HomeMy WebLinkAboutChapter 31481, Laws of Florida, 1956 CharterChapter 31481, Laws of Florida, Extraordinary Session 1956
(House Bill No. 102-)0X)
CHARTER OF THE VILLAGE OF NORTH PALM BEACH
[HW 1tF 31181
f-/a&c.� /i//
AN ACT PROVIDIG FOR THE EJTABLISH,4NT AND CRE-
ATION OF A MUNICIPALITY TO BE KNOA A5 THE
VILLAGE OF NORTH PALM BEACH, FLORIDA; DEFINING
ITS TERRITORIAL BOUNDARIES; PROVIDING FOR ITS
GOVERNMLNT, JURISDICTION AND POt;ERS, INCLUDING
THs PO`rIER AND PROCEDURE FOR ANNEXING CONTIGUOUS
TERRITORY BY ORDINANCE; PRESCRIBING THE POWERS,
DUTIES ANI) AUTHORITY OF ITS OFFICERS; PROVIDING
FOR OTHER PURPO:$ S ; AND REPi:,ALIP+G ALL LAWS AND
PARTS OF LAMS IN CONFLICT HEREWITH.
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".
ART1CL:; 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; thence 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 of 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
;4r*2-xx
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 $; thence easterly, along
the north line of said Section $, to the northwest
corner of the East Half of the West Half of the
Northwest Quarter of the Northeast Quarter of said
Section $; 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 $; 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 West 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,al.ong 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 $
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 shorn on Florida State Road Department's right
2
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 8, 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 County Florida;
thence easterly, along the south line of said
Marshall Morton Estates, to the east boundary of
said Marshall Morton Estates at the waters of a
lagoon; thence northerly, along the easterly boundary
of said Marshall Morton Estates and along the waters
of said lagoon, to the north line of said Section 10,
thence easterly, along the north line of said Section
10, to the waters of the Atlantic Ocean; thense
doutherly, 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 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. 17,146, 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 lire of
Government Lot 1 of said Section 21; thence wesee y,
along said easterly extension, across Lake Worth
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 par:el 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".
3
ARTICLE III
GOVERNI•iENT
Section 1. The government of said municipality shall be
vested in a governing body to be kriov,n 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 :'weer
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
electefi 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 Cot
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
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 mole 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 th- third Tuesday in March of each succeeding year a general
eleL.ion 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 evf
years and Councilmen in Groups 2 and 4 shall be elected in
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. ?t the election to be held in
March, 1960, Councilmen in Group:. 1, j 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
► _2,, A
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
Tuesd4y. 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
ballet, and be voted upon, only the names of the two person: •e-
ceiving the highest vote cast for such office or offices.
Section d. Each person appointed or elected as a member
the Village Council of said municipality, before entering upon
the discharge of the duties of the office, shall cake and sub-
scribe the following oath before some officer authorized to ad-
minister oaths ender 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
i.,�� •_ X
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 I will faithfully perform all the
duties of the office of Councilman of the Village of North Palm
Peach, 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 Mcnday 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-
pointedand qualified.
'ection 10. At each such organization meeting the Village
Couy, it may also appoint a Village Treasurer, a Tax Assessor, a
Tax •.ollector 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 by, 11
subject to the pleasure of the Village Council.
Section 11. Every appointive Village officer shall tc
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 o vacancy in any elective
office, the Village Council, or so much of it as shall remain,
7
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 havp 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.
Section 13. Any member of tic Village Counci]..of the
said Village may be removed from 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 rich t 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 charg.ad is of such nature
and gravity as to constitute a ground, or cause, for the
removal of such official, the Council shall thereupon sot a
date for the hearing of the said complaint and direct the
chief of police, or some other officer of the Village, to
gig', .;he official so charged written notice of the date of
tr•1 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.
70'7 h X
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.
erection 15. The Village Council shall have the er
to require the Village Clerk, Treasurer, Tax Collector ._d
other officers, including its own members, before any of them
enters upon the aities 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 rea:)lution book to be provided and kept for
„hat 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 t.r-
tified by the Village Clerk under the Corporate Seal r the
Village, shall be received in evidence in all cou.•ts
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.
Se:tion 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 5 0 xx
be necessary to adopt any ordinance, resolution, order or
vote. No member shal] be excused from voting except on
matters involving thc; consideration of his official conduct
or when his financial interests are involved, in which case
the affirmative vote . 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 or zance, when introduced, shall be read in full
but upon consideration of any ordinance on second and final
reading, if not amended, it may be read k t:`.tle only.
Every ordinance, upon its adoption, 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 sigr. 1
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 ably
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 of the
12 t b :T _ }C
State of Florida governing elections and shall have resided
within the territorial limits of the Village of North Palm
Beach, Florida, for six (u) 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 municiliaiity except in elections limited
to qualified electors who are freeholders residing within
the Village.
13
Jf 1'l� ii. 1V
VILLAGOF ICI S
Section 1. The officers of the municipality shall be
a Mayor, a Vice -Mayor, a Villaze Treasurez•, 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
government but shall be subject to the direction and super-
vis_on of the Council. The Manager shall be chosen solely
oii 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 th,
pleasure of the Council.
Section 2. The Mayor shall be the chief executive o:._ er
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 '' 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 a 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;
,ir,.d 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 offico -`1en-
elrer required so to do. The Treasurer shall deposit fun of
the Village in such banks or trust companies as the Coun.
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. _h
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
sup% taxes, assessments or other charges which are liens upon
lL-.nd. At any time, upon demand of the Mayor or the Village
t,c,uncil, the Tax Collector may be required to furnish a report
setting forth detailed information pertaining to his office•
Section $. The Village Treasurer, the Tax Assessor, the
Tax Collector, the Village Clerk or any other officer of e
Village, except the Mayor or Vice -Mayor, may be removed f
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 contained 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
c"f:fiver 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
fully and completely unless prohibited by or contrary
to the provisions of this Act.
Section 2. No person, firm or corporatioh shall
institute any action for damages against the Village
with.)ut having first filed within thirty (30 ) days
from the date of the 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 including
actions ex contractu, shall be barred unless instituted
within one year from the date of the accrual of the cause
of action.
1$
_x><
;e.,.i•�.. ;.� ..,_.r,. __i . „. l,._ 'ei y e-tabl.i 6hud shall
have oowc,r:
(1) To raise annually ty tk,xo.ti on such sums as the
Council shall deem necessary for tho lawful purposes of
the Village provided thet 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.
(fa) 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 reray-
ment of any money it is authorized to borrow.
(6) To provide for street lighting, fire hydrant:
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 hir,hway 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 estate 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 t'ranchises 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 gas, 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
r ility, and further providing no such franchise. shall contain
y►y 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 illuminat! 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
(1_6) i',., r• !..
( 1 7) 'I'o 1' i .: i:.rrir, I ;. ec to he i k:posed upon offenders in
convicition of violating any of the ordinance^ ,,I' the Village;
provided, however, that no penalty shall exceed a r'i.ne of
Five Hundred Dollars (,;500.00), or imprisonment in the Village
jail or at hard labor on the streets or other work of the
Village for a period not exceeding ninety (90) days, or both
such fine and imprisonment.
(18) To establish, regulate and maintain a fire depart-
ment and a system of fire protection.
(19) To establish, regulate and maintain a police de-
partment.
(20) To pay out, open and maintain public streets, roads,
parks or other public places, and to cause any public streets,
road, highway or alley to be vacated, widened, extended or other-
wise changed as to its boundaries or location; 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-
div4 LLng land shall put in and construct streets, sidewalks,
w: i.' r mains or other utilities according to the Village speci-
flcations 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 plat.;.
(21) To cause sanitary and storm sewers and drains t' be
constructed and maintained together with sewage disposal ai.
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
21
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
linos 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 16w.
(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 wunicip:lity 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
Lei orial 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, ,,:etered or bottled gas, telephone service, elect, c
current and water and similar services within the Village
provided by genera'_ 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
de:1g11 for one or f ':,r..` ic1io'.+'J.ng purposes: To
lessen con cstion in the z tre .ts, 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;
an o avoid undue concentration of population. Such
regi lati_ons 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 charge a reasonable fee for the
use thereof, or to restrict the use thereof to property
owners in or residents of said Village.
74
ARTICLE VI
VILLAGE COURT
Section 1. There is hereby established in the Vill ge
of North Palm Beach, Florida, a court to be known as the
"?Village Court of North Palm Beach". The said court and
judge thereof shall have jurisdiction, power and
al )rity 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 event of the absence, disability or disqualifi-
cation of the said judge, the Council shall have power
to designate, by writinL filed in the office of the Vil-
lage Clerk, aome suitable portion having the qualifications
aforesaid to act during the absence, di ,ability or dis-
qualification of the Village Judge.
Section 2. The said judges shall have pourer, by
warrant, to have brought before him any person or persons,
charged with the violation of any ordinances of the Vil-
lage, and shall have exclusive eriktinal jurisdiction over
all such proceedings. In the proper e mereIte of the
functions of said court and within its jurisdiction as
hereby defined, the judge of said court 6ha11 h6v0 power
and is hereby authorized to issue and cYuse to be served
by any police office of said Village:, constable or deputy
sheriff of the County of Palm Peach, any And all wz''its,
warrants, search warrants and other processes necessary
25
for the actection and !lunishincnt of violtion of any of
the ordinances of the said Vi11&u e, .and the police of
the said Village are h4'reby 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
f: s to appear, to declare any bail or other security
as '.streated; 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 origil-1, under the seal of the Village, shall be
prima facie evidence thereof and of the facts therein
26 C ?
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. No 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 to
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-
pr.rtment.
(4) F'or the support and maintenance of a fire depart-
mc:nt.
27 • r x
(5) For the 11port and maintenance of a Wat@k
department;
Village and
iheluuing a supply of water for the use of
it§ inhabitants, water for tho extinguishing
of fires; Water for public building and for other public
purposes.
(6) For regulc,ting, 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 aay interest
therein, within or without the territorial limits of the
Village, for any public or municipal
(12) For the construction, alteration, repair or equip-
ment of any building for a public or municipal use.
(13) For the protection of the public health.
(11+) For the enforcement of the ordinances of th'
Village.
(15) For the construction and repair of sewers, drains
and drainage ditches.
(16) For the planting and care of shade or ornamental
trees or plants.
2.8
•
Po
(17) For the pur..oso 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, electrici y
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 December 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 3. 0n or before the first day of February 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
the Village limits in tho sam.:2 r ::i i 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
Co: cil shall adopt a resolution fixing and determining
the a;:ount 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, lnd all such liens shall be
superior to all other liens or incumbr_inces, except the
lien for County ta.es,. 'rith 1,rhicli 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
enforceable in the manner provided by law with
i ''erence 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
ti ' X X
Section 4. 0n or iU._:forn the tenth day of May 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 yaar 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 .;here 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
eirtht (8) par cent. 7err annum. Igo tax sale certificates
shall be redeemed from the Villae or sold or otherwise
dispos:Jd of by it unless the full amount thereof, with
32
tho .I.nt'., . L st, .:I1.,t11,..:i otherwise provided
by law. Tar: d:io!3s .:lisl) bo issued, ox_ocutcd and delivered
to any persons, fir..:;, o.c 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
noarly as may be, to the issuance and delivery of tax deeds
in the Village with r€ pect to property sold for taxes in
said Village.
Any person, firii or corporation, being the owner and
holder of ono or more tax sale certificates, shall have
a lien against the real estate described in such certifi-
cates, as in the case of a mortgage, and shall 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 lion and have the property described In
each of such certificates sold for the satisfaction of
such sitm or stuns as shall be duo 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 tho 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. Se!. -
vice of process and publication of notices shall be ma,
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, 1'i.rm or corporation hold-
33
•
-x x
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 intere::ted in the lands described in such certifi-
cates, and it shall not be nocesary 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 la.:rs of Florida for the issuance of a deed in
an action to foreclose a mortgage.
Jhere 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 sale
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
pcnses 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 Lo the taxes for that calendar
year; and the Village Connc i I :;ii:all 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 shill pass no law prohibiting
the digging of wells in tite 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 overnor, or, upon
becoming a law without such approval.
Became a law without the Govjvpor's approval,
Filed in Office Secretary of .tate AUG 131956
ilk ______,
'_a.
,_,.- IR A 6 r av,
to herein' ant flt.fir.�r `��i. a �rwrrrrr/ r� rir��rr pril./n; s-nrrr�!ce ,c �,�"
Chapter 31481, Laws of Florida, Acts of 1956 Extra-
ordinary Session, as shown by the records of this
office.
1
(01,eiewirrivv;r7--4/reiwr/d/Z-(:‘eret,_.7eadeA
a ,,/ 24th 47- 1 October
I