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from the proceeds of the sale of improvement bonds shall be subject to the supervision of the Board of Bond Trustees.

2nd. And may, within or without the limits of the Ibid. city, do any act, exercise any power and render any service which contributes to the general welfare; prescribe limits within which business, occupations and practices liable to be nuisances or detrimental to the health, security or general welfare of the people, may lawfully be established, conducted or maintained; and to pass ordinances superseding or repealing existing laws, licensing, regulating or prohibiting baseball playing or similar amusements, within the limits of the city.

1911

Sec. 19. That for the purpose of promoting its trade Exemptions. and manufactures, the City of Pensacola is hereby empowered, subject to such terms, conditions and classifications as may be determined by ordinance, to exempt from municipal taxation property owned, and used, by any new factory or manufacturing establishment which may be induced by such exemption to locate and engage in manufacturing in said city during the time only that the property is so owned and used, but in no case shall any such exemption extend over the period of ten (10) years, nor discriminate as between manufacturing enterprises of the same kind now existing, or which may be established hereafter.

Sec. 20. The Board of Public Works of said city, subject to ordinances of the city, shall have supervision of, and direct the heads of, the following departments: Engineering Department, Street Department, Plumbing Department and Building Department, and the parks and public places and public utilities.

All of the departments of the Board of Public Works shall co-operate, and the employees and assistants of any one department may be utilized by any other department, under the order of the board, and all questions as to distribution of powers between the departments, under the charter and ordinances, shall be settled by the board, and its determination shall be final, unless otherwise ordered by the council.

Board of works.

Public

Sec. 21. The City of Pensacola in taking an appeal Appeal any judicial proceedings shall give bond as is required.

bond.

1911

Surety on bond.

by law, but is hereby released from the obligation to furnish security therefor. All such bonds shall be executed by the Mayor, and shall be taken in all courts as a full compliance with the law in such case, and all laws inconsistent with this provision are hereby repealed.

Sec. 22. The City of Pensacola is hereby empowered to accept as surety upon any bond required of any of its officers, agents, contractors, trustees or depository for public funds, any surety company which is authorized by law to transact such surety business in this State.

Sec. 23. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 24. That this Act shall take effect immediately upon its passage and approval by the Governor. Approved June 3, 1911.

Shade Tree Commission.

CHAPTER 6387-(No. 268).

"AN ACT to Provide for the Planting, Protection and Care of Shade Trees on the Streets and Highways of the City of Pensacola, and for the Appointment of a Shade Tree Commission, and for Raising Money for Such Purposes, and Creating Liens on Property Benefited by the Planting of Such Trees."

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

Section 1. That there shall be appointed by the Mayor, subject to confirmation by the Council of the City of Pensacola, a Shade Tree Commission to consist of three persons, who shall be tax payers, property owners and registered voters of said city, who shall serve without compen sation, and who shall have exclusive and absolute power to plant, set out, maintain, protect, care for or cause same to be done, and to authorize the cutting down, lopping and trimming of all shade trees in the public streets and highways of the city.

One of said Commissioners shall be appointed for a term of two years, another for a term of four years, and

another for a term of six years, and at the expiration of said respective terms of said officials, successors shall be appointed for the term of six years.

Vacancies in any of said offices from any cause during the term, shall be filled for the unexpired term only.

Sec. 2. Whenever said Commissioners shall propose to make any such improvements as setting out or planting any shade trees, or changing the same in any street or highway, they shall give notice of such contemplated improvement specifying in a general way the streets or highways or portions thereof upon which it is proposed to plant, set out, or change shade trees, by publication in one of the newspapers published in said city, once a week for two weeks prior to any meeting in which they shall officially determine to make such improvements.

Sec. 3. That the cost of planting, setting out, transplanting or changing any trees in the highway, or street, and of boxes or guards for the protection thereof, when necessary, shall be borne by the real estate in front of, or against which such trees are planted, set out, transplanted or changed and the cost thereof as to each tract or parcel of real estate shall be ascertained by the Commissioners after ten days' notice to the owner or occupant, or if the owner be unknown and the property unoccupied, then by posting such notice upon the parcel of real estate, and certified by them to the person having charge of the collection of taxes for said city, and upon the filing of such certificate the amount so certified shall be and become a lien prior to all others upon the land in front of or against which such trees were planted, set out, transplanted or changed, and said collecting officer shall collect the amount so certified and the same shall be collectable in the same manner as other taxes against said property are collected.

Sec. 4. A fund shall be created each year by the city out of its revenue and set aside in its annual budget for the purpose of caring for said trees after being planted or set out and of paying all expense of publishing said notices and other legitimate expenses of the Commission.

Sec. 5. All expenses and fees of officers, including reasonable attorney's fees, for the collecting of the assessments provided for in Section 3, shall be borne by the

[blocks in formation]

1911

Application of act.

property assessed. Said board shall select one of their number Chairman and another Secretary. All notices given shall be signed by the Chairman and attested by the Secretary.

Sec. 6. This Act shall not apply to the public parks and squares of said city, but only to the streets and other highways thereof.

Approved May 11, 1911.

Territory.

Corporate privileges.

Proviso.

CHAPTER 6388-(No. 269).

AN ACT to Provide a Municipal Government for the
Town of Pinetta in the County of Madison, State of
Florida.

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

Section 1. That a municipal corporation is hereby created and established in the County of Madison, State of Florida, under the corporate name of Pinetta and it shall comprise the following described territory, to wit:

Beginning at the center of section five, township two north range ten east, and from said point run west to the center of section six, then run south to center of section seven, then running east to center of section eight, then running north to starting point to center of section five, embracing the southwest quarter of section five. the southeast quarter of section six, the northeast quarter of section seven and the northwest quarter of section eight. township two north range ten east being one mile square.

Sec. 2. That said municipality may sue and be sued, plead and be impleaded, to fix the valuation of real and personal property within the limits of said town for purposes of taxation, to fix and collect a license or occupa tion tax upon any and all lines of business, professions or occupations carried on or conducted within said prescribed limits; Provided, That such license or occupation tax shall not exceed fifty per cent of the amount to be collected for the State tax for such business or occupation, and to do all things usually incident to Municipal cor

porations. Said town shall adopt and use a common seal, and may change it at pleasure.

1911

authority.

Sec. 3. That the corporate authority of said town, shall Corporate be vested in a Mayor, Marshal, Clerk, Tax Collector, Tax Assessor, Treasurer and Town Council, and such other officers as may be from time to time provided for by law and ordinance. The Town Council shall consist of five members. The offices of Marshal and Tax Collector may be held by one and the same person. The offices of Clerk. Treasurer and Assessor may be held by one and the same person. All of the officers of the said town shall be registered or qualified voters of said town; Provided, That the office of Marshal may be held by a person other than a qualified voter.

Sec. 4. That an election shall be held on the first Tues- Elections. day of September, A. D. 1911, and each and every year thereafter for the purpose of electing all town officers that have to be elected under the terms of this Act, and such officers, except as hereinafter prescribed shall hold office for one year, or until their successors are elected and qualified. Such election shall be held during the hours and in the manner prescribed by general law for the holding of general elections, and no one shall be qualified to vote at such election except persons who are qualified to vote under the general law governing elections, and who shall at the time of offering to vote be a bona fide resident within the territorial limits of said town for a period of six months prior thereto. That the persons receiving the highest number of votes for the offices of Mayor, Clerk, Marshal, Tax Collector and Tax Assessor at the first election hereunder shall be declared elected; that the three persons receiving the highest number of votes for Councilmen at such election shall be declared elected and shall hold office for two years, and the two persons, who receive the next highest number of votes shall be declared elected and shall hold office for the period of one year and at the expiration of the terms of office of such Councilmen their successors from time to time shall be elected for two years. Members of the Town Council shall hold no other office either elective or appointive under the Town Government.

tion.

Sec. 5. The officers of said town shall receive such com- Compensapensation as shall be fixed by ordinance.

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