sectimi 13. Grantor hereby reserves the right at and after the
i
expiration or termination of this grant to purchase the property of Grantee
used under this grant, as provided by the laws bf Florida in effect at the
time of Grantee's acceptance hereof, including Section 167.22 of the Florida
Statutes, 1941, and as a canditioci precedent to the taking effect of this
grant, Grantee shall give and grant to the Grantor the right to purchase so
reserved, Grantee shall be deemed to have given and granted such right of
-4-
1
C
1
'.I p~'cnase by its acceptance hereof, c3zich shall be filed with ti-~ Grantor's
Clerk within thirty (30) days after the final passage of this Ordinance,
Section 14. All of the terms, provisions and arnditions hereof shall
inure to and be binding ~~ the respective successors and assigns of the
GYantor and the Grantee.
i
Section ]5. All gas franchise ordinances and parts of gas franchise
ordinances in cocLflict herewith shall be and the same are hereby repealed as
of the effective date of this ordinance.
Section 16. This Grdin~ece shall take effect ten (10) days after the
date of its final passage and shall be published as rerniired by law.
PLACED ON FIRST READIAG T1iIS 87H I14Y OF MAY, 198D.
PLACID CN SEOODID, FINAL READ7I~ AfID PASSED 7HIS 22ND IlAY OF MAY, 1980.
,..;,.~
~; ATTEST:.
..
~~~ ;
i~: Florida P~
ii
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~ ;I~
~ ..
~:
I~.
~. .
'I
1~
~.
~ ~
t
ties Company
MILDRED K. BALL, Corporate Secretary
Flozida Public IItilities Company
~~
M WETNESS W.iEREOF.I hereu my ha ~CaM
' eRis the seal pl he VilleB of nh Palm Beach,
FkMide, this ay
0.D. 78~
' ~ RESOLUTION NO. 5-90
Yllepa Clerk
,' ,
' A RESOLUTION OF THE VILLAGE COUNCIL OF THE
d VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING
A FRANCHISE BE ISSUED BY THE VILLAGE FOR SOUTHERN
' f BELL TELEPHONE h TELEGRAPH COtvIPANY TO USE THE
PUBLIC STREETS OF THE VILLAGE OF NORTH PALM
~" BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING,
COltSTRUCTING, NIAINTAJNJNG AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE,
' BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
' Section 1: That a permit or permission, pursuant to
Chapter 28 of the Village Code of the Village of North Palm Beach,
' be, and the same is hereby, granted to the Southern Bell Telephone
and Telegraph Company (hereinafter referred to as "Company"~), its
' successors and assigns, to construct, maintain and operate lines
of telephone end telegraph equipment, including the necessary
' L poles, conduits, cables, electrical conductors and fiber optics
and digital technology fixtures upon, along, under and over the
public roads, streets, highways and rights of way of the Village
of North Palm Beach, Florida, as its business may from time to
time require, provided that a]] poles shall be neat and
syrrtnetrical.
' Section 2: The work of erecting poles and constructing
underground conduits under this Resolution shall be done subject
to the supervision of the Village', and the Company shell replace
or properly relay and repair any sidewalk or street that may be
' displaced by reason of such work, and upon failure of the Company
so to do, after twenty (20) days' notice in writing given by the
' Mayor of the Village to the Company, the Village may repair such
portion of the sidewalk or street that may have been disturbed 'by
' the Company, and collect the cost.so incurred from the company.
Section 3: In consideration of the rights and privileges
' herein granted, the Company shall pay to the Village annually a
sum equal to one percent (t%) of the gross receipts of the
Company on recurring local service revenues for services provided
1
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within the corporate limits of the Village by the Company,
provided that there shall be credited against such sum the amount
of ell taxes, licenses, fees and other impositions (except ed
valorem taxes and amounts for assessments for special benefits,
3
such as sidewalks, street pavings and similar improvements, and
occupational license taxes) levied ~r imposed by the Village upon
the Company and paid during the preceding fiscal year as defined
herein. Payment shall be made to the Village for each of the
years that this permission is in effect and shall be based on the
receipts of the Company for the preceding fiscal year. For the
purposes of this payment, such fiscal year shall end on December
31. The first such payment shall be calculated on the receipts
for the fiscal year ending December 37, 7988, shall be made on or
before May B, 1990, and shall be for the permission year October
19, 1988, through October 13, 1989. The second such payment shall
be calculated on the receipts for the fiscal year ending December
3t, 1989, shall be made on or before May 8, 1990, and shall be
for the permission year October 79, 1989, through October 13,
1990. Subsequent payments will De made on or before March 1 of
each year for which the permission is herein granted.
Section 4: 1f the Village wishes to verify the payments
to the Village under this Resolution, the Company shall permit the
Village or a designated representative of the Village, upon
reasonable advance written notice, to review the Company~s billing
and payment records, upon which the payments were based, during
normal business hours at the location of the Company where such
records are maintained. However, no Company records may be
duplicated or taken from the Company~s premises, and the Village
shall maintain the confidentiality of the Information disclosed
i
in these records and use the information solely for the purposes
L of verifying payments by the Com an -
P Y• Such Company records shall
be maintained by the Company for the period prescribed by the
Federal Conmunicetions Conmisstori end/or the Florida Public
Service Conmission.
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Section 5: The Company shall tndemnify the Village
against, and assume al] liabilities for, damages which may arise
or accrue to the Village for apy injury to persons or property
from the doing of any work herein authorized, or the neglect of
the Company or any of its employees to comply with any resolution
regulating the use of the streets of the Village, and the
acceptance by the Company of this Resolution shall be an agreement
by it to pay to the Village any sum of money for which the
Village may become liable from or by reason of such injury.
Section 6: The Company shall file with the Village Clerk
of the Village its acceptance of this Resolution within sixty (60)
days from the date of its passage.
Section 7: Nothing in this Resolution shall be construed
es a surrender by the Village of its right or power to pass
resolutions regulating the use of its streets. Company shall
comply with the provisions of Section 337.401 through Section
337.404, Fla. Stat., as amended from time to time, as applicable.
Section 8: The permit granted by this Resolution, if
accepted by the Company, shall be in force and effect for a term
of thirty (30) years from and after October 14, 1988.
Section 9: This Resolution shall take effect upon the
later of passage or receipt by the Village Clerk of Company's
acceptance of this Resolution. In the event such acceptance is
not received by the Village Clerk within sixty (60) days from the
date of adoption of this Resolution, this Resolution shall be
rescinded automatically.
PASSED AND ADOPTED THIS 8th __ DAY OF March
1990, r
j ~ (Village Sea])
ATTEST: ~"~"~"'
`r ~~'//,J 1 ~ MAYOR
~ age .<<a
3.
I, the undersigned Village Clerk of the Village of North Palm Beach, Florida, DO
HEREBY CERTIFY that attached hereto is a true and correct copy of Article III of Chapter 26
- of the Code of Ordinances of the Village and that such ordinances remain in force and have not
been amended.
i IN WITNESS WHEREOF, I have hereunto set my hand as of the 16th day of March,
1999.
Y ~%//!~-
' .'iliage Clerk
•
Chapter 26
TAXATION
Art. I. In General, §§ 26.1-26-]6
Art. II. Insurance Fscise Twee, 44 26.16-26.28
Art. III. Utility Tez. {i4 26.29-26.60
Art. IV. Telecommunications Service Tan; ¢4 2657-26.54
J
This a a True Copy
IN WRNESS NR{EREGF,1 hereunto s y hand end
aNix the seal tM Ylbps h Palm Beaeh,
Florida, this a,y pl
A.D. 19 ~
D~'
Yllape Clerk ~ -
'Groan :~efereaces-Administration generally, Ch. 2; licensee and mistellaneoua business regulations, Ch. ]7.
•
Supp. No. 9 1627
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ARTICLE I. IN GENERAL,
Secs. 26-1-26.15. Reserved.
TAXATION
ARTICLE II. 1NSUR.AIVCE EXCISE TAXES
Sec. 26.16. Casualty insurance premiums
(a) In accordance with F.S. section 185.08, the
village does hereby assess and impose oa every
insurance company, corporation or other insurer
now engaged in or carrying oa, or who shall here-
after engage in or carry on the business of casu-
altyinsurance as shown by the records of the state
treasurer in his capacity as state insurance com-
missioner, an excise or license tax in addition to
any lawful license or excise tax now levied by the
village amounting to one (1) percent of the gross
amount of receipts of premiums from policyhold-
ers on all premiums collected on casualty insur-
ance policies covering property within the corpo-
rate limits of the village.
(b) In the case of multiple-peril policies with a
single premium for both property and casualty
coverages in such policies, thirty (30) percent of
such premium shall be used as the basis for the
one-percent tax above.
(c) The excise or license tax shall be payable
annually March 1 of each year after the passing of
an ordinance assessing and imposing the tax here-
in authorized.
(Code 1970, § 38-19)
Sec. 26.17. Property insurance premiums
(a) In accordance with F.S. section 175.101, the
village does hereby assess and impose on every
insurance company, corporation or other insurer
now engaged in or carrying on, or who shall here-
after engage in or carry on, the business of prop-
erty insurance, as shown by the records of the
state treasurer in his capacity as state insurance
commissioner, an excise or license tax in addition
to any ]awful license or excise tax now levied by
the ~~Ilage amounting to two (2) percent of the
gross amount of receipts of premiums from poli-
cyholders on all premiums collected on property
insurance policies covering property K~thin the
corporate limits of the village.
Supp. No. 9
1629
¢ 26-30
(b) In the case of multiple-peril policies with a
single premium for both the property and casualty
ty coverages in such policies, seventy (70) percent
of such premiums shall be used as the basis for
the two-percent excise tax referred to herein.
(c) The excise or license tax shall be payable
annually on the first day of March of each yeaz.
(Code 1970, § 38-20)
Secs. 26.18-26.26. Reserved.
ARTICLE III. UTILITY TAX'
Sea 26.29. Levied; rate.
A tax in the amount of seven (7) percent is here-
bY imposed and levied on each and every pur-
chase of electricity, metered gas and bottled gas
(natural liquefied petroleum gas or manufactured
gas), within the corporate limits of the village. A
tax of two cents ($0.02) per gallon is hereby im-
posed and levied on each and every purchase of
fuel oil within the corporate limits of the village.
(Code 1970, § 38-21; Ord. No. 199-69, §§ 1, 6; Ord.
No. 222-71, § 1, 1-14.71; Ord. No. 22-79, § 1, 9.27-
79; Ord. No. 9.81, § 1, 9-24.81; Ord. No. 16-92, § 1,
9-24.92; Ord. No. 23-93, § 1, 9-23.93)
Sec. 26.30. Collection.
(a) Tile tax imposed and levied in section 26-29
shall be collected from the purchaser of such util-
ities services and paid by such purchaser for the
use of the village to the sellers of such electricity,
fuel oil, metered gas and bottled gas (natural liq-
uefied petroleum gas or manufactured gas) at the
time of the purchaser paying the charge therefor
to the seller.
(b) The sellers of electricity, foal oil, metered
gas and bottled gas (natural liquefied petroleum
gas or manufactured gas) within the corporate lim-
its of the village shall act as the tax collection
mediums or agencies for the village, and they shall
collect from the purchasers of such utilities ser-
vices for the use ofthe village the tax imposed and
levied by this article and shall report and pay over
'Stale law reference-public aervite tnx authorized, F.S.
¢ 166.231.
J\) TAXATION
.i.: / '
village, shall collect such public sendce tax from
• the purchaser at the time ofpayment of each such
bill. Provided and to the extent that such bills are
subsequently paid, the seller shall remit the pub-
licservice tax to the village in accordance with the
provisions hereinafter stated. If any purchaser re-
fuses to pay such tax specifically, the seller shall
promptly inform the village of the name and ad-
dress of such purchaser, and the amount of tax
withheld by such purchaser.
(c) Every seller is hereby required to execute
and file with the village finance director no later
than the twentieth (20th) day of each month a
statement setting forth the amount of such public
service tax to which the village became entitled
~- under the provisions hereof on account of bills
~ paid by purchasers during the preceding fiscal
month, and contemporaneously with the filing oC
such statements, shall pay the amount of such
public service tax to the village.
(Ord. No. 18.94, § 12 9-22-94)
Sec. 26.53. Exemptions. .,~.
(e) Purchases of telecommunicationservicesby
the government of the village, its council and agen-
cies and any recognized church in this state if
' used exclusively for church purposes shall be ex-
empted from the payment of the tax imposed and
levied by this part.
(b) Purc}~ases of local telephone service or oth-
er telecommunication service for use in the con-
duct oftelecommunication service for hire or other-
' wise for resale shall be exempted from the payment
of the tax imposed and levied by this part.
(Ord. No. 18-94, § 3, 9-22-94)
Sec. 26.54. Compensation.
For the purpose of compensating the seller of
telecommunication service, the seller shall be al-
lowed one (1) percent of the amount of the tax
collected and due to the village in the form of a
deduction from the amount collected for remit-
tance. The deduction is allowed as compensation
for keeping ofrecords and for the collection of, and
the remitting of, the tax.
(Ord. No. 18-99, § 9, 9-22-94)
~'
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Supp. No. 9 ~ 1631 IThe next page is ]6671
4.
•
I, the undersigned Village Clerk of Village of North Palm Beach, Florida, DO HEREBY
CERTIFY that attached hereto is a true and correct copy of the Village Chazter as in effect this
~ date.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 16th day of March,
1999.
y; ~n~
illage Clerk
PARTI
CIIARTER•
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Art• I. Corporate Name
Art. II. Terrltorlal Bouadarles
4 7
Ari. Zu, ,
kl:lslative, ¢¢ I-Il
Art. FV. Admlaistrattve, 45 1-7
Art. V. Quallficatfons and Elections
¢¢ 1-8
Art. VI. ,
Tl~ansittoa 6ebedul0. g5 1-6
'Editor's note-The charter of the village, ch. 97981, I.ews of Florida (1956) an revised by Ord. No. 1.76 of Feb. 19, ]978, is set
out in this Peri as enacted. Amendments have been worked In and nre fnditated by history notes fol]owing amended sections:
i •~ Materiel enclosed in brackets (7 hss been inserted where necessary to cerreM obvious errors or for purposes of clarification where
an ambiguity nppears.
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CHARTER
ARTICLE I. CORPORATE NAME
The municipality hereby established shall be
known as "The Village of North Palm Beach, Flor-
ida."
ARTICLE II. TERRITORIAL BOUNDARIES
Section 1. [Described.]
The Tbrritorial Limits of said Municipality are
hereby defined and shall be as follows:
BEGINNING at the intersection of the waters
edge along the west shore of Lake Worth, with the
south line of Government Lot 1, Section 21,'Ibwn-
ship 42 South, Range 43 East, Palm Beach Coun-
ty, Florida; thence westerly, along the south line
of said Government Lot 1, to the southwest corner
thereof; thence northerly, along the west line of
said Government Lot 1, also being the north-south
one-quarter section line of said Section 21, to a
point 68.90 feet south of the north one-quarter
comer of said Section 21, (as measured along said
one-quarter section line). Said point being on the
north side of the concrete curb on the south aide of
the center median of Northlake Boulevard (S.R.
No. 850), said point also being 7.75 feet south of
the centerline of Northlake Boulevard (S.R. No.
850) as now laid out and in use; thence S-89°-48'-
00"-W, along a line which is 7.75 feet south of and
parallel with the centerline of said Northlake Bou-
levard (S.R. No. 5-850), a distance of 1094.60 feet
to the beginning of a curve, concave to the north,
having a radius of 4009.75 feet and a central an-
gle oC 10°-37'-46"; thence westerly and northwest-
erly along the arc of said curve, a distance of 743.92
feet to the end of said curve and the beginning of
a curve, concave to the south, having a radius of
4019.52 feet and a central angle of 8°-40'-40";
thence westerly along the arc of said curve, a dis-
tance of608.78 feet to the end ofsaid curve; thence
N-88°-14'52"-W, a distance of 200 feet, more or
less, to a point; said point being on the west line of
said Section 21 and 15.75 feet south of the north-
west corner of said Section 21; thence N-88°-04'-
04"-W, along a line which is 7.75 feet south of and
parallel with the centerline of said Northlake Bou-
levard (S.R. No. 850), a distance of 2654.1 feet,
more or less to a point in the north and south
quarter section line of Section 20. Township 42
Su~l>. No. 8
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South, Range 43 East, Palro Beach County, Flor-
ida; thence northerly along the said north and
south quarter section line, a distance of 15.75 feet,
more or less, to the quarter corner in the north
line of said Section 20; thence northerly along the
north and south quarter section line of Section 17
of said Township and Range to a point in the east-
erlyextension of the northerly right-of--way line of
the Earman River Canal as described in Deed Book
1047, Page 359, Public Records of Palm Beach
County, Florida; thence N-67°-25'-24"-W a dis-
tance of42.89 feet to a point in the northerly right-
of--way line of said Earman River Canal; thence
westerly along said northerly right-of--way line of
the Earman River~Canal, to the west line of said
Section 17; thence northerly along the west line of
said Section 17, to the northwest corner of said
Section 17; thence easterly along the north line of
said Section 17, to the swthwest comer of Crom-
well Estates according to the Plat thereof, record-
ed is Plat Book 29, page 110, Public Records of
Palm Beach County, Florida; thence northerly
along the west line of said Cromwell Estates to
the northwest corner thereof; thence easterly along
the north line of said Cromwell Estates to the
west line of the southeast one-quarter (SE ~/.) of
the southwest one-quarter (SW ~/a) of Section 8 of
said lbwnship and Range; thence northerly along
the west line of the southeast one-quarter (SE ~/.)
of the southwest one-quarter (SW ~/.) of Section 8
to the northwest corner thereof; thence easterly
along the north line of the southeast one-quarter
(SE ~/a) of the southwest one-quarter (SW ~/.) of
Section 8 to the west line of Pepperwood Subdivi-
sion as recorded in Palm Beach County Records,
Plat Book S3, page 184, thence northerly along
the west line of said Pepperwood Subdivision to
the northwest corner thereof; thence easterly along
the north line ofsaid Pepperwood Subdivision to a
point in a line lying 260 feet west and parallel to
the north-south quarter section line of Section 8,
7bwnship 42 South, Range 93 East, Palm Beach
County, Florida; thence northerly along said line
a distance of 1065 feet; thence east along a line
parallel to the south line oC the southeast one-
quarter (SE V~) of the southeast one-quarter (SE
'/a) of the northwest one-quarter (NW ~/.) of said
Section 8 to a point in the north-south quarter
section line of said Section 8; thence northerly
along the north and south quarter section line of
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shown on the Plat of Bulkhead line in the north
end of the Waters of Lake Worth, as recorded in
Plat Book 26, page 135, Public Records of Palm
Beach County, Florida; thence southerly at right
angles to said north Right-of--Way line, a distance
of 53.00 feet to a point on said centerline of State
Road No. 703 and the northerly prolongation of
the bulkhead line as shown on said plat; thence
southerly and southwesterly, along said northerly
prolongation and said bulkhead line to its inter-
section with the easterly prolongation of the north
line of said Government Lot 8; thence continue
easterly along the same course, to a point in the
southerly extension of the line between Govern-
ment Lots 3 and 5 of said Section 4, as shown oa
Plat of Seminole Beach recorded in Plat Book 22,
page 37, Public Records of Palm Beach County,
Florida; thence southerly, along said southerly
extension to a point in the westerly extension of
the north line of Section 10 of said lbwaship and
Range; thence easterly, along said westerly ezten-
sion of the north line of said Section 10 and along
the north line of said Section 10; to the waters of
Lake Worth; thence southerly, along the waters of
Lake Worth, to the south line of the Marshall
Morton Estates, according to the Replat thereof
recorded in Plat Book 24, page 1, Public Records
of Palm Beach County, Florida; thence easterly,
along the south line of said Marshall Mortua
Estates, to the east boundary of said Marshall
Morton Estates at the waters of a lagoon; thence
northerly, along the easterly boundary of said
Marshall Morton Estates and along the waters of
said lagoon, to the north line of said Section 10;
thence easterly, along the north line of said Sec-
tion 10, to the waters of the Atlantic Ocean;
thence southerly, along the waters of the Atlantic
Ocean, to a point in a line parallel to, and 8,000
feet southerly from, measured at right angles to,
the north line of said Section 10; thence westerly,
along said pazallel line, to a point in the westerly
boundary of the submerged ]and area conveyed by
the'lYustees of the Internal Improvement Fund of
the State of Florida, to Lake Worth Realty Com-
pany, aFlorida corporation, by 7}ustees' Deed No.
17,146, recorded in Deed Book 205, page 82,
Public Records of Palm Beach County, Florida;
thence southerly, along said westerly boundary to
a point in the easterly extension of the south line
of Government Lot 1 of said Section 21, thence
Supp. No. l2
CHARTER
§:
westerly, along said easterly extension across
Lake Worth to the point of beginning, at thc
waters edge on the west shore of said Lake Worth
And a tract of land in Lots 3.and 9 of a subdivisio:
of Government Lot 8, Section 4, 7bwnship 4c
South, Range 43 East, Palm Beach County,.Flor-
ida, according to the Plat thereof, recorded in Plat
Book 18, page 4, Public Records of Palm Beach
County, Florida, said tract of land being mor,
particularly described as follows:
Begin at the point of intersection of the nort?
right-of-way line of McLaren Road with the ens.
right-of-way line of Ellison-Wilson Road, sail
Point being the southwest corner of I.ot 3; thence
run N'8-04'-10".-W along the east right-of-way
line of Ellison-Wilson Road 303.89 feet to the
northwest corner of the said Lot 3; thence run
S•89°-54'•29"-E, along the north line of Lot 3 a
distance of 7.01 feet thence run North 03°-04'-10"
west a distance of 303.93 feet, thence run North
89°-49'-50" West a distance of 7.01 feet, thence
run North 03°-04'-10" West a distance of 125 feet
,thence run South 89°-49'-50" East a distance of
620 feet, thence run North 03°-04'-10" West a
distance of 125.20 feet, thence run South 89°-49'-
50" east a distance of 125.06 feet, thence run
South 0°-12'-26" West a distance of 74.91 feet,
thence run South 23°-48'-04" East 248.69 feet,
thence run South 89°-54'-29" East a distance of
14.89 feet; thence run south 190.18 feet; thence
run easterly parallel with the north line of Lot 4 a
distance of 50 feet, thence southerly parallel to
the west line of Lot 4 a'distance of ]12.41 feet to
a point in the north right-of--way line of McLaren
Road; thence run west along the north right-of-
wayline of McLaren Road, 727.33 feet to the point
of beginning,
And a tract of land described as follows: A parcel
of land lying in Section 5, 4bwnship 42 South,
Range 43 East, Palm Beach County, Florida, and
being more particularly described as follows:
771st part of the North Half (N 1/z) of the South
Half(S 1/z) of the Southeast Quarter (SEA/.) ofsaid
Section 5 lying westerly of the V~'est Right-of--Way
line of the Intracoastal Waterway and lying East
oC the easterly Right-of--Way line of Prosperity
Farms Road, as shown in Road Plat $ook 2, pages
136 and 137;
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CHARTER
half of the southeast quarter of the southeast
quarter of said Section 5; thence North 88°-37'-
59" West along said South line a distance of
615.50 feet to the southwest corner of the North
165.00 feet of the South half of the southeast
quarter of the southeast quarter of said Section 6,
said point lying on the East line of said Plat of
Harbour Point Marina; thence North 00°-17'-18"
West along said plat line and the West line of the
North 165.00 feet of the South half of the south-
east quarter of the southeast quarter of said
Section b a distance of 165.07 feet to the POINT
OF BEGINNING.
TOGETHER WITH the following described par-
cel:
A parcel of land lying in the Southwest Quarter of
Section 17, Township 42 South, Range 43 East,
Palm Beach County, Florida, being more particu-
larly described as follows:
Begin at the Southeast corner of said Southwest
Quarter of Section 17; thence Northerly, along the
North-South quarter section line of said Section
17, a distance of 1748.3 feet, more or less, to a
point on the Easterly prolongation of the North
line of Lot 29, according to the Plat of Kelsey
Acres, as recorded in plat Book 22, page 16,
Public Records of Palm Beach County, Florida;
thence Westerly, along said prolongation and the
North line of Lot 16 and Lots 18 through 29, a
distance of 1446.5 feet more or less, to a point on
the Easterly right of way line of State Road
Alternate A-1-A, as recorded in Road Plat Book 6,
Page 180, Public Records of Palm Beach County,
Florida; thence Southerly along said Easterly
right of way line, a distance of 889.3 feet to a
point; thence Westerly, at right angles to the
preceding course, a distance of 106 feet to a point
on the Westerly right of way line of said State
Road Alternate A-1-A; thence Northerly, along
said right of way line, a distance of 100.00 feet,
more or less, to a point in the South line of that
ce-fain parcel described in Official Record Book
2bd5, Page 1178, Public Records of Palm Beach
County, Florida; thence Westerly, along said South
line, a distance of 282.8 feet, more or less, to a
point in the Easterly right of way line of the
Florida East Coast Railroad; thence Southerly,
along said Easterly right of way line, a distance of
Supp. No. 12
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983 feet, more or less, to a point in the South lin
of said Southwest Quarter of Section 17; thane
Easterly, along said South line, a distance of 109
feet, more or less, to said Southeast corner of the
Southwest Quarter and the Point of Beginning.
(Laws of Fla., Ch. 73-564, § 1; Ord. No. 03.95
2-9.95; Ord. No. 2496, 7-11.96; Ord. No. 33-96
8-22-96)
ARTICLE III. LEGISLATIVE
Section 1. Pillage council; powers and com-
position.
There shall be a village council with all legisla-
tive powers of the village vested therein consis'
ing of five (5) members who shall be electors of tl
village, who shall be elected by the electors of th,
village.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Election and terms.
Oa the second Zllesday in March of each year a
general election shall be held to elect members of
the village council. The selection of members of
the village council shall be by groups to be known
as Groups 1, 2, 3, 4 and 5. The councilmen in
Groups 1, 3 and 5 shall be elected in the even
years and councilmen in Groups 2 and 4 shall be
elected in the odd years. The term of office of a
councilman shall commence upon his election and
qualification and shall continue for two (2) years
thereafter and until his successor is elected and
qualified; provided, however, that the terms of
office of those councilmen whose terms expire in
March of 1981 and March of 1982 shall be short•
ened by a period of one week.
(Ord. No. 1-76, § 1, 2.19-76; Ord. No. 29-80, § 1,
10.9-80)
Section 3. Mayor.
The council shall elect from among its members
e mayor, a vice mayor, and a president pro tam to
serve at the pleasure of the council. Election of
the mayor, vice mayor and president pro tam shall
be done annually at the first (1st) regular council
meeting after the village election. The mayor
shall preside at meetings of the council, shall be
recognized as head of village government for all
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given an opportunity to be heard with his wit-
nesses. ]f upon such hearing the charges preferred
against such officer shall not be sustained by the
council, the officer shall be thereby immediately
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 changes against such suspended officer are
heazd and determined by the council.
(Ord. No. 1.76, § 1, 2.19.76)
Section 9. Compensation and ezpenses
The council may determine the annual salary
oC council members by ordinance, but no ordi-
Hance increasing such salary shall become effeo-
five until the date of commencement of the farms
of the council members elected at the next regular
election, provided that such election follows the
adoption of such ordinance by at least six (6)
months.
(Ord. No. 1.76, § 1, 2.19.76)
Section 5. Vacancies; forfeiture of office;
filling of vacancies.
(a) Vacancies. The office of a council member
shall become vacant upon his death, resignation,
removal from office in any manner authorized by
law or forfeiture of his office, such forfeiture to be
declared by the remainingmembers ofthe council.
(b) Forfeiture ojo~ce. A council member shall
forfeit his office it he lacks at any time during his
term of office any qualification for the office pre-
scribed by this charter or by law.
(c) Filling ojuacancies. A vacancy of the council
shall be filled in one of the following ways: (1) If
there are less than six (6) months remaining in
the unexpired term or if there are less than six (6)
months before the next regular village election,
the council by a majority vote of the remaining
members shall choose a successor to serve until
the newly elected council member is qualified. (2)
If there are more than six (6) months remaining
CHARTER
Art. 111, 4 6
in the unexpired term and no regular village elec-
tion is scheduled within six (6) months, the council
shall fill the vacancy on an interim basis as pro-
vided in (1), and shall schedule a special election
to be held not sooner than sixty (60) days, nor
more than ninety (90) days following the occur-
rence of the vacancy and if a runoff election is
necessary; it shall be scheduled one (1) week after
the special election. Notwithstandingsny quorum
requirements established herein, if at any time
the membership of the council is reduced to less
than a quorum, the remalning members may by
m$iority vote, appoint additional members under
either (1) or (2) above.
(d) Extraordinary vacancies. In the event that
all members of the council are removed by death,
disability, law or forfeiture of office, the governor
shall appoint an interim council that shall call a
special election as provided in (c) above and such
election shall be held in the same manner as the
first (1st) election under this charter.
(Ord. No. 1.76, § 1, 2-19.76)
Section 6. Prohibitions.
(a) Appointment and removals. Neither the
council nor any of its members shall in any manner
dictate the appointment or removal of any village
administrative officers or employees whom the
manager or any of his subordinates are empow-
ered to appoint, but the council may express its
views and fully and freely discuss with the man•
ager anything pertaining to appointment and re•
moval of such officers and employees.
(b) Interference with administration. Except for
the purpose of inquiries and investigations, the
council or its members shall deal with village of•
ficers and employees who are subject to the direc-
tion and supervision of the manager solely through
the manager, and neither the council nor its mem•
hers shall give orders to any such officer or em•
ployee, either publicly or privately. Nothing in
the loregoing is to be construed to prohibit indi•
vidual members of the council from closely scru-
tinizing by questions and personal observation,
all aspects of village government operations so as
to obtain independent information to assist the
members in the formulation of sound policies to
be considered by the council. It is the express in•
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CHARTER
dress to which all notices to the committee are to
be sent, and setting out in full the proposed ini-
tiative ordinance or citing the ordinance sought
to be rewnsidered.
Promptly after the affidavit of the petitioners'
committee is filed, the clerk or other official des•
ignated by the council may, at the committee's
request, issue the appropriate petition blanks to
the petitioners' committee at the committee's ex•
pense.
(c) Petitions.
(1) Dumber ojsignatures. Initiative and refer-
endum petitions must be signed by quali-
fied voters of the village equal in number
to at least fifteen percent (15%) of the total
number of qualified voters registered to vote
at the last regular village election.
(2) Form and content. All papers of a petition
shall be uniform in size and style and shall
be assembled as one instrument for filing.
Each signature shall be executed in ink or
indelible pencil and shall be followed by
the address of the person signing, petitions
shall contain or have attached thereto
throughout their circulation the full text of
the ordinance proposed or sought to be re-
considered.
(3) Ajfidauit of circulator. Each paper of a pe•
tition shall have attached to it when filed
an affidavit executed by the circulator
thereof stating that he personally circu-
lated the paper, the number of signatures
thereon, that all the signatures were af-
fixed in his presence, that he believes them
to be the genuine signature of the persons
whose names they purport to be and that
each signer had an opportunity before
signing to read the full text of the ordi• .
nance proposed or sought to be reconsid-
ered.
(4) Time for filing referendum petitions. Refer•
endum petitions must be filed within thirty
(30) days after adoption by the council of
the ordinance sought to be rewnsidered.
(d) Procedure (or filing.
(1) CertiCeate of clerk; nmendment. Within
twenty (20) days after the initiative peti•
An. III, 5 ]o
tion is filed and five (5) days fora refer-
endum petition, the village clerk or other
official designated by the council shall com•
plete s certificate as to its sufficiency, spec-
ifying, if it is insufficient, the particulars
wherein it is defective and shall promptly
send a copy of the certificete to the petition-
ers' committee by registered mail, Grounds
for insuffeciency are only those specified in
subsection (c). A petition certified insuffi•
cient for lack of the required number of
valid signatures may be amended once if
the petitioners' committee files a notice of
intention to amend it with the clerk or other
ollicisl designated by the council within two
(2) days after receiving the copy of the cer•
tircate and files a supplementary petition
upon additional papers within ten (10) days
after receiving the copy of such certificate.
Such supplementary petition shall comply
with the requirements of subsections (2) and
(3) of Section 10(c), and within five (5) days
after it is filed the clerk or other official
designated by the council shall complete a
certificate as to the sufficiency of the peti•
tion as amended and promptly send a copy
of such certificate to the petitioners' com•
mittee by registered mail as in the case of
an original petition. If a petition or amended
petition is certified sufficient, or if a peti-
tion or amended petition is certified insuf-
ficient and the petitioners' committee does
not elect to amend or request council re•
view under subsection (2) of this section
within the time required, the clerk or other
official designated by the council shall
promptly present his certificate to the
council and the certificate shall then be a
final determination as to the sufficiency of
the petition.
(2) Council review. If a petition has been cer- a qt
titied'insuflicient and the petitioners' com• e~tY
mittee does not file notice of intention to r
amend it or itan amended petition has been'p'~.*
certified insufficient, the committee may, `
within two (2) days after receiving the copy
of such certificate, Cile a request that it be
reviewed by the council. The council shall
review the certificate at its next meeting
CHARTER
Art. N, § 4
• dedicated or used !or pazks or recreational pur• ARTICLE IV. ADMINISTRATIVE
poses.
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(b) The limitation of power to dispose of prop-
erty shall embrace sale, exchange, lease, mort-
gage, pledge, or other encumbrance of such real
property; but shall not embrace abandonment, gift
or donation to a charity of such real property of-
ficially 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 ofi.he Village attached hereto and shown by
crosshatching thereon, together with the following
descriptions for the crosshatched areas: North
Palm Beach Community Center and Pazk, An-
chorage 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 struc-
tures on or upon Village owned real property that
exist as of the date of adoption of this Charter
Amendment; no [nor] shall this section apply to
the repair or reconstruction oC any such existing
structures; except that this section shall apply to
such structures in the event that said existing
structures shall be abandoned or officially deter-
mined to be of no further use to the Village.
(e) This section shall not apply to any disposi•
tion of Village owned real property, any improve-
ment ofsame by way of placing structures thereon,
or any ]ease of said real property by the Village if
the same is required by State or Federal law, or if
required by mandate of any agency or subdivision
or the State or Federal Government with jurisdic-
tion over the Village.
(n This section shall not apply to the construc-
tion of public utility structures, nor the place-
ment of underground utility structures including,
but not limited to, water mains, sewer lines, storm
water drainage and other utilities.
(g) This section shall not apply to the construc-
tion of structures deemed necessary by the Vil•
]age for public recreational purposes on Village
owned real property on which public recreational
structures exist as of the date of adoption of this
Charter Amendment.
(Ord. No. 11.86, § 1, 9.11.66)
Section 1. Village manager,
There shall be a village manager who shall be
the chief administrative officer of the village. The
manager shall be responsible to the council Cor
the administration of all village affairs placed in
his charge by or under this charter.
(Ord. No. 1.76, § 1, 2-19.76)
Section E. Appointment; removal; compensa•
tton [of manager).
(a) Appointment. The council shall appoint a vi]•
lage manager for an indefinite term by a majority
vote of all the council members.
(b) Removal. The council may remove the man•
agar by a mglority vote of all the council members
and the manager shall hold office at the pleasure
of the council.
(c) Compensation. The compensation of the man-
ager shall be Cixed by the council.
(Ord. No. 1.76, § 1, 2.19.76)
Section 3. Vacancy [in office of manager)
During any vacancy in the office of village man•
agar, the council may designate any competent
person, except the mayor or any member of the
council, to execute the functions of the office of
village manager.
(Ord. No. 1.76, § 1, 2.19.76)
Section 4. Acting village manager.
By letter Ciled with the council, the manager
ahal' designate, subject to approval otthe council,
a qualified village administrative officer to exer•
cise the powers and perform the duties of man-
ager during his temporary absence or disability.
Duringsuch absence or disability, the council may
revoke such designation at any time and appoint
another officer of the village to serve until the
manager shall return or his disability shall cease.'
(Ord. No. 1.76, § 1, 2.19.76)
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record shall be open to the inspection of all
interested persons at all reasonable times.
(q To furnish the council at any time such re-
ports, data and information as may be nec•
essary to fully inform it as to the affairs of
the village, furnishing it regularly with
such detailed reports of the village govern•
ment as may be necessary.
(Ord. No. I.76, § 1, 2.19.76)
ARTICLE V. QUALIFICATIONS AND
ELECTIONS
Section 1. Nonpartisan elections.
All qualifications and elections for the office of
village councilman shall be conducted on a non•
partisan basis without regard for or designation
of political party affiliation of any nominee on
any nomination petition or ballot.
(Ord. No. 1.76, § 1, 2.19.76)
Section 2. Qualifications.
Candidates for the office of village ceuncilman
shall qualify for such office by the filing of a
written notice of candidacy with the designated
official at such time and in such manner as may
be prescribed by ordinance.
(Ord. No. 1-?6, § 1, 2.19.76)
Section S. Form of ballots.
The council by ordinance shall prescribe the
form ofballot including the method for listing can•
didates for village council elections and any other
village election. A charter amendment to be voted
on by the village shall be presented for voting by
ballot title. The ballot title of a measure may differ
from its legal title a~_d shall be s clear, concise
statement describing ;.he substance of the mea•
sure without argument or prejudice. Below the
ballot title shall appear the following question:
"Shall the above described amendment be
adopted?" Immediately below such question shall
appear, in the following order, the words "for
approval" and also the words "against approval"
Kith a sufficient blank space thereafter for the
placing of the symbol "X" to indicate the voter's
CHARTER
Art. V, ; 6
choice or with a lever opposite "for approval" or
"against approval" if voting machines are used.
(Ord. No. 1.76, § 1, 2.19.76)
Section 4. General and runoff election.
Whenever a general or special election is held
to Cill any elective office in the Village of North
Palm Beach, the candidate receiving a majority of
the votes cast at such election to fill such office
shall be declared to be duly elected; provided that
in the event no candidate for a particular elective
office shall receive a majority of the votes cast at
such election to fill such office, then a runoff elec-
tion shall be held two weeks after the original
election to elect a candidate to fill such office; ~ro-
vided further that in such event only the names of
the two candidates having received the greatest
number of votes in the election for such oo5ce shall
be submitted to the voters and the one receiving
the majority number of votes in such runotT' elec-
tion shall be declared to be duly elected to such
office; provided further that should two or more
candidates receive an equal number of votes to
any such office, so that it cannot be determined
which two had received the greatest and the next
greatest number of votes, then the names of all
such candidates shall be submitted at the runoff
election and the candidate receiving the greatest
number of votes at such election shall be declared
elected to such office, regardless of whether such
candidate received a majority of the votes cast to
till such office at such runoff election.
(Ord. No. 1.76, § 1, 2-19.76)
Section 6. Unopposed candidates.
In the event not more than one (1) person qual-
ified as a candidate for a designated seat on the
village council to be filled at an election, that seat
shall not be listed on the regular village election
ballot: Each unopposed candidate shall be deemed
to have voted for himself.
(Ord. No. 1-76, § 1, 2.19.76)
Section 6. Recall.
The qualified voters of the village shall have
the power to recall and to remove from office any
1S
$600,000
• VILLAGE OF NORTH PALM BEACH, FLORIDA
PROMISSORY NOTE
We, the undersigned Mayor (the "Mayor") and Village Clerk ("Clerk") of the Village of
North Palm Beach, Florida (the "Issuer"), DO HEREBY CERTIFY as follows:
1. We are the qualified and acting Mayor and Village Clerk of the Issuer.
2. All of the members of the Village Council have duly filed their oaths of office and
_. such of them as are required by law to file bonds or undertakings have duly filed such bonds or
undertakings in the amount and manner required by law.
~ 3. The Mayor has signed the Issuer's $600,000 Promissory Note dated March 16,
1999 (the "Note") by his manual signature, and the manual signature appearing on the Note and
the manual signature at the end of this certificate are each the true and lawful signature of the
Mayor.
f 4. The seal of the Issuer was impressed upon the Note, and attested by the manual
signature of the Clerk. Such seal and signature appearing on the Note and the manual signature
of the Clerk and the impression of the seal of the Issuer at the end of this certificate constitute the
true and lawful seal of the Issuer and the signature of the Clerk, respectively.
5. The Note, as executed and delivered, is in the form approved by the Village
Council in Resolution = 99 (the "Resolution").
6. The Issuer has authorized by all necessary action the adoption and due performance
of the Resolution and the execution, delivery and due performance of the Note and, to the best of
our knowledge, any and all such other agreements and documents as may be required to be
executed, delivered and received by the Issuer to carry out, give effect to and consummate the
transactions contemplated by the Resolution.
7. No litigation is pending or, to our knowledge, threatened, in or before any agency,
court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the
Note or (ii) in any way contesting or affecting the validity of the Note, the Resolution or the
application of the proceeds of the Note, or (iii) contesting the power of the Issuer or any authority
for the issuance of the Note or the adoption of the Resolution or the approval, execution, validity,
or enforceability of any agreements with respect thereto, or (iv) contesting the tax-exempt status
• of interest on the Note.
8. No litigation is pending or, to our knowledge, threatened, (i) against the Issuer or
involving any of the property, assets or operations under the control of the Issuer which involves
• the possibility that a judgment or liability, not fully covered by insurance or adequate established
reserves, may be entered or imposed against the Issuer or which may result in any material
adverse change in the business, properties, assets or in the condition, financial or otherwise, of
the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect
upon the security provided for the Note pursuant to the Resolution..
9. No litigation is pending or, to our knowledge, threatened to contest the creation,
organization, existence or corporate powers of the Issuer, or of the Village Council, or the title
to office of its present members, or the members at any time material to the issuance of the Note,
- or of any other officer of the Issuer.
i
10. The execution, delivery, receipt and due performance of the Note and any other
agreements contemplated by the Resolution, under the circumstances contemplated thereby and
~ the Issuer's compliance with the provisions thereof (i) to the best of our knowledge will not
conflict with or constitute on the Issuer's part a breach of or a default under any existing
f constitutional provision, law, court or administrative regulation, decree or order or (ii) will not
conflict with or constitute on the Issuer's part a breach of or a default under any agreement,
indenture, bond, note, ]ease or other instrument to which the Issuer is subject or by which the
Issuer is or may be bound, and to the best of our knowledge no event has occurred and is
continuing which with the passage of time or the giving of notice, or both, would constitute a
default or event of default under any such instrument, nor will such execution, delivery, adoption,
i or compliance result in the creation or imposition of any lien, charge or other security interest or
encumbrance of any nature whatsoever upon any of the property or assets of the Issuer except as
provided by the Note and the Resolution.
11. The undersigned have not, and to the best of their knowledge no members of the
Village Council have, while meeting together with any other member or members of the Village
Council other than at public meetings of the Village Council, reached any conclusion as to the
actions taken by the Village Council with respect to the Resolution or the Note, the security
therefor, or the application of the proceeds therefrom, or any other material matters with respect
to the Resolution or the Note.
12. The undersigned do not, and to the best of their knowledge and belief no member
- of the Village Council does, have any employment or other relationship with Fidelity Federal
Savings Ban}: of Florida which would violate the provisions of Section 112.3143, Florida Statutes,
and each of the undersigned represents that the transaction contemplated by the Resolution will
not enure to his or her special private gain, or to the best of his or her knowledge, the special
private gain of another member of the Village Council, or the special private gain of a relative or
business associate of the undersigned or any other member of the Village Council, all as defined
in Section 112.3143, Florida Statutes, except as fully and fairly disclosed as required by Section
112.3143, Florida Statutes.
• 13. The Issuer has not been in default at any time afrer Deccrober 31, 1975 as to
principal or interest with respect to any obligations issued or guaranteed by the Issuer or a
predecessor of the Issuer.
• 14. The Issuer hereby certifies that the interest rate on the Note does not exceed the
maximum rate permitted pursuant to Section 215.84, Florida Statutes.
15. The Issuer hereby certifies that one-half of the Pledged Revenues (as defined in
Resolution 8-97 of the Issuer) collected by the Issuer during the twenty-four months most recently
concluded are at least 1.5 times the maximum amount of principal and interest scheduled to be
made with respect to the Note and the Issuer's Promissory Note, dated January 31, 1997, payable
to First Union National Bank of Florida and in the original principal amount of $6,560,000.
-, IN WITNESS WHEREOF, we have hereunto set our hands and the official seal of the
Issuer, and have indicated our respective official titles, all as of the 16th day of March, 1999.
Cinno Min
~~ Mayor
~ Village Clerk
.1
(Official Seal)
_•
MOYLE, FLAI\'IGAN~ KATZ, KOLINS, RAYMOND &SHEEHAN, P.A.
ATTORNBYS AT LAW
625 North Flagler Drive - 9°' Floor •
West Palm Beach, Florida 33401-4025
P.O. Box 3888
West Pelm Beach, Florida 33402-3888
Telephone: (561)_659-7500
Facsimile: (561) 659-1789 Other Ofl;ces:
)\laxx E. RAVMOKD Tallahassee, FL
Duect Line: (561) 822-0380 (850) 681-3828
E-mail: mraymond@moylelaw.com Palm Beach Gardens, FL
(561) 625-6480
.~
March 11, 1999
Division of Bond Finance
State Board of Administration
P.O. Drawer 13300
Tallahassee, Florida 32317-3300
RE: Village of North Palm Beach, Florida
$600,000 Promissory Note
Ladies and Gentlemen:
Notice is hereby given of the impending issuance by Village of North Palm Beach, Florida
(the "Issuer") of the above-referenced Note (the "Note") in the estimated principal amount set forth
above. The Issuer expects to deliver the Note on or about March 16, 1999.
Sincerely,
MOYLE, FLANIGAN, KATZ,
KOLINS, RAYMOND &SHEEHAN, P.A.
~~~
Mark E. Raymond
MER/wp
•
G: W3531~1 W I cb~inj OxK7).vya
i
$600,000
VILLAGE OF NORTH PALM BEACH, FLORIDA
PROMISSORY NOTE
Fidelity Federal Savings Bank of Florida (the "Bank"), DOES HEREBY
ACKNOWLEDGE receipt from Village of North Palm Beach, Florida of the Village's Promissory
Note, dated Mazch 16, 1999, in the aggregate principal amount of $600,000.
DATED the 16th day of March, 1999.
FIDELITY FEDERAL SAVINGS BANK
~~ ~~~~
•
OF FLORIDA
MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND c4c SHEEHAN, P.A.
ATTORNEYS AT LA W
625 North Flagler Drive - 9'" Floor
• West Palm Beach, Florida 33401-4025
P.O. Box 3888
West Palm Beach, Florida 33402-3888
1 MARK E. RAYMOND
Duect Line: (561)822-0380
E-mail: mraymond@moylelaw,com
l
Division of Bond Finance
State Board of Administration
P.O. Drawer .13300
Tallahassee, Florida 32317-3300
Telephone: (561) 659-7500
Facsimile: (561) 659-1789
March 16, 1999
CFRTIFiF.D MAII,
RFTTJRN RF~`FIPT RFt7i1 STRD
RE: Village of North Palm Beach, Florida
$600,000 Promissory Note
Ladies and Gentlemen:
Other Offices:
Tallahassee, FL
(850)681-3828
' Palm Beach Gardens, FL
(561)625-6480
Enclosed herewith please find Form BF-2003/2004-B for the above-referenced fmancing.
No disclosure document was used for this financing. If you would like any further information
in regard to this matter, pease do not hesitate to call.
Very truly yours,
/%~7
Mark E. Raymond
MER/ash
u
STATE OF FLORIDA
• DIVISION OF BOND FINANCE
LOCAL BOND MONITORING SECTION
This form represents an update and compilation of the
SF2003, HF2004-A and SF2004-B forms.
* Bond information forms (BF2003) are required to be completed by local
~ governments pursuant to Chapter 19A-1.003, Florida Administrative Code
j (F.A.C.).
' * Bond Disclosure forms BF2004-A (Competitive Sale) Or BF2004-B (Negotiated
Sale) as required to be filed with the Division within 120 days of the
delivery of the issue pursuant to Sections 218.36 (1)(b)1 and
218.38 (1)(c)1, Florida Statutes (F.S.), respectively.
* Final Official Statements, if prepared, are required to be submitted
~ pursuant to Section 218.38(1), F.S.
j * Please complete all items applicable to the issuer as provided by the
Florida Statutes.
' PURSUANT TO SECTION 216.369, F.S., ISSUERS OF BOND ANTICIPATION NOTES ARE
i BXEMPT FROM THESE FILING REQUIREMENTS.
HF2003
: BOND INFORMATION FORM
PART I. ISSIIER INFORMATION
1. NAME OF GOVERNMENTAL UNIT: V;]lagE of No rh palm A arh Florid
2. MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER: 6n7 U--S---Hi9hwa
One
Y
Nor -
-
th Pa]m Aeach. F]nrida »4nA
i
3. COUNTY (IES) IN WHICH GOVERNMENTAL UNIT HAS NRISDICTION: palm Rgarh
4. TYPE OF ISSUER: COUNTY ~S CITY AUTHORITY
- INDEPENDENT SPECIAL DISTRICT DEPENDENT SPECIAL DISTRICT
- SPECIFY OTHER
PART II. BOND ISSUE INFORMATION
1. NAME OF BOND ISSUE:-Prnmiesnrv Note
- 2. AMOUNT ISSUED: $ 6nn nnn 3. AMOUNT AUTHORIZED: $ boo, pQO
4. DATED DATE: n3/~6/y.~ 5. SALE DATE: n3/76/~~ 6. DELIVERY DATE: o /76/ys
7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 766
- SPECIAL ACTS
OTHER
8. TYPE OF ISSUE:_GENERAL OBLIGATION -SPECIAL ASSESSMENT
SPECIAL
OBL -
IGATION
. ~x. REVENUE -COP (CERTIFICATE OF PARTICIPATION) -LEASE-PURCHASE
-BANK LOAN/LINE OF CREDIT
9. A. IS THIS A PRIVATE ACTIVITY BOND (PAB)? YES .~_ NO
B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? YES
• 2. IF YES, AMOUNT OF ALLOCATION: $ NO
10. SPECIFIC REVENUE(S) PLEDGED:
(1) PRINARY Franrhicp Fppg
(2 ) SECONDARY._PUb] i c Sp rv; ro Tax
(3) OTHER(S)
11. A. PURPOSE(S) OF THE ISSUE:
• (1) PRIMARY ,_Cdnital Fm inm n FxpEnditurpa
(2) SECONDARY
(3) OTHER(S)
B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING:
(1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALVE
(PRINCIPAL AMOUNT] OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT
REFUNDED.
(2) REFUNDED DEBT HAS BEEN:
-RETIRED OR _DEFERSED
(3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? -YES _p]p
• B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY? $
1 12. TYPE OF SALE: -COMPETITIVE BID -NEGOTIATED X_NEGOTIATED PRIVATE
PLACEMENT
13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST RATE USED TO STRUCTURE THE
BOND ISSUE:
' NET INTEREST COST RATE (NIC) 3_, QQ$ TRUE INTEREST COST RATE (TIC) $
CANADIAN INTEREST COST RATE (CIC) $ ARBITRAGE YIELD (ARBI) $
-~ SPECIFY OTHER:
' 19. INSURANCE/ENHANCEMENTS: _AGIC nr.!nAC _CGIC -CLIC _FGIC -FSA
-HUD _MBIA _NGM _LOC(LETTER OF CREDIT) SPECIFY OTHER
_X_NOT INSURfiD
• 15. RATING (S):_MOODY'S _S&P _FITCH _DUFF&PHELPS SPECIFY OTHER
_X_NOT RATED
" 16. DEBT SERVICE SCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE
" FOLLOWING INFORMATION:
MATURITY DATES (MO/DAY/YR)
' COUPON/INTEREST RATES
ANNUAL INTEREST PAYMENTS
PRINCIPAL (PAR VALUE) PAYMENTS
"j MANDATORY TERM AMORTIZATION
17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: M~ hP nrPnaid at any t'm,Q _~
in whole nr in Hart at nar
18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE
PURCHASER.
FitleliLy FPdg ral casings Aank of Florida
219_Datu ra ctrPpt
West Palm g~a ch Mori da 33401
19. PROVIDE THE NAME(S) AND ADDRESS(ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT
WHO ADVISED THE VNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE.
•
2
_ NO BOND COIINSEL _X_ NO FINANCIAL ADVISOR NO OTHER PROFESSIONALS
• BOND COUNSEL(S):
M.O_yley Fl_ a ~niadn._KatZ,~Lolinc, Ray~plyd b C_hpphan~P.A.
b~5 North Fla~er Trip nth Floor
Wesr Palm Aea h FT 77401
• FINANCIAL ADVISOR(S)/CONSULTANT(S):
i
OTHER PROFESSIONALS:
(:eorae+ Raldwin ~'yn~
City Attorney
330 Federa] Hiahwav
:t Lake Park. FL 77407
1 20. PAYING AGENT _~NO PAYING AGENT
21. REGISTRAR _}LNG REGISTRAR
~ 22. COMMENTS: None
-- PART III. RESPONDENT INFORMATION
FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT:
' Name and Title Mark F. Raymond R9nd oo ,n sel Phone s6i-A2~D3-SIl
Company -nQY-~ Flan_;yoal i, uar3 xolins.~avmond t Sheehan. P-A
j INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above):
_ Name and Title Phone
Company
Date Report Submitted 3/76/09
" HF2004-A and BF2004-8
Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND
7 ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159
PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES.
23. ANY FEE, BONUS, OR GRATUITY PAID SY ANY IINDSRWRITER OR FINANCIAL CONSULTANT,
IN CONNECTION WITH THE BUND ISSUE, TO ANY PERSON NOT RFQi77.LRiY Fp],PjyOYED oR
I ENGAGEDJiY SUCH UNDERWRITER OR CONSULTANT:
_2L NO FES, SONGS OR GRATUITY PAID SY IINDSRWRITSR OR FINANCIAL CONSULTANT
(1) COMPANY NAME
FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: _
(2) COMPANY NAME
FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED:
3
`1
I (3) COMPANY NAME
FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: ___
(4) COMPANY NAME
FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED:
,~ 24. ANY OTHER FEES PAID BY THS UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND
1 ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS:
NO FEES PAID BY ISSUER
(1) COMPANY NAME Mo :1 ~ Flanigan ~ Kolin R,y~rtnond & S
hp
h
P
FEE PAID: $3,-000.00 _
p
an
A
.SERVICE PROVIDED or FUNCTION SERVED: Rond Co ,nc l
., (2) COMPANY NAME
{
1 FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED:
(3) COMPANY NAME
FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED:
- (4) COMPANY NAME
~ FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED:
PLEASS PROVIDS THE SIGNATURE OF SITHER THS CHI EXSCUTIVS OFFICER THE
-' GOVSRNING BODY OF THE UNIT OF LOCAL GOVERNMENT THS GOVERNMENT FFICER
PRIMARILY RESPONSI8L8 FOR COORDINATING THS ISSII OF THE 8
NAME (Typed/Printed:): Gha ,ka xhgn_ SIGNATUR
TITLE:
Finance D~rerror
DATE: .-3./~6/ao
BF2004-8
ITEMS 25 AND 26 M[JST BS COMPLETED FOR ALL BONDS SOLD SY NEGOTIATSD SALE
25. MANAGEMENT FEE CHARGED BY UNDERWRITER: $ PER THOUSAND PAR VALUE
OR .
PRIVATE PLACEMENT FEE: $
_X_ NO MANAGEMENT FS8 OR PRIVATE PLACEMENT FS8
• 26. UNDERWRITER'S EXPECTED GROSS SPREAD; $ PER THOUSAND PAR VALUE.
..]C_ NO GROSS SPREAD
PART IV. RETURN THIS FORM AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED TO:
Courier Deliveries: Mailing Address:
Division of Bond Finance Division of Bond Finance
State Board of Administration State Board of Administration
1801 Hermitage Blvd., Suite 200 P.O. Drawer 13300
Tallahassee, FL 32308 Tallahassee, FL 32317-3300
Phone: 904/466-4782
FAX: 904/413-1315 REVISED Feb. 1997/bf 0304/
4
MRF2.10.1999 4:17PM FIDELITY FEDERAL LEGAL DEPT
AMORTIZATION SCHEDULE
N0. 131 P.2
Borrower: TM Villaps o1 North palm Beach, Florida Lender:
501 U.S. HIOh~Y N1
NORh Paim neaeh, FL 93408
Dl6bur6ement D6tsi March 18, 1999
Interact Rate; 3.990
Rap6ym6nt seh6tlul6: Inlwimem
Calculation hMthod: 96W360 AetuaAal
Pa moot
m
?
~
~1 Payment Intars6t -rlncip6l Remelnln0
Nu
ber D6
te Amount Pxld Peld 664neo
. 1
2 0¢16.1009 11,044.48 $001,6D 8,00288 600,997,02
3 Oyt&1989 11,084,48 1,94SA7 0,0/9A1 6Bt,e97.61
4 OY1b1898
07.16.1899 11,084.48
11A04.49 1,999.30
1A04
q 8,086.16
8
189
81 672,832,43
6
e
06.10.1998
Oe•16.1 386
11,064.46
ilAe4,4466 .
1,838.09
1,806.08 .
.
8,127.78
0.168.18 663,672.62
E54,6µ,83
s48
as6
67
~ 10.1M1088
11.16.1886 11,064.46
11
064Ae h6 6.41
107 6,987A7 .
.
606.164,60
8
12.16.1886 ,
17,084.48
1,711,16 6,181.41
8,012,80 W6,818.16
617,699,69
1999 TOTALS? 99,610.12 17,110.01 1$400.x1
10 01.18.2000 11,0&1.48 177859 8,288.00 808
913.60
11 0216.2000 11,084,48 1,746A8 9,918.00 ,
498
985.80
12
t3 03.16.2000
04.1&2000 11,064.48
11,064.48 1,40x.88
1
881.88 9,460.82
8
382
52 ,
489,534.88
ae0
t6246
14 05.16.2000 11,084.48 ,
- 1,6B6b1 ,
.
8,467.87 ,
470
884.49
15 06.18.2000 11,084.48 1,1117.18 9,447,29 .
481,237.20
16 07.18.2000 11,084,48 1,633.61 9,590.87 451
708.33
17
18 06.16.2000
00•ibOD00 11,084,48
11,O61AB
~ 1,851.09
1,810.30 0,612.49
0,648,18 ,
442.193.84
432.848.66
1B 10.11.2000 11iD44,44 1,4x8,61 0,4PBA2 429
022,74
20 11-16.2000 11,084+10 1,463.44 p,411,04 ,
418
411.70
21 12.16.2000 11,0/4,48 1,174.11 0,600,10 ,
403,721,01
100070TAh01 ill,f71,71 11,11611 111,11T,It -
22 Dt•1e•soD1 11,044.41 1,a11,is o,e77,xe oas,u
99a
23 02.1b2001 11,064.48 1,353.87 0,710,81 ,
384,933.84
24 03•ib2001 11,084,48 1,182.72 0,671,78 374
482.08
25
28 04.16.2001 11,084.48 1,286.69 8,777.89 ,
364,684.78
05.18.2001 11,064.48 181267 8,861.01 354,832.26
27 Ob18.2001 11,064.48 1.210.14 0,845.94 944,986.94
28
2B 07.16.2001 11,084.48 1,147.08 9.017.40 335,069.64
0&18.2001 11,064.48 1,151.24 8,973.24 925,158.30
30
31 09162001
b 11,084.48 1,117.78 0,947.30 316,208.00
32 10.1
2001 11,084.48 1,048.07 10,016.41 305,192.59
33 11.18.2001
12.18.2001 11,064.48
11,084.48 1,048b9
981A6 10,015.88
10,083.02 295,178.70
285,003.88
2001 T07ALS: 1x2,773,78 .14,144.68 118,828,13
94 01.7 B-2002 11,084.48 879,63 10,084.95 276,008.79
95 02.18.2002 11,084.48 Bµ.BB 10,118.60 264,888.13
96 OS•16.20,~2 11,084AB 82204 t0,242,µ 264,646.68
37 0418.2002 11,064.48 674.82 10,780.56 244,457.13
38 05.18.2002 11,064.48 81292 10,261.fi6 234,20.5.47
39 06.16-2002 11,084.48 804.68 10,258.70 223,945.88
40 07.16.2002 11,064.48 7µ.B2 10,978.84 213,626.112
41 08.18.2002 71 A64.48 733,98 10,930.40 203,28652
42 0918.2002 11,06{.48 488,49 70,966,118 192,929.33
43 10.16.2002 11,084,411 641AB 10,4?2,99 182,406.34
as 11.162002 11,os4.ae 627.oe 10,437.42 n2,06e.92
45 12.14.2002 11,064.48 a72,1x ,0,482.35 187,576.67
TOT/LLe: 142,77x.76 8,21864 121,417.11
S 07.18.2003 11,OB4A8 664,14 10,609,89 141,087,24
47 02-16.2003 11,084A8 b18.04 70,64S.µ 140,521,80
48 03.16200.9 11,064.48 !34,09 10,628,98 129,893.41
49 0418.2009 11,064A8 448.28 10,618.18 118,275.22
60 05.16.2003 11,064,48 x98,44 10,667.88 108,607.x3
61 06.18.2003 11,064.48 S73.ie 10,681.92 97,916.01
42 07.18.2003 11,064.48 925.87 10,738.91 87,177.10
a3 D616.2003 11,064.48 200.63 10,784.95 76,41215
54 091E2003 11,044.48 262.64 10,801.94 65,610.21
MAR. 10.1999 4:iBPM FIDELITY FEDERRL. LEGAL DEPT
N0.131 P.3
AMORTIZATION SCHEDULE Page 2
(Continuscq
66
58 10.162003
11.162003 71,06/.48 418,16
11.004.40 1bE
10 10,84653
10
876
32 64,7&9.88
b7
12.162003 .
11,084.48 145.63 ,
,
10.91 B.6b 43,887b8
32,089.01
2003 TOTALS? 192,77a,70 4,100.20 128,007,66
66
~. 59 07.162004
02.10.2004 11,064.48 113,28
084
11
48 7b
8b 70,951.20 22,017.61
so
o3•to-2oo4 .
,
.
1t,o6a,4a as.so 1D,9B8.89
1t,o26.se 11,028.90
o.oo
2ooa ror~LS: aa,19a,44 224,4a a2,989,01
raraLS: aea,eae,eo 6a,e6a,ao 600,000.00
NOTICt:t Thli If ~ atlimaod lopn ~modlsratwn
?n dl(Ienm dnu er h {IIR~nnt amounts.
•
MOYLE~ FLANIGAN~ KATZ~ KOLINS~ RAYMOND & SHEEHAN~ P.A.
ATTORNEYS AT LA W
r~
~~
j
]HARK E. RAVMO~D
Direct Line: (561) 822-0380
E-mail: mraymond@moylelaw.com
Internal Revenue Service Center
~ Philadelphia, Pennsylvania 19255
Telephone: (561)659-7500
Facsimile: (561) 659.1789
March 16, 1999
t
RE: $600,000 Village of North Palm Beach, Florida, Promissory Note
Dear Sir/Madam:
Other Offices:
Tallahassee, FL
(850)681-3828
Palm Beach Gardens, FL
(561) 625-6480
- Enclosed please find Form 8038-G which relates to the above-referenced note. Please
acknowledge your receipt of the enclosed by stamping the copy of the form included herewith, and
return the stamped copy to us in the enclosed envelope.
-- MOYLE, FLANIGAN, KATZ,
KOLINS, RAYMOND & SHEEHAN, P.A.
MER/ash By.
Mark .Raymond
Enclosure
625 North Flagler Drive - 9'" Floor
West Palm Beach, Florida 33401-4025
P.O. Box 3888
West Palm Beach, Florida 33402-3888
u
l
e
.
-~
F,m, 8038.~t InF:-mation Return for Taz-Exempt Governmental Obligations
- Und•r Int•rrol Rw•nu• Cod• welbn f•sp) ouB Ne ,su.m7o
Fi•v. Wy 1pD5) - a•• wpent• InsDVttbrr.
Ds++•+t Y t., Tw.ry
.....~ w•..,. s..... Mote: us. Fo~n aD38QC Nw »•u• pnn s urori100,000J
' • RlDDrti:•J AVth L. tty HRmerHlatl Aerur., ,+...~ w...
7 M•Wf'• naro _
-4illage of No?-f~h Palm tiAarh Florida
~ HURIDY era Ww; (x P.O. Dot H rn•Y Y not mtnrod to sVwt a: K•)
501 tt.S. High One
i Crty, town, or poc; otfiu. •w•, and 21P cod•
__Ncrth Palm Beach, FL 33408
7 Harr of fcw•
Note
p ^ Educotion (attach s~sdul-sw Instructions) , ,
I 10 ^ Heal:. and hospittl ktuch s~vfuN-e•a hstruetlons).
12 ^ PVbli: talety, ~ '
' 13 ^ fsvtonmru (ht:Wdinp sewmp• bonds)
15 ^ Utilities ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '
td ®OC,sr. Dsa171De kw FutNMions) - ~r- ri nua railita] exe»nclitureG
17 H oDGpationc a•e tax a other revanw anuc:patitNl bonds, ohrk Doz - ^
eWVntyl WY IYMYMII•Y~ YM W~t• I aYYd
tp t11V maMlty,
TI u.n1RIJLYOn MTD•f
.7984
R•;,ut n~-rpw
:ts 99 - 1
e
t CUSIP nJmDr
None
Yatl I NN nunet
' 21 Proewds aced 1x :avetl interas~ - - - - - - ~ t
22 Issue prig of entia ksue (enter amount hom~llne 20, cotrmn (c)) , ~ ~ ~ ~ ~ ~ ~ 22 0 000
i3 Procesdt used for bond ksuanea tOfts (In: L•xiv,p underw:eas' sps: cunt) ~ • 3 •~ /
i : Procrods used fa cedll anhanoanenl . e
2S Propedt allo:.Ced to rauonaDy re~,ired ras;_y or rtert tuts b
26 Proeesds used to smartly reftnTd prior asues t+
27 Procestk used to advance ntund prior ksues ~ ~ ~ ~ Y7
, 28 Total (add Ines 23 tlvouph 27) ~ ~ ~ ~ 2c 2 000
r 20_ NonreNnd'no tzoeeeds of the hsue (subtract line 28 hom linr 22 end enter emount~he•e), ~ 2g
.: Lg.L OeccnpUOn of P.etunded Bonds IComolete thla Dart only for refundi v bonds 1
90 raster C» ranaitinp weiphtsd awrapa tna4sHy of the bands to De cunenty nttr,dsd , - __ _ yice•s
- 31 ;.,!er rase nmaininp weipnted wsrope mtlYrHy o1 the bonds to b advanee retunds0 , - - veers
t:2 FJtter the ksl date on whits the rsl~c,ded bd'ndc wpl b called , ~ , -
- t3~3 Entre-r the detdsl the refunded bonds wr. a k: red - ~ ~ ~ ~ ' .
~!. ~'~scellaneous
t11 EiL hs mount of the rata volume cap .^.Ib:etsd to t,s asue trader aectior: 1<t(D)(S) 3c
35 EnleD»armu~to'1MDandsdes;pnetedDythtuauKUndreeetim265(b)(!)(B)~plp(sndllwa~*-eplion) 35 60 ~)-
03a EMa• the a'rouM o! pros Drtr.•edt tnr eted a to be Mvx1d h a ptut:t W. hves7nnt DPn7st (r•e iT.. v:1iDnL) 36e
• D Faster the firul menirity dote of ;.: pus•snued hvestmant eanveat , - %/ %//%////%///%///%i
ST Pooled fnarinps; a Rr_esds of Lase itsu '!rC as to be uae"_ to crake bane to otlrr pave~urontt' uN's 37t _
b H the asw k a ben made tom the p~odeeds of anot.a tax~exampt Issue, a,e^..: box - ^ a•,d enter the name of t.e
rsua - an: Lase dsq o! the trre -
tiD H the aver has eucted to pry a panctty t^^. '.w of arbtbspa cabs' tlu~ok bDx -
• 30 H the as.fer r r. tifietl a hedge, Mrk t':z , w_ / - .l~ _ L
• 'J• > vr. I prry•Y, I Wa.~ WI 1 M0 flVlfaC•~~ ~ YO •:plrY..g1,11p \'.MO1•t W NVArnY. /.. b LY D -it Or Ty 40,-..' ; e
•n-: Dart, I Y 7 tae. •wntt. •b tr/K...».
Please
Sig;l I / 3/16 /9D Shau};at }:hen
Here ~ •-~ Finance Director„_._~_.-
_ a~7Y1/1 ~~ w'/ •W: •Y•d r•Y•YnYWe GY ~ tY.`. r Dnnl ry„.f •K DU.
for Paperwork Fsduet'on L:t Noti a, aw papt 1 of the In:trut:tiona Gt No. sa»as rf~n F07F.(i-iz,,,. s.yl
e M,/O M.M1rIe.Ir
$600,000
VILLAGE OF NORTH PALM BEACH, FLORIDA
PROMISSORY NOTE
March 16, 1999
Village of North Palm Beach, Florida
North Palm Beach, FL
Moyle, Flanigan, Katz
Kolins, Raymond & Sheehan, P.A.
West Palm Beach, FL
Ladies and Gentlemen:
In connection with the purchase of the $600,000 aggregate principal amount Village of
North Palm Beach, Florida (the "Issuer"), Promissory Note, dated March 16, 1999 (the "Note")
authorized to be issued by a resolution of the Issuer adopted March 11, 1999 (the "Resolution"),
the undersigned purchaser of the Note (the "Original Purchaser"), hereby acknowledges and
represents that: (i) the Original Purchaser is familiaz with the Issuer; (ii) the Original Purchaser
has been furnished certain business and financial information about the Issuer; (iii) the Issuer has
made available to the Original Purchaser the opportunity to obtain additional information to verify
the accuracy of the information supplied and to evaluate the merits and risks of an investment in
the Note; and (iv) the Original Purchaser has had the opportunity to ask questions of and receive
answers from representatives of the Issuer concerning the terms and conditions of the offering and
the information supplied to the Original Purchaser.
The undersigned acknowledges and represents that it has been advised that the Note has
not been registered under the Securities Act of 1933, as amended, in reliance upon the exemption
contained in Section 3(a)(2) thereof, and that the Issuer is not presently registered under Section
12 of the Securities and Exchange Act of 1934, as amended. The Original Purchaser, therefore,
realizes that if and when the Original Purchaser wishes to resell the Note there may not be
available current business and fmancia] information about the Issuer. Further, no trading market
now exists for the Note. Accordingly, the Original Purchaser understands that it may need to bear
the risks of this investment for an indefinite time, since any sale prior to the maturity of the Note
may not be possible or may be at a price below that which the Original Purchaser is paying for
• the Note.
It is understood that the Original Purchaser has had the opportunity to verify the accuracy,
completeness and truth of any statements made concerning any of the material facts relating to this
transaction, including information regarding the business and financial condition of the Issuer.
J
i
The Original Purchaser has conducted its own investigation to the extent it deemed necessary. The
Original Purchaser has been offered an opportunity to have ~.tade available to it any and all such
information it might request from the Issuer. On this basis, it is agreed by acknowledgment of this
letter that the Original Purchaser hereto is not relying on any party or person other than the Issuer
to undertake the furnishing or verification of information relating to this transaction.
Pursuant to the provisions of subsection (6) of Section 218.385, Florida Statutes, as
amended, the Original Purchaser is providing the following information with respect to the
arrangements made for the purchase of the Note. We represent to you as follows:
(a) The nature and estimated amounts of expenses to be incurred by the Original
Purchaser in connection with the issuance and sale of the Note is $500.00.
(b) There were no "finders," as defined in Section 218.386, Florida Statutes, as
amended, in connection with the issuance of the Note.
(c) No discount or fee is expected to be realized by the Original Purchaser.
(d) No management fee will be chazged by the Original Purchaser.
(e) No fee, bonus or other compensation will be paid by the Original Purchaser in
connection with the issuance of the Note to any person not regulaz]y employed or
retained by the Original Purchaser.
(f) The name and address of the Original Purchaser is:
Fidelity Federal Savings Bank of Florida
218 Datura Street
West Palm Beach, FL 33401
i
4
(g) The Village is proposing to issue $600,000 of debt for the purpose of financing
various capital expenditures. This debt is expected to be repaid over a period of
approximately 5 years. Total interest paid over the life of the debt will be
approximately $63,868.80. The sources of repayment or security for the Note are
franchise fees and public service taxes levied by the Issuer. Authorizing this debt
could result in approximately $663,868.80 of franchise fees and public service
taxes of the Issuer not being available for other uses by the Issuer.
Very truly yours,
BANK OF FLORIDA
•
BY~ ~ ~ ~ ~1 ~-1QV,n~~'~jl'I
2
MOYLE, FLANIGAN, KATZ~ KOLINSs RAYMOND & SHEEHANs P.A.
~ ATTORNEYS AT LAW
I
625 North Flagler Drive - 9'" Floor
West Palm Beach, Florida 33401-4025
• P.O. Box 3888
West Palm Beach, Flozida 33402-3888
MARK E. RAYMOnD
Duect Line: (561) 522-0380
E-mail: mraymond@moylelaw.com
'l
J
-,
u
Village of North Palm Beach
North Palm Beach, Florida
Telephone: (561)659-7500
Facsimile: (561) 659-1789
March 16, 1999
Fidelity Federal Savings Bank of Florida
West Palm Beach, Florida
RE: $600,000 Village of North Palm Beach, Florida Promissory Note
dated March 16, 1999
Ladies and Gentlemen:
Other Offices:
Tallahassee, FL
(850)681-3828
Palm Beach Gardens, FL
(561) 625-6480
We have acted as bond counsel in connection with the issuance and sale by the Village of
North Palm Beach, Florida (the "Issuer") of its $600,000 aggregate principal amount Promissory
Note dated March 16, 1999 (the "Note"). The Note is issued pursuant to the Constitution and
Laws of the State of Florida, including particularly Article VIII, Section 2 of the Florida
Constitution, Chapter 166, Florida Statutes, the Charter of the Issuer and a resolution adopted by
the Issuer Mazch 11, 1999 (the "Resolution"). All terms used herein in capitalized form and not
otherwise defined herein shall have the meanings ascribed thereto in the Resolution.
In rendering the opinions set forth herein, we have examined the Resolution and other
certifications, agreements, documents and opinions of public officials and other officers and
representatives of the various parties participating in this transaction.
As to questions of fact material to our opinion we have relied upon representations of the
Issuer contained in the Resolution, and upon other certifications, agreements, documents, and
opinions of public officials and other officers and representatives of the various parties
participating in this transaction, furnished to us, without undertaking to verify the same by
independent investigation. We have assumed the genuineness of all signatures on all documents
and instruments, the authenticity of documents submitted as originals and the conformity to
originals of documents submitted as copies.
This opinion shall not be deemed or treated as an offering circular, prospectus or official
statement, and is hot intended in any way to be a disclosure document used in connection with the
Fidelity Federal Savings Bank of Florida
March 16, 1999
i Page 2
• sale or delivery of the Note.
The opinions set forth below are expressly limited to, and we opine only with respect to,
the laws of the State of Florida and the federal income tax laws of the United States of America.
Based upon and subject to the foregoing, we are of the opinion as of the date hereof and
under existing law, as follows:
I. The Issuer is duly created and validly existing as a municipality pursuant to the
Constitution and Laws of the State of Florida, with the power to adopt the Resolution, perform
its obligations thereunder and to issue the Note.
`' 2. The Resolution has been duly adopted by the Issuer and constitutes the valid and
binding action of the Issuer. The Note has been duly authorized and executed by the Issuer and
constitutes a valid and binding obligation of the Issuer enforceable against the Issuer in accordance
with its terms, payable solely from the sources provided therefor in the Resolution.
1 3. The interest on the Note is excludable from the gross income of the owner thereof
for federal income tax purposes and is not an item of tax preference described in Section 57 of the
1 Code for purposes of the federal alternative minimum tax imposed on individuals and
_~ corporations. Such interest may be required to be taken into account in determining adjusted
current earnings for purposes of calculating the alternative minimum taxable income of certain
I corporations. The opinions expressed in the first sentence of this paragraph are conditioned upon
- continuing compliance subsequent to the issuance of the Note by the Issuer with vazious covenants
_ contained in the Resolution, including, without limitation, its covenant to comply with applicable
j requirements of the Code necessary in order to preserve the exclusion of interest on the Note from
' gross income for federal income tax purposes. Failure by the Issuer to comply with such
requirements could cause the interest on the Note to be includable in gross income for federal
income tax purposes retroactive to the date of issuance of the Note. No opinion is expressed
' herein regarding other federal tax consequences that may azise due to ownership of the Note.
_~ 4. The Note is exempt from all present intangible personal property taxes imposed by
the State of Florida.
5. The Note is a "qualified tax-exempt obligation" within the meaning of Section 265
of the Code.
Our opinions expressed herein are predicated upon present laws and interpretations thereof.
We assume no affirmative obligation with respect to any change of circumstances or law (including
laws that may result from legislation pending before Congress) that may adversely affect the
-~ tax-exempt status of interest on the Note after the date hereof.
It is to be understood that the rights of owners of the Note and the enforceability of the
' . Note and the other documents referred to herein may be subject to the provisions of the bankruptcy
laws of the United States of America and to other applicable bankruptcy, insolvency,
Fidelity Federal Savings Bank of Florida
March 16, 1999
Page 3
• reorganization, moratorium, or similar laws relating to or affecting creditors' rights, and that their
enforcement may also be subject to equitable principles that may affect remedies or other equitable
relief.
Very truly~yours~,
•
•
1
GCOgGE W. BALOWIN
- GEOnG! WA13f11 6AlDWIN. JA.
March 16, 1999
j Mayor and Village Council
I Village Hall
-' 501 U.S. Highway One
North Palm Beach, FL 33408
TELEPHONE (601) Sd5.1700
FACSIMILE (501) OdZ•154a
I Fidelity Federal Savings Bank of Florida
_ West Palm Beach, Florida 33401
Moyle, Flanigan, Katz, Kolins,
Raymond 8 Sheehan, P.A. Law Firm
West Palm Beach, FL 33401-4025
Re: 5800,000 Village of North Palm
Beach, Florida, Promissory Note
~ dated March 16, 1999
Ladies and Gentlemen:
:~lH~%laf:?
.. 2
WIIIIAM SdA NI
qFI YIFD
C SI A.ql E3 M. DIG 011
0<GO UA3A
I have acted as Village Attorney for the Village of North Palm Beach, Florida
' (the "Village") in connection with the $600,000.00 Note from the Village of North
Palm Beach, Florida, dated March 16, 1999, and payable to the order of Fidelity
Federal Savings Bank of Florida or registered assigns. In such capacity, I have
_.. examined the following:
I a. Resolution No. 18-99 adopted by the Village Council on March 11, 1999,
authorizing the issuance of a Note in principal amount of 5600,000.00 to finance
various capital expenditures (the "Resolution");
b. The Charter of the Village of North Palm Beach, as amended (the "Charter"),
and Chapter 166, Florida Statutes, as amended; and
c. Such other documents, certificates, records and proceedings as I have
considered necessary to enable us to render this opinion.
Based on such Examinations, I am of the opinion that:
- • 1, The Resolution has been duly adopted and no further action of the Village of
North Palm Beach is required to authorize the execution and delivery of the Note
_~,4? A`iD EALDiN?~ FAX 'i0.
LAW OFFICES
GRANT AND BALD WIN
SSO Ff OERAL HIGHWAY
IAKE PARK. FLORIDA SJ40J
The Mayor and Village Council
Village of North Palm Beach
Fidelity Federal Savings Bank of Florida
Moyle, Flanigan Katz et al, P. A.
specified herein. The Resolution constitutes the legal, valid and binding
obligation of the Village, enforceable in accordance with its terms, except as
enforcement may be limited by applicable bankruptcy, insolvency, reorganization,
j moratorium or other laws relating to or affecting craditor's rights generally or
J by general principles of equity.
2. The adoption of the Resolution and compliance with the provisions thereof,
~ under the circumstances contemplated thereby, are permitted under the provisions
of the Charter and, to the best of my knowledge without undertaking any
independent research, do not and will not in any way constitute a breach or
default under any agreement or other instrument to which the Village is a party
or any existing law, regulation, court order or consent decree to which the
Village is subject.
__
i
,
3. The ordinances and Resolution authorizing the Franchise Fee and Public
Service Tax, as referred to in the definition of "pledged revenues" of the
Resolution, have been duly adopted and are in full force and effect. The Village
is iawfully empowered to pledge and has pledged the Pledged Revenues to the
payment of the Note, as defined in and as described in the Resolution.
4. To the best of my knowledge, there is no action, suit, proceeding or
investigation at law or in equity before or by any court, public board or body,
vending or threatened against or affecting the Village, wherein an unfavorable
decision, ruling or finding would materially adversely affect the Village's
obligation under the Resolution, or adversely affect the validity of the Note or
the security therefor.
ry truly yours/% v
f ~'~~'/
E RGE B OW1N
Villag Attorney
GWB:msb
•
.~
March 16, 1999
VILLAGE OF NORTH PALM BEACH, FLORIDA
PROMISSORY NOTE
$600,000.00
1 KNOW ALL MEN BY THESE PRESENTS that Village of North Palm Beach, Florida
(the "Issuer"), a municipal corporation created and existing pursuant to the Constitution and the
laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to the order of Fidelity Federal Savings Bank of Florida or registered assigns
(hereinafter, the "Owner"), the principal sum of $600,000.00, together with interest on the
1 principal balance outstanding at the rate per annum of 3.99% (hereinafter defined) (as the same
may be adjusted) based upon a year of 360 days for the actual number of days elapsed. The
interest rate on this Note may be adjusted as hereinafter provided.
The interest rate otherwise borne by this Note shall also be adjusted as follows:
(a) Change in Maximum Corporate Tax Rate: If the Maximum Corporate Tax Rate
(hereinafter defined) decreases from 35%, the interest rate otherwise borne by this Note shall be
increased to the product obtained by multiplying the interest rate otherwise borne by this Note by
a fraction, the numerator of which is 1 minus the Maximum Corporate Tax Rate as increased and
the denominator of which is .65.
(b) Event of Taxability: If for any reason, the interest on this Note shall become includable
for federal income tax purposes in the gross income of the Owner (a "determination of taxability"),
then the interest rate otherwise borne by this Note shall be increased by multiplying such interest
' rate by a fraction, the numerator of which is 1 and the denominator of which is 1 minus the
Maximum Corporate Tax Rate, effective as of the earliest date on which interest on this Note
becomes includable in the gross income of the Owner. In addition, upon the occurrence of a
determination of taxability the Issuer will pay any penalty, interest or addition to tax imposed upon
the Owner as a result of the Owner's failure to include interest received on the Note in gross
income for federal income tax purposes. All such additional interest, penalties, interest and
additions to tax shall be due and payable on the next date upon which interest is payable on this
Note. This adju. anent shall survive payment of this Note until such time as the federal statute of
limitations under which the interest on this Note could be declazed taxable under the Internal
Revenue Code shall have expired.
As used herein the term "Maximum Corporate Tax Rate" shall mean the highest marginal
[ax rate applicable to the taxable income of corporations without regard to any increase in tax
• designed to normalize the rate for all income at the highest marginal tax rate, which on the date
hereof is .35.
'i
Principal of and interest on this Note are payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer in writing, in the following
manner:
~ Principal of and interest on this Note shall be payable in equal monthly installments of
$11,064.48 due and payable on April 16, 1999 and on the 16th day of each month thereafter to
and including the maturity date of this Note provided, however, that on March 16, 2004 the entire
f unpaid principal balance hereof, together with all accrued and unpaid interest thereon, shall be
~ unconditionally due and payable in full.
If any date for the payment of principal and interest hereon shall fall on a day which is not
a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date
shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive
credit for the payment until it is actually made.
The principal of and interest on this Note may be prepaid at the option of the Issuer in
whole or in part at any time, and from any funds lawfully available for such purpose. All
payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other
"~ chazges due the Owner, and the balance thereof shall apply to the principal sum due, and shall be
credited against the principal installments due hereunder in inverse order of their due dates. There
shall be no prepayment premium.
- In case of a default in the payment of principal or interest hereon, unless such failure is
cured within ten (10) days after written notice thereof by the Owner to the Issuer, the Owner may
declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any
such default and acceleration, the Issuer shall also be obligated to pay as part of the indebtedness
evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable
attorneys' fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws
as they now or hereafter exist, including specifically but without limitation, claims, disputes, and
proceedings seeking adequate protection or relief from the automatic stay.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
To the extent permitted by ]aw, the Issuer, and by its acceptance of this Note, the holder
hereof, waive trial by jury in any litigation commenced by either in respect of hereof or of the
Resolution.
THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIIvIITED INDEBTEDNESS
OF THE ISSUER AND THE FAITH AND CREDIT AND THE AD VALOREM TAXING
POWER OF THE ISSUER ARE NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON THIS NOTE. THE PRINCIPAL OF AND INTEREST ON THIS
•
2
NOTE ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES (AS DEFINED
IN THE RESOLUTION).
This Note is issued pursuant to Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, the Charter of the Issuer and Resolution _-99 duly
adopted by the Issuer on March 11, 1999, as from time to time amended and supplemented (herein
referred to as the "Resolution"), and is subject to all the terms and conditions of the Resolution.
~ All terms, conditions and provisions of the Resolution including without limitation remedies in the
event of default aze by this reference thereto incorporated herein as a part of this Note. This Note
represents the entire authorized issue of obligations of the Issuer pursuant to the Resolution.
Terms used herein in capitalized form and not otherwise defined herein shall have the meanings
ascribed thereto in the Resolution.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in the execution, delivery and the
issuance of this Note do exist, have happened and have been performed in due time, form and
manner as required by law, and that the issuance of this Note is in full compliance with and does
not exceed or violate any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Village of North Palm Beach, Florida has caused this Note
to be executed in its name by the manual signature of its Mayor and attested by the manual
signature of its Town Clerk, and its seal to be impressed hereon, all this 16th day of March, 1999.
[SEAL]
VILLAGE OF NORTH PALM BEACH,
FLORIDA
Attest:
~~
own Clerk
By
.~
yor
•
(Form for Transfer)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No. )the within Note of the
Village of North Palm Beach and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Note on the books for registration thereof, with
full power of substitution in the premises.
~ Dated
i
- In the presence of:
.!
NOTICE: The signature to this assignment must
correspond with the name as it appeazs upon the face of
the within Note in every particulaz, without alteration of
enlargement or any change whatever.
4