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the collection of unpaid special assessments after the col-
lection thereof shall have been entrusted to an attomcv bv
resolution of the City Council.

FSwiteWoriDi ®^^- ^^- "^^^ Mayor and City Council may, by ordin-
ance, provide for the election or appointment of a Board
of Public Works, (who may also be made Trustees for
bonds issued, with such powers and duties with respect
to the bonds and the sales thereof and the use of the pro-
ceeds thereof as may be provided by the ordinance) of
such number of members, with such terms of office, and
such executive powers and duties and such nrovisions for
and regulation of their execution of trust and duties as
may be provided by ordinance, and if such ordinance be
submitted to and approved by the electors in the manner
in this act provided for such submission of such ordin-
ance, the Board shall thereupon become and be a fixed ex-



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LAWS OP FLORIDA. 327

ecutive board of the city until such ordinance shall have 1!W>7.
been in like manner repealed or amended.

Sec. 11. The Mayor and City CJouncil may, by ordin- ^^^^^^^^ '^'
ance, levy and collect such taxes for ordinary purposes purposes and
as the City Council may find necessary to properly meet tionf ^^^^^'^
the needs of the city, and also a special tax for fire pro-
tection, covering the cost of the fire protection, which
special tax shall be levied upon all and only the property
lying within about five hundred feet of a fire plug ; and the
City CouncU shall, by ordinance levying said tax ,flx the
limits which include the property liable to such tax as
nearly as may be practicable to the limit of five hundred
feet from the nearest fire plug. Said special tax for fire
protection shall be levied and collected at the same time
and in the same manner that other taxes are collected,
and the proceeds thereof, shall be used exclusively for
the payment of water for fire protection, and for the main-
tenance of a fire department and the furnishing of the best
practicable fire protection. •

Sec. 12. The Mayor and City Council may, by <w'cli- ftilS^^y^ex-
nance, provide for the auditing, annually, by an expert pert ac-
accountant, not connected with the municipal govern- tSoriTCd! *""
ment, of the accounts of each municipal officer handlinp^
nw>ney8 of the city, and may have the report of such au-
diting officer published or posted, for the information of
tax payers.

Sec. 13. The existing charter and charter provisions f^^^J JJ^.
of the City of Alachua may be at any time amended or ^^"^^^ <^^^^
abolished and repealed, and an entire new charter aad*^
charter provisions or amendments of those existing may
be adopted and established, fixing and defining as fully
and completely as could be done by Legislative enactment
the powers and duties of the municipality and providing
for and regulating the exercise of such powers and duties,
or the numbers, powers, duties, terms of office and time
and manner of election or appointment of any or all city
offices may be amended and changed, by ordinance adopted
by the affirmative vote of not less than two-thirds of all
the members of the City Council and approved by the
Mayor, or passed over his veto, and, at a general or spec-
ial municipal election approved by the affirmative vote
of a majority of the votes cast upon such proposition;



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328



LAWS OP FLORIDA.



1907.



Provlao.



In case of
absence or
sickness of
Mayor or
Pres. of
Council.



Provided, that once each week, for eight weeks next pre-
'^ ceeding such election such ordinance or ordinances shall
have been published in a newspaper printed in the city,
or, not less than eight weeks preceeding such election,
by being posted in at least three public places in said city:
and provided further, that this act shall not be construed
as depriving the City Council under existing legislation of
the power to create or abolish by ordinance not so ap-
proved by the electors any office not created or recognized
in State legislation, or by ordinance approved by the elec-
tors. Such new charter or amendment or change of charter
provisions shall take and go into effect thirty days after
the day of election at which the same shall have been ap-
proved by the electors, and no contest of such election
and no question as to the validity or regularity or suffici*
ency of the proceeding whereby such charter or amend-
ment or change of charter provisions has been ordained,
approved or adopted or put into effect, shall be made ar
raised collaterally, or in any proceeding instituted more
than thirty days after such election, otherwise than by
quo warranto proceedings instituted by the Attorney
General of the State. The Mayor and City Council of th«
city, together with the electors thereof, are herebv, in the
manner above stated, authorized from time to time, to
exercise the most complete local self-government as to all
municipal affairs, and are hereby authorized, in the man-
ner above provided, to alter and amend their municipal
charter, and to change by increase or by limitation, the
. powers and duties of the municipality and of its officers,
to the same extent that such powers and duties could be
changed, extended or limited by act of the Legislature;
the only limitation upon such power being that the muni-
cipality shall not acquire any rights other than those
properly pertaining to local municipal governments.

Sec. 14. In the absence, sickness, or disqualification of
the Mayor, the President of the City Council as Actings
Mayor, shall perform all the duties of the Mayor, and in
the absence, sickness or disqualification of both the Mayor
and President of the City Council, the President Pro
Tern of the City Council, or such other member of the
City Council as may be designated by that body, shall,
as AActing Mayor, perform all the duties of the Mayor.

Sec. 15. All ordinances adapted by the City Council



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LAWS OP FLORIDA. 329

and approved by the Mayor, or passed over his veto, shall 1907.

be published in a newspaper printed in said city, or —

posted as may be desi^ated in such ordinances.

Sec. 16. That this act shall take effect upon its passage
and approval by the Governor.
Approved May 7, 1907.



CHAPTER 5787— (No. 192).

AN ACT to Legalize and Validate an Ordinance of the
City of Apalachicola, Florida, Numbered 149 and En-
titled "An Ordinance Providing for the Making, Con-
struction and Operation of a System of Waterworks and
for the Making, Construction and Operation of a Sya
tern of Sewerage of the City of Apalachicola, Provid-
ing for the Issue of Bonds of Said City of Apalachicola,
for Each of Said Purposes, and Providing for a Sub-
mission of the Question of Said Ordinance, and each
Question Therein Contained to an Election of the Quali-
fied Voters of Said City Then Residing Therein and
Owning Real Estate Therein, and Have Paid Their
Taxes for the Year Last Due Thereon, and Providing
for the Conduct and Management of Said Election Pro-
vided for Therein,'' Passed by the iCty Council of the
City of Apalachicola, Florida, the 2nd Day of August,
1905, and Approved by the Mayor of the City of Apa-
lachicola, Florida, the 2nd Day of August, 1905; and
to Legblize and Validate the Special Election Provided
for in Said Ordinance in Sections 7, 8, 9, 10, 11 and
12 Thereof, and Held on the 12th Day of September,
A. D. 1905, by the Qualified Voters of the City of Apa-
lachicola, Florida, Under the Provision of Said Ordi-
nance; and to Legalize and Validate All Bonds fssued
by the City of Apalachicola, Florida, Under and by
Virtue of Said Ordinance Number 149, and All Proceed-
ings, Resolutions and Ordinances of Said City Council
of Said City Under and in Pursuance of the Same.

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

Section 1. That Ordinance Number 149 of the city of
Apalachicola, Florida, entitled "An Ordinance providing



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330 LAWS OP FLORIDA.

1907. for the making^ constraction and operation of a system of

waterworks, and for the making, constraction and opera-

regiMng **^^ ^^ ^ System of sewerage of the city of Apalachicola,

waterworkg, providing for the issue of bonds of said city of Apalachi-

bSnSr^lec- cola for each of said purposes, and providing for the sub-

o?^ect£m^*'* mission of the question of said ordinance and each ques-

etc. vaiidat- tion therein contained to an election of the qualified voters

^' of said city then residing therein and owning real estate

therein and have paid their taxes for the year last due

thereon, and providing for the conduct and management

of said election provided* for therein," passed by the City

Council of the city of Apalachicola on the 2nd day of

August, 1905, and approved by the Mayor of the Ci^ of

Apalachicola, Florida, on the 2nd day of August, 1905, be

and the same is hereby declared legal and valid.

gpeciai eieo- See. 2. That the special election provided for in said
Ordinance Number 149, of the City of Apalachicola, Flor-
ida, mentioned in Section 1 of this act under Sections If
8, 9, 10, 11 and 12 of said ordinance and held in the city
of Apalachicola, Florida, on the 12th day of September^
A. D. 1905, by the qualified voters of the city of Apalachi-
cola, Florida, under the provisions of the said ordinance^
be, and the same is, hereby declared legal and valid.

Bond*. ge(.^ 3^ That the negotiable bonds of the city of Apa-

lachicola, Florida, dated the 1st day of January, A. D.
1906, numbered from one to forty inclusive, in the sum
of f 1,000.00 each, and issued for the purpose of making,
constructing and operating a system of waterworks, paya-
ble thirty years from date and drawing intei^st at the
rate of four per cent per annum, payable semi-annually,
as provided in said ordinance, mentioned in Section 1 of
this act ; and the negotiable bonds of the city of Apalachi-
cola, Florida, dated the 1st day of January, A. D. 1906,
numbered from one to ten inclusive, in the sum of f 1,000.00
each, and issued for the purpose of making, constructing
ble thirty years from date and drawing interest at the
from date, and drawing interest at the rate of four per
cent per annum, payable semi-annually, as provided in
the said ordinance mentioned in Section 1 of this act, all
of which waterworks and sewerage bonds were issued by
the city of Apalachicola under and by virtue of said Ordi-
nance Number 149, and in pursuance of the ratification
of said ordinance by more than two-thirds of the qualified



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LAWS OF FLORIDA. 331

voters of the city of Apalachicola, Florida, at the special 1907.

election held on the 12th day of September, A. D. 1905,

for that purpose, who then resided therein and owned real
estate therein, and had paid their taxes for the year last
due thereon be, and the same are, hereby declared legal and
valid; and said bonds shall not be held invalid on account
of any irregularity, defect or imperfection whatsoever in
the proceedings taken by the city of Apalachicola, or the
City Council thereof in the issue of said bonds, and all '
defects, and all other irregularities in such proceedings,
and the election under which the said issues of bonds were
authorized, and all subsequent proceedings, resolutions
and ordinances under and in pursuance of said Ordinance
Number 149, pertaining to the issue of said bonds are
hereby cured, validated and authorized.

Sec. 4. That all laws and parts of laws in conflict with
this act be and the same are hereby repealed.

Sec. 5. This act shall take effect immediately upon its
passage and approval by the Governor, or upon its becom-
ing a law without such approval.

Approved May 21, 1907.



CHAPTER 5788— (No. 193).

AN ACT Extending and Enlarging the Territorial Limits
and the Powers of the City of Archer, a Municipal Cor-
poration Organized and Existing in Alachua County,
Florida, and Providing for the Exercise of Those Powers.

jBe It Enacted by the Legislature of the State of Plorida :

Section 1. The territorial limits and boundaries of the Territorial
municipality existing in Alachua County under the name tSii^ ot ^^
of the city of Archer are hereby changed and extended Archer,
and enlarged so as to embrace within the terntorial
limits and the municipal jurisdiction of said city of Archer
all of the territory described as follows, to-wit : Section
sixteen (16) and east half of section seventeen, township
eleven (11), south of range eighteen (18) east, in said
Alachua County.



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332



LAWS OP FLORIDA,



1907.

as now constituted be and are hereby Ibolished from and

Abolishment. - •' « . -. , . - ^^^_



Sec. 2. The corporate authorities of the city of Archer
instituted be and are hereby lb
after the first Tuesday in June, 1907.

Sec. 3. The corporate authorities of said city of Aarcher
shall be vested in a Mayor, City Council, consisting of five
Councilmen, Clerk, Tax Collector, Tax Assessor, Treas-
urer and Marshal, and such other officers as may be ap-
pointed and constituted by ordinance.

Provided, however. The offices of Clerk, Treasurer and
Assessor may be filled by one persons, and the offices of
Marshal and Collector by one person, at the discretion of
the City Council.

Sec. 4. There shall be elected by the qualified electors
of said city of Archer, a Mayor, Clerk, Tax Collector, Tax
Assessor and Treasurer, annually, on the first Tuesday in
June; and five (5) Councilmen on the first Tuesday in
June, 1907, the three Councilmen receiving the highest
number of votes to hold office for the term o ftwo years,
and the two Councilmen, remaining, to hold office for one
year, and thereafter Councilmen shall be elected on the
first Tuesday in June, annually, to hold office for terms
of two years, to fill the vacancies caused or existing by
the expiration of the terms of office of Councilmen.

^ec. 5. The City Council of the city of Archer shall elect
a Marshal to hold office at the pleasure of the City Council.

Limit on tax Sec. 6. The total taxes levied upon any property by the
levy. Qiiy Qf Archer in any one year shall not exceed one and

one-half per cent upon the valuation thereof by the State

for taxation.



Corporate
authorities.



Provlio.



Officers,
their terms,
etc.



Marshal.



All acts
valid.



Impounding
stock.



Sec. 7. All acts and doings of the city of Archer, and
of the government and officers of the same, done under any
law of the State of Florida, are declared valid.

Sec. 8. The city of Archer shall have authority and
right to impound hogs, cattle, horses and other live stock,
running at large within the corporate limits of said city.



Power to Sec. 9. The existing charter and charter provisions of

terf 110.*^***^' *^^ ^^'^y ^^ Archer may at any time be amended or abol-
ished and repealed, and an entire new charter and char-
ter provisions or amendments of those existing may be
adopted and established, fixing and defining as fully and



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LAWS OF FLORIDA. 333

completely as could be done by legislative enactment, the 1907.
powers and duties of the municipality and providing for
and regulating the exercise of such powers and duties, or
the numbers, powers, duties, terms of office and time and
manner of election or appointment of any or all city
offices may be amended and changed, by ordinance adopted
by the affirmative vote of not less than two-thirds of all
the members of the City Council and approved by the
Mayor, or passed over his veto, and, at a general or special
municipal election, approved by the affirmative vote of a
majority of the votes cast upon such proposition; Pro- Proviso,
vided, That for eight weeks preceding such election ordi-
nance or ordinances shall have been published, as pro-
vided by law; and provided, further, that this act shall
not be construed as depriving the City Council under
existing legislation of the power to create or abolish by
ordinance not so approved by the electors any office not
created or recognized in State legislation or by ordinance
approved by the electors.

Such new charter or amendment or change of charter ^^e^^^haii
provisions shall take and go into effect thirty days aft€r|o*nto effect
the day of the election at which the same shall have election,
been approved by the electors, and no contest of such
election and no question as to the validity or regularity
or sufficiency of the proceeding whereby such charter or
amendment or change of charter provisions has been
ordained, approved or adopted or put into effect, shall
be made or raised collaterally or in any proceeding insti-
tuted more than thirty days after such election, otherwise
than by quo warranto proceedings instituted by the Attor-
ney General of the State. The Mayor and the City Coun- Ma^yo^^cSun-
cil of the city, together with the electors thereof, are here- cii and eiec-
by, in the manner above stated, authorized from time to ^°"' ®*°'
time to exercise the most complete local self-government
as to all municipal affairs, and are hereby authorized,
in the manner above provided, to alter and amend their
municipal charter and to change by increase or by limita-
tion the powers and duties of the municipality and of its
oflficers, to the same extent that such powers and duties
could be changed, extended or limited by act of the Legis-
lature; the only limitation upon such power being that
the municipality shall not acquire any rights other than
those properly pertaining to local municipal govern-
ments.



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LAWS OF FLORIDA.



1907.



Sec. 10. All laws and parts of laws in conflict wi
the provisions of this act are hereby repealed.

Sec. 11. This act shall take effect from and after i
approval by the Governor.
Approved May 2, 1907.



Assessments
and valua-
tions, etc.



Provistt.



CHAPTER 5789— (No. 194).

AN ACT to Amend Section One (1) of Article Eight (
of Chapter 4297, of the Laws of Florida, Approved M
30th, 1893, Being An Act to Incorporate the City
Bartow, and to Abolish the Present Incorporation
Said City.

Be It Enacted by the Legislature of the State of Florid

Section 1. That Section one (1) of Article eight (8)
Chapter 4297 of the Laws of Florida, approved May i
1893 be amended so as to read as follows :

Section 1. The city shall have the power to make i
own assessments of taxes, and fix the valuation of proptf
therefor, but such valuation shall not exceed the actn
cash value of the property, Provided, however, Said ci
for the purpose of encouraging and promoting the esti
lishment of manufacturing or other industrial enterprif
within its limits, shall have the power by contract to i
the valuation of the property of said manufacturing
industrial establishments for taxation, for fixed x)erio
not to exceed twenty (20) years. For ordinary purpoc
the rate shall not exceed twelve mills on the dollar,
special tax may be levied, not exceeding eight mills,
create a sinking fund for the payment of the city's bond
indebtedness, or the interest thereon, and for the dischai
of any judgment obtained against the city, the payment
which may be compelled by mandamus.

Sec. 2. All laws and parts of laws in conflict herewii
are hereby repealed.

Sec. 3. This act shall take effect from and after
passage and approval by the Governor.
Approved May 7, 1907.



^



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LAWS OP PLOBIDA. 336

CHAPTER 5790— (No. 195). 1907.

AiN ACT to Legalize and Oonflrm the Incorpowition of the
Town of Bonifay, in Holmes County, Florida, and to
Declare the Same a Legally Incorporated Town..

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

Section 1. That the organizajtion of the town of Bonifay. ^"^^^^^^^"1^.
in Holmes County, Florida as a municipal corporation, corporauon.
heretofore undertaken to be effected under the general
law of this State for the incorporation of cities and towns,
be and the same is hereby ratified aud confirmed; and
the said town of Bonifay is hereby declared to be a le^Uv
incorporated town, with all the powers, privileges, rights
and franchises conferred upon such towns by the general
laws of this State.

Sec. 2. That the acts and deeds performed in the organl- de^s^vii-
zatlon and incorporation of said town are hereby declared ^^®*-
valid and legal; and all acts and deeds done by and
through the Mayor, and the Town Council, and other of-
ficers of said town, within the powers conferred upon such
towns and officers by the laws of this State, are herebv
ratified and confirmed, and declared to be legal and valid.

Sec. 3. That the several persons now exercising the du- ^}^5" *•'
ties and functions of the various officers of said town are
hereby declared to be legal officers of said town and they
shall continue to exercise the duties and functions of their
respective offices until their successors are legallv elected
and qualified.

Sec. 4. That this act shall take effect immediately upon
its passage and approval by the Governor.
Approved April 24, 1907.



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LAWS OF FLORIDA.

CHAPTER 5791— (No. 196.)

AN ACT to Establish, Organize and Constitute a Muni
pality in DeSoto County, Florida, to be Known ai
Designated as the Town of Bowling .Green, and to I
fine its Territorial Boundary, and to Provide for i
Jurisdiction, Powers and Privileges^

Be it Enacted by the Legislature of the State of Florid

biish- Section 1. That a municipality to be known and des
nated as the town of Bowling Green is herebv establish^
organized and constituted in the Countv of DeSoto a
State of Florida, the territorial boundaries of which sh
be as follows :

idaries. Commencing at the northeast corner of the northw(
quarter of the northeast quarter of section four, in tov
. ship thirty-three, south of range twenty -fi\-e east: thei
run south one mile, to southeast corner of southw^
quarter of the southeast quarter of section four in to^
ship thirty-three south of range twenty -five east: thei
west one mile, to southwest corner of the southeast
the southeast quarter of section five in township thir
three south of range twenty-five east; thence north
northwest corner of the northeast quarter of the nor
east quarter of section five in township thirtv-three sot
of range twenty-five east ; thence east one mile to place
beginning.

ts. etc Sec. 2. That said corpoi'ation shall have perpetual si
cession, shall sue and be sued, plead and be impleads
and shall have a common seal, which may be changed
the Town Council at pleasure.

ts, etc., Sec. 3. That said corporation may own, purchase, lea
nd *o^° acquire, receive and hold property, real and perron
within the territorial boundaries of said corporation* a
may own, purchase, lease, acquir,e I'eceive and hold pw
erty, bej'ond the limSts of said corporation to be used i
any or all purposes as the Mayor and Town Council m
deem necessary and proper.

erty Sec. 4. That said corporation is hereby empowered

^' sell, lease or otherwise dispose of any and all proper



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LAWS OP FLORIDA, 337

real or personal, which may belong to said corporation to 1907.

the same extent as natural persons may do. That the Town •

Council may prescribe by ordinance the manner of mak-
Inn such conveyance.

Sec. 5. That the corporate authority of said town of coijporate
Bowling Green shall be vested in a Mayor, Town Council, *" ^^ ^'
Clerk Assessor, Treasurer, Marshal and Collector, and
such other officers as shall be appointed and constituted
according to ordinances of the said town. No person shall
be eligible to any of said oflSces who shall not be a citizen
of the State of Florida and a legal and qualified voter of
said State.

Sec. 6. That the Mayor shall be elected for the term of Term, juHs-
one year by the qualified electors of said corporation, and ers^^duties^"
shall hold his office until his successor is elected and auali- and compen-
fied. His compensation shall be fixed by ordinance, butMayw.^
shall not be changed during his term of office. He shall
have power to preserve peace and order and to enforce
the ordinances of said corporation. The Mayor shall have
jurisdiction for the trial of all offenses against the ordi-
nances of said town. He shall see that the ordinances are
faithfully executed and the orders of the council duly ob-
served and enforced. He shall have power by his warrant
I to have brought before him any person or persons charged
j with the violation of said ordinance. He shall have the



Online LibraryFloridaActs and resolutions adopted by the Legislature of Florida → online text (page 32 of 80)