CHARTER

 

Art. I.              General Provisions, §§ 1-10

Art. II.             Town Charter, §§ 1-3

Art. III.           Powers of the Town, §§ 1-2

Art. IV.            Form of Government, §§ 1-4

Art. V.             Finance, §§ 1-24

Art. VI.            Personnel, §§ 1-2

Art. VII.          Police, Fire and Building Department, §§ 1-3

Art. VIII.         Elections, §§ 1-5

Art. IX.            Miscellaneous, §§ 1-3

 

AN ACT to abolish the present Charter of the Town of Hillsboro Beach, in the County of Broward, State of Florida, and to provide a new Charter for said Town; fix its territorial limits and boun­daries; provide for its government, and prescribe its jurisdiction powers, privileges and franchises.

 

Be It Enacted by the Legislature of the State of Florida:

 

 

ARTICLE I.   GENERAL PROVISIONS

Section 1.        Abolish Existing Municipality.

 

That the existing municipal government of the Town of Hillsboro Beach in the County of Broward and State of Florida, be, and the same is hereby abolished.

Section 2.        Title to Property Reserved.

 

That the title, rights, and ownership of all property, both real and personal, uncollected taxes, dues, claims, judgements, decrees, choses in action and all property and property rights held or owned by the municipality named “Town of Hillsboro Beach”, abolished by this Act, shall pass to and be vested in the municipal corporation organized under this Charter to succeed the municipality abolished.

Section 3.        Obligations Unimpaired.

 

That no obligations or contracts of the said municipality hereby abolished shall be impaired or avoided by this Charter, but such debts, obligations and contracts shall pass to and be binding upon the new municipality hereby creat­ed and organized, and likewise all debts or claims against the abolished mu­nicipality shall be valid against the new municipality created.

Section 4.        Officers Held Over.

 

All officers and employees heretofore elected or appointed and holding office under the said municipality hereby abolished shall continue to hold their respective offices and discharge the respective duties thereof under the new municipality hereby created until their successors are elected and qualified under the provisions of this Charter.

Section 5.        Ordinances Not Impaired.

 

All existing Ordinances and Resolutions of the said abolished municipality, not in conflict with the provisions of this Charter, shall continue in effect unless repealed, amended or modified by the municipality which is hereby or­ganized or created.

 

Section 6.        Establishment of New Municipality.

 

The inhabitants of the Town of Hillsboro Beach, as its boundaries are herei­nafter established and designated, or as may hereafter be established and des­ignated, shall continue to be a body politic and corporate, to be known and designated as “Town of Hillsboro Beach”, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued in all the courts of this state and in all matters whatso­ever.

 

Section 7.        Acts Repealed.

 

All of the provisions of Chapter 19868, Laws of Florida, Acts of 1939, Chapter 22318, Laws of Florida, Acts of 1943, all pertaining to the existing municipal government of the Town of Hillsboro Beach, be, and the same are hereby re­pealed.

Section 8.        Boundaries.

 

The following shall be the territory, the inhabitants of which are hereby established and organized into a municipal corporation, and over which such municipal corporation shall exercise its jurisdiction and powers, to-wit:

Begin at the intersection of the North line of Section 8, Township 48 South, Range 43 East, with the center line of the right of way of the Intracoastal Waterway (Florida East Coast Canal); thence Southerly along said center line through said Section 8 and Sections 17 and 20, said Township and Range, to a point in a straight line extended passing through the center of the draw of the highway bridge across the Hillsboro Inlet as constructed on January 1, 1963, said line passing through the center of the mouth of the Hillsboro Inlet as said Inlet discharged into the Atlantic Ocean on January 1, 1963; thence Southeasterly along said line through the center of the draw of said bridge to the center of the mouth of the Hillsboro Inlet; thence Northerly along the ordinary low water mark of the Atlantic Ocean to a point which is the inter­section of the North line of Section 8, Township 48 South, Range 43 East, with the waters of the Atlantic Ocean; thence Westerly along the North boundary line of Section 8, Township 48 South, Range 43 East, to the point of begin­ning; and land situate, lying and being in the County of Broward, State of Florida.

Section 9.        Seal.

 

The official seal of the Town of Hillsboro Beach hereby established shall bear the legend “Town of Hillsboro Beach, Florida, Seal”.

Section 10.      Jurisdiction.

 

The jurisdiction and powers of the Town of Hillsboro Beach shall extend over all streets, alleys, sewers, parks, and all lands within said area, whether platted or unplatted; and to and over all waters, waterways, streams, bays, bayous, submerged lands, water bottoms, and wharves; and to and over all per­sons, firms and corporations, property and property rights, occupations, busi­nesses and professions whatsoever within said boundaries.

The title to and jurisdiction over all streets, thoroughfares, parks, alleys, public lots, sewers, within the Town, and all property of every kind and char­acter which the Town may hereafter acquire within or outside the Town, or which may vest in it, or be dedicated to it, for its use or for the public use, shall be vested in the Town of Hillsboro Beach, as created under this Charter.

 

 

ARTICLE II.  TOWN CHARTER

 

Section 1.        Present Charter.

 

This Act shall hereafter be referred to as the "Charter of the Town of Hillsboro Beach, a municipal corporation of Florida".

 

Section 2.        Amendments to Charter.

 

The Charter of the Town of Hillsboro Beach may from time to time be amended by duly enacted acts of the Legislature of the State of Florida.

Section 3.        Charter History.

 

This Charter constitutes the third incorporation of the Town of Hillsboro Beach. The original incorporation occurred June 12, 1939 through passage of Chapter 19868, Laws of Florida (Senate Bill 1107). The second incorporation occurred June 16, 1947 through passage of Chapter 24562, Laws of Florida (House Bill 930).

 

ARTICLE III.  POWERS OF THE TOWN

 

Section 1.        General Powers of the Town.

 

The Town of Hillsboro Beach hereby created, established and organized shall have full power and authority:

 

(1)        Taxes and Assessments: To raise annually by taxes and assessments in said Town such sums of money as the Town Commission shall deem necessary for the purposes and needs of said Town, and in such manner as shall be hereinafter provided.

 

(2)        Occupational Licenses: To license and tax any and all businesses, occu­pations and professions carried on or engaged in, either wholly or in part within the corporate limits of the Town; to classify and define such businesses, occupations and professions for the purpose of imposing occupational license taxes or fees; and to impose on such classifica­tions reasonable occupational license taxes, and the amount of such occupational fee shall not be dependent upon nor related to the general state occupational license for similar classifications, nor the amounts allowed under the general laws for municipalities incorporated under the General State Law.

 

(3)        Acquisition of Property: To acquire by purchase, gift, devise, condemna­tion, lease or otherwise, real or personal property or any estate there­in, or riparian rights or easements therein, within or without the Town to be used for any municipal purpose; streets and highways; public park­ing lots or spaces, bridge sites; works and wells and other equipment necessary for supplying said Town with water, gas for illuminating and heating purposes and electric power for illuminating, heating and power purposes; the location of waterworks and sites for public utility works; jails, public parks, docks sea-walls, facilities for neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and water mains; and for any public or munici­pal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the Town, to the same extent natural persons might do.

 

(4)        Public Facilities: To build, construct, own, operate and maintain streets, highways, bridges and piers.

 

(5)        Franchises: To grant franchises of all kinds for the use of the Town streets, waters and water ways, public beaches and recreational facili­ties, lands and ways in the manner elsewhere provided herein.

 

(6)        Expend Monies: To expend the money of the Town for any and all lawful purposes, and to borrow money to meet current expenses and issue notes in the name of the Town for same.

 

(7)        To borrow money as hereinafter provided in accordance with the provi­sions of Chapter 166, Florida Statutes Revised, within the debt limita­tions prescribed in this Charter.

 

(8)        Special Assessments: To levy, impose and assess special assessments for benefits for improvements against adjacent or abutting property, spe­cially benefitted, to pay all or any potion of the cost of such improve­ment as hereinafter provided, and to enforce payment thereof.

 

(9)        Streets and Sidewalks: To pave, re-pave, grade, regrade, macadamize, re-macadamize, hard surface, improve, landscape, lay out, open, widen, close, curb, vacate, discontinue, extend, demolish, rebuild, and other­wise improve streets, alleys, boulevards, avenues, lanes, sidewalks, including any bridges, culverts, fills, grades or other appurtenances which may constitute or form a part of same, and any parks, promenades, piers, wharves, docks, seawalls and adjacent or contiguous thereto; and to levy and assess liens for the cost of all or any part of such im­provements as hereinafter provided.

 

(10)      Use of Streets and Sidewalks: To regulate the use of all streets, boule­vards, avenues, highways and public ways with the Town Limits of the Town of Hillsboro Beach; to license, control, tax and regulate traffic and sales upon the streets, sidewalks and public places within the town; to regulate, suppress and prohibit hawkers, peddlers and beggars upon such streets, sidewalks and public places; to license, cause to be reg­istered, control, tax, regulate or to prohibit in designated streets or parts of streets, carriages, omnibuses, motor buses, motor vehicles, cars, wagons, drays, taxis, or other vehicles for hire; to make, enact, adopt and promulgate regulations governing traffic on the public streets or parts of the streets as may be necessary or convenient; to provide for parking spaces on the streets, and at any time to discontinue the right to use parking spaces; to regulate the parking of vehicles upon any portion of the public streets of the Town of Hillsboro Beach; and generally to exercise any and all powers necessary for the regulation of traffic upon the public streets and highways within the Town Limits.

 

(11)      Docks, Wharves, etc.: To construct, build, improve, acquire, maintain or discontinue, seawalls, docks, wharves, yacht basins, bridges, viaducts, subways, tunnels, sewers, drains and canals, and to levy assessments and hold liens for all or any part of such improvements; to establish con­struct, maintain, operate and control public landings, piers, wharves and docks within and without the Town, and to acquire lands, riparian rights or other rights and easements necessary for such


            purposes; to regulate the manner of using any and all wharves and docks within and without the Town; to dredge or deepen the harbors, rivers, canals, wa­terways, or any branch or portion thereof within the Town.

 

(12)      Regulate Public Uses: To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots and other public places in the Town; prevent the use of the streets and sidewalks by private persons for business purposes or conveniences; and prescribe or regulate the flying height and manner of flight and size of airplanes and other aerial conveyances over, above, and within the area of the Town Limits; and to impose and enforce adequate penalties for violation of such rules and regulations.

 

(13)      Buildings: To adopt a building code and suitable regulations governing the construction and erection of buildings in the Town; to regulate the moving of buildings from pace to place within the Town and into the Town; to regulate the materials and type of construction of any building erected in the Town, or repairs thereto; and to provide reasonable rules regulating the use of such building and the repair thereof in order to protect the welfare of the Town.

 

(14)      Public Utilities: To furnish any and all local public services, includ­ing electricity, gas, water, sewerage collection and disposal, lights, garbage collection or transportation and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, including street rail­ways, electric light system, telephone and telegraph system, waterworks and sewerage collection and disposal plants, gas plants and distribution system, bus or transit systems, or other public utility; and to estab­lish, impose and enforce rates and charges for supplying such services of conveniences by the Town to any person, persons, firm or corporation.

 

(15)      Cleaning Lots: To require owners of property, or other persons interest­ed therein, to clear and clean the same of weeds, undergrowth, rubbish, debris, brush and unsightly and insanitary matters, and to fill insani­tary excavations and depressions; and if the owner, or owners, or per­sons interested in such property, do not comply with any such require­ments within the time limited and fixed by Resolution, the Town Commis­sion shall make or cause said work to be done, and make the cost thereof a charge and lien against such property, of the same extent and charac­ter as the lien now granted, or which may hereafter be granted, to said Town by law for special assessments for the cost of local improvements as hereinafter provided; which charge and lien shall be forthwith due and payable, unless the time for the payment thereof shall be extended by the Town Commission, with the same penalties and the same rights of collection and sale and forfeiture as may be provided by law for assess­ments for local improvements.

 

(16)      Sewerage Disposal: To collect and dispose of sewerage, offal, ashes, garbage, trash and other refuse by contract or otherwise, and to acquire and operate plants for the disposal or utilization of such materials or any of them; and to contract for and regulate the collection and dispo­sal thereof.

 

(17)      Abatement of Nuisances: To compel the abatement and removal of all nui­sances within the Town or upon the property owned by the Town beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the ground or premises whereon the same may be; to require all lands, lots or other premises within the Town to be kept clean, sanitary and free from weeds, wild growth and rubbish, or to clean and make them so at the expense of the owner or occupants thereof; to regulate or prevent noisome or offensive business within the


            Town; to prevent the carrying on of any dangerous or unwhole­some business, trade or employment within the Town, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, moral, comfort, convenience and welfare of the inhabitants of the Town.

 

(18)      Inspections: To inspect, test, measure and weigh any commodity or arti­cle or consumption for use within the Town, and to fix a standard for any such commodity or article; and to establish, regulate, license and inspect weights, meters, measures and scales.

 

(19)      Enforcing Ordinances: To make and enforce all police, housing, zoning, sanitary or other Ordinances, rules and regulations necessary or expedi­ent for the purpose of carrying into effect the powers conferred by this Charter or by any general law, and to provide and impose suitable penal­ties for the violation of such Ordinances, rules and regulations, or any of them, by fine as established by the Town Commission or imprisonment at hard labor on the streets or other works of the Town for a term not exceeding 60 days, or both such fine and imprisonment.

 

(20)      [Local Improvements; Assessments]: The Town, by its Commission, shall have power and authority to cause local improvements to be constructed, wholly or in part, at the cost of the property owners benefitted there­by, by levying and collecting special assessments, for the following improvements:

 

(a)        Installing, extending, enlarging or improving its sanitary sewer system, by constructing sanitary sewerage mains, pumping stations, laterals, storm sewers, and other drains and sewers, and necessary appurtenances thereto;

 

(b)        Extending its waterworks system into new territory, by the con­struction of additional water mains, pumps, etc., and the laying or relaying of same, together with the necessary appurtenances thereto, either inside or outside of the corporate limits or part­ly inside and partly outside;

 

(c)        To pave, repave, grade, regrade, macadamize, re-macadamize, hard surface, improve, lay out, open, widen, close, curb, extend, de­molish, rebuild and otherwise improve streets, alleys, boulevards, avenues, lanes, sidewalks, including any bridges, culverts, fills, grades, or other appurtenances which may constitute or form a part of same, or any parks, promenades, piers, wharves, docks, groins, seawalls and retaining walls, whether on salt, brackish or fresh water; to build, demolish, rebuild or otherwise improve any bridg­es, grades, fills, culverts and appurtenances; and any one or more of such purposes may be combined in the same improvement.

 

(d)        To drain, fill in and redrain waterfront property, also swamps, marshes and overflowed lands, whether waterfront or otherwise, for the purpose of protecting the health if the inhabitants of the Town, rendering such lands usable and constructing bulkheads, promenades, streets, parking places and other improvements in connection therewith;

 

(e)        To clear and clean real property of weeds, undergrowth, rubbish, debris, bush, and unsightly and unsanitary matters, and to fill unsanitary excavations and depressions; to remove dilapidated and unsightly buildings which constitute a nuisance or menace to the health or safety of the inhabitants of the Town;

 

            (f)        Providing for storm sewerage and surface water drainage.

 

(21)      Beach Erosion: In addition to all other powers heretofore granted to the Town of Hillsboro Beach and to the Town Commission thereof, said Town Commission is hereby authorized and empowered to take such action as may be necessary from time to time, in protecting the interest of the Town's citizens from damage to public or private beaches caused by erosion, storms, tidal waves, tidal currents or high water.

 

(a)        The Town Commission of the Town of Hillsboro Beach is hereby au­thorized to construct sea walls, energy absorbing walls, groins, pumping stations, breakwaters or other structures and to cause sand to be dredged upon the beaches within said Town, and to coop­erate with Broward County, the State of Florida and the United States Government or all of them in causing such work to be done for the protection of the beaches and properties within said Town, or to take such other action as the Town Commission determines to be necessary or proper in preventing beach erosion;

 

(b)        In order to maintain the established seawall line from encroach­ment by the ocean, the Town Commission, by ordinance may:

 

(1)        Require property owners to construct and maintain seawalls, groins or such other structures as may be determined to be necessary for the protection of their properties from ero­sion, and may levy a special tax upon properties so benefit­ted within said Town to pay for such construction and main­tenance as hereinafter provided;

 

(2)        If the Town Commission, after considering the reports herei­nafter provided, determines upon consideration of such reports and after public hearing as herein provided that construction of certain facilities or other action be taken for the protection of beaches, then the Town shall proceed with the necessary construction or action and with the taxa­tion of properties benefitted thereby, with or without the consent of the property owners involved;

 

(3)        The maximum millage to be levied and used in the Town for the aforesaid purposes shall be the maximum allowed by state statutes;

 

(4)        The Town Commission shall appoint an erosion committee, consisting of three (3) persons. Such committee may, at any time, call upon the engineers or attorney for the Town for assistance in connection with the discharge of their duties. The committee shall proceed to view the properties within the said Town to consider engineering reports and to make their written report of a plan for beach erosion protection. Such plan shall assess the amount of protection required by each parcel of land affected within said Town, showing the owner of the property to be protected, description of prop­erty to be specially taxed and amount of maintenance re­quired. Upon the filing of the report of the committee with the Town Commission, notice of said report shall be given by the Town Clerk posting a copy thereof at the front door of the Town Hall for a period of least two (2) weeks prior to the next meeting of the Town Commission.

Such notice shall also state that the plan or report will be considered at the next Town Commission meeting following that at which such plan was received, and that all property owners are invited to be present to state their objections, if any, to such plan or report. In addition thereto, the Town Clerk is authorized to send notice by mail to each owner of property to be so specially taxed, advising them


that such plan or report has been filed and will be consid­ered as aforesaid. The failure of any property owner to receive such notice, however, shall not invalidate any tax thereafter made under the terms of this Act. At the meeting of the Town Commission, when such special taxes are consid­ered, all property owners having objections to any such special taxes may appear and be heard for the purpose of asserting such objections. The meeting for this purpose may be adjourned from time to time as the Town Commission may provide. After all such objections have been heard the Town Commission may adjust any special taxes which it considers to be inequitable and may adopt such plan and report. Upon the adoption of such plan or report the special taxes there­in mentioned shall become a lien upon the properties therein mentioned. Such taxes shall be included in the tax bills, and shall be designated as "beach erosion tax". The posting of notice of such special tax and the hearing of objections in connections therewith may be dispensed with if the af­fected property owner files with the Town written consent for such tax to be levied.

The Town Clerk shall maintain a tax book in which there shall be set forth the description of properties which have been so specially taxed and the amount of such special taxes and space provided for the purpose of showing whether or not such taxes have been paid each year. Such tax book shall be prima facie evidence of the payment or nonpayment of any such special taxes and the regularity of proceedings in connection therewith.

 

(22)      Revenue Bonds or Revenue Certificates: For the purpose of obtaining money to make such improvements as are authorized by this Section, the Town shall have the power to issue revenue bonds or revenue certifi­cates, payable solely from the income derived from the operation of such utility, or, where utilities are operated jointly or supplement each other, payable from the revenue derived from the operation of both utilities, or of either utility. Property specially benefitted by the installation or extension of the sewerage system or the waterworks system, or both, may be specially assessed for the cost of such in­stallation, extension, enlargement or improvement, either wholly or in part, by the levying of special assessment liens, it being recognized as a power of the Town in its proprietary capacity to levy special assess­ments against property specially benefitted by the installation or extension of sanitary sewerage systems or waterworks systems, or both, in order to repay monies obtained by the issuance of revenue bonds or certificates. The monies collected from such special assessment liens shall be used to pay off and discharge any certificates of indebtedness, revenue bonds or certificates issued to obtain money with which to make such improvements.

 

(23)      Special Assessment Certificates and Special Assessment Liens: The Town shall have the power:

 

(a)        The establish a special assessment certificate fund and to deposit therein all proceeds derived from specified special assessment liens levied against private properties specially benefitted by a specified improvement or improvements, and to issue and sell spe­cial assessment certificates containing a provision that same are payable solely from and secured by a lien and pledge of the spe­cial assessment certificate fund, and further providing that such certificates do not constitute an indebtedness of the Town and the holders thereof shall never have the right to require or compel the exercise of the ad valorem taxing powers of the Town, or the taxation of real estate in said Town, or the making of any sinking fund, reserve or other payments except as provided for in the resolution authorizing the issuance of such certificates;

 

(b)        Where the Town has on hand special assessment liens evidencing a lien against particular described parcels of real estate specially benefitted by an improvement previously made and confirmed, and such liens are not otherwise pledged or encumbered, the Town may establish a special assessment certificate fund and place such special assessments to the credit or benefit of such fund, and issue and sell special assessment certificates containing a provi­sion that same are payable solely from and secured by a lien or pledge of said special assessment certificate fund, and further providing that such certificates do not constitute an indebtedness of the Town and the holders thereof shall never have the right to require or compel the exercise of the ad valorem taxing powers of the Town, or the taxation of real estate in said Town, or the making of any sinking fund, reserve or other payments except as provided for in the resolution authorizing the issuance of such certificates.

The Town shall adopt a resolution specifically describing the special assessment certificates to be issued as provided in sub­sections (a) and (b) hereof, and stating how the proceeds derived from the sale or pledge of such certificates shall be used, and containing such other and further provisions as to issuance, sale, pledge, collection as may be proper. Where the Town has on hand special assessment liens evidencing a lien against particular described parcels of real estate specially benefitted by an im­provement previously made and confirmed, and such liens are not otherwise pledged or encumbered, and same are in default, the Town may issue separate special assessment certificates against such tract of land which the lien exists against, containing a descrip­tion of the land, the unpaid balance of the special assessment, stating therein the general nature of the improvement for which the special assessment was made and the date thereof, such certificate shall state upon the face thereof that he same do not constitute an obligation of the Town of Hillsboro Beach and the payment of principal and interest of same is not guaranteed by the Town of Hillsboro Beach, but the sole and only security for pay­ment of such certificate and interest is the lien existing against the real estate therein described. Such certificates, when so issued, may be sold individually for par and to any person making application to purchase same.

 

(24)      Monies Must be on Hand Before Improvement Authorized: The Commission shall not proceed with any public improvement where special assessments are intended to be levied to repay all or part of the cost of such im­provement, unless at the time of adoption of such resolution there shall be on hand in a proper fund sufficient allocated monies to pay the esti­mated cost of such improvement in full, as follows:

 

(a)        If the cost of the improvement is to be paid from the proceeds of the sale of revenue bonds, general obligation bonds, utility tax bonds, excise tax bonds, special assessment certificates, or other bonds or funds, and special assessments are to be levied against property benefitted to repay all or any part of the cost of con­struction, monies equal to the estimated cost of construction shall be on deposit in a particular designated fund for payment of such cost, at the time the Town proceeds with the improvement;

 

(b)        If the cost of the contemplated improvement is to be paid from any special assessment revolving fund or other special fund, and spe­cial assessments against properties specially benefitted are to be levied to replenish such fund, there shall be on deposit in such fund, over and above any previous commitments or obligations pay­able out of such fund, a sufficient amount to pay the estimated cost of such contemplated improvement, at the time the Town pro­ceeds with such improvement.

 

(25)      Resolution of Necessity: Whenever the Commission shall determine that it is wise and expedient to make any of the local improvements herein specified, the cost of which, or any part thereof, is to be assessed against property benefitted, it shall adopt a resolution declaring a necessity for the proposed improvements, describing the nature and ex­tent of the work, the general character of materials to be used, a gen­eral description of such improvements, the estimated cost of the im­provements, and the location or area in which such improvements are to be made. Said resolution shall fix a date when the Commission shall meet which shall not be less than ten (10) days after the date of the first publication of the notice herein provided, for the purpose of hearing any objections or remonstrances that may be made to said improvements. Notice of the hearing upon said resolution shall be published once a week for two (2) consecutive weeks (the first publication to be not less than ten (10) days prior to the date fixed for hearing), which notice shall embrace substantially all the matters required to be set forth in the resolution of necessity.

 

(26)      Objections to Improvements: At said meeting for hearing objections, or at the time and place to which same may be adjourned, any person ag­grieved may appear in person, by attorney or be petition, and may object to or protest against said improvement. The Commission shall consider the objections and protests, if any, and may confirm, amend, modify or rescind the resolution of necessity, and shall determine whether the said improvement shall be made, and how the cost thereof shall be paid. The determination of the Commission shall be final and conclusive. If the Commission determines to proceed with such improvement as originally proposed or in an amended or modified form, it shall adopt a resolution determining to proceed, as hereinafter set out.

 

(27)      Claims Arising Out of Improvements: The owner of any lot or land bound­ing and abutting upon a proposed special improvement shall present such claim to the Commission at the time of its meeting on the question of whether it should proceed with the improvement as provided in the pre­ceding section. Such claim shall be in writing, and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue. Any owner who fails to do so shall be deemed to have waived such damage, and shall be barred from thereafter filing a claim or receiving damages therefor. This provision shall apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising without his fault from the acts of the Town or its agents.

 

(28)      Resolution Determining to Proceed: If, after hearing the objections and protests, if any, the Commission determines that it is expedient to proceed with such improvement in the original or modified form, said Commission shall adopt a resolution determining to proceed with such improvement, which resolution shall disclose what part of the total cost and expenses of the improvement shall be chargeable against and assessed against the property benefitted by the improvement, and what part or proportion of the total costs shall be paid by the Town from its general fund or any special fund on hand for such purpose. The resolution may direct that the whole or any part of the cost and expenses thereof be assessed against the property abutting the improvement, or may provide that all property benefitted by the improvement may be assessed for such improvement in the manner set out therein.

 

(29)      Bids on Improvements: As soon as the Commission shall have adopted the said resolution determining to proceed with a specific improvement, and money to pay the estimated cost of such improvement is available, or at a later date if it so desires, in cases where the improvement is not to be made by regular Town employees, it shall advertise for bids by publi­cation in two (2) issues of a newspaper of general circulation in said Town requesting sealed bids to be submitted upon a


            specific date, but such publication shall not be less than seven (7) days apart, and the last publication must not be less than two (2) days before the date for receiving bids. The Commission shall let the contract for such improve­ment to the lowest and best responsible bidder. When a bid is accepted, the contractor shall not proceed with the work for a period of ten (10) days thereafter, unless otherwise authorized.

 

(30)      Cost of Improvement: The Commission shall have the power to pay out of its general fund, or out of any special fund that may be provided for the purpose, such portion of the cost of the proposed improvement as it may deem to be the proper portion to be borne by the Town. Interest accrued while an improvement is under construction, and for six (6) months thereafter, shall be deemed part of the cost of the improvement. All engineering and inspection costs, legal and advertising costs, in­cluding a proper proportion of the compensation, salaries and expenses of the engineering staff and attorney's fees, properly chargeable to any improvement, shall be deemed a part of the cost of the improvement. When revenue bonds or certificates are issued in order to obtain money with which to make the improvement, all cost and estimated cost incurred in issuing such revenue bonds or certificates and obtaining such funds shall be deemed a part of the cost of the improvement. When local im­provements are made by Town employees, all legal charges and fees, advertising cost, engineering cost, payroll, materials, equipment rental at the prevailing rates, plus not more than fifteen percent (15%) of the total of payroll, material and equipment rental costs for the general overhead expense, may be included in the cost of the improvement. When the improvement has been completed, the Commission shall ascertain and determine the total cost of the improvement.

 

(31)      Method of Making Special Assessments: Special assessments upon the property deemed to be benefitted by a public improvement shall be any one or a combination of the following methods:

 

(a)        By a percentage of the assessed taxable value of the property bounding or abutting upon or specially benefitted by the improve­ment:

 

            (b)        In proportion to the benefits which may result from the improve­ment:

 

            (c)        By the front footage of the property bounding or abutting upon the improvement:

 

            (d)        Upon a fair or equitable basis according to the benefits received.

 

            When a majority of the recorded owners of the frontage of; and liable to be assessed for any special local improvement shall petition the Commis­sion for such improvement, the Commission may order such improvement to be made. In other cases public improvement shall be made in the discre­tion of the Commission, whenever deemed necessary.

 

(32)      Assessment Roll and Notice: Upon completion of any improvement hereun­der, the Commission shall cause to be prepared a roll or list to be called the assessment list, showing the improvement number, the number of the assessment lien, a description of each lot or parcel of land proposed to be assessed for such improvement, the amount proposed to be assessed against each lot or parcel of land, and the name of each owner as shown on the Town tax roll or records. Such list shall be a public record constituting notice to the public of the lien against the lands so assessed, and no other record or notice thereof shall be necessary to any person or corporation for that purpose; but the Commission, in its discretion, may send out notices of date of hearing upon confirmation of the roll to parties affected. No errors, omissions, or mistakes in re­gard to description of property shall be held to invalidate any assess­ment list, where the description given is sufficient to identify the property. After the completion of said assessment list or assessment roll in final form, same shall be delivered to the Clerk, who shall thereupon give notice by publication in two (2) issues at least seven (7) days apart, in a newspaper of general circulation in the Town, that the assessment list has been delivered to him and is open for inspection at his office, and that a time and place therein mentioned, not less than ten (10) days from the first publication as aforesaid, the Commis­sion will meet to hear and determine any objections or defenses that may be filed to such assessments for (or) the amounts thereof. Said notice shall state the number of the improvement, the general character of the work which has been performed, the name by which such improvement is generally known, and the location in which such improvement has been constructed.

 

(33)      Hearing, Confirmation of Assessment List: At the time fixed in such notice, or at an adjourned meeting, the assessment roll or assessment list in final form shall be produced before the Commission, and the Commission shall hear objections to the amount of such assessment which may be made by the owners of real property assessed for such improve­ment, or by parties having an interest therein, and the Commission shall determine and hear all objections and protests to the proposed assess­ment under such rules and regulations as it may adopt. The Commission shall have a right to change or adjust any assessment appearing upon such assessment list, at such meeting, or at any adjourned meeting thereof. When such assessment list has been finally corrected and ad­justed, the Commission shall adopt a resolution approving and confirming the assessment roll and therein shall approve and confirm all assess­ments as finally fixed and adjusted at such hearing, and such assess­ments shall, from the date of confirmation by such resolution, consti­tute a lien on the respective lots or parcels of land, or other real property upon which they are levied, superior to all other liens, except for those for Town and County taxes. All persons who fail to object to the proposed assessments in the manner herein provided shall be deemed to have consented to and approved the same. All persons who appeared at such meeting and whose objections were overruled or denied shall be deemed to be bound by the action of the Commission after thirty (30) days from the adoption of such resolution approving and confirming the assessment roll, unless suit challenging such assessment be filed. Sub­stantial compliance with the procedure outlined shall be all that is necessary to render such assessment liens valid and incontestable, it being the expressed intention of the Legislature that the requirements are directory rather than mandatory.

 

(34)      Setting Aside Special Assessments: If any special assessment made here­under to defray the whole or part of the expense of any local improve­ment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court or if the Commission shall be satisfied that any assessment is so irregular or defective that the same cannot be enforced or collected, or if the said Commission shall have omitted to make such assessment when it might have done so, it is hereby authorized to take all steps to cause a new assessment for the whole or any part of any improvement or against any property benefitted by any improvement, following, as near as may be under the circumstances, the provisions of this Act; and in case such second assessment shall be annulled, the Commission may obtain and make other assessments until as valid assess­ment shall be made. No omission, informality, or irregularity in the proceedings preliminary to the making of any special assessment shall affect the validity of same, where the assessment list has been confirmed by the Commission, and the assessment list and the record thereof kept by the Clerk shall be competent and sufficient evidence that the assessment was duly levied and the assessment list duly made and adopt­ed, and that all other proceedings necessary to the adoption of said assessment list were duly had, taken and performed as required by this Act, and no variance from the directions herein contained as to the form and manner of any of the proceedings shall be held material, unless it be clearly shown that the party objecting was materially injured there­by. In case any special assessment shall, in any suit where its validity shall be questioned, by adjudged invalid, the Commission may in its discretion notify the collecting officer of the Town to cease the col­lection of same, if it shall have been transmitted to him for collec­tion, and may proceed


            anew by proceedings either as in the case of an original special assessment for the same purpose or by taking up the previous proceedings at any point, and may take and levy a new assess­ment in the place and stead of the assessment which shall have been adjudged invalid, and the Clerk, before delivering such new assessment to the collecting officer of the Town for collection, shall ascertain and note thereon payments which have been made on such invalid assess­ment for the same purpose, which notation shall cancel the assessments as to the parcels and lots on which such payments were made to the ex­tent of the payments.

 

            Such new assessments shall be collected in the same manner as original special assessments.

 

(35)      Limitation on Contest of Validity of Assessments: For the period of thirty (30) days after the date of the confirmation of any special as­sessment, any person aggrieved shall have the right to contest the legality thereof by suit, action, writ or special proceedings, after which time no suit, action, writ or special proceedings in any manner questioning the legality of the said special assessment shall lie for any cause whatsoever.

 

(36)      Method of Collection: A resolution approving and confirming the assess­ment list shall provide whether such special assessment shall be payable in cash within thirty (30) days from the adoption of such resolution, or whether such special assessment shall be payable in annual installments, the first of which shall be payable on or before the expiration of thirty (30) days from the date of confirmation. If the Commission de­sires that the assessment shall be payable in cash within thirty (30) days from the adoption of such resolution and said special assessment is not paid within such time, such unpaid assessment shall bear such inter­est from the expiration of the aforesaid thirty (30) days as the Commis­sion shall by resolution determine, which rate of interest shall not exceed ten percent (10%) per annum. If the Commission desires that the assessment shall by payable in annual equal installments not to exceed ten (10) equal annual installments, it shall fix an interest rate, not to exceed eight percent (8%) per annum upon such unpaid installments. All installments shall begin to draw interest thirty (30) days after the date of confirmation of the assessment list. The owner of the property desiring to pay his assessment in installments, if the same shall be permitted, shall, on or before thirty (30) days from the confirmation of such assessment, file with the Town a written application to pay said assessment in installments, which application shall state that the ap­plicant and property owner waives all irregularities or defects, consti­tutional, jurisdictional or otherwise, in the proceedings for the im­provements for which assessments are levied, and in the appropriation of the cost thereof; and thereafter, the validity of such assessments shall not be called or questioned. The payment of an assessment, in whole or in part, shall constitute a waiver of all defects, constitutional, ju­risdictional or otherwise, in the proceedings. Said application shall also contain an agreement that the applicant and property owner will pay the said assessment in installments at the date fixed by said resolution with interest at the rate specified in said resolution. Said application shall also make reference to the number of the improvement, and shall contain a description of the lots or parcels of property of the applic­ant assessed for such improvement.

 

(37)      Lien Docket: The Town shall keep all applications in convenient forms for examination, and such applications shall show the date of filing, the name of the applicant, the amount of the assessment as shown in the application, and the number of installments in which same shall be pay­able. Such approved assessment list and such applications shall consti­tute a docket for the assessment in favor of the Town against such lot or parcel of land, until such assessment and interest and penalties are paid in the manner hereinafter provided. Such approved assessment list or roll shall be the official record to evidence the lien, and the form or manner of keeping and preserving same shall not be material so long as said list or roll contains the necessary information and is prepared and approved in the manner herein specified. All unpaid assessments, penalties and interest shall be and shall constitute a lien on each lot or parcel of land, respectively, in favor of the municipality, and such liens shall have priority over all other liens and encumbrances whatsoever, except liens for Town and County taxes. The Town may issue Special Assessment Certificates to evidence the lien. The Town may in its dis­cretion cause said lien docket to be placed on record with the Clerk of the Circuit Court in and for Broward County, Florida, but failure to so record shall not affect the validity of said assessments nor be neces­sary to constitute notice of the lien of said assessments.

 

(38)      To exercise all the powers of local self-government; to do whatever may be deemed necessary or proper for the safety, health, convenience or general welfare of the inhabitants of said Town; to exercise full police powers; to do and perform all acts and things permitted by the laws of the State of Florida, and comprehended as duties in the performance of anything recognized as a "municipal purpose", whether now existing and recognized, or hereafter recognized as municipal purpose by Statute Law or court decision.

 

(39)      To impose and foreclose Municipal Tax and Special Assessment Liens in accordance with the provisions of Chapter 173, Florida Statutes Revised, and the procedures outlined therein.