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1911

Contracts.

Board of
Public
Works.

ticable after the completion of any such work, by resolution, fix the special assessment per front foot upon the abutting property, or the special assessment against the property drained, filled in, cleaned up, or put into proper condition, as the case may be, at an amount not exceed ing either the actual cost of the work, or the estimated special assessment stated in the ordinance providing for the work.

Any person desiring to contest in any way the validity of any such special assessment or lien shall, within thirty days after the publication or posting of the resolution fixing the special assessment, institute suit to have the enforcement thereof enjoined, or its invalidity legally declared, and no person not so instituting such suit shall thereafter be heard to question the validity thereof or to defend against the enforcement of the lien upon the grounds of its invalidity. Any such special assessment paid within thirty days after the publication or posting of such resolution shall be accepted without interest, and such assessments not so paid within said time shall bear interest from the date of publication or posting of such resolution at the rate of one per cent. per month. The Mayor and City Council may, by ordinance, provide for the payment of such special assessments in installments, and for the collection by enforcement of the liens by attorney or attorneys, after any payment has not been made in compliance with the provisions of such ordinance. The liens for the amounts of such special assessments may be enforced by bill in equity, and any number of liens arising under the provisions of one ordinance may be enforced and by one proceeding in equity. The city shall have and collect a lien upon any properties affected by such special assessments for reasonable attorney's fees for the collection of unpaid special assessments after the collection thereof shall have been entrusted to an attorney by resolution of the City Council.

Sec. 11. The Mayor and City Council may, by ordinance, provide for the election or appointment of a Board of Public Works (who may also be made trustees for bonds issued, with such powers and duties with respect to the bonds and the sales thereof and the use of the proceeds thereof as may be provided by the ordinance) of such number of members, with such terms of office, and

such executive powers and duties and such provisions for and regulation of their execution of trust and duties as may be provided by ordinance, and if such ordinance be submitted to and approved by the electors in the manner in this Act provided for such submission of such ordinance, the board shall thereupon become and be a fixed executive board of the city until such ordinance shall have been in like manner repealed or amended.

tax.

1911

Sec. 12. The Mayor and City Council may, by ordi- Authority to nance, assess property for taxation, fixing the valuation thereof, levy and collect such taxes for ordinary purposes as the City Council may find necessary to properly meet the needs of the city.

stock.

Sec. 13. The Mayor and City Council may, by ordi- Impounding nance, provide for the impounding of hogs, cattle, horses and other live stock, running at large within the corporate limits of said city.

Sec. 14. The Mayor and City Council may, by ordinance, provide for the auditing, annually, by an expert accountant, not connected with the municipal government, of the accounts of such municipal officer handling moneys of the city, and may have the report of such auditing officer published or posted, for the information of taxpayers.

Auditing accounts.

be amended.

Sec. 15. The existing charter and charter provisions Charter may of the City of Trenton may be at any time amended or abolished and repealed, and an entire new charter and charter provisions or amendments of those existing may be adopted and established, fixing and defining as fully and completely as could be done by legislative enactment and powers and duties of the municipality and providing for and regulating the exercise of such powers and duties, or the numbers, powers, duties, terms of office and time and manner of election or appointment of any or all city offices may be amended and changed, by ordinance adopted by the affirmative vote of not less than two-thirds of all the members of the City Council and approved by the Mayor, or passed over his veto, and, at a general or special municipal election approved by the affirmative vote of a majority of the votes cast upon such proposition; Provided, That once each week, for eight weeks next preceding such election such ordinance or ordinances

1911

Proviso.

President of
Council.

Publication

of ordinances.

shall have been published in a newspaper printed in the city, or not less than eight weeks preceding such election, by being posted in at least three public places in said city; and Provided further, That this Act shall not be construed as depriving the City Council under existing legislation of the power to create or abolish by ordinance not so approved by the electors any office not created of recognized in State legislation, or by ordinance approved by the electors. Such new charter or amendment or change of charter provisions shall take and go into effect thirty days after the day of election at which the same shall have been approved by the electors, and no contest of such election and no question as to the validity or reg ularity or sufficiency of the proceeding hereby such charter or amendment or change of charter provisions has been ordained, approved or adopted or put into effect, shall be made or raised collaterally, or in any proceeding instituted more than thirty days after such election, otherwise than by quo warranto proceedings instituted by the Attorney General of the State. The Mayor and City Council of the city, together with the electors thereof, are hereby, in the manner above stated, authorized from time to time, to exercise the most complete local self-government as to all municipal affairs, and are hereby authorized, in the manner above provided, to alter and amend their municipal charter, and to change by increase or by limitation, the powers and duties of the municipality and of its officers, to the same extent that such powers and duties could be changed, extended or limited by act of the Legislature; the only limitation upon such power being that the municipality shall not acquire any rights other than those properly pertaining to local municipal governments.

Sec. 16. In the absence, sickness or disqualification of the Mayor, the President of the City Council as Acting Mayor, shall perform all the duties of the Mayor, and in the absence, sickness or disqualification of both the Mayor and President of the City Council, the President pro tempore of the City Council as may be designated by that body, shall, as Acting Mayor, perform all the duties of the Mayor.

Sec. 17. All ordinances adopted by the City Council and approved by the Mayor, or passed over his veto, shall

be published in a newspaper printed in said city, or posted as may be designated in such ordinances.

Sec. 18. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 19. That this Act shall take effect upon its passage and approval by the Governor.

Approved May 8, 1911.

1911

CHAPTER 6409-(No. 290).

AN ACT Enabling the Town of Umatilla to Impound
Stock of All Kinds.

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

Section 1. That the Town of Umatilla shall have the same authority and right to impound stock of all kinds found running at large in said town the same as cities and towns having over twelve hundred inhabitants, as provided in Section 1105 of the General Statutes of 1906.

Sec. 2. That this Act take effect and be in force from and after its passage and approval by the Governor. Approved May 29, 1911.

CHAPTER 6410-(No. 291).

AN ACT to Abolish the Present Municipal Government of the Town of Welaka, in the County of Putnam, State of Florida, and to Establish, Organize, and Constitute, a Municipality, to be Known and Designated as the Town of Welaka; to Define its Territorial Boundaries; to Provide for its Jurisdiction, Powers, and Privileges, and for the Exercise of Same.

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

Section 1. That the present municipal government of the Town of Welaka, Putnam County, and State of Florida, is hereby abolished.

1911 Incorporation.

Boundaries.

Obligations, contracts,

etc.

Succession.

Corporate authorities.

Clerk and
Treasurer.

Sec. 2. That a municipality to be known and desig nated as the Town of Welaka is hereby established, or ganized, and constituted in the County of Putnam, in the State of Florida, the territorial boundaries of which shall be as follows:

Commencing at the point of intersection of the north boundary of the south half of fractional Section 33, Twp. 11, S. of R. 26 E. with the east bank of the St. Johns River and running from thence east along said north boundary about 120 chains to the NE corner of the SE quarter of Sec. 34, in same Twp. and Range, and from thence south along aforesaid east boundary of Sec. 34 and the east boundary of Sec. 3, Twp. 12, S. of R. 26 E., 117.50 chains to the north boundary of the Triay grant, and from thence west along said north boundary 109 chains to the margin of the St. Johns River, and from thence northerly along the margin of said river to the place of beginning, with the exception of lots 2, 3, 4, and 5, Sec. 33, Twp. 11, R. 26 S. and E, and NE one quarter of SE quarter Twp. 11, R. 26, and SE. (See special Act of Legislature for exception.)

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 enforcible 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 municipality of the Town of Welaka shall pass to, and be vested in, the municipal corporation hereby organized to succeed such municipality.

Sec. 5. That the corporate authorities of said munici pality of Welaka shall be vested in a Mayor, a City Coun cil of five members, a Clerk, Tax Assessor, Tax Collector, Treasurer and Marshal, and such other officers as may be provided for by ordinance.

The offices of Clerk and Treasurer may be held by one and the same person at discretion of the City Council. also the offices of Marshal and Assessor may be held by one and the same person at the discretion of the City Council.

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