HomeMy WebLinkAboutArticles of Incorporation Village of North OrlandoVILLAGE OF NORTH ORLANDO
INCORPORATED
JUNE 20, 1959
CITY OF WINTER SPRINGS
INCORPORATED
APRIL 20, 1972
VILLAGE
OF
NORTH ORLANDO
INCORPORATED
JUNE 20, 1959
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LAWS OF FLORIDA CHAPTER 59-1614 . { d
taxes shall become delinquent on August 1 of the following fiscal t
year in which said taxes were assessed. Land shall be sold for de-
linquent taxes pursuant to the procedure set forth in the laws of
the State of Florida. °
i
Became a law without the Governor's approval. t
Filed in Office Secretary of State June 12, 1959.
CHAPTER 59-1614 °
HOUSE BILL NO 2474
AN ACT providing for the establishment and creation of a munici-
pality to be known as the village of North Orlando, Florida; de-
fining its territorial boundaries; providing for its government, : T,
jurisdiction and powers, including the power and procedure for
annexing contiguous territory by ordinance; prescribing the pow-
ers, duties and authority of its officers; providing for other pur- a
poses; and repealing all laws and parts of laws in conflict here-
with; providing an effective date. i
Be It Enacted by the Legislature of the State of Florida:
ARTICLE I
CORPORATE NAME
The municipality hereby established shall be known as "THE
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VILLAGE OF NORTH ORLANDO, FLORIDA. # . ;
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ARTICLE II '
TERRITORIAL BOUNDARIES
All those certain parcels of land lying and being in Seminole
County, Florida, more particularly described as follows:
The following lots and lands lying within D. R. Mitchell's Survey
of the Levy Grant, Plat Book 1, page 5, of the Public Records of
Seminole County, Florida. .
Lots 26 and 28 of Block "B", Lots 13, 14, 15, 19, 20 and 23 of
Block "C". All of the unplatted part of the Levy Grant lying North `
of Lot 19, Block "C", also of the unplatted part of the Levy Grant
bounded on the North by the South boundaries of Lots 19, 20 and
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21, Block "C", on the East by the West line of Lot
on the South by the North line of Lo 13, Block
ts 13, 14, 56 and 15, Block
and on the West by the East boundary of Lot 16, Block "C" and
Lot 16, Block "C"
(This last description corresponds to the loca-
tion and description of Lots 14 and 15, Block
of said lots being defined on the plat as recorded ?inhPlat Booki 1,
page 5.) Also, Lots 12, 13, 14, and 15 and Lots 26 to 54 inclusive ex-
cept all that part of Lots 13 and 14, of Block "C" and all that part
of Lots 12, 13, 53 and 54 of Block "D" platted as North Orlando and
recorded in Plat Book 12, pages 10 and 11 of the Public Records of
Seminole County; also except all that part of Lot 14, of Block "C"
and all that part of Lots 13, 14, 54 and 55 of Block "D", platted as
North Orlando First Addition and recorded in Plat Book 12, pages
23 and 24, Public Records of Seminole County. All of Lot 56 (less
the East 300 feet) lying North of Longwood-Wagner Road; all Lots
59 to 94 inclusive and the East % of Lot 95, Lots 99 to 107 in-
clusive, and the East 1/4 of Lot 108, 10 acres square in the Northwest
corner of Lot 110, all of Lots 111 to 115 inclusive; Lots 119 all of
Lots 127 and 128 and all of that part of Lots 129, 130 and 131 not
heretofore conveyed to Seminole Driving Park, all of Lots 135, 136,
143 and 144, all in Block "D", less and except (Lots 45 to 61, inclu-
sive of Entzminger Farms No. 2, as recorded in Plat Book 5, page
9, Records of Seminole County, Florida, which lie within and com-
prise the North 1/2 of Lots 48, 49, 50 and 51, Block "D") also a tract
of land described as follows: Begin at the intersection of the East
line of Lot 99, Block "D" with the North line of the lands of Micou
and LeHardy, run thence Southeasterly along the North line of the
lands of Micou and LeHardy approximately 2400 feet to the West
line, extended South of Tuscawilla, thence North along the West
line extended South and the West line of Tuscawilla to the North-
west corner of Tuscawilla, thence Easterly along the North line
of Tuscawilla to the West side of a road running North and South
between Lots 7, 8, 9, and 10, Tuscawilla, thence Northwesterly along
the West side of said Road to the Southeast corner of Lot 36, Block
"D" thence Westerly along the South lines of Lots 36 and 37 Block
"D", to the Northeast corner of Lot 61, Block "13", th
easterly along the East line of Lots 61 and 74, Block eDe South-
Southeast corner of Lot 74, Block "D", thence , to the
Westerly along the
South line of Lots 74, 75, 76 and 77 Block "D" to the Northeast
corner of Lot 99, Block "D"; thence southerly along the East line of
Lot 99, Block "D" to point of beginning. The last described lands
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LAWS OF FLORIDA CHAPTER 59-1614
cover what is marked on the plat of D. R. Mitchell's Survey of the
Levy Grant as Lots 59, 60, 61, 72 and 73, Block "D".
Lots 26 and 27 of Entsminger Farms Addition No. 2, as recorded
in Plat Book 5, Page 9, of the Public Records of Seminole County,
Florida. All that part of Lot 55 of Block "D" of D. R. Mitchell's Sur-
vey of the Levy Grant, according to the plat thereof, recorded in
Plat Book 1, Page 5, Public Records of Seminole County, Florida,
lying North of the Longwood-Wagner Road. Also Lots 33 to 40 in-
clusive, and 43 to 51 inclusive, and 56 to 61 inclusive, of Entsminger
Farms Addition No. 2, according to the plat thereof, recorded in
Plat Book 5, Page 9, Public Records of Seminole County, Florida.
Lot 23 of Block "C" of the above described Levy Grant has been
included in Spring-Hammock and comprises Lots 48 to 52 and ap-
proximately the East half of 53 of Spring-Hammock. Also, the South
250 feet on Block 3 and all of Blocks 4 to 100 inclusive, of Gardena
Farms, according to plat recorded in Plat Book 6, page 23 and 24
of the Public Records of Seminole County, Florida, and all of
Gardena Farms Townsites, according to Plat recorded in Plat Book
6 at page 39, of the Public Records of Seminole County, Florida,
except Lots 1, 2 and 3 in Block 2, and the unplatted portion of
Block 2, and Blocks "B" and "C".
ARTICLE III
GOVERNMENT
Section 1. The government of said municipality shall be vested
in a governing body to be known as "Village Council of North Or-
lando," sometimes hereinafter referred to as the Village Council.
Such Council shall be composed of five members to be called Coun-
cilmen.
Section 2. No person shall be eligible to any elective office of
the said municipality unless he shall be over twenty-one years of
age and a registered voter of said municipality, and unless he shall
be a citizen of the United States and owner of real: property situated
in said municipality.
Section 3. Until the first elections shall be held under the pro-
visions of this Act, and until their successors shall be elected and
qualified,
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CHAPTER 59-1614 LAWS OF FLORIDA
Group 2 Reginald S. Webster
Group 3 Frank A. Fusula
Group 4 Dominick Terabo
Group 5 George A. Spears
are hereby appointed as and to be members of the Village Council
and shall constitute the first Village Council thereof.
Section 4. Within ninety (90) days after this Act becomes law,
the Village Council shall by resolution appoint one of its members
as and to be Mayor of said municipality and another of its members
as and to be the Vice-Mayor of said municipality, and shall also
appoint a Village Treasurer, a Tax Assessor, a Tax Collector and
a Village Clerk (who shall be the registration officer of said Vil-
lage), all of whom shall be subject to the control of the Village
Council. A member of the Village Council shall be eligible to hold
any one or more of the said offices and any one person may be ap-
pointed to hold any one or more of the said offices.
Section 5. The Mayor and Vice-Mayor appointed, as hereinabove
provided, shall each hold office until his successor shall be elected
in accordance with the provisions of this Act and shall qualify;
and the person or persons appointed to hold the offices of Village
Treasurer, Village Clerk, Tax Assessor and Tax Collector shall
hold their respective offices until their successors shall be appointed
and shall qualify and during the pleasure of the Village Council.
Section 6. On the third Tuesday in March, 1962, an election by
the qualified electors of said municipality shall be held to elect
members of the Village Council to succeed the members whose
appointment expires in 1962 as provided for herein and thereafter
on the third Tuesday in March of each succeeding year a general
election shall be held to elect successors to the members of the
Village Council whose terms of office shall then expire.
Section 7. The selection of members of the Village Council shall
be by groups to be known as Groups 1, 2, 3, 4 and 5. The Council-
men in Groups 1, 3 and 5 shall be elected in the odd years and
Councilmen in Groups 2 and 4 shall be elected in the even years.
At the first annual election to be held in March, 1962, Councilmen
in Groups 2 and 4 shall be elected to a two-year term, and every two
years thereafter Councilmen shall be elected in said groups *for a
two-year term. At the election to be held in 'March, 1963, Council-
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LAWS 'OF FLORIDA' CHAPTER 59-1614
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men in Groups 1, 3 and 5 shall be elected to a two-year term to ex-
pire in 1965 when Councilmen in said groups shall be elected to a
two-year term and every two years thereafter Councilmen in said
groups shall be elected to two-year terms. The term of office of
Councilmen shall commence on the first Monday in April and shall
continue for two years thereafter and until their successors are
elected and qualified. Any candidate seeking election as Councilmen
shall file with the Village Clerk a written notice to such effect dur-
ing the last ten days of February in the year of the election, and
shall pay such filing fee as shall be set by ordinance. Such notice
shall state the number of the group in which he seeks to be elected,
his place of residence, his age, a description of the real property
owned by him in the Village, and any other data required by
ordinance. The candidate for each group receiving the highest vote
cast for such office shall be deemed elected to such office. In the
event of a tie vote between candidates receiving the highest number
of votes cast for any office, the names of all such tied candidates
shall be placed on the ballot and be voted upon at an ensuing runoff
election to be held on the succeeding Tuesday. Such election shall
be held in the same manner and by the same officers holding the
previous election. No notice need be given of such election or of
any other election hereunder. In the event of such runoff election,
there shall appear on the ballot, and be voted upon, only the names
of the two persons receiving the highest vote cast for such office or
offices.
Section 8. Each person appointed or elected as a member of the
Village Council of said municipality, before entering upon the dis-
charge of the duties of the' office, shall take and subscribe the fol-
lowing oath before some officer authorized to administer oaths
under the laws of the State of Florida; "I do so solemnly swear (or
affirm) that I will support and protect and defend the Constitu-
tion and government of the United. States and of the State of
Florida against all enemies, domestic or foreign, and that I will
bear true faith, loyalty and allegiance to the same; and that I am
entitled to hold office under the Constitution of the United States
and the Constitution and Laws of the State of Florida, and that I
will faithfully perform all the duties of the office of Councilman
of the Village of North Orlando, Florida, upon which I am about
to enter, so help me God." This oath may be. spread upon the
minutes of the Village Council..
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Section 9. The members of the Village Council elected pursuant
to this Article, shall meet for organization immediately following
their qualification on the first Monday in April next following the
date of their election and at said meeting the Village Council shall,
by resolution, appoint one member a Mayor and another a Vice-
Mayor of the Village, each of whom shall hold such office for a
term of one year and until his successor shall be appointed and
qualified.
Section 10. At each such organization meeting the Village Coun-
cil may also appoint a Village Treasurer, a Tax Assessor, A Tax
Collector and a Village Clerk. The officer or officers so appointed
shall ordinarily hold office for a term of one year and until their
successors are appointed and qualified but all subject to the pleasure
of the Village Council.
Section 11. Every appointive Village officer shall take and sub-
scribe, before an officer duly qualified to administer oaths, an oath
or affirmation faithfully and impartially to execute the duties of
his office according to the best of his ability and understanding,
which may be filed with the Village Clerk and spread upon the
minutes of the Village Council.
Section 12. If there shall be a vacancy in any elective office,
the Village Council, or so much of it as shall remain, shall have
power, by resolution, to fill such vacancy by the appointment of a
suitable person to hold such office until the next
and until his successor shall be elected and qualified n. If byereason
of absence or disability, any officer of the Village is unable to per-
form the duties of his office, the Village Council shall have the
power, by resolution, to appoint some suitable person to hold such
office for and during the absence or disability of such officer, and
the person so appointed shall have, during such period of absence
or disability, all the power and duties conferred by law upon the
officer for whom he is appointed to act.
Section 13. Any member of the Village Council of the said
Village may be removed from office and deprived of the right to
serve as such official for misfeasance, nonfeasance, malfeasance or
any conduct of an immoral or criminal nature committed while
holding office; but, before any such official shall be removed and
denied the right to perform his official duties, a written complaint
shall be filed with and presented to the Village Council by some
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LAWS OF FLORIDA CHAPTER 59-1614
citizen or taxpayer of said Village, setting forth in reasonable de-
tail the offense of which the said official is charged. Such complaint
shall be considered by the Village Council, and if such Council shall
determine that the offense charged is of such nature and gravity
as to constitute a ground, or cause, for the removal of such official,
the Council shall thereupon set a date for the hearing of the said
complaint and direct the chief of police, or some other officer of
the Village, to give the official so charged written notice of the date
of trial and also deliver to him a copy of the complaint so filed.
Upon the trial of such complaint, testimony shall be heard by
the Council, both in support and in defense of the charges made, and
both the complainant and defendant shall have the right to be repre-
sented by counsel; and, if a majority of the members of the Council
present at such hearing shall find and determine that such official
is guilty of either or all of the offenses as charged in the complaint,
the Council shall thereupon adopt a resolution removing such offi-
cial and depriving him of the right to perform his official duties and
declaring his office vacant; and the said official shall no longer have
the privilege of performing his official duties, his office shall be
vacated and his successor shall thereafter be selected in the manner
provided herein.
Upon any trial under the provisions of this section, all witnesses
shall give testimony under oath and any member of the Council
present at such hearing, or the Mayor, or the Village Clerk shall
be authorized to administer oaths.
It shall be the duty of every officer of the Village, within ten (10)
days after the expiration of his term of office or of his removal
therefrom, to deliver to his successor in office, or to such person as
the Village Council may designate, all books, records, papers, vouch-
ers and property of every kind in his possession or control belonging
to the municipality.
Section 14. The Village Council shall have power to employ
and retain an engineer and an attorney and to appoint or employ
such additional officers, assistants and employees as the business of
the municipality may require; and it shall have the power to fix
and determine the authority, duties and compensation of all elected
and appointed officers, assistants and employees, but the compensa-
tion of an elected officer which has been so fixed shall not be in-
creased during his term of office.
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Section 15. The Village Council shall have the power to re-
quire the Village Clerk, Treasurer, Tax Collector and other officers,
including its own members, before any of them enters upon the
duties of his office, within such time as it may
t enter
into a good and sufficient bond conditioned as it may require for
the faithful performance of his duties and it may from time to
time require further or additional bonds; and for failure to give the
same it may declare such office vacant.
Section 16. The Village Council shall be the judge of the elec-
tion and qualification of its members, shall have power to determine
and establish the rules governing its own proceedings and to deter-
mine the time and place for holding its meetings and the notice, if
any, of special meetings. Special meetings shall be held when called
by the Mayor, or by any two members of the Village Council. All
meetings of the Council shall be open to the public and the rules of
the Council shall provide that the citizens of the Village shall have
a reasonable opportunity to be heard at such meetings in regard
to any matter pertaining to the Village. The Mayor, or in his ab-
sence the Vice-Mayor, shall preside at all meetings of the Council
and the Village Clerk shall be present at all meetings of the Council
and shall keep a record of the proceedings of the Council in a
minute book to be provided and kept for that purpose. He shall
preserve and maintain in an ordinance book to be provided and kept
for that purpose, all ordinances. He shall
in a resolution book to be provided and kept preserve
for that and maintain
purpose all
resolutions. The ordinance book and resolution book hall' be
deemed to be public records and each ordinance and resolution so
recorded shall be signed by the Mayor and by the Village Clerk.
Copies from said minute book, ordinance book or resolution book,
duly certified by the Village Clerk under the Corporate Seal of
the Village, shall be received in evidence in all courts.. and places
as proof thereof. The Village Clerk shall certify and keep a record
of all permits issued by the Village or pursuant to its authority.
Section 17. A majority of the members of the Council shall con-
stitute a quorum to do business, but a less number may adjourn.
from time to time and compel the attendance of absent members in
such manner and under such penalties as may be prescribed by
ordinance. The affirmative vote of a majority of the members present
at any meeting shall be necessary to adopt any ordinance, resolu-
tion, order or vote. No member shall :be excused from voting ex-
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LAWS OF FLORIDA CHAPTER 59-1614
cept on matters involving the consideration of his official conduct
or when his financial interests are involved, in whicli: case the
affirmative vote of a majority of the members voting shall be neces-
sary for the adoption of any ordinance, resolution, order or vote.
The enacting clause of all ordinances shall be: "Be It Ordained by
the Village Council of North Orlando, Florida."
Unless approved and subscribed by the five members of the Vil-
lage Council, no ordinance shall be adopted until ten (10) days after
the introduction of such ordinance.
Every ordinance, when introduced, shall be read in full but upon
consideration of any ordinance on second and final reading, if not
amended, it may be read by title only.
Every ordinance, upon its adoption, shall be signed by the Mayor
and by the Village Clerk and when so signed it shall become
effective then, unless otherwise provided therein.
Before introduction, all ordinances and resolutions shall be re-
duced to writing. Resolutions shall be signed by the Mayor and by
the Village Clerk.
Section 18. Every resolution which shall be signed by all mem-
bers of the Village Council shall be valid and as effectual as though
passed by unanimous vote at a duly called regular meeting of the
Village Council.
Section 19. The Village Council shall, by ordinance, provide for
and regulate the registration of voters and the conduct of elections.
Section 20. Any person who shall possess the qualifications of
an elector under the general laws of the State of Florida governing
elections and shall have resided within the territorial limits of the
Village of North Orlando, Florida, for six (6) months preceding the
election and shall have registered in accordance with the ordinances
of said Village shall be entitled to vote at any municipal election of
the said municipality except in elections limited to qualified electors
who are freeholders residing within the Village.
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ARTICLE, IV
VILLAGE OFFICERS
Section 1.: The officers of the municipality shall be a Mayor, a
Vice-Mayor, a Village Treasurer, a Tax Assessor, a Tax Collector,
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a Village Clerk (who shall also be registration officer), a Judge of
the Village Court, and such other officers as may be provided for
by law or by the Village Council pursuant to the authority con-
ferred by this Act.
The Village Council shall have the power and authority to em-
ploy or appoint some person or one of its own members as a Village
Manager and to prescribe his powers and duties. The Manager shall
be the administrative head of the municipal government but shall
be subject to the direction and supervision of the Council. The
Manager shall be chosen solely on the basis of his executive and
administrative qualifications and he need not be a resident of the
Village. The Manager shall receive such compensation as shall be
fixed by resolution of the Council and shall hold office during the
pleasure of the Council.
Section 2. The Mayor shall be the chief executive officer of the
Village and it shall be his duty to attend to the proper and effective
enforcement of the laws and ordinances of the Village, under the
overall supervision of the Council, and with the aid of the Manager,
if any. In case the Council shall provide for a Village Chief of
Police, such person shall attend to the proper and effective enforce-
ment of the laws and ordinances of the Village under the overall
supervision of the Council.
Section 3. The Vice-Mayor, in the absence or during the dis-
ability of the Mayor, shall have all of the powers and duties of the
Mayor.
Section 4. The Village Clerk shall be the registration officer and
shall, in addition to the duties which are or may be required by
him by this Act or by any law of the State or by any ordinance
of the said municipality, have the custody of all the general records,
books and documents of the Village, and shall perform such further
duties as are imposed upon him by the Council by resolution, ordi-
nance or otherwise.
Section 5. The Village Treasurer shall receive, safely keep and
disburse, under the direction of the Council, all funds belonging
to or under control of the municipality; shall keep an accurate
account of all receipts and disbursements in such manner as the
Council shall direct. The Treasurer shall annually, on or before
the first day of February, furnish to the Mayor and to the Council
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LAWS OF FLORIDA CHAPTER 59-1614
of a full report of the receipts and disbursements during the pre-
for ceding calendar year; and he shall, whenever required by the
on- 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
age to his office whenever required to do so. The Treasurer shall de-
ag posit funds of the Village in such banks or trust companies as the
call Council shall from time to time designate; and all checks drawn
'mil upon any depository se y p ry of the Village funds shall be numbered con-
.he secutively, and shall be signed by the Treasurer unless otherwise
the provided by resolution of the Council, and no money shall be paid
be except by check, unless express authority so to do has been first
the 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
the ! as may be provided by law or by ordinance or resolution of the
ive Council.
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th Section 7. It shall be the duty of the Tax Collector to collect
of and receive all moneys due to the Village whether for taxes, assess-
ce- ments or otherwise; and he shall keep an itemized account of all
all such moneys in books to be provided for that purpose, wherein
shall be entered the name of the person from whom each sum of
money is received, and the date when received, and the purpose
!is- for which such payment is made; and he shall pay and turn over
:he 4 to the Treasurer daily or at such other times as provided by resolu-
tion of the Council all moneys of the Village collected or received
by him during the preceding fiscal year, together with a statement of
nd the manner in which said moneys have been disposed of by him, and
by shall furnish a copy thereof to the Mayor and to the Council on or
ice before the first day of March in each year; and he shall keep a
ds, record of all taxes, assessments or other charges which are or may
ier be a lien upon land, and of the payments made for or on account of
di- all such taxes, assessments or other charges which are liens upon
land. At any time, upon demand of the Mayor or the Village Council,
nd the Tax Collector may be required to furnish a report setting forth
ng , detailed information pertaining to his office.
ite Section 8. The Village Treasurer, the Tax Assessor, the Tax
he Collector, the Village Clerk or any other officer of the Village, ex-
,re cept the Mayor or Vice-Mayor, may be removed from office, with
cil or without cause, by the Council. In the event that any such officer
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shall be so removed, then and in that case his term of office
expire and end when such removal b shall
ecomes effective
herein contained to the contrary notwithstanding. anything
The Mayor shall have power, for sufficient cause, to suspend any
Village officer other than a Village Councilman. In case of the.sus-
pension of any such officer, the Mayor shall, within fifteen (15)
days thereafter, deliver to the Village Clerk a specification in writ-
ing of the charges preferred to the officer suspended; and it shall be
the duty of the Clerk to present such charges to the Council at its
next meeting following the receipt of such charges by him; and
thereafter the Council shall proceed to hear and determine the said
charges; after reasonable notice of such hearing to the suspended
officer, who shall be given an opportunity to be heard with his wit-
nesses. If upon such hearing the charges preferred against such
officer shall not be sustained by the Council, the officer shall be
thereby immediately restored to office unless the Council shall de-
cide to terminate the services of such officer for other cause, or
without cause.
In the event that anv 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 per-
form the duties of the officer suspended, until the charges against
such suspended officer be heard and determined by the Village
Council.
ARTICLE V
MUNICIPAL POWERS
Section 1. The said Village of North Orlando, Florida, shall be
and constitute a body politic and corporate and as such shall have
perpetual existence and may sue, be sued, defend, plead and be
impleaded in all courts and places and shall exercise all the pow-
ers, privileges, and functions of municipalities prescribed, authorized
and provided in the general laws of the State of Florida fully and
completely unless prohibited by or contrary to the provisions of
this Act.
Section 2. No person, firm or corporation
action for damages against the Village w thout hhavin firs a any
filed
within thirty (30) days from the date of the accrual of he tcause
of action a notice of the claim, in writing, with the Council, and
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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.
Section. 3. The municipality hereby established shall have pow-
er:
(1) To raise annually by taxation such sums as the Council
shall deem necessary for the lawful purposes of the Vil-
lage provided that no tax shall be levied in any year in ex-
cess of 10 mills on the dollar of assessed valuation of taxa-
ble property.
(2) To tax, license, regulate and control persons, firms, associa-
tions and corporations conducting, carrying on or engaged
in any business, occupation or profession within the ter-
ritorial limits of the Village and the amount of such licenses
and taxes shall not be dependent upon a general state
revenue law.
(3) To borrow money temporarily in the name of the Village
in. the anticipation of the raising of taxes, or other ap-
propriated revenue, to an amount not exceeding 8017o of
such taxes or other appropriated revenue in any one year.
(4) To borrow money temporarily in the name of the Village
during the construction of any public work or improve-
ments, on account of which assessments for benefits are
authorized to be made and collected, to an amount not ex-
ceeding 807o of the cost of any such work or improvements.
(5) To issue its bonds or notes to secure the repayment of any
money it is authorized to borrow.
(6) To provide for street lighting, fire hydrants, garbage col-
lection, sanitary sewer collection and disposal, and for any
other municipal or public service, and to build,. construct,
acquire, own, maintain, operate and lease all structures,
land and other equipment necessary therefor except as
otherwise provided herein.
(7) To regulate and control the use of.any .public park, street,
road. or highway :within the. territorial. liinit6.. of said Village
2763
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Cl3APTER 59-1614 LAWS OF FLORIDA
by any municipality, corporation,
firm or individual using
any such public street, road or highway for the conduct of
gas or water or for telephone or electric light or Power
poles, lines, subways or conduits, or for any other public
utility or service.
(8) To acquire, either by lease, gift or purchase, any land or
Any estate or interest therein
}
t: within limits of said Village for any of without the
Purpose; except as Y public or municipal
provided in sub section (11) hereof.
(9) To give and grant franchises upon such terms and condi-
tions as the Council shall prescribe, for a term not longer
y' than thirty (30
s, I ) years, to those engaged in furnishing gas,
water, electric, telephone, transportation, sewer or other
r 1 public service, providing, however, as to any utility where
the Village Council by law has
franchise shall provide for such rrate making power
ates as hall pro such
provide a
fair return on the replacement or reproduction value of such
q ' utility.
5
Ii
(10) To prohibit and abate nuisances.
?. (11) The Village shall have the
pt as to water supply power of eniment domain ex-
ce or distribution systems, sewer or
sanitary collection or treatment systems, and illuminating
' J
or fuel gas sales or distribution systems.
(12) To prohibit, regulate and license the manufactur
?. storage, keeping or use of any inflammable a e' sale,
highly combustible material, thing' pousubstance'or compound.
d.
(13) To establish a health department and adopt sanitary regula-
tions and ordinances.
(14) To protect life and property.
(15) To prevent drunkenness, vice and
I Immorality.
(16) To preserve the
!! j public peace.
i (17) To fix penalties to be imposed upon offenders is of violating any of the ordinances of the Village; pr v ided
however, that no penalty shall exceed a fine of Fv a Hun
dred Dollars ($500.00), or imprisonment in the Village jail
or at hard labor on the streets or other work of the Vil-
2764
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LAWS OF FLORIDA CHAPTER 59-1614
lage for a period not exceeding ninety (90) days, or both
such fine and imprisonment. ,
(18) To establish, regulate and maintain a fire department and
a system of fire protection.
(19) To establish, regulate and maintain a police department.
(20) To pay out, open and maintain public streets, roads, parks
or other public places, and to cause any public streets, road,
highway or alley to be vacated, widened, extended or other-
wise changed as to its boundaries or location; and to acquire i
the necessary lands for any purpose.
(21) To cause sanitary and storm sewers and drains to be con-
structed and maintained together with sewage disposal and
r^
fsa
treatment plants. `
(22`, To regulate traffic, the speed of motor vehicles, and the use t
thereof.
(23) To construct wharves, docks and piers; regulate the speed
of boats and watercraft; regulate wharfage, dockage, moor- `
ing and anchorage of boats and watercraft; construct
b
id F
r
ges, establish ferries and fix the rates of ferriage and
tolls; erect all necessary public buildings and public works
and control and dispose of the same as the interests of the
Village may require; to establish bulkhead lines u
on all
f ' F
p
waters within the Village, and to adopt ordinances reg- a:
ulating or prohibiting filling of submerged lands outside of €
such bulkhead lines, which such lines so established shall
govern over lines established by any other governmental ' `
body of the State of Florida; and to do and perform all
other act or acts as shall seem necessary and best adapted
to the improvement and general interest of the Village. k
(24) To maintain any or all of its public buildings or works out-
ii ss:
side the municipal limits of the Village.
(25)
f To enter into contracts with other municipalities or govern-
mental entities providing for the exercise of any corporate
' or governmental function; and to cooperate with any other
municipality, public corporation or governmental unit in
the discharge of its corporate functions.
2765
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CEAETER 59-1614,
LAWS OF FLORIDA
-(26) To regulate the., sale or handling of liquor and other al-
coholic beverages so far as permitted by State law.
(27) To establish a building code, electrical code' and plumbing
code and provide for the issuance of building permits; to
have the powers granted by Section 165.191, Florida Stat-
utes, 1955.
(28) To adopt from time to time all such ordinances and resolu-
tions as the Council deem necessary or proper for the gen-
eral welfare, good government and proper regulation of
the municipality and the protection of the life, health or
property of the municipality and its inhabitants.
(29) Upon .petition -of. the owners. of the majority of the lands
adjoining or within two (2) miles of the territorial bounda-
ries of said municipality, to annex such lands by ordinance
to the territorial limits of the municipality hereby ' es-
tablished. Whenever any land shall be annexed to the muni-
cipality hereby established, upon the petition of the owners
of the niajority of the lands thereof and in accordance with
the power and authority hereby given, then such land so
annexed shall be and become a part of the municipality
hereby established with the same force and effect as though
the same had been originally incorporated in the territorial
boundaries thereof.
I
(30) To foreclose assessments, taxes and tax certificates as pro-
vided by law.
(31) To levy and collect an excise tax on the sale of cigarettes,
metered or bottled gas, telephone service, electric current
and water and similar services within the Village as pro-
vided by general law.
(32) To provide regulations and restrictions governing the
height, number of stories, construction and size of buildings
and other structures, the percentage and portion of lot that
may be occupied, the size of yards, courts, and other open
spaces, and the location and use of buildings, structures and
land for trade, industry, residences, apartment houses and
other purposes. "Such regulations may provide for a board
of appeals to determine and vary their application in harmo-
2766
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-LAWS OF FLORIDA -CHAPTER W-1614
ny with their general purpose and intent and in accordance
with the general provisions of the ordinances; and may also,
by a zoning ordinance, regulate buildings and structures
according to their construction and the nature and extent
of their use and the use of lands therein. All such regula-
tions shall be uniform for each class or kind of buildings
or other structures throughout each district, but the regula-
tions in one district may differ from those in other districts,
and all such regulations shall be made in accordance with
a comprehensive plan and design for one or more of the
following purposes: To lessen congestion in the streets, to
secure safety from fire, panic and other dangers; to promote
health, morals or the general welfare; to provide adequate
light and air; to prevent the overcrowding of land or build-
ings; and to avoid undue concentration of population. Such
regulations shall be made with reasonable consideration,
among other things, to aesthetics, to the character of the
district and its peculiar suitability for particular uses, and
with a view of conserving the value of property and en-
couraging the most appropriate use of land throughout such
municipality.
(33) To employ all persons necessary for the successful opera-
tion of said Village and to fix the amount of compensation
to be paid to such employees and prescribe the amount and
condition of any bond or bonds executed by any employee.
(34) To have the powers contained in Section 167.73, Florida
Statutes.
(35) Except as otherwise provided herein, to have all the powers
and privileges granted to municipalities under the general
laws of the State of Florida.
(36) To regulate the use of recreational facilities owned by the
Village, to charge a reasonable fee for the use thereof, or
to restrict the use thereof to property owners in or residents
of said Village.
(37) The municipality shall not have the power or authority to
exercise the authority contained in subsections (3), (4).::.and
(5) of Article V, Section 3 until the full membership ":of
the village council has been elected by the duly qualified
electors 'of the municipality.
2767
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CHAPTER 59-1614
LAWS OF FLORIDA
I
j ' ARTICLE VI
i f
r !
VILLAGE COURT
rj
' }fit Section 1. There is hereby established in the Village of North
Orlando
Florida
,
, a court to be known as the "Village Court of
North Orlando." The said court and th
` e judge thereof shall have
jurisdiction, power and authority to try all persons charged with
violation of any of the ordi
i nances of the Village, without jury, and
upon conviction to impose penalties within the limitations prescribed
by such ordi
nances and by this Act. The Judge of said court shall
be a member of the Florid
B
f ' j 4I a
ar and shall be appointed
resolu-
tion of the Village Council and shall hold office d
i
ur
ng he pleasure
of the Council, and in the event of the absence, disability or dis-
qualification of the said jud
th
ge,
e Council shall have power to
designate, by writing filed in the office of the Vill
{ age Clerk, some
suitable person having the qualifications aforesaid to act during the
absence
disabilit
o
di
,
y
r
squalification of the Village Jud
ge.
Section 2. The said judge shall have
have brought before him an power, by warrant, to
an
y person or persons, charged with the
violation of any ordinances of the Village, and shall have e
l
i
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xc
or
g
us
na
ve
jurisdiction over all such proceedings. In the proper exer-
else of the functions of said
court and within its jurisdiction as
hereby defined, the judge of said court shall h
ave power and is
hereby authorized to issue and cause to be served b
!
E' y any police
officer of said Village, constable or deputy sheriff of the Count
of Semin
l
y
o
e, any and all writs, warrants, search warrants and other
processes necessary for the detection
d
an
punishment of viola-
tion of any of the ordinances of the said Village, and the police of
the said Village are hereb
auth
i
d
y
or
ze
and it is hereby made their
duty to execute and to serve any and all such writs and
processes
issued out of the said Village Court by the judge thereof, and to
make proper return ther
t
eon
o said Court. The judge of said court
shall have the power and authority to take bail or other
i
I secur
ty for
the appearance of any accused person; and if such
person falls to
appear, to declare any bail or other securit
as
t
y
es
rea e
d; to require
the attendance of witnesses for the Village and for the accu
d
se
person; to administer oaths; and shall have all such other
' powers
as may be necessary to the due enforcement of any of the ordinances
of the said Village.
Section 3. The Village Clerk shall be the Clerk of the Village
{
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LAWS OF FLORIDA CHAPTER 69-1614
Court and shall attend all sessions thereof. He shall have power to t
issue warrants, search warrants and other writs and processes in
the absence or other disqualification of the Village Judge. He shall
1
keep a docket in which shall be entered the title of all cases tried
in said court, the nature of the offense charged, the judgment
of the
!
court and the fine or imprisonment imposed. He. shall file and keep
in his
ffi
th
l
;
4
o
ce
e comp
aint, warrant or other process and all papers
filed in any of the cases tried before said court. A copy of the docket,
complaint, warrant or other process, and of any paper filed in any -
'
case tried before said court, and certified by the Clerk of said ,
court as being a true co
py of the original, under the seal of the
Village, shall be prima facie evidence thereof and of the facts there- 4
in stated, and shall have the same force and effect in all courts as
would the original. -'-
Section 4. The said court shall have power and authority to a
r t.
preserve order and decorum and shall be vested with the same pow-
ers to that end by fine and imprisonment as are possessed by crimi-
nal courts of record in this State. l
Section 5. All fines, penalties and fees collected in the court i
shall be revenue of the Village and shall be paid over to the Tax E
Collector of the said Village on the day following the collection of
E
the same, and his receipt therefor shall be taken. `
Section 6. No fine or other penalty imposed by the said court
shall be remitted except by action of the Village Council provided, a
however, that this shall not be construed as to preclude the Judge j
of said court from suspending sentence in any case tried before him.
Section 7. Any person convicted in the said court of any offense
shall have the right to appeal, as provided by law.
ARTICLE VII }
TAXATION
Section 1. The Village Council shall have power to raise money
by taxation for the following uses and purposes:
(1) For the general and incidental expenses of the Village
government.
(2) For lighting the public buildings, streets and other public
places. p
2769 '
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CHAPTER 59-1614 - LAWS OF FLORIDA
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(3
(4
(5
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
For the support and maintenance of a police department.
For the support and maintenance of a fire department.
For the support and maintenance of a water department;
including a supply of water for the use of Village and its
inhabitants, water for the extinguishing of fires, water for
public building and for other public purposes.
For regulating, repairing, maintaining and cleaning the
streets, highways and other public places.
For the care, preservation and repair of public buildings.
For the relief of the poor; and for support or aid of any
hospital in Seminole County.
For the payment of interest on the public debt; and for the
payment of the principal of the public debt, as the same be-
comes due and payable.
For sinking fund payments required to be made under the
provisions of any ordinance, resolution or other competent
authority.
For the acquisition of land or any interest therein, within
or without the territorial limits of the Village, for any public
or municipal use.
For the construction, alteration, repair or equipment of
any building for a public or municipal use.
For the protection of the public health.
For the enforcement of the ordinances of the Village.
For the construction and repair of sewers, drains and
drainage ditches.
For the planting and care of shade or ornamental trees or
plants.
For the purpose of paying any note or other obligation of
the Village, with the interest.
For maintenance of a sewage system and for the disposal of
garbage or other refuse.
For the acquisition of land necessary for any street, park or
2770
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LAWS OF FLORIDA CHAPTER 59-1614
other public place and of any land or interest therein re-
quired or.necessary for the construction of any sewer, drain
or other public work.
(20) For the construction and maintenance of street and other
local improvements.
(21) For the acquisition, construction, maintenance and opera-
tion of any public or municipal plant to supply the village
and its inhabitants with water, gas, electricity or other
utility service.
(22) For any public, corporate or municipal purpose.
Section 2. On or before the first day of February in each year,
the Village Treasurer shall submit a report in writing to the Council
showing the financial condition of the Village as of the close of
business on December thirty-first of the previous year, the condition
of all separate accounts, the amount of anticipated revenue for the
next fiscal or calendar year, the amount of all outstanding debts or
obligations which become due and payable in such year.
Section 3. 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. Railway and railroad com-
panies and telephone and telegraph companies shall be subject to
taxation on real and personal properties owned by them or operated
within the Village limits in the same manner and at the same rate
of valuation as all other property. Said assessment roll, from the
time of its delivery to the Council, shall remain on file in the office
of the Clerk, or elsewhere as designated by the Council, and shall
then be open to the inspection by any taxpayer.
On or before the first day of April in each year, the Council shall
adopt a resolution fixing and determining the amount to be raised by
taxation in said Village for the current fiscal or calendar year.
After the adoption of the annual tax levy by the Council, it shall
cause a certified copy of said resolution to be delivered to the Tax
Assessor together with the tax assessment roll and certificate of
the Board of Equalization of Taxes, and the Tax Assessor then shall
proceed to assess and extend the taxes on the tax assessment roll
according to and in proportion to the valuations entered therein;
.2771
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( CHAPTER 59-1614 LAWS OF FLORIDA
4
and when this has been done by the Tax Assessor, and on or before
r June first in each year, he shall deliver the same to the Village
Clerk who shall thereafter and before November first in each year
certify and deliver the same or a copy thereof, to the Tax Collector,
4 which tax assessment roll or copy shall be the warrant and authority
' of the Tax Collector to collect and receive the taxes extended in
said tax assessment roll.
All taxes on real and personal property assessment in any calendar
year shall be a lien thereon from January first of such calendar
year, and all such liens shall be superior to all other liens or in-
cumbrances, except the lien for County taxes, with which they shall
be of equal dignity, and such liens shall continue and remain until
paid and satisfied. All personal property taxes shall be a lien upon
the personal property taxed and shall be superior to the rights
acquired under any sale, assignment or chattel mortgage, levy, or
lien upon any such personal property executed or made after such
.` assessment, except when such personal property is sold in the
regular course of trade. Personal property taxes shall become de-
linquent and shall bear such penalties, and shall be enforceable in
the manner provided by law with reference to County personal
property taxes.
All Village taxes shall be due and payable November first of the
year in which they are assessed. Discounts for prompt payment of
' taxes shall be allowed as follows: Four (4) per cent. if paid in the
month of November, three (3) per cent. if paid in the month of
December, two (2) per cent. if paid in the month of January next
following, and one (1) per cent. if paid in the month of February
next following.
j To all taxes remaining unpaid on April first following the year
j i when the same are assessed there shall be added and collected a
penalty of five (5) per cent.
Section 4. On or before the tenth day of May in each year,
but not earlier than the first day of May, the Tax Collector shall
give notice of the sale of all real property upon which taxes levied
i and assessed during the preceding calendar year shall not have
been paid. Such notice shall contain a description of each lot, tract
or parcel of land to be sold, and shall specify the amount due
a thereon, together with the cost of making such sale, and shall speci-
• ., fy the place where the said sale will be held, and the day and hour
t 2772
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dar
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or
uch
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LAWS OF FLORIDA CHAPTER 59-1614
when the said sale will commence, and a copy of such notice shall
be posted in at least three public places in said Village at ' least
thirty (30) days before the day of such sale.
At the time and place specified in said notice, the Tax Collector
shall proceed to sell all the property specified in said notice, and
such sale may be continued from day to day until all of such
property shall have been sold.
If any lot, parcel or tract of land shall not be purchased at such
sale when offered for sale, the Village shall be deemed to be and
shall be the purchaser; and a certificate of sale shall be issued to
the Village or other purchaser, as the case may be, with respect to
each lot, tract or parcel of land sold, and such certificate shall
bear date as of the day of the sale.
Such tax sale certificate shall bear interest at two (2) per cent
per month for the first twelve (12) months next following their
date, and thereafter all such certificates shall bear interest at the
rate of eight (8) per cent per annum. No tax sale certificates shall
be redeemed from the Village or sold or otherwise disposed of by
it unless the full amount thereof, with the interest, shall be paid,
except as otherwise provided by law. Tax deeds shall be issued,
executed and delivered to any persons, firms or corporations en-
titled thereto for property sold for taxes in said Village, and the
general statutes of the State of Florida pertaining to the issuance
and delivery of tax deeds shall govern and be applied, as nearly as
may be, to the issuance and delivery of tax deeds in the Village with
respect to property sold for taxes in said Village.
Any person, firm or corporation, being the owner and holder
of one or more tax sale certificates, shall have a lien against the
real estate described in such certificates, as in the case of a mortgage,
and shall be subrogated to the rights of the Village for the amount
due thereon with the interest, and shall have the right to foreclose
such lien and have the property described in each of such certi-
ficates sold for the satisfaction of such sum or sums as shall be due
thereon. In order to enforce such lien, the relief shall be obtained
in an action in the nature of an action to foreclose a mortgage, and
the procedure shall be governed in all respects by the general laws
governing and pertaining to actions to foreclose mortgages in a
court of chancery, or other court of like jurisdiction of the State of
Florida. Service of process and publication of notices shall be made
2773
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CHAPTER 59-1614 LAWS OF FLORIDA
in accordance with the provisions of said general laws governing
the foreclosure of a mortgage; and in any such action costs shall be
T taxed as in foreclosure proceedings, and such costs shall include
master's fees and reasonable fees for complainant's solicitor or
r solicitors, and the Village, or any person, firm or corporation hold-
ing two or more of such tax sale certificates shall have the right
a i to foreclose the liens evidenced by any or all of such certificates in
one action, and may join in any such action as defendants all per
sons, sons, firms or corporations interested in the lands described in
such certificates, and it shall not be necessary to institute a separate
action to enforce each separate lien. In any such f ? Y proceeding for
foreclosure of a tax sale certificate or lien, the complainant shall
i i have the right to bid and become the purchaser of any of the land
I' sold. The purchaser of any property sold in such proceedings shall
be entitled to a deed, indefeasible to all parties to such proceeding,
' and such deed shall be issued in the manner provided by the general
laws of Florida for the issuance of a deed in an action to foreclose
+ a mortgage.
I -
Where any real or personal property has escaped taxation, taxes
may be levied and collected thereon for the years, not exceeding
three (3), that such property has escaped taxation; and in the event
that any tax assessment or tax sale shall be adjudged to be invalid
or void for any cause, other than the power to levy a tax upon the
1 particular property involved, a tax may be re-assessed, levied and
collected during the current or the following fiscal or calendar
year after the date when such tax or sale was adjudged to be in-
valid or void for any cause, other than the power to levy a tax
upon the particular property involved, a tax may be re-assessed,
levied and collected during the current or the following fiscal or
calendar year after the date when such tax or sale was adjudged to
be invalid or void.
Section 5. In order to provide moneys for the expenses and sup-
port of the Village government during the first year of the existence
of this municipality, the Village Council shall have power and
authority to appropriate therefor, and for the costs and expenses
incident to incorporation, such amounts as it may by resolution fix
and determine; and any all such amounts so appropriated by the
Council during such first year may be raised by taxation and be
i levied and assessed during the next calendar year, in addition to
the taxes for that calendar year, and the Village Council shall have
y
1 2774
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LAWS OF FLORIDA CHAPTER 59-1615
the power and authority to borrow money to an amount not ex-
ceeding such appropriated revenue upon notes or other obligations
of the Village, bearing interest at a rate not exceedin six 6
cent per anum and payable not later than one 1 g ()Per
()year after date.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 1. In case any one or more of the sections or provisions
of this Act or the application of such sections or provisions to any
situation shall for any reason be held to be unconstitutional, such
unconstitutionality shall not affect any other sections or provisions
of this Act or the application of such sections or provisions as to any
other situation and it is intended that this law shall be construed
and applied as if such unconstitutional section or provision had not
been included herein.
Section 2. All laws, or parts of laws, in conflict herewith are
hereby repealed.
Section 3. This Act shall take effect and be in full force from
and after its passage and approval by the Governor, or, upon be-
coming a law without such approval.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 20, 1959
CHAPTER 59-1615
HOUSE BILL NO. 1386
AN ACT relating to the Village of North Palm Beach, Florida,
created by Chapter 31481, Laws of Florida, Ex. Sess. 1956,
amending Article IV thereof, by placing certain financial re-
ports on a fiscal year basis; by amending Article VII thereof,
by changing the submission dates for certain financial reports
and tax rolls' and by changing the adoption date for certain
resolutions; by repealing all laws in conflict herewith; providing
for an effective date hereof, and for other purposes.
Be It Enacted by the Legislature of the State of Florida;
Section I. That . Section 5, Article IV. of, Chapter 31481, Laws
of Florida, Ex. Sess. 1956, creating the Village of North Palm
2775
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