1911 Assessments. Succession. Ordinances. 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shall thereupon become and be a fixed executive board of the city, until such ordinance shall have been in like manner repealed or amended. Sec. 11. The said Town of Welaka shall have the right to make its own assessment of the value of the property, both real and personal, subject to tax, and place a license tax upon such business, trades, profes sions or occupations, and of such amount as may, by ordinance be provided. Sec. 12. That all ordinances, rules, and resolutions adopted and passed and in existence under the munici pality of the Town of Welaka shall be of the same force, effect, and validity in the new municipality of the Town of Welaka as the same were entitled to in the munici pality herein abolished, until the same shall be amended or repealed, hereby transferring to the Town of Welaka the laws, resolutions, and rules of the abolished Town of Welaka. Sec. 13. All ordinances adopted by the City Council and approved by the Mayor, or passed over his veto by two-thirds of all the members of the City Council, shall be published in a newspaper printed in said town or posted as may be designated in such ordinance. Sec. 14. That all laws and parts of laws in so far as they relate to the provisions of this Act, be, and the same are hereby, repealed. Sec. 15. That this Act shall take effect upon its passage and approval by the Governor. Approved June 6, 1911. CHAPTER 6411-(No. 292). AN ACT to Abolish the Present Municipal Government of the City of West Palm Beach, in Palm Beach County, Florida; to Legalize and Validate the Ordinances of Said City of West Palm Beach and Official Acts Thereunder; to Create and Establish a New Municipality to be Known as the City of West Palm Beach, in Palm Beach County, Florida; and to Fix and Provide its Territorial Limits, Jurisdiction and Powers, and the Jurisdiction and Powers of its Officers. Be it Enacted by the Legislature of the State of Florida: 1911 Section 1. That the municipal corporation now existing and known as the City of West Palm Beach, in Palm Beach County, Florida, be, and the same is hereby, abolished, and a new municipality to be known as the City of West Palm Beach, in Palm Beach County, Florida, is hereby created, and established to succeed such former municipality of the City of West Palm Beach. The City Territory. of West Palm Beach hereby created and established shall embrace and include all that territory in Palm Beach County, Florida, described as follows, to wit: All of Section twenty-one (21), and all that portion of Section twenty-two (22) lying west of the center of the channel of Lake Worth, all in Township forty-three (43) south of Range forty-three (43) east. Sec. 2. That the title, rights and ownership of prop- Succession. erty, uncollected taxes, dues, claims, judgments, decrees and choses in action, held or owned by the municipality of the City of West Palm Beach, shall pass to and be vested in the municipal corporation hereby created and established to succeed such municipality. Sec. 3. That the ordinances of the former City of OrdiWest Palm Beach shall be and remain the ordinances of nances. the City of West Palm Beach hereby organized and estab lished, until altered, amended, modified or repealed by the City Council of the City of West Palm Beach hereby created and established. 1911 Govern ment and corporate authority. Mayor. Jurisdic tion of Mayor. Ibid. Trial by jury. Sec. 4. That the government and the corporate authority of said city shall be vested in a Mayor, a City Council, a Marshal, a Clerk, a Treasurer, a Board of Assessors, and a Tax Collector, and such other officers as may be elected or appointed in pursuance of law and the ordinances of said city. The offices of Clerk and Treasurer, or of Marshal and Tax Collector, may be held by one person, as the City Council may by ordinance prescribe. Sec. 5. That the Mayor shall have full power to preserve the peace and enforce good order within the city. He shall see that the ordinances of the city are faithfully executed, and the orders of the City Council duly observed and enforced. Sec. 6. That the Mayor shall have jurisdiction for the trial and determination of all offenses against the city ordinances. He shall have power by his warrant to have brought before him any person, persons or corporation charged with a violation of any city ordinance, and to take bail for the appearance of the accused. Sec. 7. That the Mayor shall have power to require the attendance of witnesses for the city and for the accused; to administer oaths; to inquire into the truth or falsity of all charges preferred; to decide upon the guilt or innocence of the accused; to fix and enforce by penalty the sentence prescribed according to law; to suspend sentence; to release persons convicted by or before him by mandate in writing to the Marshal or any policeman; and to have all the powers incident and usual to the due enforcement of his jurisdiction. Sec. 8. That any person accused of the violation of any city ordinance shall have the right of trial by jury of six of his peers, who shall be registered and qualified voters of the City of West Palm Beach; Provided, That the accused make a demand for a trial by jury at or before the time of his arraignment. The procedure established by law in regard to the selection, challenging, empanneling and swearing of jurors in courts of justices of the peace shall be followed in the Mayor's Court of the City of West Palm Beach. The compensation of jurors shall be the same as is now or shall be hereafter fixed for jurors in courts of justices of the peace; in case of conviction, it shall be paid by the accused, and in case of acquittal by the city. Sec. 9. That an appeal from the judgment and sen tence of the Mayor's Court may be taken in the time and manner prescribed by law. The Mayor shall keep or cause to be kept a record of his official acts as judge of the Mayor's Court substantially setting forth the charges preferred against persons or corporations brought before him and of the judgment rendered in each case, and he may require the Clerk to make and preserve such record by regular minutes. 1911 Appeal from Mayor's Court. of officer. Sec. 10. That the Mayor shall have power to suspend Suspension any officer of the city, except Councilmen, for misconduct in office or neglect of duty, and shall, in case of such suspension, report his action in writing with the reason therefor to the next regular meeting of the City Council for its approval or disapproval. If the Council shall approve of the suspension made by the Mayor, it shall prefer charges against the officer suspended and he shall be tried as prescribed in Section 52. If the City Council shall disapprove of said suspension, the officer shall thereupon be reinstated. Sec. 11. That the Mayor shall have general supervision over all city officers, and may examine into the condition of their offices, the books, records and papers thereof, and the manner of conducting their official business. He shall report to the City Council any misfeasance, malfeasance or nonfeasance in office, or neglect of duty or improper conduct on the part of any city official that may come to his knowledge. Supervision of officers. Mayor over Council. Sec. 12. That the Mayor may, whenever in his judg- Call meetment the welfare of the city requires it, call special meetings of ings of the City Council, and when so called, he shall state by message in writing the object or objects for which it shall have been convened, and the business of such meeting shall be restricted to the object or objects so stated. Recommen Mayor. Sec. 13. That the Mayor shall communicate from time to time in writing to the City Council such information, dations of and recommend such measures touching the public service and public interests, as he may deem proper. 1911 President of Council. Duty of In the event of death or absence of Marshal. Powers of Violations of ordinances. Sec. 14. That in the event of the death, absence, dis ability or disqualification of the Mayor, the President of the City Council shall discharge the duties of Mayor; and in the event of the death, absence, disability or dis qualification of the President of the City Council, the President pro tempore of the City Council shall discharge the duties of the Mayor. Sec. 15. That it shall be the duty of the Marshal to attend all regular and special meetings of the City Council; to aid in the enforcement of order under the direction of the presiding officer; to execute the commands of the City Council from time to time, as well as of the Mayor, in the line of his duty, and to execute all process issued by authority of the City Council, Mayor or Clerk; to attend the Mayor's Court during its sittings and to execute its commands; to aid in the enforcement of order therein under direction of the Mayor, and to perform such other duties as may be appropriate to his office under the provisions of law or ordinance. He shall have supervision of the police force, subject to the commands of the City Council, and shall have police powers of arrest. Sec. 16. That in the event of the death, absence, disability or disqualification of the Marshal, the City Council shall designate some police officer who shall act as Marshal until another Marshal is appointed or elected, or the disability or disqualification is removed. Such acting Marshal may be required to give bond in the same sum as the Marshal, or may be permitted to serve not longer than one week without bond, in the discretion of the City Council. Sec. 17. That the Marshal shall have power and authority to immediately arrest, with or without warrant, and take into custody, any person or persons, who shall commit, threaten or attempt to commit in his presence or within his view, any offense prohibited by ordinance of the city; and he 'shall, without unnecessary delay, upon making such arrest, convey the offender or offenders before the Mayor's Court to be dealt with according to law. Sec. 18. That when knowledge of the violation of any city ordinance, not committed in his presence, shall come to said Marshal, he shall at once make affidavit before the Mayor or Clerk against the person charged with the |