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HomeMy WebLinkAbout09-14-1956 VC REG-MMINUTES OF MEETING OF VILLAGE COUNCIL OF NORTH PALM BEACH HELD ON THE 14TH DAY OF SEPTEMBER, 1956. * * * The first meeting of the Village Council of NORTH PALM BEACH was_ held in the North Palm Beach Country Clubhouse, in such Village at 3 o'clock, P. M., on the 14th day of September, 1956. The following Councilmen were present and answered the Roll Call: ROLL RICHARD E. ROSS CALL JAY H. WHITE JOHN A. SCHWENCKE OATHS ABSENTEES and submitted their oaths of office, and their non-communist oaths, duly subscribed before an officer authorized to take oaths. Such subscribed oaths were ordered attached to thesesymiwnyutes. ry`T TMTTT The following Councilmen did not answer Roll Call, and it was reported they were out of the State at the present time: Messrs. Mac Arthur and Cunningham. TTTTTTT QUORUM It appeared a quorum was present, whereupon, by acclamation PRESENT Councilman Ross assumed the Chairmanship of the meeting and he asked ROBERT C. TUFFORD to take the minutes of the meeting. CHARTER The Chairman read Chapter 31481, Laws of Florida, Extraordinary READ Session 1956, being the Charter of the Village of North Palm Beach, and a certified copy was ordered attached to these minutes. RES. #1 Councilman Schwencke, seconded by Councilman White, moved ADOPTED the adoption of Resolution #1 (See RES. BK. 1, page t ) entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE. Upon Roll Ca11, all Councilmen present voted aye, and Resolution #1 was duly adopted. OATH OF VICE MAYOR Thereupon, the undersigned took and subscribed the following oath of office: "I do hereby swear on oath that I shall faithfully and impartially execute the duties of the office of Vice Mayor of the 2 • • Village of North Palm Beach according to the best of my ability and understanding." -at C-Th Richard E. Ross Sworn to and subscribed before me this /' day of /272,44,./k/r , , 1956. N6%ary Public, State of Florida at Large My Commission Expires: V S.57F (NOTARY PUBLIC SEAL) 3 • • • My Commission Expires: (Notary Public Seal) OATH OF CLERK MINUTES OF MEETING OF VILLAGE COUNCIL OF NORTH PALM BEACH HELD ON THE 14TH DAY OF SEPTEMBER, 1956. (Continued) Thereupon the undersigned took and subscribed the following oath of office: " I do hereby swear on oath that I shall faithfully and impartially execute the duties of the office of Clerk of the Village of North Palm Beach according to the best of my ability and understanding." Sworn t and subscrfrbed before me this Pia" day of j/fyd .%/ri , 1956. ./L-LeAJ Notary Public, State of Florida at Large My Commission Expires: 9 S-S"`/ (Notary Public Seal) Robert C. Tuffo OATH OF TREASURER Thereupon the undersigned took and subscribed the following oath of office: "I do hereby swear on oath that I shall faithfully and impartially execute the duties of the office of Treasurer of the Village of North Palm Beach according to the best of my ability and understanding." Sworn to and subscri�bbed before me this /4fig dayf y/lefi 1 ArCeit , 1956. ` Ng',tary Public, State of Florida at Large My Commission Expires: er-st S9 (Notary Public Seal) OATH OF Thereupon the undersigned took and subscribed the following TAX ASSESSOR oath of office: "I do hereby swear on oath that I shall faithfully and impartially execute the duties of the office of Village Tax Assessor of the Village of North Palm Beach according to the best of my ability and understanding. Sworn to and subscr ed before me this i day of , 1956. ary Public, State of Florida at Large 7- s s9 hn A. Schwencke y • • • • MINUTES OF MEETING OF VILLAGE COUNCIL OF NORTH PALM BEACH HELD ON THE 14TH DAY OF SEPTEMBER, 1956 (Continued) ********* OATH OF Thereupon the undersigned took and subscribed the following TAX COLLECTOR oath of office: ttI do hereby swear on oath that I shall faithfully and impartially execute the duties of the office of Tax Collector of the Village of North Palm Beach according to the best of my ability and understanding. � /7 eCC Jay H. White Sworn to and subscri d before me this J4/ da of , 1956. �. Nary Public, State of Florida at Large My Commission Expires: 9 i i7 (Notary Public Seal) ********* Thereupon, the above named Vice Mayor and Clerk assumed the duties of their office in lieu of the temporary persons above named. OATHS The Clerk was directed to have oaths ofthe absent Council - OTHER OFFICERS men taken and attached to these minutes. ********* Councilman Schwencke, seconded by Councilman White moved that Ordinance #i (See ORD. BK. 1, page 1 ) entitled: ORD. #1 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE FIRST OF NORTH PALM BEACH, FLORIDA, MAKING IT THE DUTY READING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH TO MAKE RULES FOR ITS OWN GUIDANCE AND GOVERNMENT; ADOPTING RULES FOR THE GOVERNMENT OF THE VILLAGE COUNCIL OF NORTH PALM BEACH; AND FOR OTHER PURPOSES. be placed on first reading and read in full. Upon Roll Call, all Councilmen present voted aye, and Ordinance #1 was read in full. ********* RES. #2 Councilman Schwencke, seconded by Councilman White, moved ADOPTED the adoption of Resolution #2 ( See RES. BK. 1, page 2. ) entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE SEAL OF SUCH VILLAGE. Upon Roll Call, all Councilmen present voted aye, and Resolution #2 was duly adopted. ********* ORD. #2 Councilman Schwencke, seconded by Councilman White moved that FIRST READING Ordinance #2 (See ORD. BK. 1, page 3 ) entitled: AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO: • • • • MINUTES OF MEETING OF VILLAGE COUNCIL OF NORTH PALM BEACH HELD ON THE 14TH DAY OF SEPTEMBER, 1956 (Continued) be placed on first reading and read in full. Upon Roll Call, all Councilmen present voted aye, and Ordinance #2 was read in full. ********* ORD. #3 Councilman Schwencke, seconded by Councilman White moved that FIRST READING Ordinance #3 (See ORD. BK. 1, page (a ) entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, MAKING IT A MISDEMEANOR TO COMMIT WITHIN THE LIMITS OF THE VILLAGE ANY ACT WHICH IS OR SHALL BE RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR AND FORBIDDING THE COMMISSION OF SUCH ACTS; PROVIDING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE; AND FOR OTHER PURPOSES. be placed on first reading and read in full. Upon Roll Call, all Councilmen present voted aye, and Ordinance #3 was read in full. ********* ORD. #4 Councilman Schwencke, seconded by Councilman White moved that FIRST READING Ordinance #4 (See ORD. BK. 1, page Z ) entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, LEVYING AND IMPOSING AN EXCISE OR PRIVILEGE TAX UPON THE SALE, RECEIPT, PURCHASE, POSSESSION, CONSUMPTION, HANDLING, DISTRIBUTION AND USE OF CIGARETTES IN THE VILLAGE OF NORTH PALM BEACH; PRO- VIDING FOR THE METHOD OF COLLECTION• PROVIDING FOR THE EXPENDITURE OF THE FUNDS DERIVED THEREFROM; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. be placed on first reading and read in full. Upon Roll Call, all Councilmen present voted aye, and Ordinance #4 was read in full. ********* ORD. #5 Councilman Schwencke, seconded by Councilman White moved that FIRST READING Ordinance #5 (See ORD. BK. 1, page t0S ) entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO NORTH PALM BEACH UTILITTES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER SYSTEM AND SEWAGE COLLECTION AND DISPOSAL SYSTEM IN THE VILLAGE OF NORTH PALM BEACH, FLORIDA: SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE: PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS: PROHIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS AND/OR SEPTIC TANKS WITHIN THE VILLAGE LIMITS: PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS: AND FOR OTHER PURPOSES. RES. #3 ADOPTED be placed on first reading and read in full. Upon Roll Call, all Councilmen present voted aye, and Ordinance #5 was read in full. ********* Councilman Schwencke, seconded by Councilman White, moved the adoption of Resolution #3 (See RES. BK. 1, page 3 ) entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXTENDING A WELCOME TO PRATT & WHITNEY TO THE PALM BEACH COUNTY AREA. Upon Roll Call, all Councilmen present voted aye, and Resolution #3 was duly adopted. 6 • • • • MINUTES OF MEETING OF VILLAGE COUNCIL OF NORTH PALM BEACH HELD ON THE 14TH DAY OF SEPTEMBER, 1956. (Continued) There being no further business, the meeting was War adjourned to 3 o'clock, P. M., Tuesday, September 25th, 1956, to meet at the North Palm Beach Country Clubhouse. ARTICLE II (Territorial boundaries) of Chapter 21481 enacted by the Lasielature of the State of Florida setting the boundaries of the Village of North Pale Desch reeds as follows; Section 1. The territorial limit■ of said municipality are hereby defined B.ginninq at the intersection of the esters edge along the rest Ohm" of Wks Worth, with the south line of Government Lot 1, Section 21, Tamahip 42 South, Range 43 last, Pala Beach County, Florida, theme westerly, along the south lined said Goverment Lot 1, to the southwest corner thereof; thanes northerly, along the west line of said Goverrnent Lot 1, to the northwest corner thereof and a point in the north line of said Section 218 thane* westerly, along the north lineal' said Section #1 and along the north line of elation 20 of said Township and Range, to the southwest corner of the West Aalfof the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 17, said Township and Rang.; thanes northerly, along the east line of said West Hall .f the Southeast Quarter of the Southwest Quarter of the Southeast Quarter, to the northwest corner thereof; thanes westerly. along the north line of said West Half of the Southeast Quarter of the aoutiwestzCuartsr of the Southeast Quarter, and along the north line of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter, to the northwest corner of said 8outhweet Quarter of the Southwest Quarter of the Southeast Quarter, and a point in the north and south quarter section line of said Section 17; thence northerly, along the said north and south quartos motion line at Section 17 and along the north and south quarter section line of Section 8 of said Tbwnahip and Range to the north line of said Section 8; thence westeslr, along the north lino of said Section 8, to the northwest corner of the East Half of the Weet Half of the forthwerrt Quarter of the Northeast Quarter of said Section 8; thanes southerly. along the west line of said last Self of the West Half of the Northwest Quarter of the Northeast Quarter, to the southwest corner tharsof; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the northwest corner of the last half ofth. Northeast Quarter of the Southwest Quarter of the Northeast Quarter of said Section 8; thence southerly, along the welt line of said East Half of the Northeast Quarter of the Southwest Quarter of the Northeast Quarter, to the southwest corner thereof; thanese easterly, along the wrath line of the East Half of the Northeast Quarters of the Southwest Quarter of the Northeast Quarter, and along the south line of the West Balf of the Northwest Quarter of tho Southeast quarter of the Northeast Quarter, to the southeast corner of said West Half of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter; thence northerly, along the east line of said West Half of the Northwest Quarter of the Southwest — Quarter of the Northeast Quarter, to a point 185 fait south of the north line thereof; thence easterly, along said parallel line, to the esters of Prosperity Creek, so celled; thence northerly, along - the waters of said Prosperity Creek, to the north lice of said North -- wont Quarter of the southeast Quarter of the Northeast Quartet; thence. westerly, along the north line of said Northwest Quarter of the South- east Quarter of the Northeast Quarter, to the northwest corner thereof! —Minos zortherly, along the past line of the Southeast Quarter et the Northwest Quarter of the Northeast Quarter, to the northeast corner thereof; thence westerly, along the north line of said Southeast Quarter of the Northwest Quarter of tho Northeast Quarter, to the northwest corner thorsof; thence northerly, along the east line of the East Half of the Northwest Quarter of the NorthwestQuartor of the Northeast Quarter, to the northeast corner thereof and a point in the north line of said Section 8; thence easterly, along the north lino of Sections 8 and 9 of said Township and Range, as shown on Florida Inland Navigation District's right of way cap on Pages 10 and 29 of Plat Hoe* 17, Public Records of Palm Beath County, Florida, to the center line of the right of way of State Road No. 5 (U. S. Highway No. 1), as shown on Florida State Road Depsrtzant's right of way msp ct 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 north line of Government Lot 8, Section 4 of said Township and Range; thence easterly, along the north line of said Government Lot 8, to the waters of Lake Worth; thence continue easterly, along the same courae,te a point in the southerly extension of the line between Government Lots 3 and 5 of said Section 4,as shown on plat of grannie Beech 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 weeterly_extension of the north line of Section 10 of said Township and Range; thenoe easterly, along said westerly extension 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 Estate,, according to the replat thereof recorded in Plat Book 24, Page 1, Public Records of Pala Beach County, Florida; thence easterly, along the south line of said Marshall Morton Istates,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 Section 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 parallel 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 Co., a Florida 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 Goverment Lot 1 of said Section 21; thence westerly, along said easterly extension, across Lake Worth to the point of beginning, at the waters edge on the west shore of said Lake Worth. Excepting from the above described aree.the following described parcel of land. A parcel of land -in Goverment Lot 2, Section 10, Township 42 South, Range 43 East, described as fallews: "Starting from a certain stake in a pile of stones on the East side of Lot 2, Section 10, Township 43 South, Range 43 East, from which a large -rubber tree, marked J.S.J. on South side and I.R.R. on the North side, bears West 160 links, running south along the lagoon, four chains; thence West to stake and rocks on bank of Lake Worth; thenoe North four chains to stake and rocke; thence East to point of beginning, containing 5 acres". • ,___^_. CHAPTER 31481 (House Bill No. 102-XX) AN ACT PROVIDING FOR THE ESTABLISHMENT AND CRE- ATION OF A MUNICIPALITY TO BE KNOWN AS THE VILLAGE OF NORTH PALM BEACH, FLORIDA; DEFINING ITS TERRITORIAL BOUNDARIES; PROVIDING FOR ITS GOVERNMENT, JURISDICTION AND POWERS, INCLUDING THE POWER AND PROCEDURE FOR ANNEXING CONTIGUOUS TERRITORY BY ORDINANCE; PRESCRIBING THE POWERS, DUTIES AND AUTHORITY OF ITS OFFICERS; PROVIDING FOR OTHER PURPOSES; AND REPEALING ALL LAWS AND PARTS OF LAWS IN CONFLICT NFREWITH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: ARTICLE I CORPORATE NAME The municipality hereby established shall be known as "THE VILLAGE OF NORTH PALM BEACH, FLORIDA". ARTICLE II TERRITORIAL BOUNDARIES Section 1. 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, Township 42 South, Range 43, East, Palm Beach County, Florida; thence westerly, along the south line of said Government Lot 1, to the southwest corner thereof; thence north- erly, along the west line of said Government Lot 1, to the northwest corner thereof and a point in the north line of said Section 21;tthence westerly, along the north line of said Section 21 and along the north -- - line of Section 20 of said Township and Range, to the = = southeast corner of the West Half o£.the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 17, said Township and Range; thence northerly, along the east line of said West Half of the Southeast Quarter of the Southwest Quarter of the South - ,east Quarter, to the northeast corner thereof; thence westerly, along the north line of said West Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter, and along the north line of the 1 aVY Southwest -Quarter of the Southwest Quarter of the Southeast Quarter, to the northwest corner of said Southwest Quarter of the Southwest Quarter of the Southeast Quarter, and a point in the north and south quarter section line of said Section 17; thence northerly, along the said north and south quarter section line of Section 17 and along the north and south quarter section line of Section 8 of said Township and Range to the north line of said Section 8; thence easterly, along the north line of said Section 8, to the northwest corner of the East Half of the West Half of the Northwest Quarter of the Northeast Quarter of said Section 8; thence southerly, along the west line of said East Half of the West Half of the Northwest Quarter of the Northeast Quarter, to the southwest corner thereof; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the northwest corner of the East Half of the Northeast Quarter of the Southwest Quarter of the Northeast Quarter of said Section 8; thence southerly, along the west line of said East Half of the Northeast Quarter of the Southwest Quarter of the Northeast Quarter, to the southwest corner thereof; thence easterly, along the south line of the East Half of the Northeast Quarter of the Southwest Quarter of the Northeast Quarter, and along the south line of the West Half of the North- west Quarter of the Southeast Quarter of the Northeast Quarter, to the southeast corner of said West Half of the Northwest Quarter of the South- east Quarter of the Northeast Quarter; thence north- erly, along the east line of said Weat Half of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter, to a point 185 feet south of the north line thereof; thence easterly, along said parallel line, to the waters of Prosperity Creek so called; thence northerly, along the waters of said Prosperity Creek, to the north line of said North- west Quarter of the Southeast Quarter of the North- east Quarter; thence westerly, along the north line of said Northwest Quarter of the Southeast Quarter of the Northeast Quarter, to the northwest corner thereof; thence northerly, along the east line of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter, to the northeast corner thereof; thence westerly, along the north line of said South- east Quarter of the Northwest Quarter of the North- east Quarter to the northwest corner thereof; thence northerly, along the east line of the East Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter, to the northeast corner thereof and a point in the north line of said Section 8; thence easterly, along the north line of Sections 8 and 9 of said Township and Range, as shown on Florida Inland Navigation District's 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 right of way of State Road No. 5 (U. S. Highway No. 1), as shown on Florida State Road Department's right 2 102 -X X 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 north line of Government Lot $, Section 4 of said Township and Range; thence easterly, along the north line of said Government Lot $, to the waters of Lake Worth; thence continue easterly, along the same course, to a point in the southerly extension of the line between Government 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 easter- ly, along said westerly extension 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 CountyFlorida; 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 Section 10, to the waters of the Atlantic Ocean; thense goutherly, along the waters of the Atlantic Ocean, to a point in a line parallel to, and t,000 feet southerly from, measured at right angles to, the north line of said Section 10; thence westerly, along said parallel line, to a point in the westerly bounda- ry of the submerged land area conveyed by the Trustees of the Internal Improvement Fund of the State of Florida, to Lake Worth Realty Co. a Florida corporation, by Trustees' Deed No. 17,146recorded in Deed Hook 205, Page $2,..Public Records of Palm Beach County, Florida; thence southerly, along said westerly boundary, to a point in the easterly extension of the south lne of Government Lot 1 of said Section 21; thence westerly, along said easterly extension, across Lake Worth to the point of beginning, at the waters edge on the west shore of said Lake Worth. EXCEPTING from the above described area the follow- ing described parcel of land: .A parcel of land in Government Lot 2, Section 10, Township 42 South, Range 43 East, described as follows: "Starting from a certain stake in a pile of stones on the East side of Lot 2 Section 10, Township 42 South, Range 43 East, from which a large rubber tree, marked J.S.J. on South side and I.R.H. on the North side, bears West.160 links, running south along the lagoon, four chains; thence West to stake and rocks on bank of Lake Worth; thence North four chains to stake and rocks; thence East to point of beginning, containing 5 acres". 102 x X 4 ARTICLE III GOVERNMENT Section 1. The government of said municipality shall be vested in a governing body to be known as "Village Council of North Palm Beach", sometimes hereinafter referred to as the Village Council. Such Council shall be composed of five members to be called Councilmen. Section 2. No person shall be eligible to any elective office of the said municipality unless he shall be over twenty- one years of age and a registered voter of said municipality, and unless he shall be a citizen of the United States and the owner of real property situated in said municipality. Section 3. Until the first elections shall be held under the provisions of this Act, and until their successors shall be elected and qualified, Group 1 Richard E. Ross Group 2 John A. MacArthur Group 3 Jay A. White Group 4 John A. Schwencke Group 5 Charles A. Cunningham are hereby appointed as and to be members of the Village Comncfl and shall constitute the first Village Council thereof. Section 4. Within ninety (90) days after this Act becomes law, the Village Council shall by resolution appoint one of its members as and to be Mayor of said municipality and another of its members as and to be the Vice -Mayor of said municipality, and shall also appoint a Village Treasurer, a Tax Assessor, a Tax Collector and a Village Clerk (who shall be the registration officer of said Village), all of whom shall be subject to the control of the Village Council. A member of the Village Council 4 0,< -X X r �. I III�I shall be eligible to hold any one or more of the said offices and any one person may be appointed to hold any one or more of the said offices. Section 5. The Mayor and Vice -Mayor appointed, as herein - above provided, shall each hold office until his successor shall be elected in accordance with the provisions of this Act and shall qualify; and the person or persons appointed to hold the offices of Village Treasurer, Village Clerk, Tax Assessor and Tax Collector shall hold their respective offices until their successors shall be appointed and shall qualify and during the pleasure of the Village Council. Section 6. On the third Tuesday in March, 1959, an election by the qualified electors of said municipality shall be held to elect members of the Village Council to succeed the members whose appointment expires in 1959 as provided for herein and thereafter on the third Tuesday in March of each succeeding year a general election shall be held to elect successors to the members of the Village Council whose terms of office shall then expire. Section 7. 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 evtn years and Councilmen in Groups 2 and 4 shall be elected in the odd years. At the first annual election to be held in March, 1959, Councilmen in Groups 2 and 4 shall be elected to a two-year term, and every two years thereafter Councilmen shall be elected in said groups for a two-year term. At the election to be held in March, 1960, Councilmen in Groups 1, 3 and 5 shall be elected to a two-year term to expire in 1962 when Councilmen in said groups shall be elected to a two-year term and every two years thereafter Councilmen in said groups shall be elected to two year 5 terms. The term of office of Councilmen shall commence on the first Monday in April and shall continue for two years thereafter and until their successors are elected and qualified. Any candi- date seeking election as Councilman shall file with the Village Clerk a written notice to such effect during the last ten days of February in the year of the election, and shall pay such filing fee as shall be set by ordinance. Such notice shall state the number of the group in which he seeks to be elected, his place of residence, his age, a description of the real property owned by him in the Village, and any other data required by ordinance. The candidate for each group receiving the highest vote cast for such office shall be deemed elected to such office. In the event of a tie vote between candidates receiving the highest number of votes cast for any office, the names of all such tied candidates shall be placed on the ballot and be voted upon at an ensuing runoff election to be held on the succeeding Tuesday. Such election shall be held in the same manner and by the ame officers holding the previous election. No notice need be given of such election or of any other election hereunder. In the event of such runoff election, there shall appear on the ballot, and be voted upon, only the names of the two persona re- ceiving the highest vote cast for such office or offices. Section 8. Each person appointed or elected as a member at the Village Council of said municipality, before entering upon the discharge of the duties of the office, shall take and sub- scribe the following oath before some officer authorized to ad- minister oaths under the laws of the State of Florida; "I do solemnly swear (or affirm) that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, 6 -x x of (Mice and that I will bear true faith, loyalty and allegiance to the. same; and that I am entitled to hold office under the Constitu- tion of the United States and the Constitution and Laws of the State of Florida, and that twill faithfully perform all the duties of the office off-Councilman/of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God". This oath may be spread upon the minutes of the Village Council. Section 9. The members of the Village Council elected pursuant to this Article, shall meet for organization immediately following their qualification on the first Monday in April next, following the date of their election and at said meeting the Village Council shall, by resolution, appoint one member a Mayor and another a Vice -Mayor of the Village, each of whom shall hold such office for a term of one year and until his successor shall be ap- pointed and qualified. Section 10. At each such organization meeting the Village Council may also appoint a Village Treasurer, a Tax Assessor, a Tax Collector and a Village Clerk. The officer or officers so appointed shall ordinarily hold office for a term of one year and until their successors are appointed and qualified bit all subject to the pleasure of the Village Council. Section 11. Every appointive Village officer shall take and subscribe, before an officer duly qualified to administer oaths, an oath or affirmation faithfully and impartially to execute the duties of his office according to the best of his ability and understanding, which may be filed with the Village Clerk and spread upon the minutes of the Village Council. Section 12. If there shall be a vacancy in any elective office, the Village Council, or so much of it as shall remain, 7 102 -x?x • shall have power, by resolution, to fill such vacancy by the appointment of a suitable person to hold such office until the next general election and until his successor shall be elected and qualified. If by reason of absence or disability, any officer of the Village is unable to perform the duties of his office, the Village Council shall have the power, by resolution, to appoint some suitable person to hold such office for and during the absence or disability of such officer, and the person so appointed shall have, during such period of absence or disability, all the power and duties conferred by law upon the officer for whom he is appointed to act. JJJO JJJ Section 13. Any member of the Village Council -of the said Village may be removed frorn office and deprived of the right to serve as such official for misfeasance, nonfeasance, malfeasance or any conduct of an immoral or criminal nature committed while holding office; but, before any such official shall be removed and denied the right to perform his official duties, a written complaint shall be filed with and presented to the Village Council by some citizen or taxpayer of said Village, setting forth in reasonable detail the offense of which the said official is charged. Such complaint shall be considered by the Village Council, and if such Council shall determine that the offense charged is of such nature and gravity as to constitute a ground, or cause, for the removal of such official, the Council shall thereupon set a date for the hearing of the said complaint and direct the chief of police, or some other officer of the Village, to give the official so charged written notice of the date of trial and also deliver to him a copy of the complaint so filed. Upon the trial of such complaint, testimony shall be heard by the Council, both in support and in defense of the charges made, and both the complainant and defendant shall have the right to be represented by counsel; and, if a majority of the member:, of the Council present at such hearing shall find and determine that such official is guilty of either or all of the offenses as charged in the complaint, the Council shall thereupon adopt a resolution removing such official and depriving him of the right to perform his official duties and declaring his office vacant; and the said official shall no longer have the privilege of performing his official duties, his office shall be vacated and his successor shall thereafter be selected in the manner provided herein. 9 Upon any trial under the provisions of this section, all witnesses shall give testimony under oath and any mem- ber of the Council present at such hearing, or the Mayor, or the Village Clerk shall be authorized to administer oaths. 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 deliver to his suc- cessor in office, or to such person as the Village Council may designate, all books, records, papers, vouchers and property of every kind in his possession or control belong- ing to the municipality. Section 14.. The Village Council shall have power to employ and retain an engineer and an attorney and to app- oint or employ such additional officers, assistants and employees as the business of the municipality may require; and it shall have the power to fix and determine the au- thority, duties and compensation of all elected and app- ointed officers, assistants and employees, but the compen- sation of an elected officer which has been so fixed shall not be increased during his term of office. Section 15. The Village Council shall have the power to require the Village Clerk, Treasurer, Tax Collector and other officers, including its own members, before any of them enters upon the duties of his office, within such time as it may prescribe, to enter into a good and sufficient bond conditioned as it may require for the faithful performance of his duties and it may from time to time require further or additional bonds; and for failure to give the same it may declare such office vacant. Section 16. The Village Council shall be the judge of the election and qualification of its members, shall have power to determine and establish the rules governing its own 10 proceedings and to determine the time and place for holding its meetings and the notice, if any, of special meetings. Special meetings shall be held when called by the Mayor, or by any two members of the Village Council, All meetings of the Council shall be open to the public and the rules of the Council shall provide that the citizens of the Village shall have a reasonable opportunity to be heard at such meetings in regard to any matter pertaining to the Village. The Mayor, or in his absence the Vice -Mayor, shall preside at all meetings of the Council and the Village Clerk shall be present at all meetings of the Council and shall keep a record of the proceedings of the Council in a minute book to be provided and kept for that purpose. He shall preserve and maintain in an ordinance book to be provided and kept for that purpose, all ordinances. He shall preserve and maintain in a resolution book to be provided and kept for that purpose, all resolutions. The ordinance book and resolution book shall be deemed to be public records and each ordinance and resolution so recorded shall be signed by the Mayor and by the Village Clerk. Copies from said minute book, ordinance book or resolution book, duly rcer- tified by the Village Clerk under the Corporate Seal of the Village, shall be received in evidence in all courts and places as proof thereof. The Village Clerk shall certify and keep a record of all permits issued by the Village or pursuant to its authority. Section 17. A majority of the members of the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members present at any meeting shall 11 n XX JU be necessary to adopt any ordinance, resolution, order or vote. No member shall be excused from voting except on matters involving the consideration of -his official conduct or when his financial interests are involved, in which case the affirmative vote of a majority of the members voting shall be necessary for the adoption of any ordinance, resolution, order or vote. The enacting clause of all ordinances shall be: ^Be It Ordained by the Village Council of North Palm Beach, Florida". Unless approved and subscribed by the five members of the Village Council, no ordinance shall be adopted until ten (10) days after the introduction of such ordinance. Every ordinance, when introduced, shall be read in full but upon consideration of any ordinance reading, if not amended, it may be read Every ordinance, upon its adoption, on second and final by title only. shall be signed by the Mayor and by the Village Clerk and when so signed it shall become effective then, unless otherwise provided there- in. Before introduction, all ordinances and resolutions shall be reduced to writing. Resolutions shall be signet by the Mayor and by the Village Clerk. Section 18. Every resolution which shall be signed by all members of the Village Council shall be valid and as effectual as though passed by unanimous vote at a lily called regular meeting of the Village Council. Section 19. The Village Council shall, by ordinance, provide for and regulate the registration of voters and the conduct of elections. Section 20. Any person who shall possess the qualifications of an elector under the general laws ofthe 12 021 —iG.34 a State of Florida governing elections and shall have resided within the territorial limits of the Village of North Palm Beach, Florida, for six (6) months preceding the election and'shall have registered in accordance with the ordinances of said Village shall be entitled to vote at any municipal election of the said municipality except in elections limited to qualified electors who are freeholders residing within the Village. 13 ARTICLE IV VILLAGE OFFICERS Section 1. The officers of the municipality shall be a Mayor, a Vice -Mayor, a Village Treasurer, a Tax Assessor, a Tax Collector, a Village Clerk (who shall also be registra- tion officer), a Judge of the Village Court, and such other officers as may be provided for by law or by the Village Council pursuant to the authority conferred by this Act. The Village Council shall have the power and authority to employ or appoint some person or one of its own members as a Village Manager and to prescribe his powers and duties. The Manager shall be the administrative head of the municipal ggvernment but shall be subject to the direction and super- vision of the Council. The Manager shall be chosen solely on the basis of his executive and administrative qualifica- tions and he need not be a resident of the Village. The Manager shall receive such compensation. as shall be fixed by resolution of the Council and shall hold office during the pleasure of the Council. Section 2. The Mayor shall be the chief executive officer of the Village and it shall be his duty to attend to the pro- per and effective enforcement of the laws and ordinances of the Village, under the overall supervision of the Council, and with the aid of the Manager, if any. In case the Council shall provide for a Village Chief of Police, such person shall attend to the proper and effective enforcement of the laws and ordinances of the Village under the iiv^rall supervision of the Council. 14 Section 3. The Vice -Mayor, in the absence or during the disability of the Mayor, shall have all of the powers and duties of the Mayor. Section 4. The Village Clerk shall be the registration officer and shall, in addition to the duties which are or may be required by him by this Act or by any law of the State or by any ordinance of the said municipality, have the custody of all the general records, books and documents of the Village, and shall perform such further duties as are imposed upon him by the Council by resolution, ordinance or otherwise. Section 5. The Village Treasurer shall receive, safely keep and disburse, under the direction of the Council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disburse- ments in such manner as the Council shall direct. The treasur- er shall annually, on or before the first day of February, furnish to the Mayor and to the Council a full report of the receipts and disbursements during the preceding calendar year; and he shall, whenever required by the Mayor or by the Council; make a special report covering any designated period and shall lay before the Mayor or the Council for examination and audit all books, papers and vouchers pertaining to his office when- ever required so to do. The Treasurer shall deposit funds of the Village in such banks or trust companies as the Council shall from time to time designate; and all checks drawn upon any depository of the Village funds shall be numbered consecu- tively, and shall be signed by the Treasurer unless otherwise provided by resolution of the Council, and no money shall be paid except by check, unless express authority so to do has been first given to, the Treasurer by the Council. Section 6. The Tax Assessor shall assess all property in the Village for taxation by the Village and perform such other duties as may be provided by law or by ordinance or resolution of the Council. 15 Section 7. It shall be the duty of the Tax Collector to collect and receive all moneys due to the Village whether for taxes, assessments or otherwise; and he shall keep an itemized account of all such moneys in books to be provided for that purpose, wherein shall be_entered the name of the person from whom each sum of money is received, and the date when received, and the purpose for which such payments is made; and he shall pay and turn over to the Treasurer daily or at such other times as provided by resolution of the Council all moneys of the Village collected or received by him during the preceding fiscal year, together with a statement of the manner in which said moneys have been disposed of by him, and shall furnish a copy thereof to the Mayor and to the Council on or before the firbt day of March in each year; and he shall keep a record of all taxes, assessments or other charges which are or may be a lien upon land, and of the payments made for or on account of all such taxes, assessments or other charges which are liens upon land. At any time, upon demand of the Mayor or the Village Council, the Tax Collector may be required to furnish a report setting forth detailed information pertaining to his office. Section 8. The Village Treasurer, the Tax Assessor, the Tax Collector, the Village Clerk or any other officer of the Village, except the Mayor or Vice -Mayor, may be removed tfom office, with or without cause, by the Council. In the event that any such officer shall be so removed, then and in that case his term of office shall expire and end when such removal becomes effective, anything herein bontained to the contrary notwithstanding. The Mayor shall have power, for sufficient cause, to sus- pend any Village officer other than a Village Councilman. In case of the suspension of any such officer, the Mayor shall, within fifteen (15) days thereafter, deliver to the Village 16 Clerk a specification in writing of the charges pre- ferred to the officer suspended; and it shall be the duty of the Clerk to present such charges to the Coun- cil at its next meeting following the receipt of such charges by him; and thereafter the Council shall pro- ceed to hear and determine the said charges; after reasonable notice of such hearing to the suspended officer, who shall be given an opportunity to be heard with his witnesses. If 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 Town temporarily to perform the duties of the officer suspended, until the charges against such suspended officer be heard and determined by the Village Council. ARTICLE'V MUNICIPAL POWERS Section 1. The said Village of North Palm Beach, Florida, shall be and constitute a body politic and cor- porate and as such shall have perpetual existence and may sue, be sued, defend, plead and be impleaded in all courts and places and shall exercise all the powers, privileges, and functions of municipalities prescribed, authorized and provided in the general laws of the State of Florida 17 : ?nX fully and completely unless prohibited by or contrary to the provisions of this Act. Section 2. No person, institute any action without having first from the date of the firm or corporatioh shall for damages against the Village filed within thirty (30 ) days accrual Of the cause of action a notice of the claim, in writing, with the Council, and with the Village Attorney, if any, setting forth in detail the nature and particulars constituting the basis of such claim, and all actions against the Village, including actions for wrongful death, but not includiag actions ex contractu, shall be barred unless instituted within one year from the date of the accrual of the cause of action. 1$ -x x r Section 3. The municipality hereby established shall have power: (1) To raise annually by taxation such sums as the Council shall deem necessary for the lawful purposes of the Village provided that no tax shall be levied in any year in excess of 10 mills on the dollar of assessed val- uation of taxable property. (2) To tax, license, regulate and control persons, firms, associations and corporations conducting, carrying on or engaged in any business, occupation or profession within the territorial limits of the Village and the amount of such licenses and taxes shall not be dependent upon a general state revenue law. (3) To borrow money temporarily in the name of the Village in the anticipation of the raising of taxes, or other appropriated revenue, to an amount not exceeding 80% of such taxes or other appropriated revenue in any one year. (4) To borrow money temporarily in the name of the Village during the construction of any public work or im- provements, on account of which assessments for benefits are authorized to be made and collected, to an amount not exceeding 80% of the cost of any such work or improvements. (5) To issue its bonds or notes to secure the repay- . ment of any money it is authorized to borrow. (6) To provide for street lighting, fire hydrants, garbage collection, sanitary, sewer collection and disposal, and for any other municipal or public service, and to build, construct, acquire, own, maintain, operate and lease all structures, land and other equipment necessary therefor except as otherwise provided herein. (7) To regulate and control the use of any public park, street, road or highway within the territorial limits of said Village by any municipality, corporation, firm or individual 19 using any such public street, road or highway for the con- duct of gas or water or for telephone or electric light or power poles, lines, subways or conduits, or for any other public utility or service. (8) To acquire, either by lease, gift or purchase, any land or any est to or interest therein, within or with- out the territorial limits of said Village for any public or municipal purpose, except as provided in sub -section (11) hereof. (9) To give and grant franchises upon such terms and conditions as the Council shall prescribe, for a term not longer than thirty (30) years, to those engaged in furnish- ing ga}s, water, electric, telephone, transportation, sewer or other public service, providing, however, as to any utility where the Village Council by law has rate making power, such franchise shall provide for such rates as shall provide a fair return on the replacement or reproduction value of such utility, and further providing no such franchise shall contain any option to purchase on the part of the Village. (10) To prohibit and abate nuisances. (11) The Village shall have the power of eminent domain except as to water supply or distribution systems, sewer or sanitary collection or treatment systems, and illuminating or fuel gas sales or distribution systems. (12) To prohibit, regulate and license the manufacture, sale, storage, keeping or use of any inflammable, explosive or highly combustible material, thing, substance or compound. (13) To establish a health department and adopt sanitary regulations and ordinances. (14) To protect life and property. (15) To prevent drunkenness, vice and immorality. 20 10.2 X (16) To precervn the public peace. (17) To fix penalties to be imposed upon offenders in convicition of violating any of the _ordinances of the Village; provided, however, that no penalty shall exceed a fine of Five Hundred Dollars 0$00.00), or imprisonment in the Village jail or at hard labor on the streets or other work of the Village for a such fine and (1$) To period not exceeding ninety (90) days, or both imprisonment. establish, regulate and maintain a fire depart- ment. and a system of fire protection. (19) To establish, regulate and maintain partment. (20) To pay out, open and maintain public parks or other public places, and to cause any road, highway or alley to be vacated, widened, wise changed as to its boundaries or location; a police de - streets, roads, public streets, extended or other - and to acquire the necessary lands for any purpose, and to require, if the Council shall so determine, that any person, firm or corporation sub- dividing land shall put in and construct streets, sidewalks, water mains or other utilities according to the Village speci- fixations before the plat thereof shall be approved by the Village Council, which such specifications shall equal or exceed exist- ing.County of Palm Beach specifications for similar plats. (21) To cause sanitary and storm sewers and drains tt be constructed and maintained together with sewage disposal and treatment plants. (22) To regulate traffic, the speed of motor vehicles, and the use thereof. (23) To construct wharves, docks and piers; regulate the speed of boats and watercraft; regulate wharfage, dockage, mooring and anchorage of boats and watercraft; construct bridges, establish ferries and fix the rates of ferriage and tolls; erect 231 • all necessary public buildings and public works and control and dispose of the same as the interests of the Village may require; to establish bulkhead lines upon all waters within the Village, and to adopt ordinances regulating or prohibit- ing filling of submerged lands outside of such bulkhead lines, which such lines so established shall govern over lines established by any other governmental body of the State of Florida; and to do and perform all other act or acts as shall seem necessary and best adapted to the im- provement and general interest of the Village. (24) To maintain any or all of its public buildings or works outside the municipal limits of the Village. (25) To enter into contracts with other municipalities or governmental entities providing for the exercise of any corporate or governmental function; and to cooperate with any other municipality, public corporation or governmental unit in the discharge of its corporate functions. (26) To regulate the sale or handling of liquor and other alcoholic beverages so far as permitted by State L_w. (27) To establish a building code, electrical code and plumbing code and provide for the issuance of building permits; to have the powers granted by Section 165.191, Florida Statutes, 1955. (28) To adopt from time to time all such ordinances and resolutions as the Council deem necessary or proper for the general welfare, good government and proper regulation of the municipality and the protection of the life, health or property of the municipality and its inhabitants. • - (29) Upon petition of the owner or owners of any lands adjoining or within two (2) miles of the territorial boundaries of said municipality, to annex such lands by ordinance to the 22 territorial limits of the municipality hereby established. Whenever any land shall be annexed to the municipality hereby established, upon the petition of the owner or owners thereof and in accordance with the power. and authority hereby given, then such land so annexed shall be and become a part of the municipality hereby established with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. (30) To foreclose assessments, taxes and tax certifi- cates as provided by law. (31) To levy and collect an excise tax on the sale of 'cigarettes, metered or bottled gas, telephone service, electric current and water and similar services within the Village .s provided by general law. (32) To provide regulations and restrictions governing the height, number of stories, construction and size of build- ings and other structures, the percentage and portion, of lot that may be occupied, the size of yards, courts, and other open spaces, and the location and use of buildings, structures and land for trade, industry, residences, apartment houses and other purposes. Such regulations may provide for a board of appeals to determine and vary their application in harmony with their general purpose and intent and in accordance with the general provisions of the ordinances; and may also, by a zoning ordinance, regulate buildings and structures according to their construction and the nature and extent of their use and the use of lands therein. All such regulations shall be uniform for each class or kind of buildings or other structures throughout each district, but the regulations in one district may differ from those in other districts, and all such regula- tions shall be made in accordance with a comprehensive plan and 23 47 •, design for one or more of the following purposes: To lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health, morals or the general welfare; to provide adequate light and air; to prevent the overcrowding of land or buildings; and to avoid undue concentration of population. Such regulations shall be made with reasonable consideration, among other things, to aesthetics, to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land through- out such municipality. (33) To employ all persons necessary for the success- ful operation of said Village and to fix the amount of com- pensation to be paid to such employees and prescribe the amount and condition of any bond or bonds executed by any employee. (34) To have the powers contained in Section 167.73, Florida Statutes. (35) Except as otherwise provided herein, to have all the powers and privileges granted to municipalities under the general laws of the State of Florida. (36) To regulate the use of recreational facilities owned by the Village, to chargeaa reasonable fee for the use thereof, or to restrict the use thereof to property owners in or residents of said Village. 24 >c .0 • 6J C. • • e'. o C6. 4 et ARTICLE VI VILLAGE COURT Section 1. There is hereby established in the Village of North Palm Beach, Florida, a court to be known as the "Village Court of North Palm Beach". The said court and ilia judge thereof shall have jurisdiction, power and authority to try all persons charged with violation of any of the ordinances of the Village, without jury, and upon conviction to impose penalties within the limitations prescribed by such ordinances and by this. Act. The Judge of said court shall be a member of The Florida Bar and shall be appointed by resolution of the Village Council and shall hold office during the pleasure of the Council, and in the vent of the absence4 disability or disqualifi- cation of the said judge; the Council, shal , have power to designate, by lege Clerk, some aforesaid to act qualification of Section 2. warrant, to have charged with the writing filed in the office at the Vil- suitable porton having the qualifications during the absence, disability or dis- the Village .Midge. The said judge shall have power, by brought before him any person or persons, violation aF any on :nandes of the Vil- lace, and Shall have exclusive original jutia diction over all such proceedings. In the proper e<ereise of the functions of Said court and within its jurisdiction as hereby defined, the judge of said court shall have power and is hereby authorized to issue end editse to be served by any police office of said Village, constable or deputy sheriff of the County of Palm Beach, any And all writs, warrants, search warrants and other processes necessary 25 for the detection and punishment of violation of any of the ordinances of the said Village, and the police of the said Village are hereby authorized and it is hereby made their duty to execute and to serve any and all such writs and processes issued out of the said Village Court by the judge thereof, and to make proper return thereon to said court. The judge of said court shall have the power and authority to take bail or other security for the appearance of any accused person; and if such person fails to appear, to declare any bail or other security as estreated; to require the attendance of witnesses for the Village and for the accused person; to administer oaths; and shall have all such other powers as may be necessary to the due enforcement of any of the ordinances of the said Village. Section 3. The Village Clerk shall be the Clerk of the Village Court and shall attend all sessions thereof. He shall have power to issue warrants, search warrants and other writs and processes in the absence or other disqualification of the Village Judge. He shall keep a docket in which shall be entered the title of all cases tried in said court, the nature of the offense charged, the judgement of the court and the fine or imprisonment imposed. He shall file and keep in his office the com- plaint, warrant or other process and all papers filed in any of the cases tried before said court. A copy of the docket, complaint, warrant or other process, and of any paper filed in any case tried before said court, and certified by the Clerk of said court as being a true copy of the original, under the seal of the Village, shall be prima facie evidence thereof and of the facts therein 26 • stated, and shall have the same force and effect in all courts as would the original. Section 4.. The said court shall have power and authority to preserve order and decorum and shall be vest- ed with the same powers to that end by fine and imprison- ment as are possessed by criminal courts of record in this State. Section 5. All fines, penalties and fees collected in the court shall be revenue of the Village and shall be paid over to the Tax Collector of the said Village on the day following the collection of the same, and his receipt therefor shall be taken. Section 6. N6 fine or other penalty imposed by the said court shall be remitted except by action of the Vil- lage Council, provided, however, that this shall not be construed as to preclude the Judge of said court from sus- pending sentence in any case tried before him. Section 7. Any person convicted in the said court of any offense shall have the right to appeal, as provided by law. ARTICLE VII TAXATION Section 1. The Village Council shall have power tto raise money by taxation for the following used and purposes: (1) For the general and incidental expenses of the Village government. (2) For lighting the public buildings, streets and other public places. (3) For the support and maintenance of a police de.. partment. (4) Ior the support and maintenance of a fire depart- ment. 27 :t «.__XX the support and maintenance of a Wa..tgic department; including a supply of water for the use of Village and its inhabitants, water for the extinguishing of fires; dater for public building and for other public (6) For regulating, repairing, maintaining and clean- ing the streets, highways and other public places. . (7) For the care, preservation and repair of public buildings. (8) For the relief of the poor; and for support or aid of any hospital in Palm Beach County. (9) For the payment of interest on the public debt; and for the payment of the principal of the public debt, as the same becomes due and payable. (10) For sinking fund payments required to be made under the provisions of any ordinance, resolution or other competent authority. (11) For the acquisition of land or any interest therein, within or without the territorial limits of the Village, for any public or municipal us.;, (12) For the construction, alteration, repair or equip- ment of any building for a public or municipal use. For the protection of the public health. For the enforcement of the ordinances of the For the construction and repair of sewers, drains and drainage ditches. (16) For the planting and care of shade or ornamental trees or plants. 28 •4(!FXX • • (17) For the purpose of paying any note or other obli- gation of the Village, with the interest. (18) For maintenance of a sewage system and for the dis- posal of garbage or other refuse. (19) For the acquisition of land necessary for any street, park or other public place and of any land or int- erest therein required or necessary for the construction of any sewer, drain or other public work* (20) For the construction and maintenance of street and other local improvements. (21) For the acquisition, construction, maintenance and operation of any public or municipal plant to supply the Village and its inhabitants with water, gas, electricity or other utility service. (22) For any public, corporate or municipal purpose. Section 2. On or before the first day of February in each year, the Village Treasurer shall submit a report in writing to the Council showing the financial condition of the Village as of the close of business on ecember thirty-' `first of the previous year the condition of all separate accounts, the amount of anticipated revenue for the next fiscal or calendar year, the amount of all outstanding debts or obligations which become due and payable in such year. Section i- ., On or before the first day of .F;171__A1' in each year, the Tax Assessor shall prepare and furnish to the Council the tax assessment roll prepared by him for the current year, which shall be based upon full cash market value. Railway and railroad companies and telephone and telegraph companies shall be subject to taxation on real and personal properties owned by them or operated within 29 =x� the Village limits in the same m.nnncr and at the same rate of valuation as all other property. Said assess- ment roll, from the time of its delivery to the Council, shall remain on file in the'office of the Clerk, or else- where as designated by the Council, and shall then be open to the inspection by any taxpayer. On or before the first day of April in each year, the Council shall adopt a resolution fixing and determining the amount to be raised by taxation in said Village for the current fiscal or calendar year. After the adoption of the annual tax levy by the Council, it shall cause a certified copy of said resolution to be delivered to the Tax Assessor, together with the tax assessment roll and certificate of the Board of Equalization of Taxes, and the Tax Assessor then shall proceed to assess and extend the taxes on the tax assessment roll according to and in proportion to the valuations entered therein; and when this has been done by the Tax Assessor, and on or before ,June %first in each year, he shall deliver the same to the Village Clerk who shall thereafter and before November first in each year certify and deliver the same, or a copy thereof, to the Tax Collector, which tax assess- ment roll or copy shall be the warrant and authority of the Tax Collector to collect and receive the taxes extended in said tax assessment roll. All taxes on real and personal property assessment in any calendar year shall be a lien thereon from January first of such calendar year, and all such liens shall be superior to all other liens or incumbrances, except the lien for County taxes,, with which they shall be of equal 30 dignity, and!such liens shall continue and remain until paid and satisfied. All personal property taxes shall be a lien upon the personal property taxed and shall be superior to the rights acquir- ed under any sale, assignment or chattel mortgage, levy, or lien upon any such personal property execut- ed or made after such assessment, except when such personal property is sold in the regular course of trade. Personal property taxes shall become delinquent and shall bear such penalties, and shall be enforceable in the manner provided by law with reference to County personal property taxes. All Village taxes shall be due and payable November first of the year in which they are assess- ed. Discounts for prompt payment of taxes shall be allowed as follows: Four (4) per cent. if paid in the month of November, three (3) per cent. if paid in the month of December, two (2) per cent. if paid in the month of January next following, and one (1) per cent. if paid in the month of February next following. To all taxes remaining unpaid on April first following the year when the same are assessed there shall be added and collected a penalty of (5) five per cent. 31 02 X X .y Section 4. On or before the tenth day of Flay in each year, but not earlier than the first day of May, the Tax Collector shall give notice of the sale of all real pro- perty upon which taxes levied and assessed during the preceding calendar year shall not have been paid. Such notice shall contain a description of each lot, tract or parcel of land to be sold, and shall specify the amount due thereon, together with the cost of making such sale, and shall specify the place where the said sale will be held, and the day and hour when the said sale will com- mence, and a copy of such notice shall be posted in at least three public places in said Village at least thirty (30) days before the day of such sale. At the time and place specified in said notice, the Tax Collector shall proceed to sell all the property specified in said notice, and such sale may be continued from day to day until all of such property shall have been sold. If any lot, parcel or tract of land shall not be purchased at such sale when offered for sale, the Village :•hall be deemed to be and shall be the purchaser; and a certificate of sale shall be issued to the Village or other purchaser, as the case may be, with respect to each lot, tract or parcel of land sold, and such certificate shall bear date as of the day of the sale. Such tax sale certificate shall bear interest at two (2) per cent.per month for the first twelve (12) months next following their date, and thereafter all such certificates shall bear interest at the rate of eight (u) per cent. per annum. I4o tax sale certificates shall be redeemed from the Village or sold or otherwise disposed of by it unless the full amount thereof, with 32 the interest, shall be paid, except as otherwise provided by law. Tax deeds shall be issued, executed and delivered to any persons, firms or corporations entitled thereto for property sold for taxes in said Village, and the general statutes of the State of Florida pertaining to the issuance and delivery of tax deeds shall govern and be applied, as nearly as may be, to the issuance and delivery of tax deeds in the Village with respect to property sold for taxes in said Village. Any person, firm or corporation, being the ow ner and holder of one or more tax sale certificates, shall have a lien against the real estate described in such eertifi- cates, as in the case of a mortgage, and shA17 be sub- rogated to the rights of the Village for the amount due thereon with the interest, and shall have the right to foreclose such lien and have the property described in each of such certificates sold for the satisfaction of such sum or sums as shall be due thereon. In order to enforce such lien, the relief shall be obtained in an action in the nature of an action to foreclose a mortgage, and the procedure shall be governed in all respects by the general laws governing and pertaining to actions to foreclose mortgages in a court of chancery, or other court of like jurisdiction of the State of Florida. Ser- vice of process and publication of notices shall be made in accordance with the provisions of said general laws governing the foreclosure of a mortgage; and in any such action costs shall be taxed as in foreclosure pro- ceedings, and such costs shall include master's fees and reasonable fees for complainant's solicitor or solicitors, and the Village, or any person, firm or corporation.hold- 33 ing two or more of such tax sale certificates shall have the right to foreclose the liens evidenced by any or all of such certificates in one action, and may join in any such action as defendants all persons, firms or corpora- tions interested in the lands described in such certifi- cates, and it shall not be necessary to institute a sepa- rate action to enforce each separate lien. In any such proceeding for foreclosure of a tax sale certificate or lien, the complainant shall have the right to bid and be- come the purchaser of any of the land sold. The purchaser of any property sold in such proceedings shall be entitled to a deed, indefeasible to all parties to such proceeding, and such deed shall be issued in the manner provided by the general laws of Florida for the issuance of a deed in an action to foreclose a mortgage. Where any real or personal property has escaped tax- ation, taxes may be levied and collected thereon for the years, not exceeding three (3), that such property has escaped taxation; and in the event that any tax assess- ment or tax sale shall be adjudged to be invalid or void for any cause, other than the power to levy a tax upon the particular property involved, a tax may be re -assessed, levied and collected during the current or the following -fis- cal or calendar year after the date when such tax or slle was :adjudged to be invalid or void for any cause, other than the power to levy a tax upon the particular property involved, a tax may be re -assessed, levied and collected during the current or the following fiscal or calendar year after the date when such tax or s:le was adjudged to be invalid or void. Section 5. In order to provide moneys for the ex-_ 34 xx Filed in Office Secretary of estate penses and support of the Village government during the first year of the existence of this municipality, the Village Council shall have power and authority to appropriate therefor, and for the costs and expenses incident to incorporation, such amounts. as it may by resolution fix and determine; and any and all such amounts so appropriated by the Council during such first year may 'be raised by taxation and be levied and assessed during the next calendar year, in addition to the taxes for that calendar year; and the Village Council 3hall have the power and authority to borrow money to an amount not exceeding such appropriated revenue upon notes or other obligations of the Village, bearing interest at a rate not exceeding six (6) per cent. per annum and payable not later than one (1) year after date. -ARTICLE VIII MISCELLANEOUS PROVISIONS Section 1. In case any one or more of the sections or provisions of this Act 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 sections or provisions of this Act or the application of such sections or provisions as to any other situation and it is intended that this law shall be construed and applied as if such unconstitutional section or provision had not been included herein. Section 2. The Village Council shall pass no law prohibiting the digging of wells in the Village. Section 3. All laws, or parts of laws, in conflict herewith are hereby repealed. Section 4. This Act shall take effect and be in full force from and after its passage and approval by the Governor, or, upon becoming a law without such approval. Became a law without the Govfeitgr's approval, AUG 131956 ,. ..l41rav, Sfentep al)451(47 bitkerti rorti ,d 1, wig ,al 77-- ,e3,tbc , -anzdr rea0y Chapter 31481, Laws of Florida, Extraordinary Session 1956, as shown by the records of this office. ti A COD W TRV 3y 4 l alead e � Aupust A;a?, 21st Ag 56 . • • OATH OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared CHART,FS A. CUNNINGHAM, who took and subscribed before me the following oath: I, the above named CHARLES A. CUNNINGHAM, do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per— form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. Sworn to and subscribed before me this,/y4day of 1956. N Mr Public, State of Florida at Large My Commission Expires: /—SVIP (Notary Public Seal) vgia,2,24 6L RiUt.r�0 Charles A. Cunningham • • • • OATHS OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared JOHN A. SCHWENCKE , who took and subscribed before me the following oath: I, the above named JOHN A. SCHWENCK do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per- form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me jaktZ-Y Jo�,,t A. 3chwencke Sworn to and subscribed before me this 14th day of September , 1956. N ary Publie, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared JAY A. WHilh , who took and subscribed before me the following oath: I, the above named JAY A. WHITE do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per- form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. Sworn to and subscribed before me this 14thhda/y of September , 1956. / Public, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) 16 OATHS UNDER SECTION 876.05. FLORIDA STATUTES I, RICHARD E. ROSS, a citizen of the State of Florida and of the United Statesof America, and being employed by or an officer of the Village of North Palm Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or in- fluence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or in- directly, the overthrow of the Government of the United States or of Florida by force or violence. Richard E. Ross Sworn to and subscribed before me this 14tbaay of September, 1956. Not -Public, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) I, JOHN A. MacARTHUR, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of the Village of North Palm Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or influence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or in- directly, the overthrow of the Government of the United States or of Florida by force or violence. John A. MacArthur Sworn to and subscribed before me this _ day of . 1956. Notary Public, State of Florida at Large my Commission Expires: (Notary Public Seal) OATHS UNDER SECTION 876.05. FLORIDA STATUTES I, JOHN A. SCHWENCKE, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of the Village of North Palm Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or in- fluence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence. Sworn to and subscribed before me this 14th day of September. 1956. No Public, Public, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) jelS . hn A. Schwencke * * * I, JAY h1. WHITE, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of the Village of North Palm Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or in- fluence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence. tifWhit�/� Sworn to and subscribed before me this 14th day of September. , 1956. Nktary Public, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) OATH UNDER SECTION 876.05. FLORIDA STATUTES I, CHARTFS A. CUNNINGHAM, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of the Village of North Palm Beach, Florida, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution .of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or influence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member, of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence. Sworn to and subscribed before me this /14 day of X tied1956. 2(• N ry Public, State of Florida at Large My Commission Expires: (Notary Public Seal) 99-.f.f'7 � '-I .octo24 fie' @ AA AA Charles A. Cunningham C • OATHS OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared RICHARD E. ROSS , who took and subscribed before me the following oath: I, the above named RICHARD E. ROSS - do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per- form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God Sworn to and subscribed before me this 14th day of September , 1956. N Public, State of Florida at Large My Commission Expires: 9-5-59 (Notary Public Seal) Richard E. doss • Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared JOHN A. MacARTHUR , who took and subscribed before me the following oath: I, the above named JOHN A. MacARTHUR do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per- form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. Sworn to and subscribed before me this day of , 1956. Notary Public, State of Florida at Large My Commission Expires: (Notary Public Seal) John A. MacArthur . • • OATHS OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared ALBIN R. OLSON, who took and subscribed before me the following oath: I, the above named ALBIN R. OLSON, do solemnly swear that I shall faithfully and impartially execute the duties of the office of Village Manager of the Village of North Palm Beach according to the best of my ability and understanding. Albin R. Olson Sworn to and subscribed before me this day of 1957. Notary Public, State of (Florida at Large. My commission expires p� 9. /9%, (Seal) Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared WALLIS E. SCHULLE, who took and sub- scribed before me the following oath: I, the above named WALLIS E. SCHULLE, do solemnly swear that I shall faithfully and impartially execute the duties of the office of Village Judge of the Village of North Palm Beach according to the best of my ability and under- standing. �2 .uOg> Wallis E. Schulle Sworn to and subscribed before me this 1Vt day of Slpte mb¢r, 1957. • Ce----a, )1DS.o h . Notary Public, State of Florida at Large. p My commission expires s1ptAk .Z%.\1 n s (seal) • • • • OATHS OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared HERBERT A. ROSS , who took and subscribed before me the following oath: I, the above named HERBERT A. ROSS do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per— form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. 7 Herbert A. Ross Sworn to and subscribed before me this 6th day of June, 1957. Notary Public, State of Florida at Large My Commission Expires: 2..$ A p':\,"gbt (Notary Public Seal) Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared L. STANLEY de VILLERS , who took and subscribed before me the following oath: I, the above named L. STANLEY de VILLERS do solemnly swear that I will support and protect and defend the Constitution and govern— ment of the United States and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Consti— tution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. Sworn to and subscribed before me this 17th day of June, 1957. Notary Public,State of Florida at Large My Commission Expires: (Notary Public Seal) 2.% RrAk,W.t VIA-4, a kat L. Stanley de'Villers • • • • OATHS OF OFFICE Before me, the undersigned officer authorized to administer oaths under the laws of the State of Florida, personally appeared Norman D. Rowland , who took and subscribed before me the following oath: I, the above named NORMAN D. ROWLAND do solemnly swear that I will support and protect and defend the Constitution and government of the United States and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State of Florida, and that I will faithfully per- form all the duties of the office of Councilman of the Village of North Palm Beach, Florida, upon which I am about to enter, so help me God. Sworn to and subscribed before me this 12th day of August, 1957. c1/4931"; s . visa.,.. Notary Public, State of Florida at Large My Commission Expires: P Qs\ t8 %'t 1L (Notary Public Seal) Norman D. Rowland