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1907

Incorporation.

Officers.

Marshal.

Proviso.

Power of Council to pass ordinances.

CHAPTER 5863-(No. 268).

AN ACT to Incorporate the Town of Vernon, in Washington County, Florida, and Provide for the Election of Its Municipal Officers.

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

Section 1. That the Town of Vernon, in Washington County, Florida, is hereby incorporated and declared to be a municipal corporation under the name of the Town of Vernon, with territorial corporate limits as follows:

All of Section Thirty-five in Township Three, North of Range Fifteen West, lying South of Holmes River, in Washington County, Florida.

Sec. 2. That the officers of said municipality shall consist of a Mayor, a Clerk who may also be Treasurer, a Tax Assessor who may also be Tax Collector and five Councilmen, all of whom shall be resident male inhabitants of said town over the age of twenty-one years and whose terms of office shall be two years and until their successors are duly elected and qualified. That all of said officers except the Mayor and Councilmen shall give such bond as the Town Council may require, conditioned for the faithful performance of their duties.

Sec. 3. That there shall also be a Town Marshal, who shall be employed by the Town Council during the pleasure of the Council, who shall be a male person over the age of twenty-one and under the age of fifty-five years, whose duties, compensation and bond shall be fixed by the Coun cil; Provided, that the Council may require the Marshal to be Tax Collector of the town, in which case no election shall be held for Tax Collector.

Sec. 4. The Council, with the approval of the Mayor, shall have the right to ordain such ordinances for the good government, peace, order and health of the town as they may deem proper; Provided, such ordinances shall not conflict with the Constitutions of the United States and of Florida and the laws of this State.

Sec. 5. That within any time after this act becomes a law the male inhabitants of said town over the age of twenty-one years, or a majority of them, shall assemble in mass meeting and organize by electing a chairman and secretary, and shall call an election for the purpose of electing the municipal officers hereby provided for, which election shall be held at a date not less than twenty days from said meeting, and also elect three inspectors to act as managers of said election. The chairman and secretary of the meeting shall immediately after the calling of such election give notice of the same by posting written notices thereof in at least four different places in said corporate limits. Said election shall be held and conducted as near as practicable under the general laws of this State governing elections.

1907

Election.

' elections.

Sec. 6. That after the first election hereby provided for, Biennial all subsequent elections shall be held biennially on the first Tuesday in the month on which said first election is held, and shall be conducted in the manner provided by law for holding such elections.

tions, oath,

cers.

Sec. 7. That the persons receiving a majority of the votes Qualificalegally cast for the respective municipal officers shall be etc. of offisuch officers until the next biennial election and until their successors are duly elected and qualified, and they shall immediately after their election take the oath of office and qualify as now provided by general law for the government of municipal corporations, and enter upon the discharge of the duties of their respective offices.

powers.

Sec. 8. That in addition to the powers hereby conferred. Additional said municipality shall have all the powers, rights and privileges, and perform all the duties now conferred and enjoyed, or that may hereafter be conferred upon cities and towns by the laws of the State.

Sec. 9. That this act shall take effect upon approval by the Governor.

Approved May 21, 1907.

1907

Abolishment.

Succession.

Obligations,

etc.

Territorial

CHAPTER 5864-(No. 269).

AN ACT to Abolish the Present Municipal Government of the Town of Wauchula, DeSoto County, Florida, and Organize a City Government for the Same, and to Provide its Jurisdiction and Powers.

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

ARTICLE I.

Section 1. That the municipal corporation of the town of Wauchula, in the County of DeSoto, is hereby abolished, and all acts and portions of acts inconsistent with the provisions of this act are hereby repealed, subject to Sections 3 and 4, Article 14 of this act.

Sec. 2. That the title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action, held or owned by the Town of Wauchula, shall pass to and be vested in the corporation organized to succeed said town.

Sec. 3. That no obligation or contract of said town shall be impaired by this change, but all debts and obligations of said town shall continue unimpaired.

ARTICLE II.

Section 1. That a municipality to be called the City of boundaries. Wauchula is hereby established in DeSoto County, the territorial boundaries of which shall be as follows, viz.: Beginning at the northeast corner of the northwest quarter of Section Three (3) in Township Thirty-four (34) south of Range Twenty-five (25) east, running thence west along the Township line one mile and a quarter to the northwest corner of the northeast quarter of the northwest quarter of Section Four (4) of said Township Thirty-four (34) and Range Twenty-five (25), running thence southward one mile and a half to the southwest corner of the southeast quarter of the northwest quarter of Section Nine (9) in said Township and Range, running thence eastward one mile and a quarter, to the center of Section Ten (10), said Township and Range, and running thence northward one

mile and a half to point of beginning, which boundary embraces the west half of Section Three, the east threequarters of Section Four, the northeast quarter and east half of northwest quarter of Section Nine, and the northwest quarter of Section Ten, all in Township Thirty-four (34) south, Range Twenty-five (25) east.

1907

property

Sec. 2. That said corporation shall have perpetual suc- Succession, cession, shall sue and be sued, plead and be impleaded, rights, etc. 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 the burial of the dead, for the erection of waterworks, for the establishment of poor houses and houses of correction and detention, 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 so. Said city shall have a common seal, and may change the same at pleasure.

authority.

Sec. 3. That the government and corporate authority of Corporate said city shall be vested in a Mayor, a City Council, a City Clerk, a Treasurer, a Marshal, a Tax Assessor, a Tax Collector and such other officers as may be appointed or elected in pursuance of law and the ordinances of said city. The offices of Clerk and Assessor, of Treasurer and Assessor and of Marshal and Collector may respectively be held by one and the same person, as the Council may by ordlnance prescribe.

ARTICLE 3-THE MAYOR.

compensa

Section 1. That the Mayor shall be elected for the term Term and of one year, and shall hold office until his successor is tion of elected and qualified; his compensation shall be fixed by Mayor. ordinance and shall not exceed three hundred dollars per annum, without perquisites, and it shall not be changed during his term of office.

Mayor.

Sec. 2. That the Mayor shall have jurisdiction for the Jurisdiction of trial of all offenses against the city ordinances; he shall have power to preserve the peace and enforce good order

1997

Powers, du-
Mayor.

within the city. He shall see that the ordinances within the city are faithfully executed; and shall have power by ties, etc., of his warrant to have brought before him any person or persons charged with the violation of the city ordinances, and 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 pardon and release persons convicted by him, in term time, or otherwise, by mandate in writing to the Marshal or any policeman; to have and exercise all the powers incident and usual to the enforcement of his jurisdiction. Appeals from the judg ment and sentence of the Mayor shall be taken in the time and manner prescribed by law, but all appeal bonds shall be submitted to the Mayor, and if approved by him, said appeal shall operate as a supersedeas. He shall keep a record of his official acts, substantially setting forth the charges preferred against parties brought before him by warrant or otherwise, and of the judgment rendered in each case; and he may require the Clerk to make and preserve such record by regular minutes when in his opinion the public good require it; he may appoint and discharge special policemen and detectives, subject to the approval of the City Council at their next regular meeting.

General supervision of Mayor.

Approval of ordinances by Mayor.

Sec. 3. 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. 4. That the Mayor shall have general supervision over all city affairs, except members of the City Council, and may examine into the condition of their offices, and the books, records and papers thereof and therein, and the manner of conducting their official business. He shall report to the City Council all violations or neglect of duty on the part of any official that may come to his knowledge.

Sec. 5. That every ordinance before becoming a law shall be presented to the Mayor under certificate and seal of the Clerk. If 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

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