1911 Construction of act. Ibid. cities and towns by the general laws of Florida now in force or hereafter to be enacted providing for the gov ernment of cities and towns, not inconsistent with the provisions of this Act; and in all matters of procedure and conduct for the exercise and performance of such powers and duties, the general law of the State relative to municipalities shall govern, except where otherwise especially provided by this Act. Sec. 98. That nothing in this Act shall be so construed as to alter, abolish or in any wise affect or impair any of the powers, jurisdiction or authority of the City of West Palm Beach granted or conferred by Chapter 5866 of the Laws of Florida, Acts of 1907, entitled “An Act to enlarge the territorial limits of the City of West Palm Beach, in Dade County, Florida, and to limit the assessment and collection of taxes upon the lands embraced within the added territory, to provide for the enforcement of ordinances therein, and to extend the police power of the City of West Palm Beach over certain roads leading from the added area to West Palm Beach;" and all the powers, jurisdiction and authority granted to or conferred upon said municipality by said Chapter 5866 in, upon or over the territory therein described are hereby continued and confirmed in and to the said City of West Palm Beach. Sec. 99. That nothing in this Act shall be so construed as to alter, abolish, affect or amend any of the laws of this State now in force, or which may hereafter be enacted, relative to towns and cities of the State incorporated under general law, nor any of the ordinances of the former City of West Palm Beach now in force under the existing municipal government of said City of West Palm Beach, except such as are in conflict with the pro visions of this Act; and all such laws and ordinances are hereby declared to be in full force and effect, and all of the ordinances of said city and all the acts of said munici pality, its officers, employees and agents, under said ordi nances, are hereby declared valid and legal, and are ratified, approved and confirmed. Sec. 100. That all laws and parts of laws in conflict with this Act are hereby repealed. Sec. 101. That this Act shall take effect immediately upon its approval by the Governor. Approved June 3, 1911. 1911 CHAPTER 6412-(No. 293). AN ACT to Amend Section Thirty of Chapter 5368, Laws of Florida, the Same Being An Act to Legalize the Incorporation of the Town of White Springs, in Hamilton County, Florida, to Fix and Define the Boundaries Thereof, to Declare the Incorporation and Ordinances of Said Town Valid and of Full Force and Effect, and to Provide for Its Jurisdiction, Powers and Privileges. Be it Enacted by the Legislature of the State of Florida: Section 1. That Section 30 of Chapter 5368, Laws of Florida, be, and the same is hereby amended so as to read as follows: Council. Sec. 30. That the Council shall have the power to pro- Powers of hibit, by ordinance, and suppress all gambling houses, bawdy houses and disorderly houses, any exhibition, show, circus, parade or amusement contrary to good morals, and all obscene pictures and literature; to regulate, restrain or prevent the carrying on of manufactories dangerous in increasing or producing fires; to regulate the storage of gunpowder, tar, pitch, rosin, saltpeter, guncotton, coal oil and other combustibles, explosives and inflammable materials, and the use of lights, candles, lamps and steam pipes in all stables, shops and other places; to regulate or suppress the sale of and use of firecrackers and all other fireworks, toy pistols, airguns and slingshots; to provide for the arrest, imprisonment and punishment of all vagrants and all riotous and disorderly per sons within the city by day or by night, by warrant or otherwise, and for the punishment of all breakers of the peace, and to disperse all disorderly assemblies on the Sab. bath or secular days; to pass all ordinances necessary to the health, peace and convenience, good order and pro Ibid. 1911 tection of the citizens, and to carry out the full intent and meaning of this Act, and accomplish the objects of this corporation; to impose penalties on the owners, occupants, or agent of any house, walks or sidewalks, or other structures, place or things, which may be dangerous or detrimental to the citizens or their property, unless after due notice the same shall be rectified or removed; to regulate, tax, license or suppress by fine or imprisonment the keeping and going at large of all animals, fowls and domestic birds within the city, to impound the same, and in default of redemption in pursuance of ordinance to sell, kill or otherwise dispose of the same; to provide for the enclosing, improving and regulating of all public grounds belonging to the town, in or out of the corporate limits; to provide for the organization and maintenance of police force, and to impose fines, forfeitures and penalties and terms of imprisonment at hard labor or otherwise for the breach of the town ordinance; to provide for the imprisonment of offenders against the ordinances at hard labor on the street or other work to be designated by ordinance, and to provide ways and means to prevent their escape; to compel owners of buildings to erect fireescapes when necessary for public safety or for the safety of the occupants thereof; to grant rights-of-way through the streets, avenues and public grounds for the purpose of street and other railways; Provided, That nothing in this section shall be so construed as to deprive any abutting owner from recovering any damages that he may incur by reason of granting such right-of-way; to provide for the construction of sewers and drainage, and for keeping them in repairs and to assess the expenses of the property that shall be especially benefited by the improvements in proportion to the amount of such benefits, or upon the abutters in proportion to frontage, and upon all lands drained thereby and which receives the benefit; Provided, The Council may, by ordinance or resolution, provide for the payment of any part of the cost of such work or improvement out of the general tax; the reasonable cost of such construction, improvement or repairs shall be equally assessed against said property, and shall be a lien thereon, and enforced by any suit in any court having jurisdiction; to take and appropriate private grounds and private property in manner and form provided by law for condemnation, for widening streets or parts thereof, or for extending the same, or for laying out new streets, avenues, alleys or squares, parks or promenades when the public convenience may require it and to assess the expenses and cost pro rata for such improvement upon the property specially benefited thereby; to require parties or their agents, owning property within the town to bring the same to a grade of topographical level by filling or excavations as shall be deemed necessary, the town having and exercising the same right of lien and its enforcement, as provided in case of sidewalks, and when said works of excavation or filling in by the town shall be done by the town. Approved June 2, 1911. Ibid. 1911 CHAPTER 6413-(No. 294). AN ACT to Incorporate the Town of Winter Haven, in Polk County, Florida; to Establish a Municipal Government for Said Town, and to Prescribe Its Jurisdic tion and Powers. Be it Enacted by the Legislature of the State of Florida: INCORPORATION AND TERRITORIAL LIMITS. Section 1. That a municipal corporation is hereby created and established in the County of Polk, in the State of Florida, under the corporate name of the Town of Winter Haven, the corporate boundaries of which shall comprise the territory described and bounded as follows, to wit: Begin at the northeast corner of the southwest quarter of the southwest quarter of Section twenty-one (21), run thence west one (1) mile to the northwest corner of the southeast quarter of the southwest quarter of Section twenty (20), thence south one (1) mile to the southwest corner of the northeast quarter of the southwest quarter of Section twenty-nine (29), thence east one (1) mile to the southeast corner of the northwest quarter of the southwest quarter of Section twenty-eight (28), thence north one (1) mile to the point of beginning, all in Township twenty-eight (28) south, of Range twenty-six (26) east 1911 Election Commissioners. GENERAL LAWS. Sec. 2. That said municipality is hereby granted all the powers given to such municipal corporations under the general laws of the State of Florida. CORPORATE AUTHORITY. Sec. 3. The corporate authority of said town shall be vested in a Mayor, a Clerk, who shall also be Assessor of Taxes; a Treasurer, a Town Council, consisting of five members; a Marshal, who shall also be Collector of Taxes, and such other officers as may from time to time be provided for, either by law or by ordinance of said town. The Mayor, Clerk, Assessor of Taxes, Treasurer, Councilmen, Marshal and Collector of Taxes shall be elected by the qualified voters of said town as hereinafter provided. ELECTION. Sec. 4. The first election of municipal officers under this Act shall be held on the third Tuesday in June, A. D. 1911, and all officers elected at said first election shall immediately qualify and hold office until the first day of January, A. D. 1912, except that at said election three Councilmen shall be elected to hold office until the first day of January, A. D. 1913, and two shall be elected to hold office until the first day of January, A. D. 1912; the three receiving the highest number of votes at said election shall hold for the long term, and the two receiving the next highest number of votes shall hold for the short term. The annual elections shall be held on the first Tuesday of December of each year. All officers elected at such annual elections shall hold office for one year from the first day of January following such annual election, but the terms of office of Town Councilmen shall be for two years from the first day of January following their election. Election Commissioners.—At the first election aforesaid W. F. Boyd and C. M. H. Eyclesheimer shall act as Election Commissioners, and shall conduct said election, appoint the inspectors and canvass and declare the result of said election; and Willis E. Smith shall act as Clerk. |