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Correspondence_Articles of Incorporation_06/04/1957 . C da . y FLpRI1�A 1 EPARTMEW 0 STATE CHARLIE CRIST STATE LIBRtaY AND ARMVES OF FLOFZDA KURD` S. BROWNING Governor Secretary of State J, RORIDA STATE ARCHIVES FACSIMME TRANSMISSION COVER SHEET � ti Please deliver the following pages to: NAME: Betty Laur �•� ` • ti , xf ADDRESS: FAX NUMBER: 561- 575 -6245 FROM: Boyd Murphree DATE: 6/20/07 Total number of pages, including cover sheet: 13 # ', .J SENDER'S PHONE NUMBER (850) 245 -6719 SENDER'S FAX NUMBER (850) 488 -4894 SENDER'S SUNCOM NUMBER 205 -6700 COMMENTS: DIRECTOR'S OFFICE " R.A. 0 ay Suilding • 9008outh Sronough Sucot • Tcllohns.au, FIo4da 32399.0250 8$0.243.6600 - FAX:850.245.6735 • TDD:850.922.408S • http:11dlts.doascare.tl.us COMMUNITY DEV 5LQ7MBNT STATG LIBRARY OF FLORIDA STATE ARCHIVES OF I'1.4R1DA { wf 8S0345.6500 a PAX: 850.245.6643 $50.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX:850.488.4894 � {M1 LEOISLATIVS LIBRARY SERVICE KECORDSMANAOSMENTSERVICgB ADMINISTRATIV4 CODE AND WN,BKLY 850.488,2612 • rAX: 850.488.9879 850.245.6750 • FAX; 850.245.6795 850.245.6270 • FAX: 850141.6282 7 �� oe izcv MRS 7 saawo 4 RTf4. plolq (n pajupdde xplAk ao suo&md jo x art pum !, qjenb ILEA Pere PV srql jo sawspwad aq� I ,1003e. at I"PMOU 'Sganoo papala .. -- IuPq pinj poqr=s.p a,,aqe at UV aq WIF IEIDSSOa-OTW Sl . q U jUn a;)Ego plati.iqaea Re7 'MiAoxd aAGqe -upxaq so 'Smuu!aeq 91 D Pue uor4uas pies To Jaraloo lnaqjaox 'P x Pue .10.(ex aiql -5; V101 PT- In ;sea U aRalau 'qinos oT, dr qsmuoL Igg uo; paS 10 all PWS MIT 30' araw -To auc Atm plor 04 " xObl DT ftG[B Alxa)ma 2va i uou eausTp ! ;se g U a aq Snul uos"d aido ftm pu sao ,U0 p exp p awn . nOS 0j djl�SUMIDL '9 MxtaaS go •xawca •jsa,&vqpojq wq; plaq oq alq cq !2, auD Aue .ja aq Uvqs liounco ORaIPA B 10 jaqwaim a3 - ZV ;a2 ucR ' Of dlqs=oj, 'Lz xroi S jo au!, xplo a V Im.un .4 aL eSMA OT 10 1 aq; 01 lza.fqns aq HuW mov(A& jo I (;eSeUr aouacp ! 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LAWS OF FLORIDA r T-AWS OF FLORIDA CHAPTER57 -1915 Village Treasurer, Village Clerk, Tax Assessor and Tax Collector given of such election or of any other election hereunder_ shall hold their respective Offices until their successors shall be -. � event of such In the ruuzo$ election, ear on the ballot, and (here shall app appointed and shall qualify and during the pleasure of the ti illage _ be voted upon, only the names of slue iavo Council, _ highest vote cast for such office or offices. persons receiving the Section 6. On the third Tuesday in larch, 1960, an election Section 3. Each person appointed or elected as a . member of by the qualified electors of said rnunicipaliuy skull be held to elect � - the Voltage Council of said muWaipality, before entering upon the members of the Village Council to snoceect the rnembeas whose ' discharge of the duties of 'Joe office, shall take and subscribe the appointment expires in 1964 as provided for herein and thereafter• following oath before some officer aathorized to administer oaths on the third Tuesday is March of each succeeding year a general ' . under the laws of the State of Florida; `I do solemnly suvear (or election shall be held to elect successors to the members of _due `-'' ate) that I will support and protect and defend the Constit Village Council whose terms of office stuff then expire. and government of the United States and of the State of 17orida = against all enemies, domestic or foreign, and that I ,vW bear true Section?. The selection of members of the Village Council #aitlu, loyalty and allegiance to the same, and that I am entitled shall be by groups to be luuOW11 as Groups 1, 2, 3, 4 and S. The = _ to hold office under the Constitution of the United States and Councilmen in Groups 1,'3 and 5 shall be elected in the even tears and t and Councilmen its Groups 2 and 4 shall be elected in the odd Hai the Constitution and haws of the State of l�loxida hat I unll years_ At the first annual election to be held in Warch, .196o, ,^ the y e u ' Florida, of the office of Councilman of Councilmen in Groups 1, 3 and 5 shall be elected to a tuv ear = 'hi Pon which l am about to eater, y '} so help ine God", s oath may be spread upon the minutes of term, and every two yews thereafter Councilmen shall be elected in . ' the Village Council. said groups for a tvvo -year terns. At the election to be held in Afarch, 1961, Councilmen is Groups 2 and 4 shall be elected to a � Section 9. The members of the Village Council elected pursuant two-year term to expire in 1963 when Councilmen in said groups to this Article, shall meet for organization immediately following shall be elected.to a two -year term" and every two years thereafter their qualification un the-first 1111 ssda7 in April next follon ing the Councilmen in said groups shall be elected to two year terms. The date of their election and at said meeting the Village' Couutcil I of office of Councilmen shall commence on the first Wonday shalt, by M01r`txoa, appoint one member a Mayor and another a in April and shall continue for two years thereafter and until their.. - for, term of the Village, each of whores shall hold such office successors axe elected and qualified, An candidate seeking election for a terns of one year and until his successor shall be a as Councilman shall file with the Village Clerk a written notice to . and qualified. appointed such effect during the last ten days of February* iu the year of : Section IV. At each such o the election, and shall pay such filing fee as shall be set by'ordi CCDImclt ag T r e s meelii the Village '° appeal! a Village Treasurer, a Tax Assessor, a nance_ Such notice shall state the number of the he seeks to be elected, be,aup a de s crip �vluc ~`: 'Pax Collector and a Vi�laoe Clerk. The officer or officers so ap- of the real property owned by him place i m in the his age, stion ` �> pointed shall ordinarily hold office for a term of one year and until ilee Village and any other` their successors are appointed and qualified but aII subject to the data required by ordinance. The candidate for each group zerf pleasure of the Village Council. ceiving the highest vote cast for such office shall be deemed elected ' to such office. In the event of a tie vote between candidates xecdv - Section 11. Every appointive Village officer Ahali take and �b- ing the highest number of votes cast for any office, the names of : scribe, before an officer duly qualified to adrniniste3r oaths, an oath all. sash tied candidates shall' be placed. on the ballot and be voted -�. ar afSra�ation faiihfnlly and impartially to execute the duties of upon at an ensuing runoff election to be lucid oa the succeediggr = according tw the best of his ability and understanding, Tuesday. Such election shalt be held in the same manner and b ay be fled with the Village Clerk and sp the same officers holding the previous election. No notice need be �'. aiinutes of the Villag Council. read upon the 3856 .3857 Y�- .. .. . -c_-•F . _ :. .. -.�. L«ci�•r<'.:� . ei32.- �. s. �•• %•iti`b•'7�dw.oc�.Aib"4:tt:'F�: • f. t CH"TER57 -1913 LAWS OF IPLORDA LAWS Ol< F'LOIt mA 57• -1915 Section 12. l# there shall be a vacancy in ally elective office;; Upon any trial under the provisioms of this section, all witnesses the Village Council, or so much of it as shall remain, shall have' : shall give testimony under oath and Po by resolution, to fill such vacan by the a anY member of the Council suitable - person to hold such office until the next general election tv ' b�� authorized h administer oaths. ayor, or the Village Clerk shall and until his successor shall be elected and qualified. If by reason of absence or disability, any officer of the Village is unable to per.. =y It shall be the duly of every officer of the Village, within ten farm the dunes of his office, the Village Council shall have tlie� , _ (IO) days after the expiration of his terra of office or of his removal power, by resolution, to oint same ui - therefrom to deliver a'AP s table person to hold such' �: to his successor in office or to such officer, afrIce for and during tine absence or disability oaf ari = the ViIIa Council xnay d eal such person as �° era and 8th all books, records, papers, vouch - the person so appointed shall have, during such penzod of absence F%pm'ty of every kind in his possession or control belonging ar disability, all the power and duties conferred by law upon Elie: : = to the municipality. officer for whom he is appointed to act,` . Section 14 The Village Section 13. Any member of the VI&ge Council of the said'' ' and retain an engineer and an attorne and to power to employ Y ppoint or employ Village may be removed from office and deprived of the rigbt to= ;, - such additional officers, assistants and employees as the business serve as such official for rni.easanae, nonfeasance, malfeasance= _ the mwaieipality may require; and it shall have the power to ox any conduct of an immoral or criminal nature committ w1ke fax and det_=nine the authority, duties and corapeasation of all bolding office; but, before any such of eW shall be removed and: elected and appointed ,Offecers, assistants and employees, but the denied the right to perform. his official duties, a wr!Uen complain compensation of an elected officer which -lam been so fixed shall shall be filed .vitb- and presented to the Village Cou nea by some ° _ not be increased during his term of office, citizen oz taxpa yer of said VLllage, setting forth in reasonable de-� tail the offense of which the said official is charged. Such cornplaiat. Section 15.'he Vfllage Council stall have the power to require shall be considered by the Village Council, and if such Council: the Village CIerk, Treasurer, Tax Collector and other officers, in- shall determine that the offense charged is of such nature and;' eluding its oism members, before any of their enters upon the gravity as to constitute a ground, or cause, for the removal of such duties of his office, within such fame as it may prescribe, to enter oflicial, the Council shall thereupon set a date for the hear into a good and sufficient band conditioned as it may require for the said complaint and direct the chief of police, or some oz Performance Elie faithful performance of his duties and it may from time to time officer of the Village, to give the official so charged written notice �` - �i"'re further or additional bonds; and for failure to give the of the date of trial and also deliver to him a copy of the coatpIauiE e, one it may dacIare such office vacant. so so fled. Section 16_ The Village Counrxl shall be the judge of the eIec- Upon the trial of such Complaint, tesiimomy shall be heard by tion and qualification of its members, shall have power to determine the Council, both in support and in defense of the charges made and establish rules governing its own rocee and both the complainant and defendant shall have the right to • iermisie fbs time and lace for holding its l e` p p dings and to de- meetings and the nonce, se ted by counsel; and, if a majority of the members of t ie = it, anY, of special meetings; $pec at meeti ngs shalt be held when such Official nE at such bearing shall find and deetermine #hat_ ::. called by the Mayor, or by any two members of the Village Corm - is guilty of either or all of the offenses as charged in .= cil• All meetings of the Council shall be open to the public and the complaint, the Council shall thereupon adopt a resolution the rules of the COUncil shall provide that the - citizens of the ViI- moving such of eW and depriving him of the right to perform his - shall have a reascmable opportunity to be heard at such m t ee- official duties and declaring his office vacant; and the said a `'� ° - rags regard to any matter pertaining to the Village. The f1layar, shall no longer have the privilege of performing his official duiieat. or in llis.ainsence the Vice - Mayor, shall his office shall be vacated and his successor shall thereafter li :- the Council and the V preside at. aIl meetings of selected in the manner provided herein. of the Corneal and shall keep a record of the at E eeediags of the 3859 i - 3859 • r= cxAPTES st - �sx5 LAWS OF FLORIDA - `' LAWS OF FLORIDA caApT�sq - 1615 Council in a minute book to be provided and kept lox that purpose. `^ He shall preserve -and maintain in an ordinance book to be p Council shall be valid and as e ro;, -bets of the Village ffectual as thou %tided and kept for that purpose, all ordinances - He shall preserve; passed by unanimous vote at a duly called regular meeting th and maintain in a resolution book to be provided and kepC for shat , � • � �llage Council purpose, aH resolutions The ordinance boob, and resolution book' be deemed to b sha Section 19. The Villa a Cotmcil shall b y ardina e z = g Public records and each ordinance and xeso= _. for and re , xiee, provide lution so recorded shall be signed by the blayor and by the '�3�iilag ` ', elections gulate the registration of voters and the conduct of Clerk. Copies from said minute book, ordinance book or resolution book, duly certified by the Village Clerk under the Corporate Seat Section 20. Any person who sILa11 possess Elie qualifications of of the VMage, shall be received in evidence is all courts• and places ; as elector under the general ,taws.of the State of Florida governing as proof thereof. The Village Clerk shall certify and keep a reoor' el ections and shall have resided With in the territorial ]smite of the all permits issued by the Village or pursuant to its authority: •5.. r Village of Tequesta, Florida, for six (6) months election aid shall Dave re ' g'stered m preceding the Section 17. A majority of the members of the Council shall ^` el 01 said Villa a accaraauce with the ordinances constitute a quorum to do business, but a less number may adjourn? � aF tb said ngaua�icifi be entitled vote at any municipal eleetiion from time to time and compel the attendance of absent members. s:^ electors who are fze I ng within �Y t qualified in such manner and under such penalties as may be prescribed _ by Ordinance, Tle affirmative vote of a majority of the snewnbers, =a ' 1�7 IV present at any meeting shall be necessary to adapt any ordinance;,. K resolution, order or vote, No member shall be excused fxaru +soling VILLAGE flFF[CERS except on matters involving the consideration of his official conduct. _ Section. 1. The officexs of the �uaici , or when his financial iWerests are involved, in which case the t' Mice- Mayor, a Village fiieasu a Tax Assessor, a Tam Mayo,, , a f153nuative vote of a majority of the members voting shall be tteces a Village Clerk (who sh2R also be registration officer) a Judge of sary for the adoption of nay ordinance, resolution, order or vote, the Village Court, and sueh oFher officex as may be provided for The enacting clause of all ordinances shall be" "Be it Ordained{ by law or by the Village Council pursuant to. the authority con_ by the Village Council of Tequesta, Florida ". == ferred by tbi Act. ` Unless approved and subscribed by the true rnembe�s of she- _ _ The Villa � Council shall,hare the power and authors,, � to em I Village Council, no ordinance shall be adopted until ten (f0) Ja °r apgaint some person or one of its own members as a VIII oy after the introduction of such ordinance, ; Manager and to prescribe his age P tiShall be the administrative head the Muni Connell. go but Every ordinance, when introduced, shall be read in full but u :shall e subje to the direction and supervision consideration of a; ordinance on semud and final reading, b if n e subject t amended, it may be read by title only: be dir r solely on the bases of his executive d Ever administrative qualifications and he need not be a resident of and by the Village Clerk and ordinance, upon its adoption, shale be signed be Elie It - , Village. The ,Manage shall receive such compensatio as shall nd when so signed it shall become eft fixed by resolution of the Council and shall hold office during; rive then, uafess otherwise provided therein. 'the pleasure of the Council, Before introduction, all ordinances and resolutions shall be r• duced to writing. Resolutions shall. ection 2. The Mayor shall be the chi executive officer of l be signed by the lV1&3'or the kv the Village Clerk. Village and it sL-LU be Ift duty to attend to the proper and �ilective enforoement of the Yaws and ordinaaces of the Village, Section 18. Every resolution wbieb shall be signed by ail Z� d� the overall supesvisian of the Counc-;i):, and lvith th aid of 386 - e Manager, if any. In case the Council shalt px vide for a Tillage 3861 C ti• ca r$RS7 - asr5 LAVIS OF FLORIDA = w '., LAWS OF FLORIDA CFTgl'TEREi? -1915 Chief of Police, such person shall attend to the proper and effective such moneys is books to be enforcement of the laws and ordinances of the Village under the provided for that p,,Vose, wherein overall supervision of the Council, shall be entered the nam of the person from whom each sum of �_ Section 3. The Vice-Mayor, in the a when is received, and the date =• for which such hen received, and the purpose e or during the dis- : Payments is made; and he shall pay and turn over ability of the Mayor, shall have all of the powers and duties of the- : to the Treasurer daily or at such other tunes as iution of provided by reso- Mayor. y `: the Council au moneys of the Village collected or re- s_ ceived by bum d u r i n g illage Cleric shall be the registration officei._ statement of the' n i preceding fiscal yew, to Section 4. The V and shalt, in addition to the duties which are or may he require_ = of b der in which said gether with a moneys leave been disposed by hind by this Act or Y. and shall furnish a Bogy thereof to the Mayor and to by any la of the State or by any orduuarice� ;the Council on or before the first day of March each year; and of the said Municipality have th custody of a ll the general records; ,. z , he sbali keep a record of all taxes, assessments or other charges duties as are honks and documents of the Village, and shall perform such further �r7aich are or may be a lien upon land, and of the imposed -upon him by the Council by resolution, ord: ` . for or ar account b all such tales d, payments made nonce or otherwise. «hich are liens upon ]and. At any lime, zrpo demand other the Ilia ge s Section S. The Village Treasurer sbaU'receive, safely keep and: or the Village Council, the Tax Collector may be required to fur - disburse, under the direction of the Coanrii, all funds belonging dish a repo cti setting forth detailed information pertaining to his �r office. to or under the control of the municipality; shall keep an ac curate account of all receipts and disbursements irk such manner as then - Council shall direct. The Treasurer shall annually, on or before• Section 8. The Village Treasurer, the Tax Assessor, the first day of Februa ollector, the Village Clerk or an • the Villag he Tax dry, furnish to the Mayor and to the CounciL .. except the Ma or or Vice 11Za , ° eT offices a� e, a full report of the receipts and disbursements during pi y 1 or, may be removed from office with shall, whenever required calendar year; and he g:" or W"llout cave, by the Council, In the event that any such officer quired by the M ayor or� :�= shall be so remove by toe Council, madesignated d, then and in that ca his term of offic shall period and shall Iay befre the Mayor or the Council f ke a special report covering any e)Tke and end when such removal becomes erin o e, a nything tie all oor e herein contained to the c o n t ra ry fetid and audit all boons, papers and vouchers pertaining to his• sly notwithstanding. office whenever required so to do. The Treasurer shall depos3E -' -•L, The &layor shall have power, for sufficient cause, to suspend funds of the Village in such banks or trt�.st companies as the Co Village officer other than a Village Cou any designate; and all checks drawn shall from time to time de `suspension of as nciirnan. In case f th s�wn upon anp- y such officer, the ATayor shall, +within depository of the Village funds shall be numbered consecutive)y,_ f� 'l ays hereafter, deliver to the Village Clerk a ividdT, fit in w t) and shall be signed by the Treasurer unless otherwise provides g the charges preferred to the officer suspended; .and it shall by resolution of the Council, and no money.shall be paid ex ' ' 4 be the duty of the Clerk to present such charges to the Council by check, unless express authority so to do bas been first giv aFits next meeting following the receipt of such charges by him; the Treasurer by the Council ta4d thereafter the Council shall "tree . std proceed to bear and determine Section G. The Tax Assessor shall assess an Y om; after reasonable notice of Such h earing to the Village for taxation by the Village and perform Such other du be officer, who shall be given an � oPpunity be heard as may be provided by law or by ordinance or resolution of !h • 8 witne 7F up h� the charges preferred Council. officer shall not be sustainer{ by the Council, the officer shall be thereby immediately restored to office unless the Council Section 7. It shall be the duty of the Tax Collector to coder . decide to teradnate the services of such officer far other cause, and receive all moneys due to the Village whether for taxes, assessti t- ° T - tht cause. merits or otherwise, and 'he shall keep an itemized account of . -'Fu the event that any Village officer shall be suspended , 3862 Y 3863 P led bi the X ".-.. �. 'fw �. .'•' e' ..' �D..e _._ _, e�'ti:. .� ._. - _ r :� �. �:.,.. [f!'_ -•.�' ,�. -_': Yr ?Cie a�`r`iC•'{.6�eiSrc: CHAPTER37 -1915 LAWS OF FLORIDA _ LAWS OF FLORIDA CX&PTER 57-1915 Mayor as - beereein provider], the Mayox shall 16ave power to appoint • revenue, to an amount not excee some person ar some other officer of the Town . temporarily to _ 8�% 'n# such taxes or othe perform the duties of the officer suspended, until the charges against MOPriated revenue in anyone year. r such suspended officer be heard a and determined by the grillage. -'J (4) (4) To borrows money temporarily in the name of the Village ARTICLE Council. during the construction, of any public work or improvements, on account of which assessments for benefits are authorized to be MUMCIPAL POWERS made and collected, to an amount not exceeding SOT, of the cast of any such work or improv Section 1. The said Vill of TegttesEa, I'laritla, sha71 be acid (5) "To issue its bonds or notes to secure the repayment of any. constitute a body politic and corporate and as such shall have per; •moue it Ss authorized to borrow. petraal e3l stence and may sue, be sued, defend, plead and be'im -- '` y pleaded in 211 courts and places and shall exercise all the powers;`: (s) To provide for street lighting, fire hydrants, garbage col - privileges, and functions of municipalities prescribed, authorized' :: lection. sanitary, sewer collecti and disposal, and for any other and Provided in the general laws of the state of Florida Sully and a municipal or public service, and to build, oansttnet, acg any oven, this Act. completely unless prohibited by or contrary to the pxa�.isions of maintain, opexate and lease all structures, land and other equip - ment necessary therefor except as otherwbe provided herein. Section 2. No Person, f rra or corporation shall institute ( To 3 P within thin ublic action for damages b f; gulate and control the use of any , g against the VMage without having fast file ' � � road or highway within the Park, street ferritarial limits of id Village by any ty (30) days from the date of the accrual of Ahe said eaus . - municipality, corporation, firm or individual utiing any such public of action a notice of the claim, in writing, with the Council, an street, road or highway for the conduct of gas and wafer or for �� th the Village Attorney, if any, setting forth in detail the nature F: telephone or electxio Tight or power poles, Lines, subways or can - pariiculars constituting the basis of such claim, and all actions duits, or for any other public utility or service. against the Tillage,• including actions for %vrong(ul death, but not 4 including actions ex contractu, shall be barred unless instituted A (a) To acquire, either by tease, gift or purchase, any land or :within one year froon the date of the accrual of the cause of action. "• an estate or interest therein, within or without the territorial " limits of said Village for any public '' Section 3. or municipai uurpose, except The hereby established shall have-,- as provided in sub- section (11) hereof. power: (9) To give and get franchises upon such- terms' and condi- 1'=* aal shall prescribe, for a term not longer than {1) 'To raise annually by taxation 'such sums as the Co dons as the Coun uncil _Y shall deem necessary for the Iawful purposes of the 'Pillage pro„ { birti , ( 30 ) years, to those engaged in fu water, electric, vided that no tax shalt be levied in any year in excess of 5 mills; ? p eye, transportation, sewer or other public service, providing, on the dollar of assessed valuation of taxable Property. , "r , as to any utility where the Village Council by lam has r --tale maldng pomer� such franchise shall provide ,for such races (2) -To tax, license, regulate and control persons, firms, ass ' t r1s shall provid ela e a fair return on the replacement or reproduction tion and corporations conducting, carrying on or engaged in' value of such utility any business, occupation or professicu within the territorial iitgiFs, of the Village and the amount of such licenses and taxes shall not _> T° prohibit and abate nuisances. be dependent upon a general state revenue law. The Village shall Dave the Power of eminent domain ex- {3} 3'a borrow Money tam , "cept as to mater supply or distribution systems, sewer or sanitary pora x the name of the Village � 4 coIIection or treaixuent systems xad ilIumiaating or Fuel gas sales in The anticipation of the raising of taxes, or other appropr or distribution systems 3864 3865 ev— o. . ., ...'rt"T.6:. .J. _--'. •_Y'. __ a.0. - ash. ;'.� ... rt' _ _. r..'- . � � - - �, - r• ' Ci iPTER37 -1915 LA VS OF FLORID A I LAWS OF FLORIDA CHAFTM 57 -191.5 (12) To prohibit, regulate and license the manufacture, sale, ; , of boats and watercraft; re storage, keeping or use of any inflammable, explosive or highly galate tivharfage, dockage, mooring and combustible material, thing, substance or compound. anchorage of boats and 'watercraft; construct bridges, establish ferries and floc the rates of ferriage and tolls; erect all necessary (13) To establish a health department and adopt sanitary regu- ` - public buildings and public works and lotio control and dispose of the lotions control ordinances. same as the interests Of the Village may require; to establish bulk- (14) To protect Bfe and property. F - head er upon all waters within the Village, and to adopt ordi- nances regulatiuzg or prohibiting f�lIing of submerged lands• ou dr tside (15) To prevent unkenness, vice and immorality. : of such b ulkhead hnes,'Which such lines so established droll govern over lines established by any. other governmental body of the State �6 To reserve the '= •` '"�• ( ) p public . peace. _ of Florida; and to do and perform an other act or acts as shall do p (1 7) To a- seem necessary and best a penalties to be imposed upon offenders in conviction " _ = pted to the izn roverreent and general of idolating any of the ordinances of the Village; provided, however, _ rest of the Village. that no penalty shall exceed a fine of Five hundred ( x500.00) Dol (24) To maintain any or all of its u Tars, or imprisonment in the Village jail or at hard Iabor on the s "" outside municipal limits of the VillagebIic buildings or works streets or other xvork of the Village for a period not exceeding ninety (90) days, or both such fine and imprisonment. (25) To enter into contracts with other municipalities or gov- _ ernraental entities providing for exercise of (18) To establish, regulate and maintain a fire department and= ams• corporate or _ - "` goveaamenlaI function; and to cooperate ovitb any other. m ��- a system o1[,`�re protection. - pality, public corporation or governmental ,sni in the discharge' (19) To establish, regulate arrtsneat te and maintain a police de s of its corporate functions. - (2t1) To pay out, open and maintain (2 6) streets, roads, parks, d) To regulate the sale or hagdEmg of liquor and other alco- or other public places, and'to cause any public scree holic beverages so far as permitted by State late. ways or alleys to be vacated, widened, extended Or ( To establish a building code, electrical code and changed as to its boundaries or location; and to acquire the Mon � _ code and provide for the issuance of building plumbing lands for any purpose, and to require, if the Council shall so - =` powers granted by Section 165193, Florida tutu ts l9 Shave the determine, that any person, firra or corporation subdividing land shall put in and construct streets, sidewalks, water mains or other :; (28) To adopt from time to time all such ordinances and reso- utilities according to the Village specifications before the lot lotions as the Council deems necessary or proper for the general thereof shall be a roved b the ViIT pe p =� welfare, g ° °d government and proper regulation of the municipaity pP Y age Council which s cifica- ;3 and the protection of the life, health or property of the municipality bons shall equal or exceed the existing County of palm Beach and its inhabitants. specifications pertaining to public streets, roads, highlvays and` alleys. -- 'i� {29} Upon petition of the owner ox owners of any lauds adjoin- ing or within three (3) miles of -the territorial boundaries of said (21) To cause sanitary and storm sewers and drains to be con Municipality, to annex such Iands by ordinance to the territorial anent and maintained together with selvage disposal and treat :�=, �" limits of the municipality hereby established. Whenever any sand plants.` . sba]I be: annexed to the municipality hereby established, upon the x� (22) To regulate traffic, the speed of motor vehicles, and the : petition of the Owner or Owners thereof and tin accordance with the n; use thereof, _ power and authority hereby given, then such Iand so annexed shall be and became a part of the mu nicipality hereby established with (23) To construct wharves, docks and piers; regulate the speed _°' the same force and effect as though the same had been originally 3868' incorporated in the territorial boundaries Here. 3867 x55 - X; - _ - - �•�' T - 'tip... •T CHAPTER 5t -1915 LAWS OF FLORIDA LAWS OF FLORIDA csAprERs3 -191s (30) To foreclose assessments, taxes an d fax certificates as pro- E eTS and privileges granted too rnunici polities under t -v ided by Iaw. - - of the State of Florida, he general laws (31) To levy and cv]ieet an excise tax on the sale of cigarettes, °'' (36) To regulate the use of recreational facilities owned by metered or bottled gas, telephone service, electric current and water the Village, to charge a reasonable fee for the use thereof, or to and similar services within the Village as provided by general law. restrict the use thereof to ro e Via P F 1 tY owners is or residents of said (32) To provide regulations and restrictions � buildings height, number of stories construction and size of b g - ARTICLE' VI the and . ''' Other structures, the percentage and portion of lot that may be oce VZI,7..ACE plan and desi comprehensive penalties � CO pied, the size of yards, courts, and other open spaces, and the "la - ' COURT lion and use of buildi F Section S_ There is hereby esta mss, structures and Iarzd for Lrade, industry,'- quests, Florida a court to b know blished in the Village of Te- residences, apartment houses and other purposes. Such regulations - T the "Village Court of may Provide for a board of a equest"- The said court and the judge thereof shall have juris appeals to determine and vary their • _ - ' diction, power and authority to try all application in harmony - with their general purpose anti intent and .: Persons charged with viola- in accordance with the general provisions of the ordinances; and tlon.of any of the ordinances of the Village, without jury, bF and upon g _� may also, b_v a zoning ordinance, regulate buildings and structures conviction to izgpose pena - tbj x the limitations ' to their construction and the nature and extent of their r= such ordinances and by this Act. The Judi b of said shall e a member of The Florida Bar and shall b use and the use of Iands therein. All such regulations shall he ` �,: lion of Else Villa ppO1 by r d by esolu structures '- a tr e Council and shall hold of&ce during the pleasure uniform for each class or kind of buildings or other egulations in one district throughout each district, but the r - of 6e Council, and in the event of the absence, disability or dis- may qualification of the sand fudge, the ouncil shall have Power to C differ from those in other districts, and all such regulations. shall + = be made in accordance with a coma reh design 'E _ design by writi wed in the office of the TT�Ilage Clerk, some P for _ : - designate, ha v' the quaFi&catia one or more of the followmg purposes: To lgssen congestion in the the absen ns aforesaid to act during streets, to secure safety from fire, pardc and other dangers; to pro- f _ ce' dssabih V or disqualification of the Village Judge, mote health morals or the general welfare; to provide. adequate ; Section 2. The said judge shall have power, BY Nvarrant to light and air; to ,prevent the overcrowding of land or building's; _:�_ •' have brought before him as and to avoid undue cancenfraiion of population Such regulations - ! ' violation of any ordinances f person or � � charged e excl usive exclu shall be wade with reasonable consideration, among other things, -= :'• original jurisdiction over ail such Prdceedings. In the proper to aesthetics, to the character of the district and its peculiar suita- ..: s vise of the functions of said court and within its jurisdiction as bility for particular uses, and .with a view of conserving the value hereby defined, the judge of said court shall have power and is Of property and encouraging the most appropriate use of land hereby authorized to issue and cause to be served throughout such municipality_ - officer of said Villa a eo by any police g . =taNa or de ut P Y sheriff of the _- Count of Palm B d 33 To a _ Bea an ( ) 1 all arsons n and ail em ploy P necessary for the successful opera- = other y writs, warrants, search warrants an d lion of said Village and to fix the amount of compensation to be = Processes necessary for the detection and punishment of vi ola Paid to such employees and prescribe the amount and condition of w � j � tion of any of the ortilinances of the said W149e, and the poli of MY bond or bonds executed by any employee, the said Village are hereby authorized an d, it is he made their {� = -'duty to execute Md to serve any and all such writs and processes (34) To have the powers contained in Section 36 ?. ?3, Florida ' • i out Of the said Village Court by the judge thereof and to Statutes. _ make proper return thereocx to said Court, The judge of said court } shall have the power and authority to take bail or other security (35} Except as otherwise provided herein, to have all the paw- :;• for the appearance of any accused person; and if such person fails 3$6$ Kv 3869 a ... . .. . _ .. S . - _ a ! � 1s Y • . - .. _ - v . -. w .. - . - dr .- 1 . "r_: �. ♦iw =`+�� aU - i CRAPTER57 -19L5 LAWS OF FLORIDA _ —�� LAWS OF FLORM CRAFTM51 -1915 to appear, to declare any bail or other security as estreated; to require the attendance of witnesses for the Village and for. the t" {1) For the general and incidental expenses of the '4lillage aocased person; to administer oaths; and shall have a4 suclx other ernment. gov- powers as nray be necessary to the due enforcement of any of the ordinances of the said Village. (21 `or lighEing the public buildings, streets and other public, places. Section 3. The Village Clerk shall be the Clerk of the Village Court and shall attend all sessions thereof. He shall have power, - ;,' -. (3) Fox the support and m2iatenaace of a police department. to issue warrants, search warrants and other writs and processes Sri „_ For the sv the absence or other disqualification of the Villa ge Judge. Ile shall PPmt and maintenance of a fire department. (5) keep a docket in which shall be entered the title of all cases tried' = �"" For the su p p o rt and maiintenanm of a water department; in said court, the nature of the offense charged the 'u including a supply of war for the use of Village and its inhabitants, g judgment of water for the p g the court and the fine or imprisonment imposed. He shall file and = extinguishing o£ fires, ,vater far ublic buildings and keep in his office the complaint, warrant or other process. and all = for other public purposes papers filed fu any of the cases toed before said court. A copy of r - (6) For regulaijug, repairing, maintaining and cleaning the the docket. complaint, warrant or other process, and of any paper streets, bighways and other public placm filed in any case tried before said coma, and certified by the Clerk of said court as being a true copy of the original, under the seal ''_�• ._ (7) For the care, preservation and repair of public buildings. of the Village, shall be prima facie evidence thereof and of the facts ; y (S) Fox the relief of the poor; and for therein stated, and shall Have the same force and effect in all courts-' hospital in palm Beach County, of aid of any as would the original. Section 4. The said court shall have power and authority to (9) For the payment of int erest on the •�' public dehE; and for preserve order and decorum and shall he - rested. with the same the mcmeni of the principal of the public debt, as the same be- powers to that end by fine and imprisonment as are possessed by � comes due and payable. :: r criminal courts of record in this State. (10) For sk&jzg fund payments required to be made under Section 5. All fines, penalt and fees collected in the court shall an y provisions °£ any ordinance, resolution or other competent be. rerenixe of the Village and shalt be paid over to the Tax Cal- authority_ lector of the said Vfilage on the day following the collection of. the (11') For the ac same, and his recei t therefor shall be taken. z q i ial li mits of land or any interest therein, within p " or without the territorial lixuits of the Village, for any public or Section ti. No fine or other penaltyy imposed by the said court ' municipal use. shall be- remitted except by action of the Village Council, pro4it3etl ; (12) For the construction alteration however, that this shall not be construed as to preclude the Judge >- 'any building for a public or municipal repair or equipment of of said court from suspending sentence iit any ease tried before him_ K, . - 'Section 7. An V_ protection of the Public {13} Far the Any person oonvictecl in the said court of auy offense ._ p °health. shall have the right to appeal, as provided by law. (14) For the enforcement bf the ordinances of the TTilIage. ARTI'CY�E VU ' (I5) For the construction and repair of sewers, drains and TAXATIfl>YY = t drainage ditches. Section 1. The Village Council shall have power to raise money= (16) Fox foie l by taxation for the following uses and purposes-. - s _ °' Planting a and care Gf shade or ornamental trees or plants. 3370 nt 38 ?I {ir ' _. '�'•• • _ _ ;i ` /- °'-*"• 1''• . _ ' - - + -^ e• ?' , _ , rte •` - _ -"'.'_ :;,'r: .:.� n N. . �`• _{• .- _ . . _ >+iF:[. a.� e. ii'_. c1RS7 -I�15 LAWS OF FLORIDA LAWS OF FLORIDA CHAPTER 57 -1925 (17) For the purpose of paying any mote or other obligation .* ti - cause a certified copy of said resolution to be delivered to the Tax Vd Of the lage, vrith the interest, - = =_' Assessor, together with the tax assessment roll and certificate of k (18) For maintenance of a sewage system and for the disposal the Board of Equalization of Taxes =` - =� Proceed to assess and extend the taxes t on &e�tax rnn s TOu l of Garbage or other refuse according to and in proportion to the valuations entered therein; (19) For the acquisition of .land necessary for any street, park ��` and when this has been done by the Tax Assessor, and on or before or other Public Place and of any land or interest therein required' -` -7 " Sm'e fist in each Yom, he shall deliver the same to the Village or necessary for the construction of any sewer, drain or other publics 'f. Clerk who shall thereafter and before November first in each year work. : certify abd deliver the same, or a copy thereof, to fbe Tax Collector, : which tax assessment roll or copy shall be the warrant and au- (20) For the construction and maintenance of street and other thority of the Tax Collector to collect and receive the taxes ex- Iocal improvements. i tended in said tax assessment roll. a (21) For the acquisition, construction, maintenance and open- All taxes on real and personal anon of any public or municipal plant to supply the Village and' :` endar year shall be alien thereon from January first f such caien- its inhabitants With water, gas, electricity or other utility service. :< " dar year, and all such liens shall be superior to all other li or (22) For any public, corporate or nu nicipal purpose. inmmbrances, except the lien for County taxes, with which they Section 2. On or before the first d of February A � shall be of equal dignity, and such liens shall continue and remain the Village Treasurer shall submit a report in writing to the C uncil, . _ = lien: upon personal prop ytatax and hall be�superior bo the showing the financial condition of the Millage as of the cause of_ rights acquired under any sale, business on December thirty -first of the previous year, the condition levy assignugent or chattel mortgage, , or lien upon any such personal rn of all separate accounts, the amount of anti - t is P Pert executed or made caps ed revenue for the after such ass next fiscal or calendar ear essmeat, except u$en such ersonal ra rt r y ,the amount of all outstanding debts •= in the p P Pe z is sold or obligations which become due and g xegvlar course of trade. Personal properly taxes hall become Payable in such year. delinquent and shall bear such penalties, and shall be enforceable Section 3. On or before the first day of February in each year, in the manner Provided by late with reference to County personal the Tax Assessor shall prepare and furnish - to the Cotweil the tax = property taxes. assessment: roll prepared by hem for the current year, which shall 3 ( f ) es shall be due and _' tlIl Village- tax be based upon full rash market value, Railway and railroad com- = the year in tivluclt they are assessed. pa yable rscount5 for �r first of er patties and telephone and telegraph companies shall be subject to,' = went of taxes shall be allowed as follows: Four 4 prompt pay - taxatiou on real and personal properties ammed by them or oper .4. 'paid in the month of November, three pent if ut ated within the IrMage limits in the sae manner and at the month of December, two () percent if paid in the rate of valuation as all other property. Said assessment to the Council shall remain ro Rom: ' K.: ( 2 ) percent if paid in the month of Janu the time of its delivery u ' ky next .Following, and one (1) percent if paid in the month of , in on file _ ]<ebruary next following_ office of the Clerk, or elsewhere as designated by the Council, an shall then be open to the inspection by any taxpayer. 3'o all taxes remaining pr First•fonouing the year arning unpazd on A On or before the .first day of April in each year, the Co uttcil `win the same are assessed there shall be added and collected a shall adapt a resolution #areas and determining the amount to be= _peaalty of five (5) percent, raised by taxation in said Village for the current fiscal or calendar Section 4. On or before the tenth day of May in each year, but Year -_ not earlier than the first day of May, the Tax Collector shall give After the adoption of the annual tax levy by the Council, it shall ''; 3iotice of the sale of all zeal property upon which faxes levied and 3872 3873 T�4, _ R CRAP TER 57 -,1815 LA VS OF FLORIDA - LAIVS OF FLORIDA CH"TER 57 -1915 assessed during the preceding calendar year. shall not have been =_ Paid. Such notice shall contain a description of each lot, tract or in th an action in the nature of an action to foreclose a mortgage, and parcel of land to be sold, and small specify the amount due thereon, - ' -e' procedure shall be goveyned in all respects by the general laws together with the cost of making such sale, and shall speciiv the governing and pertaining to actions to foreclose mortgages in a place where the said sale will be held, and the day and hour court of chaucer$�, or other court of like ;urisdiction of the State when the said sate will comineuce, and a CO .,:, _ of Florida. Service of process and publication of notices shall be PY of such notice shall be posted in at least three public places is said Pillage at l .;, ` raade'in accordance with the provisions of said geuexal lazes gov east thirty (30) days before the day of such sale. - e the foreclosure of a mortgage; and is any such action costs shall be taxed as in foreclosure proceedings and such costs small At the time and place specified in said notice, the Tax Coilector .'suctude master's fees and reasonable fees for comp)ainan('s soliri- shall proceed to sell all the property specified in said notice, and: - tot or solicitors, and the Village, or any person, � or corporation such sale may be continued from day to day until Z of such pm�r holding two or more of such tax sale certificates shall have the erty shall have been sold. riAt to foreclose the liens evidenced by any or aIl of such cerUfi- If any lot, , parce) or tract of land shall not be Cates in one action, and mat' join in any such action as defendants sale when offered for sate, the Village shall be deemed t at Such ` - a ll persons, firms or corporations interested in the lands desmibed z" in such certificates and it shall not be necessary to institute a shall be the purchaser; and a certificate of sale shall Ise issued to r separate action to enforce each separate lien. Iu any such proceed - the Village or other purchaser, as the ease may be, with .respec} _ la each lot, tract or parcel of land sold, and such certificate shall mg for foreclosure of a tax sale certi6tcate or lieu, the compLinant bear date as of the day of the sale. ; ` a shall have the right to bid and become the purchaser of any o f the 4 land sold The purchaser of any property sold in such proceedings Sach tax sale certificates shall bear interest at two (2) percent shall be entitled to a deed, indefeasible to ail parties to sueb pro- per month for the firs!, twelve (12) months neat following their - ceeding, and such deed shall be issued in the manner provided by date, and thereafter all such certificates shall bear interest at the t h e general laws Of Mizda for the issuance of a deed in au action rate of eight (8) percent per annum. No tax sale certifi cates shall to foreclose a mortgage. be redeemed from the Village or sold or otherwise disposed of by it unless the dull amount thereof, with the interest, shall be paid, Wh ere any real property or personal property has escaped tax - except as otherwise provided by law.. Tax deeds shall be issued, -„ -, ation, taxes may be levied and collected thereon for the years, not executed and deiirered to any persons, firms or corporations enti- - exceeding three (3), that such properly has escaped taxation; and. tied thereto for property sold for taxes in said Villa and the in.the event that any tax assessment or tax sale shall be adjudged general statutes of the State of Norlda pertaining to the issuance `° to be invalid. or void for any cause, other than the power to levy a and deliv tax upon .the particular ro e cry of tax deeds shall govern and be applied, as nearly property P rty involved, a tax may be re assessed, as May be, to the issuance and deliv of tax deeds in the Vill fed and collected during the current or the foll fiscal or aga zt'ilh respect to property sold for taxes its said Villatr ' `,•• calendar year after the date when such p e_ tax or sal to be e was adjudged g invalid or void for any cause, other than the a a tax upon the particular p wet to levy one or more tax sale certificates, shall have a lien ProPert3, involved, a tax may be re- Any person, firm or corporation, being the owner and holder against the real assessed, levied and collected during the current or the following estate described in such certifimates, as in the case of a mortgage,'– fiscal nr calendar year after the date when such tax or sale was � and shall be subrogated to the rights of the Village for the amount',, _ °. adjudged to be invalid or void. due thereon with the interest, and shall have the right. to foreclose • ?" r such lien and have the property described in each of such certify- z: Section 5. In order to provid moneys for the expenses and Cates sold for the satisfaction of such suns or sums as shall be due y sn"D -tt of the VAage government during the first year of she thereon. In order to enforce sucb lien, the relief shall be obtained r existence of this municipality, the Village Council shall have power �' 3574 and authority to appropriate therefor, and for th costs and ex- � =r- 3875 . - r• T CH(iPTEI357 - 1916 LAWS Off` FLOFIDA LAWS OF FLOPIDA CHAPTER57 -1916 penes luddent to incorporation, such amounts as it may by resolu- Be It Enacted b the L tion fix and determine; and any and all s oun ach amts so - _ egislature of the State of Floes aced by the such first Sr be pprop y CODUCil durin g Year ma raised b = ti.. Section L There is hereby established a municipal court of the taxation and be levied and assessed. during the next calendar year, .; City of Titusville, Florida, which shall be presided over by a judge -M addition to the taxes for that calendar year; and the jrrllage' to be known as a municipal judge, who shall be a Council shall have the - power and authority to borrow money to -_'s '� city council. It shall he the du ppointed by the an autount not exceedin such a duty -of the municipal judge to hold g ppmpriated revenue on notes or - court at such times and at such places as May be necessary for the other obligations of the Village, bearing interest at a of the Iowa, rate not ex, si trial of person charged with violation of an ordinaxce ceeding sic (6) percent per annum and payable not later than, one =' :' without ' r and Y (1) year after date. = `'. - be Provided by ordinance The municipal judge shall lio penalty his office ARTICLE VIII � N . at the pleasure of the city council MISCELLANEOUS PROVISIONS Section 2. The municipaI judge shall have power by his warrant SeeEion 1. Ia case any one or more of the sections or provisions .' to have t he same served any place in the State of Florida; to have of this Act or the application of such sections or provisions to any brought before hiln anv per or persons charged ,, the viola- situation shall for any reason be held to be unconstitutional, such Lion of city ordinances; and shall have exclusive original jurisdio- unconsUbItionality shall not affect any other sections or provisions tion over all proceedings of a criminal nature for of this Act or the application of su the violation of c provisions as to. h sections or any ordinance of the city. 7n the proper exercise of the functions of <� —• any other situation and it is intended that this Iaw shalt be con the munici cou t witbin its jurisdiction, as herein defined, the strued and applied as if such unconstitutional section or provision - municipal judge shall have power and is authorized io issue and had not been included herein. v. cause to be served any and a]I writs and processes such as are Section 2. The Village Council shall pass no law prohibiting the _� and th C of TS�tusvitlTe are the- auihorized and iL i n 3. . A A in the Village. ll laws, made their duty, to execute and serve all Writs and processes issued Section or parts of laws, coa$ict herewith am out of the said muDdcipal court by hereby repealed. the municipal judge, and to s ' rnake proper returns upon the same to such court in the manner as take e Act sha Section required by constables and sheriffs in the execution of similar t This ll effect and be is full force mom _ papers. The municipal judge and police officers stall have the and after its p and approval ;� the Governor, or, upon be_ pov�er to take bail for the appearance of an accused person, and if coming a law without such approval such person shall fail to a gpear the city judge shall declare socb Became a laiv without the Governor's approval. ,r, bond or security entreated. The municipal judge shall have power and for the ac- Piled in Office Secretary =. to require the attendance of zviEnesses for the city etary of State done 4,1957. ^ , : cused person; to administer oaths and take affidavits; and to in- quire into the truth or falsity of all charges preferred; to decide CHAPTER 57 -1916 ti. on the guilt or innocence of the accused; and to fix and impose such Penalties by sentence as are prescribed and provided for under SENATE BILL NO. 3211 t _ the ordinances of the city; and to have all powers incidental and AN- ACT to establish a i municipal court: Providing for the ap asuaI to the due enforcement of such city ordinances. pointment, duties and powers of a mwdei al 'u p judge of the Gty Section 3. The azunicipal court- shall have of Titusville, Florida, a municipal corporation of Brevard Coun "' authority to prey 3376 Florida. same a;' serve order and decor%= and shall be vested with She same powers r to that end by f}aoiug and imprisonment as are possessed and au- � l .< F 38T7 7. '� •�n-+± o „i•• .. .v� .:may •ate. :J �'S. ^� ' a , .•:�: s.'. - - s.. _ .M_ c ?'� __