2002-37 Charter Amendment - Contracting ServicesORDINANCE 37-2002
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACf I, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE
VILLAGE CHARTER BY ADDING A SECTION 12 TO ARTICLE III, LEGISLATIVF„ TO
I'ROVIDfi THAT CONTRACTING OF VILLAGE SERVICES SHALL REQUIRE FOUR-FIFTHS
(415) APPROVAL OF THE VILLAGE COUNCIL AND APPROVAL OFTWO-THIRDS (2/3) OF
VILLAGE ELECTORS VOTING IN A REFERENDUM ELECTION; PROVIDING THAT THIS
ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE
VILLAG}; OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN
THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE
1'UBL,ISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE
DATIs OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER;
AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT.
WHEREAS, 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
WHIRI;AS, 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.
BE 17' ORllAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA:
Section 1. That Section 12, Contract of Village services; referendum required, is added to
Article ]II, Legislative, of the Village Charter and to read as follows:
"ARTICLE III. LEGISLATIVE
Section 12. Contracting of Village services; referendum required.
No contract or interlocal agreement shall be entered into between the Village and athird-
pariy public or private entity whereby the third party is to take over the management and
perform the duties and responsibilities ofeither the Public Safety Police, Fire or Emergency
Medical Services Divisions, the Public Services Department Administration, Building or
Sanitation Divisions, Finance Department, Recreation Department or Library unless the
proposed contract or interlocal agreement first receives afour-fifths vote of the Village
Council and the approval of two-thirds of the Village electors who vote in a referendum
• election called for and held as provided by law. This section is not intended nor shall it be
construed as a prohibition against the Village entering into contracts and interlocal
agreements with public or private entities for services and assistance within one or more of
the specified Village departments."
Section 2. This ordinance, upon adoption, shall be submitted to the electors of the Village of North
• Palm }3cach 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"
Add Charter provision that contracting management of certain Village services to third
parties shall require vote of the Village Council and approval of Village electors.
"EXPLANATORY STATEMENT"
Ordinance No. 37-2002 would prohibit contracting to third parties the management of the
Public Safety Police, Fire or Emergency Medical Services Divisions, the Public Services Department
Administration, Building, or Sanitation Divisions, Finance Department, Recreation Department or
library without afour-fifths vote of the Village Council and approval oftwo-thirds of the Village
electors at a referendum election.
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. ]f 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.
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 Charier with the Florida
Department of State.
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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.
PI,ACEU ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF DECEMBER, 2002.
(VILLAGE SEAT
A'I
VILLAGE CLERK
•