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1911

Election

Commission.

Elections.

same shall be published in a newspaper in the town, or posted in at least three public places in the town.

ARTICLE IV.

Section 1. That M. P. Matheny, A. A. Hazen, E. J. Ward, John Shriver and E. L. Crosby are hereby constituted an Election Commission to hold the election provided for in Section 2 of this article.

Sec. 2. That the first election of all elective officers enumerated in this Act shall be held by the commissioners herein constituted, pursuant to the regulation which may be adopted by the commissioners of election herein mentioned, and to the general election laws of the State of Florida, as near as the same are applicable, on Tuesday, the 20th day of June, A. D. 1911, and the officers then elected shall be sworn into office by some officer authorized to administer oaths, on the 21st day of June, A. D. 1911, and shall hold office until the election and qualification of their successors by general election at such time and under such provisions as shall by ordinance of the Town Council provided; Provided, That the three persons receiving the highest number of votes for councilmen at said election shall hold office until the election and qualification of their successors at the second general election thereafter as provided by ordinance, and that the two persons receiving the next highest number of votes for councilmen shall hold office until the election and qualification of their successors at the first general election thereafter as provided by ordinance. Every person entitled to vote for members of the Legislature by the laws of the State of Florida, and who shall have resided in the town for six months next preceding said first election, as provided in this section, shall be deemed a legal elector at said first election as provided herein, and the election commission provided in Section 1 of this article shall be the judge of the qualification of said electors. A true and correct result of the ballot polled at the said first election, with the full number of votes cast for each person voted for, for each office, shall be preserved by the election commission and filed with the Town Clerk immediately upon his qualification.

Sec. 3. The Town Council shall prescribe by ordinance the qualification of electors, the form of ballot to be used,

the nature and time of notice to be given for general and special elections, the method of conducting, the manner of making returns, the canvassing the vote and declaring the result of elections.

ARTICLE V.

1911

Section 1. There shall be a Town Marshal who shall Marshal. be appointed by the Town Council at its first regular meeting in January of each year, and shall hold office for the term of one year and until his successor is appointed and qualified, and whose duty shall be such as may be prescribed by law and the Town Council; Provided, That the Town Council first elected under the provisions of Section 2 of Article 4 of this Act, shall, immediately upon their qualifications appoint a Town Marshal who shall serve until a Town Marshal be appointed as provided in this section.

ARTICLE VI.

Section 1. There shall be a Town Clerk, who shall also Clerk. be Collector of Taxes. He shall be elected annually by the voters of the town at the annual election as may be prescribed by the Town Council; Provided, That the Town Clerk first be elected as provided in Section 2 of Article 4 of this Act shall hold office until the election and qualification of the Town Clerk at the first general annual election under this Act. The Town Clerk shall hold office for one year and until his successor is qualified.

ARTICLE VII.

Section 1. There shall be a Town Treasurer who shall Treasurer. also be Assessor of Taxes. He shall be elected annually by the qualified voters of the town at the annual election as may be prescribed by town ordinance, whose duties shall be prescribed by ordinance of the Town Council; Provided, That the Town Treasurer first elected as provided in Section 2 of Article 4 of this Act, shall hold office until the election and qualification of his successor at the general election as shall be provided under this Act by town ordinance. The Town Treasurer shall hold office for the term of one year, and until his successor is elected and qualified.

1911

Taxation.

Rate of taxation.

Erroneous assessments.

Distress warrants.

Construction of Section 4, Article VIII.

Ordinances to be published.

ARTICLE VIII.

Section 1. That all property which is subject to State taxes shall be assessed and levied for taxation for the entire town, except such property as may be exempted from taxation by ordinance. The assessment of taxes shall be made by the Assessor under the laws by which such property is assessed for State and county purposes. Privileges may be licensed and taxed by the town as may be from time to time provided by town ordinance.

Sec. 2. That said corporation shall not have the power to levy in any year for ordinary purposes, a higher rate of tax than fifteen (15) mills of the assessed value of the property within its limits.

Sec. 3. That the Town Council shall provide by ordinance for the correction of erroneous assessments, for the assessment of property omitted by the Assessor, for defects in assessment, for reduction on assessment and for the increase thereof to equalize assessments.

Sec. 4. That the Collector of Taxes shall have power to issue distress warrants in the name of the town to enforce collections, and the same may be executed by the Town Marshal or any constable or sheriff. All taxes and assessments shall be lien on the property assessed, until the same shall be paid or the same shall be sold therefor. Such lien, if on real estate, may, after return nulla bona on a distress warrant, be enforced as other liens. All unpaid taxes or assessments may be collected by suits in courts of law or equity. The cost of all suits and proceedings for the collection of unpaid taxes and assessments, including a reasonable attorney's fee, shall be recovered by suit.

Sec. 5. That nothing in the foregoing section shall be construed so as to prevent collectors from making sales or certification of realty for unpaid taxes or assessments in the manner now provided, or which may hereafter be provided by law, for the collection of taxes by incorporated cities or towns.

ARTICLE IX.

Sec. 1. That all ordinances passed by the Town Council before they shall have the effect of law, shall be pub

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lished or posted within the aforesaid corporate limits in a manner and for the time to be prescribed by ordinance.

Sec. 2. That all ordinances, resolutions or proceedings of the Town Council may be provided by the seal of the corporation attested by the Town Clerk, and when printed and published by the authority of the corporation, the same shall be received in evidence in all courts and places without further proof.

Sec. 3. That this Act shall take effect from and after its passage and approval by the Governor.

Approved May 23, 1911.

1911

CHAPTER 6330-(No. 211).

AN ACT to Authorize the Mayor and the Town Council of the Town of Brooksville to Issue the Bonds of the Town of Brooksville in Such Amounts and for the Purposes Enumerated in an Ordinance Entitled "An Ordinance to Provide for an Election for the Purpose of Submitting to the Electors Qualified to Vote in a Bond Election in the Town of Brooksville, Florida, the Question of Issuing Bonds for Any or All of the Purposes and Amounts Hereinafter Set Forth; to Provide the form of Ballot to be Used; to Provide for the Canvass of the Vote Cast at Said Election; to Provide the Form of Bonds Authorized by Said Election, and for the Printing of the Same; to Provide the Manner of Issuing Any Bonds to be Issued Under the Provisions of This Ordinance, and the Amount of Each, and to Provide for the Sale of the Same; to Provide for the Proper Expenditure of Any and All Funds Arising from the Sale of Any Bonds Issued Under the Provisions of This Ordinance, and for the Safe Keeping of the Said Bonds and the Funds Arising from the Sale Thereof; to Designate the Proportion to be Paid by Each the Owners of the Property and the Town of Brooksville Where Street Paving Shall be Undertaken;

1911

to Provide for a Levy of Special Taxes on the Taxable Property of Said Town for the Payment of Interest on Any Bonds Issued Under the Provisions of This Ordinance, and for Retiring Said Bonds as They Shall Fall Due, and to Provide for the Payment of Old Bonds Now Unpaid," Which Was Passed by the Town Council of the Town of Brooksville on the 27th day of February, A. D. 1911, and Approved by the Mayor on the 7th Day of March, A. D. 1911, Which Said Ordinance Provided for An Election by the Qualified Electors in the Town of Brooksville Qualified to Vote in a Town Bond Election in the Said Town of Brooksville.

Whereas, Under and by virtue of an ordinance of the Town of Brooksville entitled "An Ordinance to provide for an election for the purpose of submitting to the electors qualified to vote in a bond election in the Town of Brooksville, Florida, the question of issuing bonds for any or all of the purposes and amounts hereinafter set forth; to provide the form of ballot to be used; to provide for the canvass of the vote cast at said election; to provide the form of bonds authorized by said election, and for the printing of the same; to provide the manner of issuing any bonds to be issued under the provisions of this ordinance, and the amount of each, and to provide for the sale of the same; to provide for the proper expenditure of any and all funds arising from the sale of any bonds issued under the provisions of this ordinance, and for the safe keeping of the said bonds and the funds arising from the sale thereof; to designate the proportion to be paid by each the owners of property and the Town of Brooksville where street paving shall be undertaken; to provide for a levy of special taxes on the taxable property of said town for the payment of interest on any bonds issued under the provisions of this ordinance, and for retiring said bonds as they shall fall due, and to provide for the payment of old bonds now unpaid," an elec

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