Sec. 4. At any time after the passage and approval of this Act the qualified voters may on a petition of a majority thereof and after due notice meet and hold an election for officers; thereafter an election shall be held annually for their successors; Provided, The time of holding such an election may be changed by ordinance. The council shall have power to pass ordinances, regulate the holding of elections and for the registration of the electors; Provided, Elections are not inconsistent with the Constitution of the United States and of the State of Florida. 1911 Election officers. Sec. 5. The mayor shall have and exercise the powers Mayor. usually incident to that office. He shall see that the ordinances of the town are faithfully executed. He may require the marshal to bring before him any person who has been an offender against the ordinances of the town, to enforce the attendance of witnesses, to assess and cause fines to be collected according to the ordinances of the town. Sec. 6. The Town Council shall choose one of its mem- Council. bers to be president of the council who shall preside at its meetings, in the absence or disability of the mayor he shall act in his place until such absence or disability is removed. In case of a vacancy in the office of mayor the president of the council shall fill the unexpired term. In case of a vacancy in the office of councilman the Council with the approval of the mayor shall appoint a suitable person to fill the unexpired term. They shall also have the same power in case a vacancy of clerk, treasurer, assessor, marshal and collector. All officers duly installed shall hold their respective offices until their successors are duly qualified. office. Sec. 7. Within ten days after an election has been held Oath of all officers who have been elected shall take and subscribe to an oath faithfully to discharge the duties of said office. Such oath may be as follows: "I do solemnly swear that I will support and defend the Constitution of the United States and of the State of Florida, that I am qualified to hold office under same and that I will faithfully discharge the duties of the office upon which I am about to enter to the best of my ability-so help me God." of 1911 Powers of General Bond to be given. Clerk and Taxation. Sec. 8. The Town Council shall have power to pass any and all ordinances necessary for the preservation of the peace, health, safety and general good of the town; to open up streets and to provide for working same; to prevent and abate nuisances; to provide for protection against fire; to provide for water supply; to employ police force and for working convicted persons on the streets. The Council shall also have power to regulate the pay of all officers and persons employed. Sec. 9. The Council shall have power to suppress and prohibit all houses of ill fame, loiters and all gambling and gaming houses; to authorize the destruction of all devices for lotteries or for the purpose of gaming; to prohibit illicit sale of intoxicants; to regulate all places used for public exhibition and amusements, hotels and boarding houses. Council shall also have power to regulate the keeping and sale of fresh meats and vegetables and license for same. Council shall also have power to levy street tax or otherwise to provide for working streets, to fix and regulate the pay of all officers and employees; Provided, That not more than twenty mills shall be levied for any and all purposes unless a demand shall be by the qualified voters of the town and a petition signed by a majority of them asking for such rate. Sec. 10. The Council shall require bond to be given by the clerk, treasurer, assessor, marshal and collector in such sum as they may deem necessary to insure the faithful performance of duties and the safe keeping of funds, such bonds shall have two or more sureties whose property is sufficient to indemnify the town in case of loss of negligence or dishonesty. Sec. 11. The duties of clerk and treasurer and of mar shal and collector shall be such as usually appertain to such offices respectively and they shall perform same according to law and the ordinances of the Council at stated meetings. Sec. 12. Whenever the Council shall levy any tax and shall so direct, it shall be the duty of the Assessor to proceed to assess off the property of the town, real, personal and mixed, at an equal and just valuation. He shall also collect taxes due on same when required to do so by the order of the Council and pay to the treasurer such sums as he may collect. 1911 Treasurer to keep money, Sec. 13. The treasurer shall keep such moneys as are paid into the Treasury subject to the order of the Council; etc. and no money shall be paid out of the treasury except in consequence of appropriations previously made for the particular purpose for which it was appropriated. All assessments under this Act shall create a lien on the property assessed, which may be sold to satisfy such lien, and costs adjudged against any person for any liability shall create a lien on the estate of such person and a sufficiency of same may be sold to satisfy such costs. Sec. 14. When any ordinance shall be passed by the Ordinances. Council it shall be submitted to the mayor for his approval. If he dissent he shall return the same within ten days stating his objection, otherwise it shall become a law. By four-fifths vote any ordinance of the Council may become law notwithstanding the mayor's objection. proceedings. Sec. 15. The mayor and Town Council shall keep record Record of of all their proceedings. The clerk shall keep and have in custody the records of the Town Council and the corporate seal. All ordinances and proceedings of the council shall be published which may be done by posting in a conspicuous place within the limits of the incorporation or in a newspaper in the county. regulation. Sec. 16. The Council shall have the power to require Sanitary all residents to keep their premises clean and to prevent the accumulation of filth and noxious weeds thereon and to provide by ordinance such penalties as are just for failure thereof; and it shall be the duty of the marshal to enforce such ordinances. main. Sec. 17. The Council may by ordinance provide for the Eminent docondemnation of lands and for the acquisition of the same by the municipality under the power of eminent domain whenever the same is necessary to the execution of any right conferred by this Act and the proceeding of such cases shall be the same as provided by General Law for condemnation of lands for public purposes. Sec. 18. The right to appropriate property for the im provement of streets or for any other purpose shall be 1911 Enforcement of ordinances. Occupational tax. Section 9. Omissions from Act. Limitation regulated by the General Laws of the State. If any person is aggrieved by the action of the Council in respect to such rights it shall be the duty of the Council where complaint is made to endeavor to have such matters settled by arbitration and without legal process; but the Council shall have full power to enforce such ordinances if not inconsistent with the General Laws of the State. Sec. 19. No act or ordinance of the Council in respect to the levying of occupation tax shall be valid except it be allowed by and in conformity to the General Laws of the State. Sec. 20. In every case of levying taxes or of raising funds it shall be in conformity to the provisions of Section 9 of this Act. Sec. 21. In case anything is omitted from the provis ions of this Act that may be found necessary to the en. forcement of the same according to the intent and meaning thereof the Council is hereby empowered to make any ordinance or orders so found necessary if in conformity to the general usage of municipal bodies and not in conflict with the Laws of the State. Sec. 22. In case no action be taken immediately after the approval of this Act to call for an election of officers the Acts shall not become void on that account but in case no action be taken within one year from date of the ap proval of the Act same shall be void. Sec. 23. This Act shall take effect and be in force from the time of its acceptance by the qualified voters as provided in Section 4 of this Act. Approved June 2, 1911. CHAPTER 6326—(No. 207). AN ACT Authorizing and Empowering the Town Council of the Town of Bellview, in the County of Marion and State of Florida, to Pass and Adopt Ordinances for the Prevention of the Running at Large upon its Streets Alleys and Lanes of Hogs, Cows or Cattle or Other Domestic Animals, and to Provide for Impounding of Hogs, Cattle or Other Animals so Running at Large Upon Its Streets, Alleys and Lanes; and to Empower Police Officers of the Said Town to Impound Same and to Fix His Compensation and Fees: Whereas, It Being Made to Appear to the Legislature of the State of Florida that notice of an intention to apply for this legislation has been duly published within the County of Marion, in the State of Florida, as required by the Constitution of the State of Florida; therefore, Be it Enacted by the Legislature of the State of Florida: Section 1. That the Town Council of the municipal corporation of Bellview, in the County of Marion and State of Florida be, and it is hereby, vested with full authority to pass and adopt ordinances, rules and regulations, or as many as may be deemed necessary, to prevent and prohibit the running at large upon the streets, lanes and alleys of the said town within its corporate limits, of any hogs, cattle, horses, mules or other animals; to provide for impounding of the same and the detention of the same therein; to provide the amount to be charged for the keep of such animals while so impounded; to provide for the payment of fees for impounding by its police or other impounding officers and to provide the manner of collecting the same; to pass such other and further ordinances, rules and regulations as may be reasonable and necessary and in relation to such impounding of hogs, mules, horses, cattle, or other animals. Sec. 2. This Act shall take effect and be in force upon its approval by the Governor. Approved June 2, 1911. |