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1911

Limitation.

Passage of ordinances by petition.

Amendment

of charter.

Elections of officers.

Sec. 29. No city officer shall be financially interested in or participate in the profits of any contract with the city, nor in any franchise for profit heretofore or hereafter granted by the city, nor in the placing of its bonds.

Sec. 30. Whenever there shall be presented to the City Council a petition signed by a number of qualified voters equal to twenty-five per cent. of the registered voters of the City of Marianna at last election asking that an ordinance set forth in such petition, or that any existing ordinance or resolution or any act of council affecting the citizens, which shall also be set forth at length in said petition, be submitted to the vote of the electors of said city at the next ensuing city election or at a special election, if the petition shall so require, and the majority of the votes cast at such election on said ordinance or ordinances, shall be sufficient for its or their enactment or repeal. Based upon the same per centum of legal electors, upon petition, the council shall call a special election, which shall have power by a majority vote of qualified electors to recall by an imperative mandate any officer or officers of the city government, who may, in such petition, be charged with malfeasance in office or with delinquency or incompentency in the performance of their official duties, and thereupon and mmediately, if it shall be so determined by a majority vote, as soon as the result of said election shall have been officially declared, said officer or officers shall cease to exercise the duties of his or their office, and same shall immediately become vacant, and the vacancies thus determined by vote shall be filled by election or lawful appointment.

Sec. 31. This charter may be amended, changed or added to at any time by an ordinance first passed by an affirmative vote of two-thirds of the council and ratified by a majority of the votes passed by the qualified electors of the city at a general or special election held for that purpose. At such election each amendment proposed shall be succinctly described on the ballot, and shall be voted on separately.

Sec. 32. The first election of officers under this char ter shall be held on the second Tuesday in December, 1911, and biennially thereafter, and all elected officers shall assume their duties on the first Tuesday in January

next after they shall have been elected. Municipal elections shall be held and the result determined in accordance with the laws of the State of Florida in so far as the same are applicable to municipalities and in accordance with the ordinances of the City of Marianna now in force or which may hereafter be passed. All voting shall be by ballot, and all persons who shall possess the qualifications requisite to an elector to general State elections and shall have resided in the City of Marianna for six months next preceding the election and who shall have been duly registered in the manner provided by ordinance, and shall have paid all poll taxes as provided by the laws of the State of Florida, shall be deemed legal voters at an election of said city, except as herein otherwise provided. All elected officers, before entering upon their duties, shall take and subscribe to an oath for the faithful performance of their duties, and the council may, by ordinance, provide that any officer or officers elected by the City Council or appointed by the Mayor shall, in like manner, subscribe to an oath for the performance of their respective duties.

1911

Sec. 33. All the powers, privileges and provisions of General law. the general law of the State of Florida for the incorpo

ration of cities and towns when not in conflict with the terms of this Act, shall be, and the same are hereby made a part of this charter.

Sec. 34. All laws and parts of law in conflict with this Act be and the same are hereby repealed.

Sec. 35. This Act shall take effect immediately upon its passage and approval by the Governor, or in case the Governor fails to approve, then it shall be effective immediately upon becoming a law without the approval of the Governor.

Approved May 5, 1911.

1911

Authority to recall officer.

Petition and election.

First and second election.

Regulation

CHAPTER 6372-(No. 253).

AN ACT Giving to the Electorate of the City of Miami, a Municipal Corporation Organized and Existing Under the Laws of the State of Florida, and Located in the County of Dade, the Power to Recall Any or All of Its Officers Made Elective Under Its Present Charter, Namely: Chapter 5823, Acts of the Legislature of Florida, for the Year 1907, and Chapter 6073, Acts of the Legislature of Florida, for the Year 1909.

Be it Enacted by the Legislature of the State of Florida: Section 1. That the electorate of the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida and located in the County of Dade, are hereby given the right and power to recall all or any officer of said city in all cases where said officer or officers are elected by the vote of said electorate under the present charter of the City of Miami, as contained in Chapter 5823, Acts of the Legislature of Florida for the year 1907, and Chapter 6073, Acts of the said Legislature for the year 1909.

Sec. 2. That upon the presentation to the council of the said city of a petition or petitions signed by registered voters of the said city in number equal to fifteen per cent. of the city registration asking for a recall of any officer or officers elective under the charter of said city, it shall become the duty of said City Council to call an election within fifteen days after the presentation of such petition or petitions to fill the place or places of any officer or officers so petitioned against.

Sec. 3. That in calling said election it shall be the duty of said council to provide for a first and second election to the end that the candidate or candidates chosen shall receive a majority vote. The said first election shall be held not later than fifty days after the filing of said petition or petitions and the said second election not later than ten days after the first.

Sec. 4. That the officer or officers petitioned against, of elections. except in case of resignation prior to the calling of said elections by the City Council, shall be candidates for

the offices held by them respectively at said elections. In all cases where the office to be filled is held by one person, the two persons receiving the highest vote in the first election shall be the candidates in the second election, and in case more than one official holding the same office is petitioned against, then in such event in said second election double the number of officials shall be candidates taking those receiving the highest vote in the first election as such candidates. Provided, That any candidate receiving a majority vote in the first election shall not be required to enter the second.

Sec. 5. That the term of office of any officer so recalled as above provided shall expire on the first Thursday succeeding the date of the holding of the election at which his successor is chosen, and his successor shall hold office only for the unexpired regular term.

Sec. 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 7. That this Act shall take effect immediately upon its passage and approval by the Governor, or upon its. becoming a law without such approval.

(Became a law without the approval of the Governor.)

1911

Expiration recalled.

of officer

CHAPTER 6373-(No. 254).

AN ACT to Abolish the Present Municipal Government of the Town of Micanopy, in the County of Alachua, State of Florida, and to Establish, Organize and Constitute in Its Place a Municipality, to Be Known and Designated As the Town of Micanopy, to Define Its Territorial Boundaries and to Provide for Its Jurisdiction, Powers and Privileges, and the Exercise of the Same.

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

Section 1. That the present municipal government of the Town of Micanopy, Alachua County, is hereby abol

1911 Territorial boundaries.

Debts and other obligations.

Succession.

Corporate authorities.

Bond

issue.

Sec. 2. That a municipality to be known and designated as the Town of Micanopy is hereby established in the County of Alachua, in the place of the present municipality, the territorial boundaries of which shall be the same as, and co-extensive with, section 20, township 11, range 20 of United States survey.

Sec. 3. That no obligation or contract of the said municipality shall be impaired by this change, but all debts, contracts and obligations shall be obligations upon and enforceable against the new municipality.

Sec. 4. That the title, right and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action, held or owned by the said municipality of Micanopy, shall pass and be vested in the municipal corporation hereby organized to succeed such municipality.

Sec. 5. That the corporate authorities of said municipality hereby established, shall be vested in a Mayor, Town Council, Clerk, Tax Assessor, Tax Collector, Treas urer and Marshal, and such other officers as may be provided for and constituted by ordinance. The offices of Clerk and Treasurer may be held by one and the same person, at the discretion of the Town Council. The Marshal and Collector shall be appointed by the council. All officers of said municipality, except the Marshal and Collector shall be freeholders, owning real estate situated in said municipality of an assessed value therein not less than five hundred dollars. And the corporate authorities of said municipality of Micanopy, as constituted and existing at the time of the abolishing of said municipality, and the creation of the said municipality of the Town of Micanopy, as by this Act provided, shall continue in and hold their respective offices, and shall be officers of the said municipality of the Town of Micanopy, until the next general election to be held in said town, and until their successors at said election shall be elected and qualified.

Sec. 6. The Mayor and Town Council of the Town of Micanopy, in their respective capacity. are hereby authorized to issue, from time to time, bonds of said town to such amounts and of such denominations. bearing not exceeding six per cent. interest per annum, becoming due

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