1897. Retroacti ve effect of pro act. entire taxable property therein, and bind said city as aforesaid for the payment of the principal, sum and interest thereon, provided that the said bonds shall not be sold below par, and in contravention of the ordinances authorizing their issue, as to the amount of issue and time of payment. The fact that said bonds are payable in gold coin of the United States and made payable in the city of New York, shall be deemed contractual as between the said city and the holders and purchasers of its bonds, and the said contract for the payment of said bonds as aforesaid is hereby declared valid and binding upon said city in accordance with the wording of said bɔnds. SEC. 3. The provisions of this act shall have retroactive effect, and shall be construed as remedial and curative of any defects or want of power upon the part of the municipality of visions of this the city of St. Augustine to issue the aforesaid bonds, and hereby legalizes their issuance in so far as the Constitution of the State of Florida permits and the Legislature has power. SEC. 4. All laws in conflict with this act are hereby repealed. SEC. 5. This act shall take effect immediately after its passage and approval by the Governor. Approved May 3, 1897. Duties of Tax Assessor of CHAPTER 4638-[No. 124.] AN ACT to Amend Section 31, of Chapter 4496, of the Laws of Be it enacted by the Legislature of the State of Florida: SECTION 1. That Section 31, of Chapter 4496, entitled "An Act to Amend the City Charter of the City of Tampa," be and the same is hereby amended so as to read as follows: Section 31. That it shall be the duty of the Tax Assessor of the city of Tampa between the 1st day of April and the 1st day of July in each year to ascertain by diligent inquiry all city of Tampa. taxable personal property and all taxable real estate in the said city of Tampa and the names of the persons owning same on the first day of April in each year, and to make an assessment of all taxable property. He shall ascertain by personal inspection or diligent inquiry, when not already suf ficiently acquainted therewith, the value of all real estate and affix a value thereon and shall require the owners of personal property to return and value same under oath. 1897. Authorized to administer The Assessor is hereby authorized to administer oaths, and any person or persons refusing to make such oath shall not be permitted afterwards to reduce the the valuation made by oaths. such Assessor for his personal property of that year. SEC. 2. That this act shall take effect immediately upon its approval by the Governor. Approved June 4, 1897. CHAPTER 4639.-[No. 125.] AN ACT to Authorize the City of Orlando to Confer the Offices of Whereas, By a special act embraced in Chapter 3786, of the Acts of 1887, the city of Orlando was empowered to elect Preamble. a Tax Assessor as a separate officer of said city; now, therefore, Be it enacted by the Legislature of the State of Florida: SECTION 1. That the council of the city of Orlando is hereby authorized and empowered to confer at its discretion the several offices of Clerk, Assessor and Treasurer, or any two of them, on any qualified person. SEC. 2. This act shall take effect from its passage and approval. Approved June 3, 1897. Powers of City Council of CHAPTER 4640-[No. 126.] AN ACT to Abolish the Present Municipal Government of Daytona, Volusia County, Florida, and to Organize a City Government for the Same, and to Provide for its Jurisdiction and Powers. Be it enacted by the Legislature of the State of Florida: SECTION 1. That the municipality of Daytona, in the county of Volusia, is hereby abolished. SEC. 2. That the title, rights and ownership of property, uncollected taxes, dues, claims, judgements, decrees and choses in action, held or owned by the municipality of Daytona, shall pass and be vested in the corporation organized to succeed such municipality. Ownership of property, etc., to pass and be vested in the succeeding corporation, 1897. Obligations and contracts not to be impaired. Territorial boundary of municipality. Powers of the corporation. SEC. 3. That no obligation or contract of said municipality shall be impaired by this change, but all such debts and obligations shall be obligatory upon the new municipality. SEC. 4. That a municipality to be called the City of Daytona is hereby established in Volusia county, the territorial boundaries of which shall be as follows: The west limit of said city shall be the east line of Fourth street, as shown by the recorded Hodgeman's plan of Daytona, with the said east line of Fourth street extended on the north to the south line of the G. W. Kingston tract, and on the south to the south line of the Sam Williams' grant. Its south limits shall be the south line of said Samuel Williams' grant, from its intersection of the said south extension of the east line of Fourth street; thence eastward to the Halifax river, and thence on an eastern extension of the south line of the Sam Williams' grant to the center of the main channel of the Halifax river. Its north limit shall be the south line of the said Kingston tract from its intersection with the said north extension of the east line of Fourth street aforesaid, eastwardly to the Halifax river, and thence eastwardly on an extension of the south line of said Kingston tract to the center of the main channel of the Halifax river. Its eastern limit shall be a line drawn along the center of the main channel of the Halifax river, between the eastern extension of the respective south lines of the Kingston tract and Sam Williams". grant to the center of the main channel of the Halifax river. SEC. 5. That said corporation shall have perpetual succession,shall sue and be sued,plead and be impleaded, and may purchase, lease, receive and hold property, real and personal, within said city, and may sell, lease or otherwise dispose of the same for the benefit of the city; and may purchase, lease, receive and hold property, real and personal, beyond the limits of the city, to be used for burial of the dead, for the erection of waterworks, for the establishment of poor houses and houses of correction and detention, hospitals, for public parks and promenades, and for other public purposes that the Mayor and City Council may deem necessary or proper; and may sell, lease or otherwise dispose of said property for the benefit of the city, to the same extent that natural persons may do; said city shall have and use a common seal, and may change the same at pleasure; and within the limitations of this act, shall be obligated and empowered to preserve peace and maintain good order and justice within its borders, and to that end shall have power to establish a city police force and provide a municipal system of revenue and taxation, and ordain the necessary rules for the government of the city. SEC. 6. That the corporate authority of said city shall be vested in a Mayor, a City Council, a Clerk and Assessor, whose duties may be performed by one and the same person; a Treasurer, a Collector and Marshal, and such other officers as may be elected or appointed in the pursuance of law. The duties of the Collector and Marshal may be performed by one and the same person. 1897. Corporate authority, who vested in. Election of SEC. 7. That the Mayor shall be elected by the legal voters of the city at large for the term of one year, and shall Mayor. hold office until his successor is elected and qualified; his compensation shall be fixed by ordinance and shall not exceed four hundred dollars per annum, without perquisites. He and powers of Compensation shall have the power to preserve the peace and to enforce Mayor. good order within the city. He Powers and SEC. 8. That the Mayor shall have jurisdiction for the trial of all offenses against the city ordinances. He shall see that the ordinances of the city are faithfully executed, and the orders of the council duly observed and enforced. shall have power by his warrant to have brought before him any person or persons charged with a violation of the city ordinances. He shall have authority to proceed by summons, as well as warrant, to take bail for appearance of the accused, to issue warrants for the arrest of the accused when at large, on bail, or under summons whenever his absconding is imminent; to proceed against the owners, known or unknown, of impounded animals, whether resident within or without the corporation limits, by a summary advertisement of the pendency of the impoundment published in some newspaper of the municipality or county, five days before adjudication, and at adjudication to order the sale of such animal or animals, upon posting at three public places within the corporation three days prior to sale, notice thereof, to cover costs of court and sale, expense of keeping and fine for infraction of ordi nance. He shall have power to require the attendance of witnesses for the city and for the accused; to administer oaths; to take affidavits, and to inquire into the truth or falsity of all charges preferred; to decide upon the guilt or innocence of the accused, and to fix and enforce by penalty the sentence prescribed according to law; to release persons convicted by him, by mandate in writing to the marshal or any policeman; to have and exercise all the powers incident and usual to the due enforcement of his jurisdiction. authority of Mayor. Ibid. Appeals from the judgment and sentence of the Mayor shall be taken in the time and manner prescribed by law. He Appeal from shall keep record of his official acts, substantially setting forth judgment of Mayor. the charges preferred against parties brought before him by 1897. Suspension of officers by Mayor. General super- officers by Ordinances of Removal of officer by City Council. Term of City warrant or otherwise, and of the judgement rendered in each and every case, and he may require the clerk to make and preserve such record by regular minutes; he may appoint and discharge special policemen and detectives, subject to the approval of the City Council at their next regular meeting. SEC. 9. That the Mayor shall have power to suspend any officer of the city except councilmen, for misconduct in office or neglect of duty, reporting his action in writing with the reasons therefor, to the next regular meeting of the council for its approval or disapproval. SEC. 10. That the Mayor shall have general supervision over all city officers, and may examine into the condition of the offices, the books, the records and papers thereof and therein, and the manner of conducting official business. He shall report to the City Council all violations or neglect of duty on the part of any city official that may come to his knowledge. SEC. 11. That every ordinance passed by the City Council, before becoming a law, shall be presented to the Mayor under certificate and seal of the Clerk. It the Mayor approve the same, he shall sign it and return it to the Clerk, but if he shall not approve it and sign it, he shall return it to the Clerk with his objections in writing, at or before the next regular meeting of the council for reconsideration; and if the City Council shall pass the ordinance by a two-thirds vote of all its members, it shall go into effect. If he shall fail to return any ordinance or shall return the same unsigned without objections in writing, at or before the next regular meeting of the council after its passage, he shall be deemed to have approved the same, and it shall become a law without his sig nature. SEC. 12. That the Mayor shall communicate from time to time to the City Council such information and recommend such measures touching the public service as he may deem proper, and shall perform such other duties as the ordinances may prescribe. SEC. 13. That any officer of the city may be removed by the City Council for misfeasance, malfeasance or nonfeasance in office, and for drunkenness or habitual intoxication, by an affirmative vote of two-thirds of all the members of the City Council upon written charges. SEC. 14. That the City Council shall be composed of seven (7) councilmen, who shall be elected for a term of two years, except as hereinafter provided. The members of the City Council, as soon after the election as practicable, not exceeding five days, shall assemble and elect one of their number President of the City Council, and one President pro tem |