2002-38 Charter Amendment - Village ClerkORDINANCE 38-2002
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE
VII.].AGE CHARTER AMENDING SECTION 7, VILLAGE CLERK, OF ARTICLE 1V,
ADMINISTRATIVE, BY TRANSFERRING THE POWERS AND DUTIES OF THE VILLAGE
CLi:RK TO ANEWLY-CREATED SECTION ]0 OF ARTICLE IV; CREATING SECTION 8,
Al'I'01NTMENT; REMOVAL,; COMPENSATION OF VILLAGE CLERK; CREATING
SEC7~ION 9, VACANCY IN THE OFFICE OF CLERK; PROVIDING THAT THIS ORDINANCE,
UPON AllOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF
NORTII PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGI
I'KOVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN
ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR
Si:VEKABII.ITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF
T}IIS 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 far
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 Ii;REAS, 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.
Bl: 1"1' ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
I3F.ACH, FLORIDA:
Section 1. That Section 7, Village Clerk, of Article IV, Administrative, of the Village Charter is
hereby amended to read as follows:
ARTICLE IV. ADMINISTRATIVE
Section 7. Village Clerk.
• There shall be a Village Clerk who shall be responsible to the council for the proper
administration of all affairs of the village coming under the clerk's control as defined in Article IV,
Section ]0.
Section 2. That Section 8, Appointment; removal; compensation of Village Clerk is hereby added
• to Article IV, Administrative, of the Village Charter and to read as follows:
ARTICLE IV. ADMINISTRATIVF.
Section 8. Appointment; removal; compensation of Village Clerk.
(a) Appointment. The council shall appoint a village clerk for an indefinite term by a
majority vote of all the council members.
(h) Removal. The council may remove the clerk by a majority vote of all the council
members, and the clerk shall hold office at the pleasure of the council.
(c) C,'ompensalion. The compensation of the clerk shall be fixed by the council.
Section 3. That Section 9, Vacancy in the office of clerk, is hereby added to Article IV,
Administrative, of the Village Charter and to read as follows:
ARTICLE IV. ADMINISTRATIVE
Section 9. Vacancy in the office of clerk.
During any vacancy in the office of village clerk, the deputy village clerk shall assume the
duties of the village clerk. If there is no deputy village clerk, 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 clerk.
Section 4. That Section ] 0, Powers and duties of the village clerk, is hereby added to Article I V,
Administrative, of the Village Charter and to read as follows:
ARTICLE IV. ADMINISTRATIVE
Section ]0. Powers and duties of the village clerk.
7~he powers and duties of the village clerk are and shall be:
(a) To attend all official meetings of the council in person or by deputy and keep minutes
of its proceedings, which, after being approved, shall be engrossed in a well-bound book,
or other permanent record, 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 affairs of the municipality.
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(c) To attest all executory contracts made in behalf of the village as evidence of the authorization
• 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.
(d) To preserve, file and index all contracts to which the village is a party, which file and
record shall be open to the inspection of all interested persons at all reasonable times, in
the clerk's office.
(e) To furnish the council at any time such reports, data and information as may be necessary
to fully inform the Council as to the affairs of the village, furnishing the Council
regularly with such detailed reports of the village government as may be necessary.
Section 5. 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"
Providing for appointment, duties, removal and compensation of Village Clerk and provision
for vacancy in the office of Clerk.
"EXPLANATORY STATEMENT"
7'he Village Charter provided there would be a Village Clerk but failed to provide procedure
for appointment and removal, compensation and procedure to fill vacancy in office of Clerk.
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 Tor 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 Charter with the Florida
Department 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 2] st DAY OF NOVEMBER, 2002.
PI,ACIsD ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF DECEMBER, 2002.
(VILI,AGF, SEAL]
ATTEST:
•
VILLAGE CLERK
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