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Acts and resolutions adopted by the Legislature of Florida online

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tempore, shall discharge the duties of Mayor.

Sec. 12. The legislative power of the corporation shall Election,
be exercised by the Town Council composed of nine mem- ^^les^etc.
bers, who shall serve for a period of one year and until ^J couScfL*
their successors are elected and qualified, unless otherwise
provided in this act. The first election of all town officers
provided for in this act shall be held on the second Tues-
day in July, A. D. 1907, and annually on the same date
thereafter. All vacancies between the elections which shall
occur in the Town Council shall be filled by the votes of
[ the majority of the remaining members. The members

' shall elect annually one of their members to be their

presiding officer, who shall be called the president of the
Town Council, and shall have powers to enforce such rules
as may be adopted by the Town Council. The members of
the Town Council shall serve without pay.

Sec. 13. The Town Council may determine its own rules Rules, regu-
of proceeding and prescribe the punishment of its mem- attendancer*
bers for non-attendance or disorderly conduct, and en- ^|*^^y^^'g
force the same. Two-thirds of its members concurring, it etc., of
may expel a member for nonattendance or other improper cou!nciL^
conduct while in office. The majority of the members of the
Town Council shall be required to form a quorum for
the transaction of business, but a smaller number may ad-
journ, from day to day, and under the provision of the
ordinance, may compel the attendance of absent members
by fines and penalties. The president of the Town Council
and Town Clerk shall have the power to administer neces-
sary oaths and may issue subpoenas and compulsory pro-
ceedings to compel the attendance of persons and the
production of bookft and papers before the Town Council,
or any committee of same. The Town Council shall hold
meetings at such times at it may determine, not less than
one regular meeting a month.

Sec. 14. No bill shall become a law without first hav-



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574 LAWS OF FLORIDA.

1907. ing been passed on three several readings bj a majority
— ■ ^"vote, and on the third reading, a majority of the whole

S^^piMw"^ number of the Town Council shall be required, nor shall
of bills. any such bill be effective until the same is signed by the
Mayor, except that it may be parsed without his signa-
ture or over his veto, as herein provided.

Powers of Sec. 15. The Town Council shall have power, by ordi-
oSuSan<»r nance, to levy and collect taxes on all property and priv-
ileges taxable by law for State purposes; to appropriate
money and provide for the payment of all debts and ex-
penses of the town; to make regulations to prevent the
introduction of contagious diseases in the town ; to estab-
lish hospitals, jails, houses of detention and correction,
and to make regulations for the government thereof; to
make regulations to secure the general health of the in-
habitants, and to prevent and remove nuijuinces ; to pro-
vide for the cleaning and keoping in good sanitary condi-
tion of all premises within the limits of the town ; to reg-
ulate the construction and arrangement of earth closets
and privies, and to make all reasonable rules and regu-
lations in regard thereto; to provide the town with water
by waterworks, within or beyond the boundaries, by con-
tract or otherwise; to provide for the prevention and ex-
tinguishment of fires, and to organize and establish fire
departments; to provide for lighting the town; to make
appropriations to open, alter, abolish, widen, extend, es-
tablish, improve, clean and keep in repair streets, alleys
and sidewalks; to erect, establish and keep in repair
privies, culverts, sewers and gutters; to grant rights and
franchises to and upon the streets, alleys, public roads,
ways and avenues of said city for public utility; to make,
appropriations for lighting streets and public buildings,
and for the erection of all buildings necessary for the use
of the town, to license, tax and regulate hackney carriages,
carts, omnibuses, wagons and drays, and to fix the rate to
be charged for the carriage of persons and of property
within the town ; to license, tax and regulate all priv-
ileges taxable by the State, provided that no license tax
shall exceed the license tax imposed by the State; to pro-
hibit and suppress all gambling houses, bawdy and dis-
orderly houses, and obscene pictures and literature; to
regulate and restrain or prevent the carrying on of man-
ufactories dangerous in causing or producing fires, and



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LAWS OP FLORIDA. 575

Uy regnlate and license the sale of flreannft and Bnppiess 1907.

the carrying of concealed weapons, regulate the storage

of combustiibley explosive and inflammable materials ; ^^wen of^
to provide for and regalate the inspection of beef ^ pork, ordinance.
floor, meal and all other provisions, oils,, whiskey and
other spirits; regulate the inspection of milk, butter,
lard and other provisions; to regulate the vending of meat,
poultry, fish, fruits and v^etables ; to establish and reg-
ulate markets; to impose penalties upon owners, occu-
pants or agents of any house, walk, or sidewalk, or other
structure, which may be considered dangerous or detri-
mental to the citissens, unless, after due notice to be fixed
by ordinance, the same be removed or repaired ; to regu-
late, tax, license or suppress the keeping and going at
large c^ all animals within the town, to impound the same,
and, in default of redemption in pursuance of ordinance,
to sell, kill or otherwise dispose of the same; to establish
pound limits within the town; to provide for inclosing,
improving and regulating public grounds belonging to the
town in or out of the corporate limits; to pass all ordi-
nances necessary for the health, morals, convenience and
safety of the citizens; to secure peace and good order in
the town, and to carry out the full intent and meaning of
this act, and to accomplish the object of this incorpora-
tion ; to provide for the appointment of a police force ; to
provide for the arrest of persons violating any ordinance,
and for their punishment, upon conviction, by fines, for-
feitures, penalties and imprisonment with or without
labor, but no penalty shall exceed five hundred dollars and
no term of imprisonment shall be for a longer term than
three months for the same oflFence. Nothing contained in
this section shall be construed as conferring power on the
Town Council to impose a license tax upon the sale of
spirituous, vinous or malt liquors in contravention of the
gen^nl laws of the State on that subject.

Sec. 16. The Mlayor and Town Council are forbidden tol^l^^^.
make any appropriation of money or credit in the way^ns.
of donations, festivities, pageants, excursions or parades,
nor shall they be authorized to subscribe for stock in any
railroad company or in any other corporation, or give or
Und any money, aid or credit to an^ person or corpora-
tion whatever, and they are hereby prohibited from em-
ploying or appropriating the revenues and taxes in any



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576



LAWS OF FLORIDA.



1907.



Town Clerk
and Tax
Collector.



Treasurer.



Accounts
and war-
rants.



other manner than for the purpose etrictly municipal and
local and according to the provisions of this act. Said
municipality shall not exempt any property from taxa-
tion which shall not be exempt from taxation by the State*

Sec. 17. There shall be one office of Town Clerk and Tax
Collector, and said officer shall be elected by the qualified
electors of said town for the term of one year, and shall
hold office until his successor is elected and qualified. He
shall receive such reasonable compensation as the Town
Council may prescribe by ordinance. He shall be known
and sign all documents, rolls and papers aa Town Clerk.
He shall give such bond as the Town Council may require.
He shall keep a record of all judgments and proceedings
of the Mayor^s court, and shall attend all regular and
special meetings of the Town Council, and shall keep a
record of all the proceedings and acts of the Town Council,
and shall record in books to be kept for that purpose, all
ordinances and resolutions passed by the Town Council,
and ^hall perform all such other dutks as usually jjertain
to the office of Town Clerk and may be required by the
Town Council.

Sec. 18. There shall be one office of Town Treasurer, and
said officer shall be elected by the qualified electors of the
said town for the term of one year. He shall hold office
until his successor is elected and qualified. He shall be
known and designated as Town Treasurer, and shall sign
all documents and papers as Town Treasurer. He shall re-
ceive no actual salary, but the Town Council may by reso-
lution, from time to time, provide for and order the pay-
ment of reasonable compensation for services actually per-
formed. He shall give such bond as the Town Council may
require, lie shall receive and collect all moneys due the
city, except taxes which shall be paid him by the Town
Clerk. He shall keep and complete an accurate accotuit
and record of all moneys by him received and paid out,
and of all the transactions of his office, and shall per-
form all such other duties usually pertaining to his ofllee
as may be required by the Town Council.

Sec. 19. The Town Treasurer shall pay out no funds of
the town except upon a warrant of the Town Clerk, under
the corporate seal of the town, and countersigned by the
president of the Town Council. The Town Clerk shall draw



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LAWS OF PLOBIDA. 677

no warrant upon the Town Treaaurer, except upon the 1907.
warrant of the Town Council. All bills, accounts, and"
claims of debt of every kind whatsoever, shall be considered Jp|coS£at»
and passed bj the Town Council at re^lar meetings. It and w^
shall be the duty of the Town Council to consider and 5?*Troa»-^*
pass upon each item of all pay roll accounts and bills, and ^'^'-
the Town Council shall not pass upon, allow or order the
payment of any bill, pay roll or account until each item
of said bill, pay roll or account, is presented to them. The
Town Council shall not order any warrant or warrants
to be drawn unless there be funds in the hands of the
Town Treasurer sufficient to meet or cover such warrant
or warrants.

Sec, 20. There shall be a Town Tax Assessor, who]^A»-
shall be elected by the Town Council as soon as prac- ******
ticable after each general town election, as the same shall
be constituted by reason of said election. He shall hold
office for the term of one year, and until his successor is
elected and qualified. He shall give such bonds as the
Towm Council may prescribe, and shall receive such com-
pensation as the town may by ordinance provide. He
shall perform all duties prescribed by law, and such other
duties pertaining to his office as may be prescribed by
ordinance.



Sec. 21. There shall be a Town Marshal, who shall be Term, _
elected by the Town Council for the term of one year, andStS?^"**
he shall hold office until his successor is elected and quali- ^*"^***^
fied. fie shall give such bond as the Town Council may
prescribe, and shall receive suoh compensation as the
Council may by ordinance provide. His compensation shall
not be changed during his term of office.

Sec. 22. It shall be the duty of the Marshal to attend all Duties of
regular and special meetings of the Town Council ; to aid ^^"**^
in the enforcement of order under the direction of the
presiding officer ; to execute the commands of the Council
from time to time, as well as of the Mayor in the line of
his duty, and to execute all processes issued by the author-
ity thereof; to attend the Mayor^s Court during its
sittings, and to execute his commands; to aid in the
enforcement of order therein, under the direction of the
Mayor, and to perform such other duties as may be appro-
37— O. L.



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578



LAWS OF FLORIDA.



1907. priate to his oJQfice, under the provisions of law, or as

may be required by ordinance. He shall have control of

the police force subject to the commands of the Town
Council, and shall have police powers of arrest.

SSrshaf'to ®^" ^^* '^^^ Marshal shall have power and author! t7 to
arrest with- immediately arrest, with or without warrant, and lake
out warrant, ^j^^^ custody any person or persons who shall com^nit,
threaten or attempt to commit, in his presence or within
his view, any offense prohibited by the laws of the to\^n ;
and he shall, without unnecessary delay upon making
such arrest, convey the offender or offenders before the
Mayor to be dealt with according to law.

Common law Sec. 24. The Marshal and members of the police force in
tonrim-"' addition to the powers incident to their offices, and as
thority of herein designated, shall possess common law and statutory

authority of Constables except for the service of cImI

process.



police force.



Marshal
shall act as
inspector.



Power
to tax.



Assess-
ments» ett.



Sec. 25. The Town Council shall have the power to
require the Town Marshal to perform the duties of sanitaiy
inspector, and perform such duties in reference to the
inspection of property and premises and reporting tb^
same as the Town Council may require.

Sec. 26. The town shall have the power to raise by tat
and assessment upon all real and personal property, all
sums of money which may be required for the improve-
ment and good government of the town, and for carryin^t
out of the powers and duties herein granted and imposed

Sec. 27. The town may make its own assessment of
property for taxation, but the valuation of the propert}'
by the municipality shall not exceed the last valuation
thereof by the State for taxation, and the total tax levied
upon any property in any one year shall not exceed one
per cent upon such State valuation, but this provision
shall not be so construed as to prevent th^ town from
making such special assessments of property for improve
ment as are specified in this act. All assessment of prop-
erty for taxation shall be as nearly as practicable in the
manner now provided by the law of the State for the
assessment of taxes. It shall not be necessary to describe
personal property assessed for taxation, and the term
"personal property" shall be a sufficient description to



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LAWS OF FLORIDA. 579

Biifltain any listing and assessment of the personal prop- 1907.
erty of any person, firm or corporation.

Sec. 28. All persons, corporation, or firms, holding Tax retnmfc
property, whether real or personal, subject to taxation
by the town of Pablo Beach, are hereby required to mak^s
a return of the same before the fifteenth day of Jumj,
1907, and before the first day of March in every year
thereafter, to the Town Tax Assessor.

Sec. 29. Such return shall be made upon and in com- J" ?uS2*
pliance with blanks prepared therefor and furnished ^>y2e88o" ^^
the town of Pablo Beach, and shall contain a complete list
of all the property taxable by the town belonging to
such person, firm, or corporation, on the first day of
January in the year for which return is made, giving sep-
arately an intelligible description of each separate lot or
parcel of real estate. The description of property thus
returned may be considered by the Town Tax Assessor in
making assessments, but he shall not be bound thereby.
Should any person, firm or corporation omit to make
return as above required, the assessing oflPicer shall assess
property not thus returned in the name of the owner, if
the name of such owner shall be known to him, and where
the name of the owner is not known to him, he may assess
it in the name of the supposed or reputed owner or occu-
pant, or as belonging to unknown owner, and in no case
where the real owner has failed to make return of the
property as herein required, lawfully made, or the enforced
payment of taxes thereon be registered by reason of such
property being assessed otherwise than in the name of
the real owner.

Sec. 30. It shall be the duty of the Town Tax Assessor Duy of
to make out and submit to the first meeting, or as soon -^*>»»^r-
thereafter as practicable, of the Town Council in May of
each year, a preliminary assessment roll of the town. As
soon as practicable after the assessment roll shall be com-
pleted and submitted to the Town Council, it shall cause
to be published or posted at the Town Hall and at two
other public places in the town, a notice that the said as-
sessment roll has been submitted to the Town Council and
approved, and requiring all persons desiring to have cor-
rections thereof made, whether in the listing, valuation
of property or otherwise, to file with the Town Tax Asses-



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680



LAWS OF FLORIDA.



1907.



Duties of



AmtWBOT*B

^•rtlflcato.



Bor on or before the day to be named in the said notice,
' which day shall not be less than ten days after the first
publication or posting of said notice, their petitions to
the Town Council, setting forth their objections to the
said assessment, and the correction that they deside
made. Said notice shall be published daily for four suc-
cessive days in some newspaper published in Duval County
or posted as aforesaid, and said notice shall name a time
and place when and where the Town Council shall meet
for the purpose of equalizing the assessments and making
proper corrections. From the date of first publication of
said notice to and including the time of such meeting
of the Town Council, the assessment roll shall be open to
the inspection of the public during reasonable office hours.
All petitions for correction of assessments so filed with
the Town Tax Assessor shall foe by him delivered to ths
Town Council, and the Council by committee or otherwise
shall investigate concerning the same, and upon the day
named therefor in the notice shall meet and sit as a Tax
Equalizing Board for the purpose of equalizing the said
assessments and correcting the same, and shall consider
and act upon all petitions and shall make such changes in
the valuation or listing of the property as may be neces-
sary to the proper, just and' legal equalizing of said as-
sessment. It shall be the duty of the Town Tax Assessor
to make out a complete tax roll as corrected by the Town
Council, and after the same has been adopted and approved
by the Town Council, it shall stand as the assessment of
the taxable property in the town. As soon as practicable
after such approval and adoption of the assessment roll,
the Town Council shall determine and fix the rate of
taxation and make the annual tax levies of the current
year. The Town Council may levy a tax to be raised as a
whole, or may make special levies for particular pur-
poses as to them shall seem best. The Town Tax Assessor
shall make two assessment rolls, the original of which he
shall retain in his office, and the copy shall be delivered
to the Town Clerk. To each of the assessment rolls he shall
attach his certificate in the following form :

"I, Town Assessor of the town of

Pablo Beach, do hereby certify that the foregoing is
the assessment of the taxable property in the town of



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LAWS OF FLORIDA. 681

Fablo Beach, valued at its full cash value, not exceeding 1907.
the value by the State for the preceding tax year, and that " "

it contains a true statement and description of all prop- tSSSSSS.
erty in the town of Pablo Beach subject to taxation by said
town, or liable to be assessed therein ; that the listing and
valuation in said rolls show correctly and accurately the
listing and valuation as corrected, accepted and adopted
by the Town Council, and that all the requirements of
the law and ordinances regvlating the making of the as-
sesament roll of the town of Pablo Beach have been com-
plied with.

"Dated this day of

"Town Tax Assessor of the Town of Pablo Beach."

To the assessment roll delivered to the Town Clerk the
Town Tax Assessor shall attach a warrant under his hand
substantially in the form following, to-wit :

**The State of Florida, Town of Pablo Beach :

"To Town Clerk of the Town of

Pablo Beach :

'*Yoii are hereby commanded to collect out of the prop-^J^SSft©
erty and from each of the persons, firms and corporations Town CMtu
named in the annexed roll, the taxes set down in such roll
opposite each name, corporation or firm, or parcel of land
. therein described and in case the taxes so imposed are not
paid at the time prescribed by law, you are to collect the
same in such a manner as provided by law and all sums
collected, you are to account for as the Town Clerk of the
tovn of Pablo Beach; and you are further required to
make all collections and reports and a final report to and
settlement with the Town Treasurer and Town Council
as required by law, and ordinances.

"Given under my hand this day of



"Town Tax Assessor of Town of Pablo Beach."

Sec. 31. All taxes shall be due and payable on the first
day of July in each year or as soon thereafter as the as-
sessment roll may come into the hands of the Town Clerk,
of which he shall give notice by publication once a day
for four consecutive days in some newspaper published in



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582 LAWS OF FLORIDA.

1907. Duval County, Florida, or by posting said notice at the
Town BCall and two other public places in said town, and

of^'taxeik^ the taxes remaining due and unpaid on the first day of
October thereafter shall be enforced in the manner pre-
scribed by law, and interest at the rate of twelve pgr cent,
per annum from the first day of October shall be added

Proviso. thereto and collected ; provided, no interest shall run until
ten days shall have elapsed from the date of the first pub-
lication or posting of said notice by the Town Clerk. Any
assessment of taxes shall be and remain a lien upon the
property assessed superior to all other liens or claims until
the san^e shall be paid. The Town Clerk shall have x>ower

iMstress to issu^ distress warrants and alias and pluries distress

wrar.ts. warrants in the name of the State and town to enforce
the collection of taxes on property and privileges. Such
warrants shall be executed by the Town Marshal, or by any
constable or sheriff.

The oflScer to whom the writ is directed shall execute
Secutt^if^f ^^^ same by service upon the defendant, if he be found
dian-ess^ within the town, and by levies upon the property distrain-
wMTan s, ^j^j^ j^^ g^^j^ taxes, and he shall give public notice of the
time and place of sale of the property to be sold at least
fifteen days previous to the sale by posting a notice of
such sale at the Town Hall and two other places in the
town ; provided, that if the person owning or claiming such
property cannot be found in the town, no personal service
shall be required. At any time previous to the sale the
owner of such property may release the same by the pay-
ment of taxes and the charges for which the same is liable
to be sold. In case any levies shall be made as aforesaid,
the officer making the levy shall be entitled to the same
fees as are allowed the sheriff.

Surplus on Sec. 32. If the property levied upon shall be sold f>r
TOWPrty for more than the amount of taxes, costs and collection fees,
taxes. the surplus shall be returned to the person in whose pos-

session the property was when the levy was made, or to
Unpaid the owner of the property. All unpaid taxes and assess-

Suected ^y "^^^^8 may be collected by suit in court of law or in equity.
suits, or by The Town Council may by resolution certify to an attor-
an a orney. jj^y-jit-law in Duval Couuty, Florida, any unpaid taxes
and assessments for collection, and if the taxes or assess-
ments are collected without suit, he shall receive for his
services such reasonable compensation as may be fixed



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LAWS OF FLORIDA. 583

by ordinance, which shall be in addition to such tax or IWl.
assessment, and shall be a lieu upon the property, the
same as the tax or assessment. In case of suit, he shall re-
ceive such reasonable attorney's fees which shall be re-
covered and collected by such suit, as may be fixed by the
court.

Sec. 33. If the taxes on real estate shall not be paid be- CoiieoUomi
fore the first day of October next, after the tax roll shall prop«rS ^
have come into the hands of the Town Clerk, the Town Jjve^n^**
(Council may require the Town Clerk any time thereafter, J^n pa*^,



Online LibraryFloridaActs and resolutions adopted by the Legislature of Florida → online text (page 55 of 80)