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hereafter be given, granted or lawfully exercised in law by any
SEC. 30. The present city or town government of Palatka shall shall not be revoked, abolished or impaired until the When existing Mayor and City Councilmen, or [a] majority of said Council- charter of Pa men, shall be elected and qualified under this act.
not included in
SEC. 31. Nothing in this act shall be construed in any way to
Approved June 3, 1887.
CHAPTER 3781-[No. 101.]
AN ACT to Revoke and Abolish the Present Municipal Government of
Be it enacted by the Legislature of the State of Florida:
SECTION 1. That the municipal corporation of the town of DeLand, in the county of Volusia, is hereby abolished, and all Existing corporation of acts and portions of acts inconsistent with the provisions of DeLand abolthis act are hereby repealed, subject to the last section of this ished.
SEC. 2. That the title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses Property of old in action held or owned by the town of DeLand shall pass to, pass to new one and be vested in, the corporation which may be organized to succeed said town.
SEC. 3. That no obligation or contract of said town shall be impaired by this change, but all the debts and obligations of said town shall continue unimpaired.
All contracts to
remain unim. paired.
SECTION 1. That a municipality to be called the city of DeLand is hereby established in Volusia county, the territorial City of Deboundaries of which shall be as follows, viz: Commencing at the northeast corner of the northwest quarter of section ten (10) Boundaries. of township seventeen (17), south, range thirty (30), east, running thence west along the section lines between sections three (3) and ten (10), sections four (4) and nine (9), and sections five (5) and eight (8), to the northeast corner of the
northwest quarter of the northwest quarter of section eight (8); thence due south to the southeast corner of the southwest quarter of the southwest quarter of section seventeen (17); thence east along the section lines between sections seventeen (17) and twenty (20), sections sixteen (16) and twenty-one (21) and sections fifteen (15) and twenty-two (22), to the southwest corner of the southeast quarter of said section fifteen (15); thence due north along the quarter section line of sections fifteen (15) and ten (10) to place of beginning; all of said sections being in township seventeen (17) south, range thirty (30) east, according to the United States survey.
SEC. 2. That said corporation shall have perpetual succesCorporate pow. sion, shall sue and be sued, plead and be impleaded, and may purchase, lease, receive and hold property, real and personal, within said city; and may sell, lease or otherwise dispose of the same for the benefit of the city; and may purchase, lease, receive and hold property, real and personal, beyond the limits of the city, to be used for the burial of the dead, for the erection of water works, for the establishment of poor houses, pest houses and houses of detention and correction, for public parks and promenades, and for any other public purpose that the Mayor and City Council may deem necessary or proper; and may sell, lease or otherwise dispose of such property for the benefit of the city to the same extent as natural persons may. Said city shall have and use a common seal, and change it at pleasure.
SEC. 3. That the corporate authority of the city shall be vested in a Mayor, City Council, Clerk, Treasurer and such thority, in who other officers as may be appointed or elected in pursuance of law. No person shall be eligible to any of said offices who Who eligible to shall not be a citizen of the State of Florida, and who shall not be a resident and a legal voter of the city.
ARTICLE III-THE MAYOR.
SECTION 1. That the Mayor shall be elected for the term of one year and until his successor is elected and qualified by the qual ified electors of the city at large. His compensation shall be fixed by ordinance, but shall not be changed during his term of office. He shall have the power of a Justice of the Peace Conservator of for the preservation of peace within the city and public grounds belonging to the city.
ties of Mayor.
SEC. 2. That the Mayor shall have jurisdiction for the trial Powers and du- of all offences against the city ordinances; to see that the ordinances of the city are faithfully executed; to have power by his warrant to have brought before him any person or persons charged with a violation of a city ordinance; to require the attendance of witnesses for the city and defendants; to admin
ister oaths; to take affidavits; to inquire into the truth or falsity of all charges; to decide upon the guilt or innocence of the accused and fix by his sentence the penalty, and see that the same shall be enforced as by law or ordinance may be prescribed; to pardon and release persons convicted by him, and to have and exercise all the powers incidental and usual
to the due enforcement of his juris iction. He shall keep a To keep record record and minutes of his official acts, and may require the of official acts. City Clerk to make and preserve this record from his minutes. When in his opinion the public good requires, he may appoint
and discharge special policemen and detectives.
SEC. 3. That the Mayor shall have power to bid in or cause
tax sales, &c.
to be bid in property for the city at all tax sales, and judicial To purchase sales, and sales under process of law when the city is a party, to city property at make pro tempore appointments to fill vacancies caused by sickness, death, absence or disability of any city officer, and to suspend any city officer for misconduct in office or neglect of To remove or duty, reporting his actions with his reasons therefor in writing tain officers. to the next regular meeting of the City Council for its approval or rejection; but he shall not have the power to suspend members of the City Council or to fill vacancies in membership of the same.
SEC. 4. That the Mayor may call special meetings of the City Council, and when called he shall state the objects for To call special which called; and the business of such meetings shall be con- council. fined to the objects so stated. He shall be ex-oj c-officio a member of all standing committees, but not entitled to vote. SEC. 5. That the Mayor shall have a general supervision over all city officers but not over members of the City Council, and may examine into the condition of their offices, the books, papers and records therein, and the manner of conducting their official business. and may call for information relating to their official business; and he shall report to the City Council all violations or neglect of duty on the part of any city official that may come to his knowledge.
To have superofficials.
vision over city
SEC. 6. That every ordinance passed by the City Council before becoming a law shall be presented to the Mayor. If he ap- To sign all or proves the same he shall sign it; but if not he shall return it with his objections in writing to the next regular meeting of the City Council for its reconsideration, and if the City Coun- Veto. cil shall pass the ordinance by a two-thirds vote of the memhers present it shall become a law. He may veto any parts of ordinance and approve the residue. If he shall fail to return any ordinance at or before the next regular meeting after its passage he shall be deemed to have approved the same and it shall become a law without further action.
mendations to City Council.
SEC. 7. That the Mayor shall communicate from time to time to the City Council such information and recommend such To make recom- measures as may tend to the interests of the city, and shall report violations and neglect of duty on the part of any city offi cer which may come to his knowledge; and he shall take care that all the laws and ordinances of the city are duly respected and observed, and shal perform such other duties as the ordinances of the City Council may require of him.
SEC. 8. That the Mayor may be impeached by the City Coun How impeached cil for misfeasance, malfeasance or nonfeasance in office, and for drunkenness, or for habitual intoxication; and two-thirds of the members of the City Council may remove him from office. Should charges at any time be preferred against the Mayor, the City Council shall proceed without unnecessary delay to investigate and decide them.
When President of Council, &c., to act as Mayor.
City Council, how elected.
Powers of City
Council as to
their own body.
SEC. 9. That in case of the death or the absence of the Mayor from the city, or his inability, by sickness or from any cause, to discharge the duties of Mayor, the President of the City Council, or in his absence the acting President of the City Council, shall discharge the duties of Mayor pro tempore, or until the office of Mayor shall be filled by law in the manner to be by ordinance provided.
ARTICLE IV-THE CITY COUNCIL.
SECTION 1. That the City Council shall be composed of six Councilmen, who shall be elected for a term of two years at a general election by the qualified voters of the city; but not more than two electors residing in any one ward (when said city shall be divided into wards) shall be eligible, and such Councilmen shall be and remain residents of such wards during the term of their office. At the first election under this charter three of the Councilmen shall be elected for one year, and the remainder for two years. The three electors receiving the highest number of votes at said election shall hold for the long term, and the three receiving the next highest number of votes at said election shall hold for the short term. The term of office of any member of the City Council shall expire at the end of the term for which he is elected. The members shall elect one of their number to be President of the City Council, and he shall have power to enforce such rules as may be adopted by the board for its own government; and in the absence of the President the members may choose or elect one of their number President pro tempore.
SEC. 2. That the City Council shall judge of the qualifications, elections and returns of its own members. It may Choose its rules of procedure, and may prescribe a penalty for non-attendance of its members and for their disorderly
conduct, and enforce the same; and two-thirds of its members
SEC. 3. That the City Council may hold meetings at such times as it may determine, holding not less than one regular ings. meeting per month.
City wards and
SEC. 4. That the City Council may divide the city into wards, the number and boundaries of which may be changed boundaries. from time to time.
SEC. 5. That the City Council shall have power and is here. by authorized to create such offices and provide by ordinance Council to crefor the appointment or election of all such officers, and pro- officers, &c. vide for the appointment of such employees, as may be neces sary for the good government of the city (not in conflict with nor to interfere with the duties of officers and appointees provided for in this act), whose compensation and terms of service shall be fixed before their election or appointment, and their compensation shall not be increased or diminished during their term of office. The City Council shall have power to abolish, at any time, any office created by them and to discharge any officer elected or appointed by them; but shall not abolish any office created under this act.
Election to be
SEC. 6. That all elections or appointments of officers or employees by the City Council shall be viva voce on the call of viva voce. the roll.
quired to give
SEC. 7. That all incumbents of offices created by this act, or created by city ordinances, shall be required to give such bond City officials reas the City Council may by ordinance provide; and the City Bonds. Council may demand of its employees, appointees and artisans such bond as it shall deem fit in case there is no ordinance requiring such bond.
hance for taxes,
SEC. 8. No Councilman shall be eligible to any other city Councilmen inoffice. SEC. 9. That the Mayor and City Council shall, within the limitations of this act, have power by ordinances to levy and City Council to collect taxes upon all property and privileges taxable by law provide by ordifor State purposes; to appropriate money and provide for the &c. payment of the debts and expenses of the city, and also for the debts of the municipal corporation of which said city is the successor; to make regulations to prevent the introduction To make quarantine regula. of contagious diseases into the city, and to make quarantine laws for the purpose, and to enforce the same within two miles of the city; to establish hospitals, jails, houses of detention