ing the bonds and the amount proposed to be issued, then and in that event it shall be lawful for them to be issued, otherwise not. (n) SEC. 26. It is hereby made the duty of the city council to Tax for bonds. assess and collect such taxes from the citizens, and upon the property within the city, as is necessary for the payment of the interest upon, as well as the final payment of said bonds: Provided, however, That all property shall be taxed upon the Proviso. principle established by State taxation. (0) SEC. 27. The city or town council shall have power to pro- Public schools vide for the support of the poor, the infirm, and the insane, the poor. and support of and to establish public schools, and to provide for their maintenance. (0) rooms, billiard tres, &c. license tax. Power as to ve SEC. 28. The city or town council shall have power to regu- Power as to late and restrain all tippling, bar-rooms, and all places where tippling, barbeer, wine, or spirituous liquor of any kind is sold at retail, or saloons, theato be drank upon the premises where sold, billiard saloons, ten-pin alleys, theatres or public halls, and all places used for public exhibitions, games, or amusements of any kind, and taverns, hotels and other houses for public entertainment; to require all such places to be kept and used subject to such reasonable regulations as the council may prescribe; to require License and all keepers of such places to procure from the city or town a license for keeping the same, under such pains, penalties and forfeitures as the council may prescribe, and to require the payment of such license tax for said license in addition to any tax or assessment which may be levied upon the said places or property therein, for the purpose of revenue, as the council may deem proper. The city or town council shall also have power to regulate the use of all carts, drays, wagons, hacks, hicles and omnibuses, hand-carts, and every description of vehicles which livery stables. may be kept for hire, and all livery stables, and to require the License and same to be licensed and the conveyances or horses numbered; to suppress and prohibit all houses of ill-fame, lotteries and Powers as to all games or devices in the nature of lotteries, gambling and houses of illgaming houses, and to authorize the destruction of all instru- ling, &c. ments or devices used for lotteries, or for the purpose of gaming; to regulate or prohibit the keeping in the corporate lim- Regulation and its of the city or town, or the running at large within the said prohibition of keeping or perlimits, of horses, cattle, swine, sheep, goats, geese and other mitting horses animals, and to impound the same and hold the same, and on mals and geese notice to the owners, to authorize the sale of the same or any to run at large. Impounding portion thereof for the penalty imposed by any ordinance, and and sale. the costs, fees and expenses of the proceeding; to license and to regulate the running at large of dogs, and to authorize the Dogs. killing of the same when running at large contrary to the provisions of any ordinances to that effect. (p) SEC. 29. The city or town council shall have power to raise (n) Sec. 7. Chap. 3024, Act of March 8, 1877. (p) Sec. 1, Chap. 3163, (0) Secs. 20 and 21, Chap. 1888, Act of Aug. 8, 1869. Act of March 4, 1879. numbers. fame, gamb and other ani Taxes-how assessed. 15 Fla., 355. Valuation of property. Taxation. Bond tax. by tax and assessment upon all real and personal property, and by license on all professions, business and occupations carried on within the corporation, all sums of money which may be required for the improvement and good government of the city, and for carrying out the power and duties herein granted and imposed; and to enforce the receipt and collection of the same in the manner now provided by the laws of the State for the assessment and collection of State taxes and licenses. (q) SEC. 30. The valuation of property, as made by the officers of this State in each year for the purpose of taxation, shall be adopted by all municipal governments as the true valuation of the property within their respective corporations, and the total taxes levied upon property by any municipal corporation, in any one year, shall not exceed one per cent. upon such State valuation, but this provision is not to be so construed as to prevent the said corporation from levying sufficient tax to meet the payment of interest on its outstanding bonds, and to provide for the payment of the principal thereof when the same shall become due. That it shall not be lawful for the governAppropriations. ment of any city or town to make appropriations, in any one year, for a greater amount than is allowed to be collected by taxation; and it shall not be lawful for any officer of a municipal government to issue a warrant on the treasurer except in payment of an appropriation. Warrant on treasurer. Treasurer, Collector. (r) SEC. 31. The city or town council shall have the power to Assessor and provide for the election, by the qualified voters of the city or town, of a treasurer, assessor and collector of city or town taxes, and such other executive officers as the council may deem expedient, who shall continue in office for one year, or until their successors are elected and qualified: Provided, however, That it shall be lawful for the city council of any city or town to confer upon any qualified person the two offices of marshal and collector of taxes or the two offices of clerk and treasurer. (8) Procedure in SEC. 32. The tax collector of any city or incorporated town collecting and shall proceed substantially in the same manner, in the collection of taxes and sale of lands for the non-payment of taxes, as collectors of revenue. (t) selling. Advertisement of sales. SEC. 33. The tax collector of any city or incorporated town, if there be no newspaper published within the said city or town, shall advertise the sale of any lands levied on for taxes by three written notices posted in three public places in said city or town. Said collector shall have and receive for writing and posting said notices the sum of twenty-five cents. (t) SEC. 34. It shall be the duty of the mayor to see that the ordinances of the city or town council are faithfully executed; (g) Chap. 2045, Act of Feb. 27, 1875, as amended by Sec. 8, Chap. 3024, Act of March 8, 1877. (r) Sec. 8, Chap. 3024, Act of March 8, (8) Sec. 24, Chap. 1688, Act of Aug. 8, 1869. (t) Secs. 1 and 2, Chap. 2079, Act of Feb. 28, 1877. Police force. and he is hereby authorized, with the consent of the council, to organize and appoint such police force as may be deemed necessary to insure peace, good order and observance of law within the municipal limits, the compensation of the said police to be fixed and regulated by the city or town council; and the said mayor is further authorized and empowered by his mandate directed to the city or town marshal to have brought before him, at such time and place within the corporate limits as Trial for breach he may designate, any person or persons charged with a breach of ordinances. of the city or town ordinances, and he is authorized to require the attendance of witnesses, to administer oaths, to inquire and examine into the truth or falsity of such charge, to determine from the evidence the guilt or innocence of the accused, and fix the penalty within the limits prescribed by this chapter, and to enforce the same. (u) Courts to SEC. 35. In all cases which may arise under any of the laws Right of appeal and ordinances of any municipal corporation in the State of from Municipal Florida, where any party shall be dissatisfied with any judg- Circuit Court. ment, sentence, penalty or decision, or by imprisonment, by the mayor, intendent, city council or other officer or officers of said corporation, he, she or they shall have the right of appeal, writ of error or writ of certiorari from the same to the Circuit Court of the judicial circuit in which said corporation is sit-Cause to be uated, where the cause shall be tried de novo upon its merits tried de novo. and justice done therein. (v) 17 Fla., 93. and file bond. SEC. 36. The party appealing shall pay all costs which may Party appealing have accrued before the mayor, intendent, city council or other to pay costs officer or officers of said corporation within five days after the rendition of such judgment, sentence penalty or decision, and file a bond, to be approved by the Clerk of the Circuit Court of the county in which said case may arise, said bond to be filed in the office of said clerk, conditioned for the payment of the final judgment and the costs which may accrue in the said Circuit Court if the judgment, sentence, penalty or decision of the mayor, intendent, city council or other officer or officers of said corporation shall be affirmed. (v) Circuit Court. SEC. 37. If the Circuit Court on appeal shall reverse or set Proceedings on aside the proceedings, judgment, sentence, penalty or decision the reversal of sentence, judgof the mayor, intendent, city council or other officer or officers ment, &c., by of the said corporation, the party appealing shall recover all his costs by him expended, either in the Circuit Court or before the officers of said corporation, to be paid out of the treasury of said corporation. (v) SEC. 38. In all cases where the party appealing shall pay all his costs, and give bond according to the provisions of section Supersedeas. thirty-six of this chapter, it shall operate as a supersedeas and suspension of all further proceedings by the said corporation or its officers until the cause shall be finally determined by the said Circuit Court. (v) (w) Sec. 25, Chap. 1688, Act of Feb. 4, 1869. (v) Secs. 1, 2, 3 and 4, Chap. 1262, Act of Dec. 6, 1861. Rules in regard SEC. 39. In so far as the rules and regulations prescribed by to appeals, &c. law for taking and prosecuting appeals, writs of error and certiorari from the Justices of the Peace to the Circuit Courts are applicable and not inconsistent with this law, the same shall be observed in the taking of appeals, writs of error and certiorari from the said mayor, intendent, city council or other officer or officers of said corporation to the Circuit Court. (w) Docket. Records and SEC. 40. There shall be kept a docket book, in which shall be recorded every case tried, with the judgment rendered therein. (x) SEC. 41. It shall be the duty of the city or town council to promulgation keep or cause to be kept a regular record of their proceedings of ordinances. and ordinances, and they shall promulgate without unnecessary delay all laws and ordinances which they may enact by posting the same at the door of the city or town hall, and at the public market place, or by publishing the same in any newspaper in said city or town, in either case for a period of not less than four weeks. (x) Pay of officers. Contraction of territorial limits. SEC. 42. The city or town council shall have power to regulate and fix the compensation of the several municipal officers. (x) SEC. 43. If any incorporated city or town shall desire to contract its territorial limits by excluding from its corporate limits and jurisdiction any portion of its incorporated territory, it shall be lawful so to do in the following manner: The city council of such city or town, by ordinance duly passed and approved according to law, shall declare its desire to exclude such district, describing the same by metes and bounds, and shall call an election of the registered voters of the district to be so excluded, and an election of the registered voters of the remaining district of the said city or town, to approve or disapprove of the said ordinance. Each election shall be held separately in the respective districts, but upon the same day; and thirty days' public notice shall be given of the time, purpose and place of said election, by proclamation issued by the mayor, which proclamation shall contain a copy of said ordinance. If two-thirds of the registered voters actually voting in each shall approve of such ordinance, the council shall thereupon, by ordinance, declare the new limits of the city or town, excluding therefrom the portion so excluded, and cause the said ordinance, together with the previous ordinances aforesaid, the mayor's proclamation as aforesaid and a certificate of the result of such election, to be recorded in the records of the council, and also in the clerk's office of the county where such city or town is situated. Whenever any portion of any city or town is excluded as aforesaid, such portion and the citizens thereof shall be thereby forever released from all debts, duties or liabilities of the said city or town; and all public property, both real and personal, whether situated in (w) Sec. 5, Chap. 1262, Act of Dec. 6, 1861. (a) Secs. 26, 27 and 28, Chap. 1688, Act of Feb. 4, 1869. the district so excluded or in the remaining district, and all rights and franchises belonging to such city or town at the time of exclusion, shall remain and be the property of such city or town. (y) Extension of SEC. 44. If any incorporated city or town shall desire to change its territorial limits by the annexation of any unincor- territorial porated tract of land lying contiguous thereto and within the limits. same county, it shall be lawful so to do in the following manner: If such tract contains less than ten registered voters, the council of said city or town shall, by ordinance duly passed and approved as provided by law, declare its intention to annex such tract of land to said city or town at the expiration of thirty days from the approval of said ordinance, which said ordinance shall thereupon be published once a week for four consecutive weeks in some newspaper published in such city or town; or if no newspaper is published in said city or town, then at least three printed copies of said ordinance shall be posted for four consecutive weeks at some conspicuous place in the said city or town, and three copies in like manner in the district to be annexed. If at any time before the expiration of the thirty days, any ten registered voters of the said city or town, or any two owners of real estate in the district so proposed to be annexed, shall object to such annexation, they may apply by petition to the Circuit Court in and for the county in which said city or town is situated, setting forth in said petition the proposed proceedings of the said city or town, and the grounds of their objections thereto; whereupon the said Circuit Court shall order notice of said application to be served upon the mayor of said city or town, and appoint a day for the hearing of the said application; and all further action in the premises by the said city or town shall thereupon be stayed until the further order of the said court. If upon the hearing of the said application the said court shall sustain the said objections, the said tract of land shall not be annexed; otherwise the said application shall be dismissed and the said tract of land shall be annexed to the said city or town. Such petition may be heard and determined by said court either in term time or in vacation, and questions of fact may be determined by such court without a jury, but each party may demand a jury if they so desire. If no objection is filed as aforesaid within the said thirty days, the said city or town may proceed by ordinance to annex the said tract of land and to re-define the boundary lines of the said city or town so as to include therein the said tract of land. If the tract of land so proposed to be annexed contains ten or more registered voters, the ordinance proposing to annex said tract of land shall be submitted to a separate vote of the registered voters of the said city or town and (y) Sec. 2, Chap. 3163, Act of March 4, 1879, amendatory of the 29th Sec. of Chap. 1688, as amended by Chap. 3025, Act of March 2, 1877. Chap. 3025 was approved |