2002-36 Charter Amendment - Sale of PropertyORDINANCE 36-2002
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACI 1, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE
VILLAGE CHARTER BY AMENDING SECTION 11, SALE OF PROPERTY; REFERENDUM
REQUIRF,D, OF ARTICLE Ill, LEGISLATIVE, BY DELETING REFERENCES TO ENHANCF,
READABILITY OF SECTION 11; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION,
SHAI,I, BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH
AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A
NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCF. WITH
THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOK THE
I?FFECTIVIi DATE OF PROPOSED CHARTER AMENDMENT.
WIIIiR}iAS, Chapter 166, Florida Statutes, as amended, provides for charter amendments for
municipalities and authorizes the governing body of a municipality, by ordinance, to submit to the
electors of said municipality proposed amendments to its Charter; and
WI IEREAS, the Village Council is desirous of submitting the proposed amendment contained within
this ordinance to a vote of the electors at the March, 2003, election to be held within the Village.
I;}i IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
13EACH. FLORIDA:
Section 1. That Section 11, Sale of property; referendum required, of Article III, Legislative, of the
Village Charter is hereby amended to read as follows:
"ARTICLE III. LEGISLATIVE
Section 11. Sale of property; referendum required.
(a) Any disposition of village owned real property dedicated or used for parks or recreational
purposes within the corporate limits of the Village of North Palm Beach; improvements of same by
other than the village government by way of placing structures thereon; any lease of said real
property by the village as lessor for a period exceeding five (5) years shall first require afour-fiRhs
majority vote of the members of the Village Council and shall further require approval by vote of
66-2/3 percent of the Village electors who vote in a referendum election called and held as provided
• by law. This section shall apply to real property acquired by the Village subsequent to the date of
adoption of this charter, which real property is dedicated or used for parks or recreational purposes.
(b) The limitation of power to dispose of property shall embrace sale, exchange, lease,
• mortgage, pledge, or other encumbrance of such real property; but shall not embrace abandonment,
gift or donation to a charity of such real property officially determined to be of no further use to the
Village and of nominal sale value or no value.
(c) The parks or recreational property to which this section presently applies are depicted on
the map of the Village attached hereto and shown by crosshatching thereon, together with the
following descriptions for the crosshatched areas: North Palm Beach Community Center and Park,
Anchorage Park, Lakeside Park, Osborne Park, North Palm Beach Country Club, Village Marina
and Herb Watt Recreational Center."
Section 2. This ordinance, upon adoption, shall be submitted to the electors of the Village of North
Palm Beach at the March, 2003, election. The ballot title and explanatory statement of the
amendment shall be set forth as follows on the ballot for consideration by the qualified electors of
the Village of North Palm Beach, Florida:
"TITLE"
Enhancing readability of Charter provision that prohibits disposition of Village-owned real
property used for parks or recreation without required vote of Council and approval by electors at
a referendum election.
"EXPLANATORY STATEMENT"
7'he Charter prohibits disposition of Village-owned property used for parks or recreation
without afour-fifths (4/5) vote of the Village Council and asixty-six and two-thirds (66-2/3%)
percent of Village electors at a referendum election. This ordinance is to delete references to
improvements and structures on such property and additional provisions to enhance its readability.
Shall the above-described amendment be adopted?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. The Village Clerk of the Village of North Palm Beach is authorized and directed to
advertise the referendum election in accordance with the State of Florida Election Code.
• Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
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Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
• Section 6. This Ordinance shall take effect immediately upon adoption.
Section 7. In the event of adoption by the electors as provided herein, the Village Clerk shall
incorporate the amendment into the Village Charter and shall file the revised Charter with the Florida
llepartment of State.
Section 8. The proposed Charter amendments shall take effect upon adoption by a majority of
electors voting in the referendum election.
PLACED ON FIRST READING THIS 21st DAY OF NOVEMBER, 2002.
P1,ACED ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF DECEMBER, 2002.
(VILLAGE SEAL)
ATTf:S7Gf~
VILLAGE CLERK
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