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Chapter 31481, Laws of Florida, 1956 Charter Chapter 31481, Laws of Florida, Extraordinary Session 1956 (House Bill No. 102-XX) CHARTER OF THE VILLAGE OF NORTH PALM BEACH CHAPTER 31481 House Bill 102-XX AN ACT PROVIDING FOR THE ESTABLISHMENT AND CREATION OF A MUNICIPALITY TO BE KNOW AS THE VILLAGE OF NORTH PALM BEACH, FLORIDA; DEFINING ITS TERRITORIAL BOUNDARIES; PROVIDING FOR ITS GOVERNMENT, JURISDICTION AND POWERS, INCLUGIN 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 HEREWITH. Section 1. Tne territorial limits of s~.iid municipality are hereby defined and shall be as follo:•rs: Beginning at the intersection of the waters edge along the west shore of Lake; 'tiVortr:, with the south line of Government Lot 1, Section 21, Toi,rnahip 42 South, f3ange 43 Fast, Palm Beach County, Florida; thence westerly, along the south lime of said Government Lot 1, to the southwest corner thereof; thence north- erly, along the west line of said Government Lat 1, to the northwest corner thereof and a pol.nt in the north Line of said Section 21; thence westerly, along the north line of said Section 21 and along tY,e; north line of Section 20 of said Tovmship and Range, to the southeast corner of the ':Jest Half of the Southeast ~.~uarter o.f the Southwest quarter of the Southeast ~uart~:r of Section 1'], said To~•msi~ip and Range; thence northerly, t;long the ea~~t line o1' s:~.id ;^Jest Half of the ::iouthe~ast ~uart'r of the Saute-west ~~uarter of Lhe South- east Juorter, to the northeast corner thereof; thence .resterl.y, along r,hc north line of paid ldest Half of the ~outht?ast Quarter of the SouLh~~,~~:~t quarter of the South oast Qu,3rter, and alo.-~i; thQ north line of the ,j ~'? . }~ ~,r . /~ Southwest Quarter of the Southwest Quarter of the Southeast Quarter, to the north~~est 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; thencF.~ northerly, along the said north and youth quarter section line of Section 17 and along the north and south quarte*• section line of Section $ of said Township and Rang© 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 ling of said East Half of the Nest HaJ.f of the Northwest Quarter of the Northeast Qriarter, to the southwest corner thereof; thence easterly, along the south lira 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 ttla Northeast Quarter of said Section $; thence so~itherly, along the west line of said East Half of thQ Northeast Quarter of the Southwest Quarter of the Northeast Quarter, to the southwest carnet 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 1$5 feet south of the north line thereof; thence easterly, along said parallel line, to the waters of Prosperity Creek so palled; thence northerly, along the waters of sad Prosperity Creek, to the north ]_ine of said North- west Quarter of the Southeast Quarter of the North- east Quarter; thence westerly,al.ong the north line of said Northr~rest 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, tc the northeast corner thereof; thence westerly, along the nortYi line of said South- east Quarter of the Na;~*.hwest Quarter of the North- east Quarter . to the r,or`thwast corner the reef • thence northerly, a~.ong the east line of the East Ha~f of the Northi~rest, Quarter of the Northwest Quarter of the Northeast Quarter, to tt-~e northeast corner thereof and a point j.n the nartYi line of said Section $; thence easterly, ~-lang the north line of Sections $ and 9 of said Township and !lange, as shown on Florida Inland Navig~~tion District' .s right of way map on Pa es 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 F~oad ?`lo. 5 (U ~ S, Highway No. I), as sho~m on I+lorida State Road Departmentts right of way map recorded iii ~i;ata and County Road Plat 3ook 2, Pages 43 to 56, inclusive; thence northerly, alon; the center line of said State Road No. 5, to its intersection with the north line of Government Lot $, Section !~ of soil '1'owns.'~ip and Range; thence easterly, along the north lire of said Government Lot $, to the waters of Lake lti'orth; 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 I~, as shown on plat of Semtnole Beach recorded in Ylat Book 22, Page 3?, Yublic Records of Palm Beach County, Florida; thence eouther].y, al.oilg said southerly extension, to a point in the westerly extension of thr; north line of Section 10 of said Toraiship 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; „lienee southerly, slung the waters of Lake Worth., to the south line of the Marshall Morton Estates, .according to the replat thereof recorded in Plat Book 21~ Page 1, Public Records of Palm Beach County F~orida; thence easterly, along the south line of sad Marshall Morton Estates, to the east boundary of said Marshall Morton Estates at the waters of a lagoon; thence northerly, along the eastgrlp boundary of said Marshall Morton Estates and along the waters of said lagoon, to the north line of said Section 10~ thenco easterly, along the north line of said Section 10, to the waters of the Atlantic Ocean; thence doutherly, along the waters of the Atlantic Ocean, to a point in a line parallel to, and $,000 feot 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 Floritla~ to Lake l~lorth Realty Co. a Florida corporation, by Trustees Deed No. 17,1~.~i recorded in Deed Book 205, Page $2, Public Records o~ Palm Beach County, k'lorida; thence southerly, along said westerly boundary, to a point in the easterly extension of the south lire ~f Government Lot 1 of said Section Zl; thence wes~e .y, -- along said easterly extension, across Lake Worth the point of beginning, at the water° edge on the ,, west shore of said Lake l''orth. EXCEPTItJG from the above described area the follotit- 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, Fange t~3 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 YJest to stake and r;,cks on bank of Lake Worth; thence North fo~zr chains to stake and rocks; thence East to point of beginning, containing 5 acres". R r ~:~ ~ x AF~'c ~-c ~.F, ~ z Section l~ 'The government of Said municipality shall be vested in a governing body to be kr~ot•,n as "Village Council of Narth Palm Beach", sometimes herEinafter• referred to as the Village Gouncil. Such Council shall be composed of five members to be called Councilmen„ Section 2. No person ahali be eligible to any eleetiv~ office of the said municipality Lin 1633 he shall be over twenty- one years of age and a registered voter of said runicipality, and Ltnless 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 provis.'.ons of this Act, and until their successors shall be electe~a and qualified, Group 1 Richard '~'+ Ross Group 2 John A. MacArthur Group ? Jay A. Whit~a Group 4 John A. Schwencke Group 5 Charles A. Cunningham are hereby appointed as and to be members of the Village Cau ' 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 he Mayor of said municipality and another of its members as and to be the Vice-2~ayor of said municipality, and shall also appoint a Village Treasurer, a Tax Assessors 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 marnber of the Village Council 4 shall be eligible to hold any one or mare of the said offices and any one person may be appointed to hold any one or mo-e of the said offices. Section 5. The Niayor and Vice-:Mayor appointed, as herein- above provided, shall each hold office until his successor steal 1 be elected in accordance with the provisions of this Act and shall qualify; and the pFraon 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 blarch~ 1959, an election by the qualified electors of said municipality shall be held to elect members of the Village Council to succeQd the members whose appoitrtment expires in 1959 as provided for herein and thereafter on tt:~.- third Tuesday in March of each succeeding year a general ele~.ion shall be held to elect successors to the members of the Vii~.3ge Council whose terms of office shall then expired Section 7. The selection of members of the V311age Council shall be by groups to be known as Groups 1, 2, 3, 4 and ~. The Councilmen in Groups 1, 3 and 5 shall be elected in the evE years and Coi~iicilmen 1n Groups 2 and 4 shall be elected in ~~dd years. At the first annual election to be held in March, 1959, Councilmen in Groups 2 and !r 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 Pdarch, 1960, Councilmen in Groups 1~ 3 and shall be elected to a two-year term to expire in 1962 when Councilmen in said groups shall to 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 o£ Councilmen shall commence on the first I~Sonday in April and shall continue for two years thereafter acid 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 ttie 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 betw.ee:~ candidates receiving the highest number of votes cast for any office, the names of all such tied candidates shall be plahed on the ballot and be voted upon r,': an ensuing runoff election to be held un the succeeding Tuesc:~ay. Such election shall be held in the same manner and by thr; Mme officers holding the previous election. No notice need be given of such election or of any other election hereunder. In the evert 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 oi'fiees. Section 8. Each person appointed or elected as a member tii - - 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 cinder 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 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 LaMra 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, go help me Godn• This oath may be spread upon the minutes of the Village Council• Section 9. The members of the Village Council elected pursuant to thin Article, shall meet for organization immediately following their qualification on th9 first Manday in April next; following the date of their election and at said meeting the Villag© Council Shall, by resolution, appoint one mambar a Mayor and another a Vice-Mayor of the Village, each of whom shall hold ouch office for a term of one pear and until hig successor shall be ap- pointe~' and qualified. '~etion 10. At each such organization meeting the Village Cour;;il Aay also appoint a Village Treasurer, a Tax Assessor, a Tax •_ollector and a Village Clerk. The officer or officers eo appointed shall ordinarilq hold office for a term of one year and until their successors are appointed and qualified br~: 11 aub~ect to the pleasure of the Village Council. •---• Section 11. Every appointive Village officer shall to -___ 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 hie -'_'= ability and understanding, which may be filed with the Village Clerk and aprersd upon the minutes of the Village Council. Section 12. I~' trere shall be a vacancy in any elective office, tha Yi11agH Council, or so much of it as shall remain 7 (-~ -?~X shall have power, by resol~.~tian, to fill such vacancy by the appoinLrrent of a sl.iitabl~: person to hold such office until the next general election and until his successor shall be elected acid qualified. If by reason of abs~:nce or disa`_,i.].ity, ~~ny officer of the 'Jillage is unable to perform the {~ut:ies of his office, the Village Council shall have the power, by resolution, Lo 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. tti~a..~ x >ection 13. Any n;emUer of t~~c Village Counci] ~of the said Vil].at;e n,ay be x•emove~i frour office and deprived of the right to serve as such official for misfeasance, nonfeasance, malfeas~.nce or any conduct of ar. immoral or crirlinal nature committed while hol.din~~ office; but, before any such official shall be remuveri and deiQied the ri~;lit to perform his official duties, a written complaint shall be filed with and presented to tt~c~ Vil.la~;e Council by some citizen nr 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 deterrnin© that the offense charg~~d is of such nature And gravity a.3 to constitute aground, or cause, for the removal of such official, the Council shal]. thereupon set a date for the hearing of the said complaint and direct the chief o.f police, or somQ other officer of the Village, to git~~ .;he official so charged written notice of the date of tr~ • 1 and also deliver to ]aim a copy of the complaint so Filed. Upon the trial of suct~~ complaint, testimony shall .:.. by heard by the Council, both in support and i.n defense of ,..= the charges madE, and both the compl.iinant and defendant ' shall have the right to be represented by counsel; and, if "; a rna,jority of tore members of the Council present At such ,•: he3rin~, shall find and determine that such official is guilty of Dither or ~zl.t of the offenses as cl~ur~,ed in the complaint, tho Council shall thereupon Adapt a resolution romoving such official and depriving him of the riF~lyt to perform his official duties and declaring hie office vacant; cxnd the said official shall no lanF;er have the privilege of performing his official dutie9, his office shall bo va.cated and hie successor shs11 thereafter be selocted in the manner providod herein. 9 Upon any trial under the provisions of this section, all ~:~itnesses small give t~stirrony under oath and a.ny mem- ber of the ~GU.I1C11 ,~rescia. ~.t such hearing, or the P~"~ayor, or the Villa~c3 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 tharefran, to deliver to his suc- cessor in office, or to such person as tkie 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 1~. `fhe Village Council shall have power to employ and retain an engineer end an attorney a.nd to app- oint or amnloy such additional officers, assistants and employees as the business of the municipality may require, and it shall have the po;:er to fix and determine the au- thority, duties and compensation of all elected and app- ointed officers, assistants and employees, but the compere- . _ .,, sation of an elected officer wkrich has been so fixed shall '+"~ not be increased during his term of office. •-••~ erection 15. The Village Council shall have the ar ~__._ to require the Village Clerk, Treasurer, Tax Collector _d =_= other officers, including its own members, before any of them en~Gers upon tho cities 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 failuro to give the same it may deelare such office vacant. Sectioh 16. `f he Village Council shall be the fudge of the election and qualification of its ~n~~mbors, shall have power to determine and establish the rules Uoverning its own ':~~ ~~ 10 proceedings and to determine the time ~tnd 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 tho Village Council. All meetings of the Council shall be open to the public and-the rules of the Council shalt provide that the citizens of tha Pillage 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 abs-:nce th© Vice-Mayor, shall preside at all meetings of the Council and the Village Clerk shall be present at all meofings 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 bo provided and kept for that purpose, all ordinances. He shall preserve sad maintain in a resolution 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 ViZfage Clerk. Copies from said ,,;, minute book, ordinance book or resolution book, duly c.r- yy: tified by the YilZage Clerk under the Corporate Seal ~ the . ~ ~ °' Village, sha12 be received in evidence in all cou: is a~~.. --J places as proof thereof. The Village Clerk shall certify .-.-- and keep a record of all pern-its 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 timo to time and compels the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a ma3ority of the members present at any meeting shall it ~' ~!`c' X~G be necessary to ad~~~t ar~y uruirrr~nc~, resolution, order or vote. I'~To member sr:~:l.] be e~:ctised from votirrg except on matters involving thi; consideration of his official c~~nduct or when his financial interests are involved, in which case the affirntiative vote a majority af. the members voting shall be necessary for tt,e adoption of any ordinance, resolution, order or vote. The enacting clause of all ordinances shall be: nBe It Ordained by t}re Village Council of North Palm $eaeh, Florida" . Unless a}proved and subscribed by the five members of the Village Council, r.o ordinance shall be adopted t,rntil ten (10) days after the introduction of such ordinance. Every or zance, when introduced, shall be read in full but upon consideration of any ordinance on second and final readin};, if not amended, it may be read k t'.tle only. Every ordinance, u}pan its adoption, shall be signed by she h'iayor and by the Village Cler}: and when so signed it shall become effective then, unless otherwise provided there- in . ~-~~ Before introduction, all ordinances and resolutions ~•~_ shall be reduced to writing. Resolutions shall be sign 1 ---- by the Mayor and by the Village C1erlc. "_ Section 1$. Every resalution which shall be sued by all members of the Villas*e Council shall be valid and as _~ effectual as though passed by unanimous vote at a lily called regt.tlar meeting of the Village Council. Section 19. The Village Council shall, by ordinance, provide f'or and re~;~ulate the registration of voters and the conduct of elections. Section 20. Any person who shall possess the qualifications of an elector under the general laVrs of the 12 ^~~y ~ ~ h ;hate of Fl~ricla ~ovei~ninb elecLi~>>n•~ ~. ncl :hall have resided within the territori~•I lirnits ci t.t~e Vi 17.<~ge of North Palm Beach, Florida, for six (u) r~v;~ths l~rec~din6 the election and shall have registered in accordance ti•rith the ordinances of saj.d Vi1J.a~e shall be entitled to vote at any reunieipal election of the said munici~~~~.ii t•~ <xce~;t in elaetions landted to qualified electors ~~:ho arE Cre.eholc?ers residing within the Vilia~e. 13 ,~.~ti' i C ~,~~: I V VILLh.G:~ UI'r'I~Lr~S Secr,ion 1. Th.' of t'ict.rs of tha rnunic~ t,ality shall be a P~layor, a Vice-I.9ayor, a Vi11a~e Treasurez•, a Tax Assessor a Tax Collector, a Village Clerk (~nc~~ shall also be registra- tion officer), a Judge of the Village Court, and such other officars as fray be provided for by law or by the Village Council pursuant to the authority Conferred by this Aft. Ttie Village Council. shall. have th© po~~rer and authority to employ or appoint some person or vne of its own members as a Village bTanager and to prescribe his powers and duties. The Marrager shall be the administrative head of the municipal ggvernment but shall be subject to the direction and super- vir~_ ~.~n of the Council. The Manager shall be chosen solely ~:i the basis of his executive and administrative qualifica- t~c~ns and he need not be a resident of the Village. The I~Iana~;er shall receive such compensation as shall be fixed by resolution of the Council and shall hold office during t~h~ pleasure of the Council. Section 2. The Mayor shall be she 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 wit}~ the aid cf the Manager, if' any. In case the Council shall provide for a Viila~~e Chief of Police, sack person shall attend to the proper and effective enforcernerit of the laws ~md ordinances of the Villak-;e un:ier tilc ~ ~~: ~~rall supervision of thq Council .- _~x 1!~ Section 3. The Vice-i•layor, in the absence or durin,:, the disability of the I~;uyor, s-_lall have all of the powers and duties of the Mayor. Section 4. `Z'he Villa e Clerk shall be the registration officer and shall, in addition to the duties wt:ich are or may be required by him by this Act or by any law of the State or by any ordinance of the said municipa.ity, have the custody of all the general records, books and documents of the Village dnd 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 Cauncil, all fund, bc-lontTin~; to or under the control of the municipality; shall keep an accurate accoturt of all receipts acid disburse- ments in such manner n:~ the Council shall direct. The treasur- er shall annually, orl or befure the first day of February, furnish to the Mayor and to the Council a full report of the rF~r~ei~+ts and disbursements during the preceding calendar year; ,,rd 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 offic;:~hen- e~rer 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 Va.llage funds shall be numbered consecu- tively, and ahall be sinned by the Treasurer unless otherwise provided by resolution of the Council, and no money shall be paid except by check, unless expz•ess 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. :„as _.h~~ 15 Section ~. It shall be the duty of the Tax Collector to collect and receive all moneys di.ie to the Village whether for taxes, assessments or othervrise; and tie shall keep an itemized account of al.l such moneys in books to be ,provided for that purpose, wherein shall be entered tt~e 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 `tillage collected or received by him during the preceding fiscal year, together with a statemer-t of the manner in which said moneys have been disposed of by him, and shall furnish a copy thereof to the Mayor znd to the Council on or before the first 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 l~.nd. At any time, upon demand of the Mayor or the Village t:c~~.zncil, the Tax Callector may be required to furnish a report setting forth detailed information pertaining to his office. ~ection $. 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 notVrithstanding. 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 Nlayor shall within fifteen (15) days thereaftE~r, deliver to the Village Clerk a specification in writing of the charges pre- ferred to the officer suspended; and it shall be the duty of tho 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 bq heard with his witnesses. if upon such hearing tt~e Charges preferred against such officer shall not be sustained by the Council, the officer shall be ther©by Immediately restored to office unless the Council shall decide tq terminate the services of such officer far 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 Pillage '" Council. ARTICLE V tFL1NICIPAL PQV11'sRS :-~-= 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 pex~y~tual existence and may sue, b© 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 1~ a{~~--~CX Tully and comr~letely unless prohibited by cr contrary to the provisions of this h.ct. Section 2. Igo person, firn- or corporation shall institute any action for damages against the Village without 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$ ~ "7 .;c>=..i~.. ~. _'i._ .,...:i; __i ', ~ ~_ ,. ~~I,y ~~t~.l~J.i ~lic,d shall have ont:cr: (Z ) Tv raise: a:,::uaily k;y t~.:.c ti un such sums as the Council shall deem necessary for L:ls la Y:f'ul purposes of the Village provided tYlct uo tart shall be levied in any year in excess of 10 :wills 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 th© Village and the amount of such licenses and taxes shall not be dependent upon a general state reven~ie 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 $0~ of suc2i taxes or other appropriated revenue in any one year. (!+) 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 $0~ of the cost of any such work or improvements. (5) To issue its bonds or notes to secure the rer~+y- ment of any money it is authorized to borrow. (6) To provide for street lighting, fire hydrant: "- garbage collection, sanitary, sewer collection and disposal and for any other municipal or public service, and to build, construct, acquire, own, maintain, operate and lease all structures, land and other equipMent necessary therefor excej~t as otherwise provided herein. (7) To regulate and control the use of any public park, street, roztd or hil;he~ay eiithi_n the territorial limits of said Villa~;c by ~zny Inllil.lCij),~lity, corporation, firm or individual 19 . " . . ~: using; any such public street, road or highway for the con- duct of gas or ,•ratEr or f'or telep}~ane or electric light or po~~rer pole:, lines, subr•rays or conduits, or for any other public utility or service. ($) To acquire, either by lease, gift or purchase, any land or any estate or interest therein, within or with- out the territorial limits of s«i.d Village for any public or municipal purpose, except as provided in sub-section (11) hereof. (9) To give and grant t's-anchises upon such terms and conditions as the council shall prescribe, for a term not ]_onger 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 } Llity, and further providing no such franchise shall contain ~:,-y option to purchase on the part of the Village. (10) To prohibit and abate nuisances. (11) The Village shall have the power of eminenC domaia except as to water supply or distributian systems, •s ewer or _:_. sanitary collection or treatment systems, and illuminati ~ 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. (11~) To protect life and property. (IS) To prevent drunkenness, vice and immorality. 20 i~~:~ -XX (~ "r') 'Po 1' i :, ,,,.grin ! ;. ~ c~ t,c> .,e 'i ~;;; ~~.~ ~ecl t.tnon oCt'cnders in convicit~on of violatinj; ~tny o!' tire ord.inlnce^ , I' the Village; provided, however, tt7at: no penalty ;,}call exceed n Fine of l~i.ve ifundred Dollars (,500.00), or imprisonment in tho Village fail or• at hard labor on the streets or other worlt of the Village fora period not exceeding ninety (q0) days, or both such fine and irr~priaonment. (1~3) Ta establish, regulate and maintain a fire depart- moat ar.d a system of fire protection. (lq) 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- Vr.ise changed as to its boundaries or location; and to acquire the necessary lands for any purpose, and to require, if the Council Uhall :o determine, that any person, .firm or corporation sub- di-r' ::nl; land shall put in and construct streets, sidewalks, w::~ ~~ r' mains or other utilities according; to the Village speci- i'lcations before the plat thereof shall be approved by the Vi2la;ge ~:OL1r1C11, which such specifications shall erlual or exceed exist- ~~~~ ink; 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 ar.. -- treatment plants. (22) To regulate traffic, the speed of motor vehicles, and the use thereof. (23) `f'n construct wharves, docks and piers; regulate the speed of boats and watercraft; re~;t.il.ate wharfage, dockage, rnoorin~; and anchorage of boats and ~ratei~craft; construct bridges, establish ferries and fix the rates of fcrriat;e and tolls; erect 21 ' ~' , .~~>C ~ all necessary pubJ_ic buildings and public vrorks 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 lir:es 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 gov~rnraental entities providing far 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. (2b) To regulate the sale or handling of liquor and other alcoholic beverages so far as permitted by State litw. (2?) 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. '; (2$) To adopt from time to time all such ordinances and -~y, 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 V of the municipality and its inhabitants. = (29) Upon petition of the o~,ner or owners of any lands ad,joinirg or within two (2) miles of the territorial boundaries of said municipality, to annex such lands by ordinance to the z2 tei•rLt~rial limits of the ~~iunicir~ l.ity hereby estiabllslied. Vlhenever any land shall be anne:ced to the municipa?ity hereby e:~te.blished, upon the petition of the o1~2zer or ovrners thereof and in accordance with the potiver and authority hereby given, then such land so annexed shall be arxi become a part of the rnunicipal.ity hereby established frith the same force and effect as though the same had been originally incorporated in the ~'~: .:Orial bou[7daries Chereof. (30) To foreclose assessments, taxes and tax certifi- cafes as provided by law. (31) To levy and collect an excise tax on t~ a sale of cigarettes, :::etered or bottled gas, telephone service, elec?..:c current «nd ti~:ater and similar services within the Village ,., provided by genera'_ law. (32) To provide regulations and restrictions governing the hei.~ht, number of stories, construction and size of build- ings and other structures, the percentage and portion of lot that may be occupied, the si~~e 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 ~~rith their general purpose and intent and in accordance r~ri.th the general provisions of the ordinances; and may also, by a ---, zoning ordinance, regulate buildings an d structures according _~_ to their construction and the nature and extent of their use '~- and th© 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 bo made in accoi•dan~e with a compre}iersive plan and CSC=il[L11 IUI" Vier- /^ ::!nl'C ~?~ ':,~"I~_ i0~.10'r1!.I1~~ PIAT'pJ:;Bu: To les:~on c~ntc~ti~n is tt,c ~tr~Lt~, t;o secure safety from fire, panic and other dan~~r~; to promote health, morals or the general v:~.lfarc; to pruvi.de adequate light and air; to prevent the overcro:-;cling of land or buildings; ;., r, o avoid undue concentration of population. Such refit Lati_ons shall be r:_,de with reasonable consideration, among other thlr.s, Lo aesthetics, to the character of the district and its pecLliar 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 E~erson:~ necessary for the success- ful operation of Said Vitt .t e ~yl d to fix the amount of com- pensation to be paid to such umployeeg aryl prescribe the amount and condition of <<ny bond or bonds executed by any employee. {31~) To have the po:,rers contained in Section lb7•?3, Florida Statutes. (35) Except as otherti•,zse 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 citarL;e a reasonable fee for the use thereof, or to restrict the use thereof to property owners in or residents of said Village. 2 tr. -~: X as~rzc~L vT VILL~~G'~, CCUrtT Section 1. There xs hereby established in the Vll~age of North Palm Beach, Florida, a court to be knoton as t~ia "Village Court of North Palm Beach". The said court and '',° judge thereof shall }lave jurisdiction, power and at ~rity to try all persons charged with violation of any ~f the ordinances of the Village, vrithout jury, and upon conviction tQ impcse penalties vrithin 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 4tir%ng the pl~.~Qure of the Council, aflci ~.n the Q~vatit of the absbr,ce, Giasat,llity or disqualifi- cat:ion A~' the said jud~,c~, the Coupail shall rl~ve power to ~iesignata, by writing ~i~.ed iii the office c~~ the Vil- lags Clark, name suitable pUrscn having tr~~ qualif;,~~~i~p~ aforesaid to act during the abc:priee, disdba~itg car dis- qualification of the Village ~u~ige. Section 2. The said juc~~~ shall have parer, by warrsnt, to have lirpught bei'~5T°p him any person or persons, o• ,,;,, charige3d i,rith t}:;: viol~t:iori ~f ariy ~z~~iiriarices of the Vil-- o••• lags, and phall h.lve exGlu~;><va oY•igi-lal jurisdiction over ... •~~ all such proceedings. Tn the }~,oper e~~er~is~ of the o'. functions of said court and t•rithin its jurisdiction as ~" •-~•• hereby defined, the j~idJe of staid court G~is1X ?~izV~ power and is h<•reby o.uthorized to i~~sue ar-d cYUae to tie adrved by any police office of said Village, cc~nstaL'X~ ~r iieputy sheriff of the County of Palm Peach, atyy lrici a~1 vr~"its, w8r'rants, search vrarrants aryl other pi'P4'~SSES nec~a~tlry z 5 ., r '~ ~ ~ ---h ~ fog' tilC~ u~'tE:Ct1U2l a:ul ~ ~~.niuh<<wr~t o1: vialr:tion of any oi' the ordill~~nce:; of the said Vi11r,~:e, snd the police of the said Villa(;e ~~.re hereby authcrizecl ancz it is }~ereby made their dL:ty to e.cecute and to serve any and all such writs and processes issued out of the maid Village Court by Lhe ,judge thereof , and to make l~roi~or 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; arld if such person f~~ s to appear, to declare any ball 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 t}Ie 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 pottier 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 vrhich shall be entered the title of all cases tried in said ccurt, 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, vrarrant or other procESS and all papers filed in any of the cases tried before said court. A copy of the docket, caraplaftat, warrant or other process, and of and pa per f iled~ in any case tried before said court, and certified tay the Glerk of said court as being a true copy of ~:he arigiiw,.l, tan der the seal of the Village, shall be prima fz~cke euidence tEv<.reof and of the facts therein stated, and shall have the sane force and effect in all courts as v,ould the original. Section 4. T11e said cot.u•t shall have poi•rer and authority to preserve order and decorum and shall be vest- ed ti~rith the same poti•rers to that end by fine and iu-prison- 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 tha Village and shall be paid over to the Tax Collector of the said Village on the day following the collect:i.on of the same, and his receipt therefor shall be taken. Section 6. IJo 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, &s provided by law. ARTICLh VII TAXATIOiV Section 1. The Village Council shall have power tp raise money by taxation for the folloti~ring used and purpflses; (1) For the ,~,eneral and incidental expenses of the Village governu~ent. (2) For lighting tre public buildings, streets and other public places. (3) I~'or the sur>port and maintenance of a police de- pr.rtrr:en't . (t~) For the suppox•t and mair_terk~tnce of afire depart- rnc:nt. {5j 1~'or the u,:l,or;, anti rn~,11~1',e11LlI]CG of a tvd~,g~ de};artr,ent ; iilc:iiTuinb a su~:ply of 1•rater for the use of Village and i~.s inhaoitsnts, ,•rater for t. :1~; extin6uishiri~ of fires, ~•rai-;ter for pu`~lic builuin~ o,nd for other public pur~:cses. (~) t~or re~;ul~:ting, re..airin~, :;:<~intaini.ng and clean- ink the streets, hid}brays anti other uublic places. (7) ~ or the care, prese.r•~~ation and repair of public buildings. ($) For the relief of the poor; and for support or aid of any hospital in I'a1m Beach County. (s) For the payralent of interest on the public debt; and for the paymerTt of the principal of the public debt as the same becomes due and payable. (10) 1''or sinking fund payments required to be made under the provisions of any ordinance, resolution or other competent authority. (11) For the acqui:~ition of land or a:iy interest ~horein, vrithin or without the territorial limits of the Village, for any public or rnl~icipal us•.>. (1?.) 1'oi' 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 the Village. {15) For the construction and repair of sewers, drains and drainage ditc}ies. (16) For the planting and care of shade or ornamental trees or plants. (17) For the pu._-o so of paying any note or other obli- gation of the Villa~r~~ , •.: ith the interest. (18) For raaintenanc~ ~C a sevrage system and for the dis- posal of garbage or otlier refuse. (19) For the ac<luisition 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 sevrer, 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 shouting 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 o£ all outstanding debts ~~~" or obligations which become due and payable in Such year. -°° Section 3. On 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. Railti•;ay and railroad companies and telephone and telegrz:~h corpanies :,hall be subject to taxation on real and personal propc rocs o~~nzcd by them or operated ti~rithin 29 ; s,,,V~ ~ the Village li!~its in t;hc s^:n :. c,,~.~,t..~• ,..t;~l at the same rate of valuation as all otr.c:r T~Z'O;,E:T'ty. Said assess-- ,nent roll, from the ti,ie of it;s delivery to the Council, shall reraain on file in the of.'fice of the Clerk, or else- where as desibr~zted by the Council, ~~nd shall then be open to the inspection by any ta..paycr. On or t~cfore the first day of April in each year, the Coy. cil shall adopt a resolution fixing and determining the a:~:ount to be raised by taxation in paid Village for the current fiscal or calendar year. lifter 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 Aoard 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 ,rho shall thereafter and before idovember 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 ~rrarrant and authority of the Tax Collector to collect and receive the taxes extended in paid tax assessment roll. All taxes on real and personal property assessment in any calendar year shill ue a lien thereon from January first of such calendar year, znd all ouch liens shall be superior to all other lienU or incuml;z•:.inces, except the lien for County tn.::e~s , ~ pith ~.,},icli thCy shall be of equal 30 ., -X dignity, arzd such liens shall continue azrd 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 alloyed 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 ons (1) per cent. if paid ir. the month of b'ebruary next following. To all taxes remaining unpaid on April first following the year when the same arp assessed there shall be added and collected a penalty of (5) five per cent. 31 y ~''~ X X Section 1~.. On or :~.-:fora thr t~'~r.til day of l~iay in each year, but not earlier then th:~ first dG.}r of I42y, the Tax Collector shall give notice of the sale of al.l. real pro- perty upon ~.rhic'_i tars levied. ~_r.d assessed durinb the preceding calendar yaar =;:call not h~.ve been paid. Such notice shall cont~~in a d~•scription of ouch lot, tract or parcel of land to be sold, and shall specify the amount due thereon, toy ether Grith the co =t of making such sale, and shall sp::ci.fy the place .,here t'r~e said sale ~~~il_l be held, and the day and r~our vrh~ti thV said sale gill com- mence, and a copy of such notice shall be posted in at least three public places in said Village at least thirty (~0) days before the day of such sale. At the time and place sp~cificd in said notice, the Tax Collector shall ;proceed to sell a.ll 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 tr~.ct of land shall not be purchased at such sale v:hen offered for sale, the Village :hall be d^emed to be ~.nd shall be the purchaser; and a certificate of sale slza_ll ue issued to the Village or other purchaser, as the case may be, ~•rith respect to °ach lot, tract or parcel of land sold, and such certificate shall bear date as of the day of the sale. Such tax sale ce,tific.':te shall boar interest at tti~o (2) par cent.per month for the first t!-relve (12) months next fa11o:~:inQ their date, and thereafter all such c-rtificztes s'_lall b„~.r int:re~at at t'ne rate of eir~ht (~) n<,r cent. nrl a::nu~n, I,o tax sale certificates shall be redeemed from the Vill,-,;-:^ or sold or other:,isc dispos.~d of 'o ,r it ur.lc~ss t,ho full o.mount thereof, ti~rith 3? --;~ . t~1Sl l.l'1~.~1'l.`,tl:, .:~~~,~j ii,. 1.:t.1.~_,~ (ii.C. .,j~~: ~..:~ ~]t•hE/1'~':J.S3E1 provided by lit•.:. 'i~..: ~•:,~;~;c ca;:i~l.) L~ i:;::vod, orr,ctztcd and dolivarad to ~~.ny por:,on:;, 1'ir.;::, o.c' corporc~.tiot~:~ entitled thereto for prnpert;; aald for ta3:c» iii said V:iJ.la~~o, and the general atat;utes of the State; of r loric~a pert~~ii;inY; to the issuance and d©livery of tax doc:<1 ; cYisll. govern and be applied, as nearly 3s muy be, to Lne~ i:aJLlAnCO and delivery of tax deeds i.n th© Viila.~a ~'~itU r~_:;~F„act to property sold for taxes i.n said Village. Any person, fir,~i c~r corporation, b©ing the vRnerand holder of ono ar mare tax sal© certificates, shall have a lien against the real osta.te described in such certifi- cates, Rs in the case of a morn;ago, and shall be sub- rogated to the rights of +ho Village for the amount dua thereon with tYze interest, anti shall have the right to foreclose such lion and have the property described in each of such certificates sold for txzo satisfaction of such s1'.zn or stuns as shall be duo thereon. Ixi order to enforce such lien, the rel.ivf shall be obtained in an :+.ction in the nature of an action to foreclose a mortgage, ind the procedure shall be governed in all respects by the general laws soverning and pertaining to actions to f02'eC1o9e mortgaY;es in a court of chancery, or other court of like 3uriadic tion of the State of Florida. Se ~ - vice of process and publication of notices shall be ma in accordRnce v~ith the provisions of said general laws governing the foreclosure of a mortgage; and in any such action costs shall be taxed A'.3 i11 foreclosure pro- ceedings, and such costs shall incl_udo master's fees and reasonable fees for complaincuzt~s :solicitor or solicitors, and the Village, or Ally pez'tion, i.'i.r7n or corporation hold- 33 ~~ x x ing t~NO or more of such tax sale c~:rtificat~~s shall have the right to for~~close the liens evidenced by any or all of such certificates in one action, ~~.nd may join in any such action as defendants al]. parsons, firnrs or corpora- tions intFrestad in the lands, described in such certifi- cates, a~zd it steal]. not be ncce::sar~~ 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 cornpl.ainant shall have the right to bid and be- come the pu~~~chaser of any of the land sold. 'Phe 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.:s of 1~'lorida for the issuance of a deed in an action to forF~close a mortgage. ~rhere any real or perso:~.al property has escaped tax- at;j.on, taxes may be levied and collec~ed thereon for the }~c~ars, not exceeding three (~), that such property has escaped taxation; and in the event that any tax assess- rr~ent or tax sale shall be adjudged to be invalid or void for any cause, other than the pourer to levy a tax upon the particular property involved, a tax may be re-assessed, levied and collected during the current or the followi;~ fis- cal ar calendar year after the date tti~hen such tax or sale 4;as adjudged to be invalid or void for any cause, other than the po~,•~er to levy a tax upon the particular property involved, a tax nay be re-assessed, levied and collected during the current or the fol'.o~ring fiscal or calendar year after the date ~~rher. such ta.x or s.-:le wa.s adjudged to be invalid or void. erection 5. In order to provide moneys for the ex- 34 pcnses and ~1rp1702't of t;,e Vi].1.,~~;e government during; the first year of the existence of this rn~n:i.cipality, the Village Council shall have power and authority to appropriate theNefor, and for the costs and ernen~es incident to incorporation, such amounts. as it ma;r by resolution fix anci determine; and any and all such amounts so appropriated by the C~unci.l. dl.iring such first year may be raised by taxation and he levied anri assessed during the next calendar year, in acid i t. i can e,v t,lre taxes for that calendar year; and the VillaF;e Conrrc~ ~ I ,~i:rl 1 Dave the power and authority to borrow money to an amount ri<,L exceeding such appropriated revenue upon notes or ot:hcr obligations of the Village, bearing ir:terest at a rate not exceeding sir, (6) per cent. per annum and payable not later than one (1} year after date. -ARTICLE VIII f4ISCELLA1vtiQUS PRQVISIQPIS Section 1. In case any one or more oi' the sections or provisions of this Act or the a~>plication of such sections or provisions to any situation shall for any reason be held to be unconstitutional, such unconstitutionality ;;hall not affect any other sections or provisions of this Act or the application of sue?~ 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 sh~,~l pass no law prohibiting the digging o.f' wells in tiie Village. Section 3. All laws, or parts of laws, are hereby repealed. Section 4. This Act shall take effect from and after its passage and approval by t becoming a law without such approval. Became a law without the Gov~er~tpr's approval, Filed in Office Secretary of Mate ~U~ ~ 3 »5.~ ct herewith full force r, or, upon C State of Florida Office of Secretary of State I, R.A. Gray, Secretary of State of the State of Florida, do hereby certify that the above and foregoing is a true and correct copy of Chapter 31481, Laws of Florida, Acts of 1956 Extraordinary Session, as shown by the records of this office.