The Historical Society of Avon ParkAVON PARK, FL · EST. 1886
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Chapter 7131, Laws of Florida 1915: granting additional rights to Avon Park

The act

Chapter 7131 (No. 325), Laws of Florida 1915, a special act:

“AN ACT Granting Additional Rights, Powers and Privileges to the Town of Avon Park, DeSoto County, Florida, in Addition to Its Present Town Charter, and, Prescribing a Method for the Issuance of Bonds in Said Town, and Amending in Certain Respects Its Present Charter, and Ratifying the Present Assessment of Taxes in Said Town.”[lof-1915-7131]

Approved by the Governor on 19 May 1915, and effective immediately. Section 15 states that the act supplements the 1913 charter (Chapter 6662).

What the act changed

The 1915 act significantly expanded the powers of the town’s municipal government across multiple fronts:

Borrowing and bonding. The town gained the right to borrow up to $5,000 for current expenses and an additional $5,000 for hard-surfacing roadways or sidewalks (backed by special five-mill taxes). Furthermore, Section 8 authorized the issuance of up to $50,000 in bonds for major public works — waterworks, sewerage, street paving, parks, schools, a public library, fire department, illuminating plant, or hospital — subject to voter approval and managed by three Bond Trustees.

Taxation and assessment independent of the county. Sections 4 and 5 freed the town from state and county limitations on valuations and license taxes. Town Assessors could now assess property “at a value without regard to the State and County valuations,” and the Town Council could license businesses and vehicles “without regard to any limitation regarding State and County licenses.” A per capita street tax was also authorized for residents of thirty days or more.

Sidewalks. Section 7 laid out a comprehensive process for requiring property owners to build sidewalks, including issuing notices, hearing objections, and giving the town power to construct the sidewalks itself and place a lien on the abutting property. These liens could be converted into negotiated certificates to secure funds.

Street supervision. Section 13 gave the town full authority over streets and parks, including the power to require any railroad using the town’s streets to pave and maintain them.

Filling vacancies. Sections 1 and 2 dispensed with the need for special elections to fill vacancies in the office of Mayor or Town Council, allowing the remaining councilmen to appoint replacements until the next regular election.

Local amendment. Section 14 granted the town’s electors the power to amend the charter themselves by majority vote, provided the amendment was proposed by the Town Council and noticed for thirty days.

The retrospective validation clause

Section 13 of the act includes a sweeping ratification of the town’s first two years of operations since its 1913 incorporation:

“All assessments for taxes and all licenses heretofore imposed by the Town Council of Avon Park are hereby ratified and confirmed, and made legal in every respect, and all ordinances passed by the said Town are hereby made legal in every respect, and in the future, no assessment upon any real or personal property in the Town of Avon Park shall be set aside or declared void by any Court in this State for any technical omission on part of the Town Council or Town Assessor.”[lof-1915-7131]

The specific protection against courts setting aside assessments for a “technical omission on part of the Town Council or Town Assessor” combined with the new powers in Sections 4 and 5 to ignore county valuations, strongly suggests that the town’s first assessors (S. F. Tucker and Ellis R. West) and council may have previously exceeded their authority or failed to follow statutory procedures for valuing property and issuing licenses. This validation clause insulated the infant municipality from legal challenges over its early revenue collection.

References

Where this comes from

Evidence
single-source — One source. Treat as reported, not established.
Review
unverified — Drafted from sources but not yet checked by a volunteer.
Rights
society

Sources

  1. Legislature of the State of Florida, Chapter 7131 (No. 325), Laws of Florida 1915, Volume 2, Special Laws: An Act Granting Additional Rights, Powers and Privileges to the Town of Avon Park, DeSoto County, Florida (1915)

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