HomeMy WebLinkAbout1933 CharterCHARTER O~ Ti{?.-, CITY OP SEBASTIAN, FLORIDA
C ONT ENT S
8 -14
15 -17
18-2?
28-33
34-45
46-54
55-70
71
72-85
86-87
88-93
94-95
96
97
98-103
1 04-1 O6
DESCRIPTION
Transfer of forner Charter authority;
Legal description and'~ · jurisdiction.
City officers and elections.
Common seal, property holding, and
authority for elections.
Mayor and powers
City Council: organization, composition.
Council authorities by ordinance.
Bonds,
Taxes a. nd assessments.
Streets.
City officials, duties, voters.
Borrowing monies
City control over streets, w~ters,
railways, etc~.
City immunity
Private property owner.
Fiscal year.
issuance of bonds for refunding
Charter.
PAGY~
1-3
3'-4
5
5-7
7-8
8-12
12-14
14-19
19
19-21
21
22-23
24
25
25
26-27
27
CHARTER OF T~-~ CITY OF SEBA"TIA~..T, FLORIDA
CONTENT S
DESCRIPTIO~ SECTION
Legal descr~ptfo~ o£ territorial limits. 1
Jurisdiction and title within City limits. 2
Previous assess~ents confirmed to City
Previous obligations confirmed to City. 4
Previous ordinances confirmed to City. 5
Previous legal proceedings confirmed to City. 6
Previous individual rights confirmed to City. 7
City officers. 8
Officers elected and appointed. 9
Eligibility of voters and officers. 10
Eligibility of office holder.
Date of annual election. 12
Term of elective and appointive office 13
Oath of office. 14
Common seal. 15
Receiving and releasing of real and personal property 16
Council authority for elections. 17
Powers of Mayor.
Receiving cash security.
Mayor's authority of suspension.
Mayor' s supervision.
Appointment of police force.
Special appointment mid discharge of police.
Mayor communicate to Com~cil.
Special meet:Lngs.
Impeachment.
Mayor Pro-tempore.
Vacancy of office.
City Council, composition, rules and meetings.
Council organization.
Appointment and abolishment of officers.
..,kuthority to ordinance and provisions ~?or passage.
[~ond of officer.
Occupational tax.
Establish public facilities.
Protection of health, welfare and' morals.
~:~rotection of health.
Code of ordinances.
Public utilities and facilities.
J~ire departments.
Streets, alleys, sidewalks, etc. and clearing
property.
Parks.
Eminent domain.
Drainage and clearing property.
Standing com~',~ittees.
Issuance of bonds for improvements.
Il II ii II
Custodian of bonds.
18
19
20
21
22
2J
24
25
26
2?
28
~8
40
PAGE
2
2
3
3
3
4
4
4
4
5
5
5
5
5
6
6
6
?
?
7
?
7
7
8
8
8
8
9
9
10
41 10
42 10
43 lO
44 11
45 12
' '4~; 12
47,48,49 13
50 13
contents, page 1.
DESCRIPTION
.~ontracts for work under bonds.
?onversion of bonds to cash.
~ontract money remaining.
~,~bmitting bond question to vote.
~:'~es and assessments.,
collection
,/~ount of taxation.
~dpocial assessment for improvements.
i~otice of special assessments.
Specifications for improvements.
SECTION
5~
5~
5~
55
56
57
58
59
60
Assessment and installment payment for i~provements. 61
Assisment roll. 62
Equalization board for special assessments. 6~
Payment of special assessments. 64
Foreclosure. 65
Bonds for local improvements. 66
Assessment for local improvements. 67
Payment on local improvements. 66
Assessment for local improvements. 67
Payment on local improvement bonds. 69
Validity of local improvement bonds. 70
Streets and sidewalks. 71
Tax Assessor. 72
Tax Collector. 7]
City Clerk. 74
City Clerk. 75
Harshal and police. 76
M~:~rshal. 77
[~iarshal. 78
Bond of officers. 79
',:~uit against the City. 80
i,~ailure to attend meetings. 81
',.~.egestration of voters. 82
,~.ppropriation for debt payment. 8~
~'.m~pensation of City officers and employees. 84
Public notice of ordinances. 85
Borrowi~ monies for current expenses. 86
Time warrents, purposes and taxes. 87
Rates, autos for hire. 88
Control and use of streets, alleys, etc. 89
Protection of streets, alloys, etc. from da~mge 90
Rogulatio~:s for ~.~aters, ,.~aterfronts, etc.. 91
Regulation of private lots. 92
Regulations on railways. 9~
City immunity against liability. 94
~erformancc of State municipal laws. 95
Construction of sidewalks, otc.. by property
owners. 96
Fiscal year and audit. 97
Issuance of bonds for refundin~:!~. 98
Provisions for bonds for rofuflding. 99
" " " " " 1 O0
Taxes for bonds as above. 101
Sale of bonds as above. 102
Immunity for bonds issued as above, 10~
Im~unity of Charter. 104
" " " 105
Date of effect of Charter. 106
PAGE
14
15
~5
~5
15
~5
16
17
17
18
~8
17
18
18
~8
~9
~9
~9
~9
19
2o
2o
2o
2o
2o
2O
20
21
21
25
25
28
26
26
26
27
27
27
~7
contents, page 2.
C~PTER 16683 (No. 825)
HOUSE BILL NO. 478
AN ACT to Abolish tho Present Municipal Government of the City of
~ebastian, in Indian River County, Florida$ to CrSate and Establish
~ New Municipality to be ]maown as City of Sebastian, in Indian River
County, Florida~ to Fix the Territorial Limits of Such Ci~y$ to
Le~!~lize and Validate the Ordinances of the Abolished Municipality and
Official Acts Thereon$ to Validate, Legalize, Ra. tify and Confir~ the
Ordinances ~,nd Resolutions, Ponds, Certificates of indebtedness and
Obligations of the Abolished Munioip~,lit~ of Sebastian, Florida., as
the Ordinances and Resolutioz~s, Ponds, Certificates of I~.debtedness
~nd Other Oblig~tions of tho N~.~w Municipality of Sebastian, Florida$
to Legalize, Valid~'~te, Ratify and Confirn All Contracts of the Abol-
ished Municipality of Sebastian, Florida, M~aking Such ~ontracts of the
Abolished Municipality of Sebastian, Florida, Making Such Contracts
Binding Upon the New Municipality of Sebastian, Florid~$ to Provide
and Specify How Such M~icipality Shall be Governed, by What Officers
It Sh~ll be Governed, and to Fix and Prescribe the Jurisdiction s~nd
Powe~s of the s~id City of Sebastian, Florida, and the Officers Thereof;
and to Provide for the Collection of Taxes and Assess~.~ents in ~nd
for the S~id City.
BE IT ENACTED 13Y THE LEGISLATURE OP Th~.~ ST.~Ti20P PLORIDA~
SECTION 1. That the nunicips,1 corpor~,tion now existing' and known ~s
City of Sebastian, In Indian River County, be and the san~ is
hereby abolished o.nd a new nunicipality to be known s,s City of Seb-
astian, in Indian River County, Florida, is hereby ereat.~d and estab-
lished tO succeed such forner municipality of the City of Sebastian,
in Indian River County, Florid~. The City of Sebastian, hereby oreat-
~d and established shall embrace and include all that territory
situ~ted and beind{ in Indian River County, Florida, described as
follows, to-wit:
Begin where the Southeast corner of Lot 8 of Hudson's
Subdivision intersects with the West shore of the Indian River in
Section 31, Township 30 South,lRange 39 ~ast~ thence run West on
the South line of Lot 8 of Hudson's Subdivision to the Northeast line
of Flemi~£~ Grant~ thence run S~utheast on Fleming Grant line to
intersect with North line of Ocean Breeze Heights Subdivision~ thence
run in a Southwesterly direction following the North line of Ocean
Breeze Heights Subdivision to the East line of the right-of-way of
the Florida East Co~st Railway~ thence run West ~t right angles with
said right-of-way 100 feet to the ~est line of the Florida East Coast
R~ilway right-of-way~ thence run Southeasterly alon,~ and following the
West line of the Florida East Coas~ Railway right-of-way to the inter-
section of the North line of Lot 2 of A. A Berry's Subdivision of
part of Section 30 of Flemi~ Grant; thence run Southwesterly following
the North line of Lot 2, A. A' Berry's Subdivision to its full length
or West line~ thence run Southeasterly following the SoutHwest line of
Lot 2 and Lot 1 of Ac A. Berry,s Subdivision to the Southeast line of
Fleming Grant~ t]~ence following Flemi~ Grant line Southwest to the
range line between ~anges 38 and 39, thence rm~ South on said Ra~j~e
linc to the Southwest corner of Government Lot 3, Section 6, Township
31 South, Ra,~[fe 39 ]]ast~ thence Run ~ast to the Southeast corner o£
said Government Lot 3, thence run South to the Southwest corner of the
Southeast Quart~r of the Southwest Quarter, which is to the ~ection
linc between Section 6 and Section 7 in Township 31 South, Range ~9
East; thence run East on said Section line to the channel of the
Indian Rivers thence following the channel of the Indian River in
a Northwesterly direction to a point due East of beginning point;
thence run West to the poiz'~.t of be~,~inni~.
SECTION 2. The title to and jurisdiction over all streets, thorough-
fares, parks, alleys, public lots and sewers, and all other property
of every kind, nature or description within or without said City, and
all other property and municipal plants of the City now owned, poses-
sed or operated t~y it, and all property of every kind and character
which said City ~ay hereafter acquire within or without sa. id City,
or,may be ~est~d'in~t~ o~..be dedicated to it, or ~hich'may ~ave.~ere-
tofore been vested in it or dedicated to it, for its use or for the
public use, sh=ll be vested in the City of Sebastian as crested under
this Act. There shall also be vested in the City of Sebastian as
created by this Act, for ~aunicip~l purposes only, title to ~ll tide
water and other lands, and river bay bottom waters, waterways and
water botto~s ~u'~d all rip~ri~n rights withi~ the City limits, now
owned by the State of Florida°
SECTION 3. All assessments for taxes, public improvements or benefits
heretofore made or levied by the City of Sebastian, and all licenses,
fines or forfeitures heretofore imposed ~nd heretofore validated and
confirmed, and all acts, resolutions, doi~us and proceedings of the
City Council of the City of Sebastian, Florida, as said nunioips, lity
existed prior to the p~ssage of this Act relative to the issuance of
bonds of said City ~nd relative to assessments against property there-
in for public i~provements of any kind, nature or description, which
bondshave heretofore been issued and which assess~ents have heretofore
been made, are h~sreby legalized, ratified¥ validated and confirmed,
notwithstandir~i~ any want of Dower or authority of the said City Council
or of said City, or of any defects or any irred~ularities or o~issions
in said acts, resolutions, doings and proceed~¥~s~ and all bonds which
have heretofore been sold ~.nd delivered by said City of ~sb~stian, or
which have heretofore been authorized and is sold and delivered are
hereby declared to be valide and binding obligations of s~id City ~nd
incontestable in the hands of bonafide purchasers for value
reason or upon ~ d~rou~d whatsoever. And all moneys due to or collec-
tible ~ tho Cit~ fro~ taxes, ~ssessments, licenses, fines, for-
feitures of from
any other source whatsoever, and all debts or obligations ~ue the City
of whatsoever n~ture shall henceforth be due and payable to tho City of
Sebastian crew.ted under this Act. All liabilities and obligations to
and rights of action l.ossessed by the City shall remain in force a. nd
effect; and all prosecutions for any viol~ttion of theordinances of
said City, and all offend;es heretofore con~itted against said City
hereby saved and preserved with the rif;ht of prosedttion; and all
judgz~ents, fines and sentences against perscms under conviction are
likewise saved and preserved under this Act.
SECTION 4. All lawful debts or obli~ations of the City now existing
or outstandi~ are hereby declar,~d to be valid and unimpaired as debts
and obligations of 'the City of Sebastian created'under this Act. And
no obligation or contract of said City ~hall be i~paired by this
and all obligations, debts, bonds, tine warrants, notes and other
lawful obli~tions of every kind, n~.ture or description heretofore
incurred, executed, issued or sold by s~id City of Sebastian shall be,
and the same are, hereby declared to be the valid and binding oblig-
ations of the City of Sebastian created under this Act.
~ECTI0?_ 5. All ordinances, resolutions, rules, and re~ulatio~s now
force in the City of Sebastian, not in conflict with the provisions of
this Act or tho Constitution of theUnited States or 0~ the Stat~ of
Plorida, shall remain of full force and effect until recinded, repea].c~.
or anended by the City of Sebastia. n created under this Act. And all
laws now in force or that z~ay hereafter be enacted by the Le~islatur~
of the State for tbs benefit and protection of cities and towns, which
may not conflict with the provisions of this Act~ shall enure to and
be applicable to the City' of Sebastian,
SECTION 6. All contracts entered into by the City of Sebastian, and
all pending leg~,l proceedings of every kind and ch~racter~ either by
or against the City of Sebastian, or in which i~he City of Seb~stian
is interested, instituted prior to the p~ssage of this Act, and ~ll
pendin~c~ proe~edings for public work or improvements by the City of
Sebastian, of ev~ry kind and character~ whether or not tho s~me shall
result in the levying of general or special taxes or ~ssess~ents, or
the issuance of w~ttants or cSrtificated of indebtedness or bonds or
notes, shall continue in full force and effect and shall not be
affected in any ~ann~r by the provisions of this Act.
~TION ~. No vested ri~ht or rights acquired or held by ~.any indivi-
dual or corporation under and by virtue of the existi~? ohar~er, ord-
inances, resolutions, rules, regulations and contracts of the City of
Sebastian shs, ll be abridged, nullified or ~bolished by thie eh~.rtero
SECTION 8. The corporate authority of s~id City sh~ll be veered
Mayor, a City Council, a Marshall, and ~ City Cl~rk, who sh~ll also
City~ provided, however, that the City Council is herevy authorized
empowered at any time to separate the offices of City Clerk. Tax
~,ssessor, Ts, x Coilec~or, Treas~;,rer and Registration Officer, or any
of them, and by ordinance provide for an additional officer or offfieera:
~'o Derforz~ the duties of any of said office~.
".ECTION 9 The I.iayor aud the me~bers of ~ a Cl+y Co~n.oil shall be
u!ected by Gualified.. voters o~ so, id City. T?~e Clerk and the Ha. rsnal~
sh~ll be appointed by th.:o City Council of ss. id City for. a term of two
yes, rs, and until the successor of e~ch is e]c~cted and quslified.
SECTION 10. Any person, m~le or female, who has reached the a~e of
t~ ~nt~
~.~,~ y-one years and is a chitzen o~ the State off ~lorida, and who has
resided in the County six :-.tenths and in the City of Sebastian for six
months and who is red';istered as a voter on the City Re~istration Book,
shall be qualified to hold any office in said City, and to vote in all
City elections, except bond elections, when the qualifications shall
be as hereinafter provided. The payment of poll tax prescribed by the
~..,~o..~r~l laws of the State shall be required as a qualification for
voting at electioo, s iz~ s id City.
SECTION 11. No person shall be elegible to hold office in said City
~.nless he or she bo a qualified voter in said City.
?.7.EOTION 1 2. The re~.~la.r~'~ annuaTM. ~.,. election for the elective officers of
~;he City of Sebastian shall be held on the second Monday in December of
each year, and the present officers of the Cit~ of Sebastian, whether
elected or a?pointed, shall retain the sa.~.~e offices under the City
hereby created for the ter~ for which they wez~ elected or appointed
and until their successors are elected or ~:~ppomnted and ~,ualified.
At the rei:ula, r annual election to be held in the City of
Sebastian on the second benday in .Dece.~:~ber, 19]~, there shs~ll be elec-
ted two members of the City Cotmcil for the Term of two years; at the
ne~t City ~lection held on he second Monday in December, 19~4, three
nembers of the City Council shall be elected for tho ter~:~ of two years;
and thereafter ~:~enbers of the City Council shall be elected for the
ter~':~ of two y~,~zs each; so that two members are elected at one s~ual
election and three members sre elected at the next annual election,
but each for tl~e ter~ of two years and until their successors are
elected and qualified.
Be~innmn~.~ with the election held in December, 19~, a Mayor
shall bo CIocted for the ter~:~ of two years.
$ECTIOi~ 1~. ~hat ~ll officers of the City of Sebastian shall hold
office until their successo~ are elected or appointed and qualified,
SECTION 14. Each officer of the Cit as soon as convenient after his
appointment of clection shall take before tho ~yor or before any
person outhori.zed to s,d:.'.~inist~r oaths, a= oath or affirmation that
he ,~,ill support, protect a, nd defend the Constitution and Gove:,:'n~ent ~::~:
the United ~ts~tes and of the State of Florida against all enemies,
-4-
domestic or foreign, and that he will boar true faith~ loy?lty and
a~llsgianco to the salem and that ho is entitled to,hold office under
the Constitution and laws of the ok
~ate of Yiorida, and that ha will
f~it~fully perform tho duties of the office on which he is ~bout to
~oCTIO~ 15. S~id cor]~or~tion shall perpetual succession, may sue ~nd
be sued, pleed ~nd be imp!oeded, end sh~l! h~ve a comnon seal which
~ay bo changed by tho City Council at pleasure.
SECTION 1~. Said cori~oration m~y own, purchase, lease, receive,
quire and hold prop.~rty, real and personal, within and wit~o~t the
territorial boundaries of said corporation to bo used ~or any and all
such public purposes as tho City Council may deem neoosssry and proper,
and said corporation is hereby fully empowered to sell, lease, convoy
and otherwise dispose of any and all property, real and porsonzl, which
may belong to said corporation, and tho City Co,oil shall proscribe by
trdinance tho manner of makir~ such convoy~co.
S~CTION17. The City Co~cil shall by ordinance provide for the hold-
ing of all general and special elections and for thc rotan and can-
vass of tho same s~nd for ~ko registration of voters
SECTZOI~ 18. Tho M~yor shall have tho power to presets po~co and order
and to enforce tho ordinances of said City snd shall h~ve such powers
and duties as arc~.~conforrod upon his by ordinance. His compensation
shall bo fmxod by ~dmnanco and snell n~' bo changed duri~ hms to~m
of office. Ho shell,.have jurisdictig~ fo~.~ tho trial o~ all offenses
~ ~ ~ tho l~s O~ ~ ~ ~ i'~~ ~h~l]~
a.o~.in~t t~ City, an~_ bo sis duty to sco that tho
ordinances are faithfully executed and the orders of tho Council duly
obso~od and enforced. ~o ~all be Judge of t~o Municipal Court and
sh~ll hove power by his w~ant to halve brought before him
~My
person
or persons charged with tho ~olation of tho ordinances. Ho sh~!l
have ]~ower to require tho ~tt~d~nco of witnesses for and against tho
accused, to administor o~ths, t6~ t~ko elf ida.viis and to inquire ?s to
tho truth of all charges p~o~orro~ to moc~de upon tho gumtt or mnnoc-
k
once of th~'~ accused, and to fix by ~ontonoo ti~o penalty porscribod
by ordi~ anco, s~nd to enforce tho sam~$ to pardon and rol~'~so persons
convicted by .hi~, and to nave and oxorb~so all tho powers incident and
usual t0 tho to tho enforcement of his j~risdiction$ and ho saall also
have tho ~Powor to punish ~or oonto~'~p of Municipal Court to tho extent
of a fine not exceeding ~ H~dred~ollars~ or imprisonment not
exceeding thirty days, or ~oth such penalties in his discretion.
SECTION 19.. Tho City Council shall h~vo ~uthority by ordinance to
provide for taking cash security ~or appearances before tho Mayor's
court for any person or corporation accused o~ violating a City ordina-
nce and for tho forfeiture thereof in default of such appo~r~'~nces.
SECTION 20~ The Mayor shall have authority to suspend any officer
except Councilmen, for misconduct in office, or neglect of duty, repor-
ting his action in wri$ing,with rezsons therefore to the next regular
meeting of the Council, for its approval or disapproval. Notice of su-
ch suspension and the reasons therefore shall be given ih writing to
the suspended officer by m~iling the same to his last known address,
and the said suspended officer shall have the right to a he~ring
before the City Council. If the City Council sh~ll ~pprove the action
of tho Mayor in suspending such officer, said officer sh~ll thereupon
stand re~ov~d and his office v~cated. If the Council sh~ll not approve
the action of the M~yor in suspending such officer, the said officer
shall resume his duties.
~ECTION 21. The Mayor sh~ll have general supervision over all City
officers and the police force ~nd may ex~mine into the conditions of
the offices, books, records and papers thereof ~nd the ~anner of cond-
ucting official business~ He sh~ll report ~o the City Co~cil ~ll
violations or neglect of duty of any officiml that ~y co~e to his
knowledge° He sh~ll make such recommendations about City business to
th~ City Council as he deems advisable.
SECTION 22. The Mayor shall appoint such police force with the consen~
of the Co~nucil as may be deemed necessary. The compensation of police-
men shall be fixed by the City Council.
SECTION 2~. ~hen in his opinion the public good requires the Mayor ~sy
appoint and discharge special policemen ~nd detectives, ~aking report
thereof to the City Council at its next meeting thereafter~
SECTION 24. The Mayor shall com~n~icate from time to time to tho Cou~u-
oil such information znd recommend such measures touching the public
services ~s he ~y d~e~ proper, and shall perfor~ such other duties as
tho ordinances proscribe.
S_.ECTION_2~_~, The M~yor may call special meetings of the Council, and
when called ho shall state the object for which called, and the bus-
iness of such ~eeting shall be confined to $~e obj,2cts so stated in tho
call, unless all the members of the Council are present, when they may
'transact such business as they see fit.
~ECTION 26. The Mayor may be impeached by the Council for misfeasance,
~alfeasance or nonf~asance in office, for drunkerme~s or gross inmoral-
ity. Should charges be preferred ags.inst the Mayor, the Council shall
furnish said Mayor with a copy of the charges, giving him a reasonable
time to answer and sh~ll preceded ~ithout unnecessary delay to inves-
tigate and decide ssid charges. It shall require a four-f~fths vote
of all the members of the City Council to re~ove tho Mayor.
-6-
SECTIOI'T 27. That i~ case of death or absencd of the ~'~ayor fro~,l the
City, or his inability from any cause to discharge the duties o~ the
oi'fic~ of Mayor, tho President of the Co~cil or i~ his ~bsenco, the
acti~g President of tho Co~cil, shall ..mscharge the duties of Mayor
~s "Hayer pro te~por'¢" until the office of Hayer shall be filled,
until tho ~ayor shall resume his duties.
~,.~'~CT_.ON 28 In tho event there should occur, from any cause, a vacancy
i~ any of the offices o~ said m~icipality whether it be in any of the
offices pro~rided for and cre~tod by this Act, or whether it be in any
offices that may h~roa.~tor be eres, t~.~d, it S~ll be the duty of the City
Council to fill such vacancy. In such event the person so appointed
to fill sny such vacancy shall hold office for the unexpired term
his predecessor.
SECTION 29. Tho City Co*~cil shall be comi~osed of five councilmen,
each of whom sha. ll receive not exceeding Three Dollars for oac,~ regular
or special meotin~ he attends T~_o City Council s~all prescribe its
own rules and procedure and ~ay prescribe penalties for non-attendance
or disorderly conduct of its mock, bars and enforce the same, four-fifths
o~ its members concurring, It ~sy expel a member for improper conduct
in office. A majority of tho members of thc Co~cil shal~ bo necessa-
ry to consiituto a quor~ for the transaction of business, but a s~s~l-
lot number may adjou~ from time to time ~til a quor~ is obtainod.
T.ho Council shall hold meet.i, ngs at such times ~s it may deto~ino,
holding hot lass than one regular ~eeting each ~.~onth. ~d said Council
shall be tho judge of tho q~ ~lmfmca~_on election and returns, thereof
of its own mock, bors, and shall prescribe rules relative to any contest
over any election to membership thereon.
· ~ECT]~ON 30. Tho City Council shall organize immediately after any
'~o~oral City election by otocting one of its members president, who
~hs~ll preside over the Co~cil. ~:~hon acting as Mayor, ho shall bo
disqualified from acting· as president or as a ~ombor of the City Co~-
cil. A president pro-tom shall be elected to preside over tho Co~mcil
duri~ tho absence or disability of tho t~rosidont of the Co~cil.
SECTION 3~ The City Council shall have tho power and is hereby auth-
orized to cr~-~t~ ~ by ordi~anco such ~dditional offices and provide for
the elocution or appointn~nt of additional officers or omi~loyoos as it
~uay in its oudgm~n~ doe~.~ naooss~ry. Tho Co~cil shsll have power
~ny ti~o by ordinance to ~bolish any offices thus created,
~.~CTIOi! ~ Tho City Council may make such other and further ordin-
ances not inconsistent with the laws of tho SSato, as shall bo deemed
expedient ~or the good government o~ tho C~tY,'tho p~bl~o safety and
welfare., tho protection of property, tho prosc~ation o~ peaco
and good order, the suppression o~ vice, the benefit of trade
~nd co~morce, the proso~.tion o~ good health, tho prevention and
-7-
extinguishing of £ires, and :for the exercise o£ its corporate powers
:~,:.~d the perfor~m, nce of its corporate duties, No'ordinance shall
become a law ~less pa~ssod by at least three-ffi~ths off all the me~,~b-
ers of ~he City Council, Every ordinance passed by the City Council
boffore becoming a law s.hall be presented to the Mayor under t'.'-,.e
certificate of t?,~e Clerk. I~ the ~.i
~.~ approves the s~/t~e he
sign it and return it to the Clerk; but if ho s.~a. ll not approve
he shall return it to the Clerk with his objections in writing at or
before tho next regular meeting of the Council for reconsideration~
and if tho Council sh~ll pass the ordinance by a four-fifths vote of
all its ~ambers it sh~ll go into el'fact. If tho Mayor shall fail to
return any ordinance, or shall rctu~ the sa~e unsigned, without obje-
octions in writing, at or before the next rogut,~r meet:;.~'~g of the
Council after its passage, he ~hall be deemed to h~ve a.pprovod tho
same, and it shall becone a law without his signcture.
~]]__CT__ION 33_ The City Core, oil may require any officer or e~.L,.loyee of
the City to give bond an~! with such sureties as thc Council nay by
ordinance determine.
SECTION 34 The City Council shall have power by ordinance to inpose
a tax upon any and all business, professions and occupations engaged
in or carried on, either wholly or in part within the corpora'to limits
of said City, whether tho saue be taxed b7 the State or ~ot~ ~nd with-
out regard to tho al~ount off ~ho State tax, if any, im.~.~osod upon such
business, profession or occupation.
SECTZON 35. The City Council shall have t~..e power by ordinance to
~' ' '~ nd regulate hospitals, jails, houses ~ ~
establish, m,mnta~ a
¢~ detention
and correction, publick libraries and ce~.~et~.~ries.
-~,~ ~..,,~., 38. The Council shall have power by ordinance to ;~ako r,'~'ula-
tions to secure and protect tho general health of the inhabits~nts and
to prevent and r~.~ow~ nuisances, where a'.('fectinj tho h~:alth or ~.~or~ls
of tho oo~,l~'~u;~,ity~ to ~.~,j~;ul,~to 1;h~ sale gnd stor~'~.ge of ~:~.ll articles of
food "~nd to oxtablish and red;ulate tho sale and storage of all o. rtiol-
os of food and to establish and r.~.~gulate markets; to establish fire
linits and to rogula, to th~ construction off buildings within the fire
li~.:~its~ t.h~ Council shall have the power by ordinance to prohibit and
supl, r:~:ss gm,~bling houses, bawdy houses and disord~rly housas, and any
exhibition, show, circus, 7"' ~
a~d all obscene pictures of !it~3ra. ture; to ro~.',uL~t(~ and pr~w~nt the
sl;ora~[~e of explosives, oils and othox' combusiibles a. nd inflamnable
material; and to ro~.~late the u~e of liijhts, electric wirin~T and
stea. n pipes ~nd all buildings and oth.~r places; ~o red'ul:~ie and sup-
press tho storage 0~nd sal~ of firecrackers and all oth~r fireworks,
~uuns~ pistols and othe:,: fir: irons, toy pistols, air guns, and sling
shots, to prohibit and punish all disorderly conduct, breakers of
peace, and disorderly ~ssm~blies; ~o regulate the use of automobiles,
motor trucks and other power driven vehicles; to regulate the use of
t...~o streets, alleys, parks and sidewalks of the City~ to regulate, and
prohibit the running at large of ~ny wild or domestic anim~ls or fowl~
and to provide for tho impounding and disposal of the same~ to prohi2
it and provide for the removal and abs~tomcnt of any dangerous build-
~ ~ oncroachncnt~ m~torial or other ~' ' ~ ....
in~l, ~truc~ure, ~.amn~ dang'.:~rous to t',"~
health or safety of the i~:~.bits.nts~ to compel owners o~ buildings to
'~ ~"~ ........+~ of fires and thc sa.f-
erect fire escapes and to provide :~or ~;.~;~.~.~
cry of persons in s. ny building or placo'~ ~nd the Council shall
the power to pass all ordinances necessary to tho health, pea. co, con-
vcnionco, welfare or tho protection o~ thc inhabitants of said City
~n.d to c~_..rry out tho ~u!l extent and mo~mi~ of this Act and to accom-
plish the objects of this corporo.tion~ and the City Council may pro-
'vide fines, forfeitures, terns and imprison~ont with or without hard
labor smd other penalties for tho. enforcement of ordinances~ and
j~:rovido ws.ys ~nd noons to prevent tlto escape of prisoncrs.
.SECTION 37. Tho City Court, cji shall h:t.vo power by ~raznance to pre-
~cnt tho introduction and spread of infectious a~d co~ttagious diseases
and to ~:tako quarantine regulations for that ~_urpo~c and to pr:t, vide
for tho cnforcc~.~c~tt of the sa~.:o within fivz: ~:~iles .of th~ City, whe~
.~.~'-.~. does not conflict with ...... laws of thc St~t.~ of Florida or of the
United States.
SECTION ~8. Th:~t tho City Cou~'~cil shall ha.ye ~uthority to cause to ]'-~c
pro2~arod, o,s often as it ns~y doom necessary, ~ code or digest of tho
City Ordian~nces, which nay bo adopted by tho City Council as a. s~',.'-'i~
ordinance, and it shall not bo necoss:~ry to post or publish tho sane
in order that tho sane n~,y bcco:t~e effective and in force. The Courts
mn this State shall take ~uazczal cognizance of tho code a. nd ordinanc-
.:ss '",f tho City, and the printed col-~y of th~ code and ordinances offi-
cia. l!y printed by tn~ City shall bo taken in evidence in ~ny trial
which tho s~;~c nay bo competent without Dr',of of th,~ duo prosonte.-
tion and approval of said code and ordinnnce.
SEC..ION 39 The City Council ~'~ have power by ordin~.no~t: to pro-
vide tho City s,na '~'~' "-,-
~ z~o inhabits, mrs with wa~cr wupply, sower systox:l,
elcc'~ric light o,~a power, ~as f.~.r light an~: fuel, street and other
rc. ilways, telephone an .~ telegraph lines, n~icipal docks~ s:~a. walls
along the water ~r.on~ of said City, bulkhoads, cs. usowr, ys, bridges,
golz courses, airports~ s. nd otho~~.public utilities, ,..no ~['or s~id
?,urooscs, or a.ny et them, ~.~..y buy, construct~ ica. se or otherwise
~cquire o.nd :~t:~J. ntain any of so~id public utiliti~:s f ~r tho purpose
of furnishi~z tho s~.id City s. nd its irH~...bzt~.nts with so,icc from
tho s~:~.~o~ provided, howow:~r, that ~o exclusive p.~;r~:.tissi'?~ of
zsos shall be gr..n~ed to s.~.y p~:~:rson or corporatio~a ~f,.,r '~ny public
utility. The City Council nay by ordina~ace make roaso~lablo
orions ~s to "hc uso of ony public utiIity s,nd z,~ay fix rea. so~t~zbto
rates for s.;~ico ~urnzshed by public utiiitics te consulters
-9-
SECTION 40. The City Council shall by ordinance provide for the
':::rgani~a-~'~n and maintenance of the Pire Depart~,'~ent and provide for
~he prevention and extinguishing of fires.
SECTIOY 41. The City Council shall have power to open, establish,
abo~lish, alt~:~r, exte_?.d, widen, grade~ regrade, pave ropave o'~~ other-
wise improve, clean a.~.d keel in repair or rebuild streets~ avenues,
atloys~ sidewalks and crosswalks a;'~.d other public ways and thorough-
fares and construct, erect and keep ii~ repair a:-:_d rebuild bridges~
culverts, gutters, sewers and dra. ins; to regulate and provide for the
construction, preservation and repair of streets~ avenues, alleys,
sidewalks, footpavon~nts and other public ways and thoroughffaros and
paving ~and repairing the s"'ne~ to provide flor tho const~ctio~.~ of
sewers and drains and for I-:ceiling tho same in repair; to provide for
a unifori,~ character of sidewalks which shall bo built upon a grade
established by tho City~ "b.'..~ tak,~.~ ,-~nd ai?propriato private grounds, in
nann~r and fern provided By law for condemnation, for widening streets
or parts therefore, or for oxto~.~dlng tho sc~,~e, or forlaying out no~
s ~ ~ avenues alloys squares,~.,~.~ or pronm~ados; to grant tho
right-of-way through tho streets, alleys, avenues, and public grounds
of tho City for tho use of street or other railways, but the owner of
property abuttir~ thereon shall ~:~ot thereby bo deprived of any right
he nay h~ve to claim any damage that he zmy receive by rcaso:~ of such
right-of-way; to require owners of property or their ag~m. ts to keep
their lots, tracts of D:rcols of l~-~.:/~d fr~e and clean of weeks, brush,
undorgr~',wth, trash, filth, garbage or oth~..~r refuse or in c~:~so of their
failure to do so the City nay ro:~.~eve or cause the removal ef such
woods, brush, undergrowth, tzash, filth, garbage, or other refuse, and
nay charge and assess tho oxpens~ thereof against tho property so
cleaned and inprovod; to provide far tho care a:ad protection trees,
shahs o~d flowers in the public streets, avenues, parks and grom~ds,
to impose penalties on tho owner or occupant of or agent for any side-
walk house or other' structure, place or thi~ which nay be dangerous
or detrimental to thc inhabitants of said City ~-.,r danger.~us or detri-
mental to their property unless aft.:r due n~.~tice the sane bo removed
or remedied in accordance with th~ requirements of the City Council.
.~CT!OY 47_m The Cotmcil shall h'.ave tho power by ordinance to acquire,
i~':'~Dr,--,ve ,and ~:~aintain ~ ~ ..........
par.~.~. ~..~r ~',~c benefit f~r thc City a~a'~' its
ink~ ~Lit~..mts~ ~ .
,.~ .....~",~ 43. That sa. md City is hereby delegated authority to oxcrcmsa
the right and power of eminent do~.r-~i;~, that is~ tho right to approp-
rial;o property with. i~.~ or without thc t~rritorial limits ~.,f said City'
f',r t~.~o fol!owi~g users '~r purposes; for drai~0.ago m~.d f.,:~.~ raisi~g or
filling in la:.'~d in order t,.~ promote sanitatio~t ~nd healthful~loss; for
rectai~'.~ing and fitting when lands nrc low or wet or ow:.~rflowed alto-
gether at tines, a~ad entirely or ]/.'~rtly; for the abatonol~t
-10-
nuisenco~ f~)r the use of water pipes s~.~.¢! for sewcrs~,ge and dr,'~inago put
D~s,~s~ for ls. ying wires a~.nd c,..>nduits under the ground~ for City build-
J~o_gs, wo~t~orks, electric light pl,unts, p~)~ds, bridges, sos. wqlls,
bulkhead, ds, c~.usaw~ys, nunici]~>,~.l flocks, golf courses, s~iri.~orts, ~nd any
other z~ur~ioipa,1 purpose, which shall bo coextensive with tho p~wars
of s~o, id City exercisi~g the right of eniner~t dr~ns~in under this section~
c~.~d th~'~ s~bsolute, foe sinDle titl~ to ~ll property so ts~k~n ~.n~! ~cqu-
ired sh~ll vest i~ th~ s~id City, ~less the City seeks t<~, c:.~donn
ps..rticular right ~,r ester, to in such pro;~erty. That thc procedure for
thc exercise o~ dninent d~n~,in ~r th~ c..~ndc~.~n~ti~u~_ of ~u~.y l~.~ds or
property ~dor this ~ction sh~ll be the sane ~s is provided by tho
gonorr~l la~ws of Plorida on tho subject of condenns~tio~.~ ~f property
for public uses.
SECTIO~ ~4. The C~unci]. sh-'~ll h~.w~ power by ~,rdin~unce t-'~ provide for
tho construction, i~provc~.~ent o~n.~ ~aintcn~nco .?f noco~ry ditches s~nd
drains within sa, id City for tho purpose ~:~,f protcctio~ of th,:~ health of
thc City's inh~.bitants; ~.n~ thc protoctic~n f th...~ h~:alth c~f the City's
inh~bit~tnts$ and tho pr~tecting of lands withi~ ss. id City fr~.~ over-
flow; and tho City Gom~cil sh:n. ll h~'~vc tho power by ordine~nco t,::~ c~.ter
into anal c.".,ntract with ~.ny oxisti~' Dr~..inage District rola~til~
uso ~,f a..~y Dr~-tin~uge Ca. nals or ditches m~dor the jurisdiction ~f s:~.id
Dr~.ina. ge District,
If o.t any ti~.~o t.h:~ O~>uncil sh~ll deo~ it nccossn, ry or exped-
ient for an~y g~.~d re~.s:'~:'~, that any let, tr~.ct or p~rcol o~ l~nd with-
in s~.id City sh~uld be cle~unod of woods, tr:~.sh, mador~rowth, brush,
filth, ~[':~a. rh~gc or '~thor refuse, it sh~ll ha.va power t:o ~iroct ~.:_~i req-
uire th.~ c, wnor or ~wners of s~.~ lot, tr~.ot or p:urc. 1 of l~.nd, t~ cle~.n
tho s~..~o of ,~cods, tr~sh, undorgr~-~wth, b~sh, filth, g~rbo~go a~r other
refuse. Such n:~tico shall be given by resolution ~of th~.~ Core, oil, a
c~?py ~f which sho. ll bo se~od upton thc ~.~wner or :'~wnors, of such lot,
p~rcol or rte. ct .~ l~.nd, or upon tn.. ~g~nt of such owners, .or if tho
owner is ~ n~nrosident or ca~u'~ot be f.~und ~ith tho City ~n~2 h~s
]~n~-~ ~ont within tho City, s. c+i~ .:-~f such resolution s~.~'~z.~ be pub-
lishod f?r ~nce ~ach woo].~ f~r tw~ weeks in so~'~ newspap~r published
In~is~n ]~iver County, ~u c~v thereof posted up~n such 1,~t, t~'o~ct
porcol of l~n~, ~nd if thc owner or ~wnors sh~,ll ~t within such time
as such res~luti~:~n shcll prescrive, clo~.n such lot, tract or
of ls~nd ~r woods, trr~sh, ~dorgr~wth, b~sh, filth, g~rb~go ~r other
refuse ~s therein directed, it shs~ll be l[~wful for th~'~ Council
' ~ -'? t~, th~rofor ~nd to charge, ~ssoss
~n~l collect tho ox~2c~i~so thornier ~/:,~,in. st s~ic! lot, tract or ~rcol of
l~n~ ~-~nd against t~.~.~ owner or owners thereof. Notice ~f ho~rin~ con-
pl~"~ints :~nd a. ctio~r thereon sh~]_l be done substa, ntiolly in aceorda~ce
with tho provisions ~:'~f Chapter 9298 of tho ls~ws of ~lorids~ with
respect t~ a. ssessnents f~.".~r local i~provononts,
-11-
~_~CT.ION._45t The City Co~tucil nay by ordianace or resolution provide
Cot stockading committees of the Council~ such committees to be appoin-
Za ~_0~
by the President of the Coui~cil a~nnually sfter tl~o crt'ami ~
thc Council.
SECTION 46. Whenever it shall be doomed advisable to issue bonds
the purpose of construction, naintainii~g, or i~urchasing watorworks~
for tho purpose of co~zstructin~.%, maintainf~ or purchasiz'~g gas or elec-
tric light works, or other il!ui~ainati!'~g systemics, for the purpose of
constructi~, ~aintaini~.~g or purchasing a system of sowor~gm or other-
wise pro,!otis' tho health of saJ. d ~.z~licipality$ for the purpose
opez~ing, ooiastructing, paving or r!~pdvin~, r~paiDing and (or) maintain-
ing the streets a~d sidewalks of said municipality~ for th~) purpose of
opening, constructii~g and (or) i'~aintaining public ps~rks ~nd (or) prom-
enades~ for the purpose of establishing and i~laintaining a fire depart-
moat in said nunicipa!ity~ for the purpose of erecting public build-
ir~gs for tho use of said nunicipality~ ~or the purpose of constructing
soawslls slo~ tho water fronts o~ said City~ for the purpose of con-
structi~, repairing and ('~r) naintail~ing m~icipaldooks~ ~or tho pur-
pose of filliik~ in any lot or submerged la,id in said City~ for the
purpose of constructi~, repairing and (or) naints, i~ing bridgos~ bulk-
heads and cguseways~ for thc purpos8 of purchgsi~, constructini~ and
(or) ~aintainil~g a n~icipal flolf courso~ for the purpose of purchgsil~
oonst~cting smd (or) ns~intaining a municipal hospitgl$ ~or tho pur-
pose of purchasing, c~>nstructing and (or) naintair~ing s~ ~icii-~al air~
port, or for a. ny other ~.~unicipal purpose, tho Mayor and City Comacil
are hereby authorized to issue bonds of said municipality, and ~.~der
the so~.l of said c~rporstion , to an a.~ount of not exceeding twenty-
five par cent of tho assessed ~a].u~tion of all tho prop~rty both r~.l
and pers:.'~nal, within said City, as shown by tho current
roll, said bonds to be signed by tho Mayor, co~torsignod by tho Pres-
ident of thc Council, and attested by tho Clerk, with intere~:~t coupons
att~.ched, which sha, ll bo signed i~'~ like nan,s, or, except that such inter-
cst coupons '~.o.y bo signed by th~ lithographed or f~csinilc signa, tures
of tho Mayor, President ~:~f thc Cit?~ Oouncit ~.~.~d City Clerk rcspoctivelz
provided, however, tha. t before said bo~lds shall be issued tho issuance
,~f s~.id bo~ds sh~ll bo approved by an affirz~a, tive vote of ~ majority
of the electors w)ting f..~-,r ~uch purpose sopcr~tely at an elccti.~ to
bo held for such purpose of i~ur_....oses, in which a nahority of tho free-
holders who ar~: qu~-~..lifiod electors rosidi~u in s.'~id City shall parti-
ciptte, which election shall bo repatriated by ordinance as t<.~ the
n~r of conducti~ a~d cortifyinf~ tho sa~e, ~-~fter the sa~o has bc<~n
adv,~rtised for not lcs:~ th~n thirty d,~ys in a newspa~per published in
Ii, dian River Comity, [~florida, and at wl~iel~ election only qualified
electors of sa. id City who om~ real esthete in sa. id City~ and ~,.~.'ao have
p~id th~.) taxes thcrc<)n last duo sh,ull be allowed t~:~:, vote.
,SECTION 47, ~,^fhen the ~onds are issued under the terms of this Act the
said bonds shall bo under tlr..~ seal off the Ci~y o~ Sebastian and shall
]:~::"~ si6'ned in like harmer, c~:cap~ 2ha~ sucl~ interest coupons may be
signed by the lithographad facsinite signatures of the Hayor~
of %ha City Council and City Clerk rcspectively~ and tho Iiayor and
City Council of said City oi' Soba.:~tian sha].! b~ authorized to leby a
special tax upon all tho ta. xa].:lc pr%::..r%y ~.~ithin said City at
inta~os't tho, t nay aocruo upon said b~'~nds, as wail as ~o provide a
ln~.,mn~ fund for thoil~ final
SEC?IO1,T 48. Tho bonds herein y~rovidod for sh~ll in no ca,so bo sold
a greater discom~t thon five per cent of their pnr value, and shall
not bear a greater rate of intarost than eigh~ per cent per
payable soni-annually.
o.~md City Counoil~ as soon as the
S~,C..IO~-~ 49. I~ sh~ll bo tho duty of ~'~ '~
bonds heroin authorized have boon approvod~ to advertise the sane
sale on sealed bids~ whioll advor'bison~n~s sh:~ll be published once %
week for a two successive weeks in a newspaper Of ~'.:~oneral. circulation
published in Indian River County, ~torida, re. nd if s~..id bonds be not
sold pursuant to such advorl;iso~cn% they ~;la.y ]x~ sol~], at priv.~to sa. lo
at any ti]'~o ~%fter tho date advertised for thc reception of scaled bid~
providing; that no bo~.:.ds issued her::~undor shall be sold for l~ss than
ninety-five per cent of -~ho p~',r valu,3~ '~h,~reof with accrued interest tc
data of deliw'~ f~nd provided further that no ]~".nds shall ~a sc!d at
private sale for loss thzn tho scaled Dids received ~bherefor, and no
private sale shall be node of said bonds subsequent t~ thirty days
after thc: ndvortisod data for tho reception of scaled bids.
SECTIOn7 50. A bank or banks, or other depository to bo designated by
tho Council, shall receive and bo custodian of said bonds and all
_~ on~ arising, fron tho sale ~ -~ said bona' or bonds.
SECTION 51. Tho City Co~cil shall advertise for bids for work to
done for which bonds are issued, nakin~u contracts with the lowest
responsible ]~idder, ~]~]..,~ shall hinself E;ivo %and for th~ faithful per-
romance of tho work, but the said Council shall have the right to
reject any or all bids received; it shall personally, or through pro-
per agents, select all ~:~aterial and have supo~ision and charge of the
work for which tho b."nd~ arc issved, :~nd shall audit all accounts con-
noctod with such work, and pay tho same by check on tho banks or dep-
ositories handelinc the proceeds of the s~lo of tho said bonds.
SECTION 52, Tho entire issue of bonds, or such portion thereof as th
H~yor and Council nay doan advisable, may be sold and e'mvortod into
~:mey at once.
SECTION 53, In the event there is remaining in tho bank or banks~ or
other depository ~'~n m_~expended balance of nancy that was derived fron
tho sale of bonds after 'the work, the cost of which is to be paid
thorofro~.~, has boon co~apleted, the City Co~cil shall invest such
-13-
anco in such interest bearing~ securities as it nay elect to bo a-?roved
?.r the ?.~ayor, or deposit same a~ inter~st in an a;~groved de~oo~tory,
such securities shall be turned over by it to t;'~e City Tr~asurer or
other proper officer, and the proceeds thereof be ~pplied to tho pay;~ent
~f the bonds or tho interest thereon, ac directed by resolution of tho
3 ~->unoil.
7~ECT!Oi~ 54.. The adverse result of an election to detcr~.~ino tho ques-
tion of the issue%nco of bonds for ~-~ny one or ~oro of tho purposes
tioned in Act shall not debar tho then existing or any subsequent
oil from rosubnittin~]~ ~ho sa~e question to the local voters of tho City
after tho lapse az cna yo~%r~ but the question -~f bondi~ for any purpos..
not already vot0d ui..n% can bo submitted to thc vote of th,~ people when-
ever, in thc jud~[Tmeht et tho Council, it nay be considered advisable.
SECTI01~7 55. Ail the property within tho City taxable for State
ass~ssoa and listed for thc purpose ~'~f taxa-
County purpos,~s shall bo .... .
tion on tho City Assessment Roll ~nd tho City Ts~x Assessor shall pro-
ceed substantially in the sane manner 5s is provided by law for the
asse~snent of real and porso~.~l iroporty for tho purposes of State and
Ce~ty taxation~ and railway and r:~ilroad co~panies, includi~ street
r~pilways, shgli be subject to assessment and taxation on all r~al
<WhOa by them within the li~its of th~ corpor~a-
and personal property ~
tion, in the sane manner and gt tho same ratio and valuation as other
property, save and oxDcptin~% tho roadbed and rolling stock of said
railroad, which shall be assessed by tho State Comptroller, as provide
by l~w~ provided, t1~c City m?.y ~ke its own ass.3:ssnent of property by
thc n~icipglity sh~ll not be controlled by the valustion fixed for
Str~te and County taxation, but ~.~ny exceed tho same, and provided, fur-
"~'~ .... tho City Council shall set as a ~.. ard of Equalization for the
?ur?:~ae of oqualiziiii~ the valuation instoad of thJ ~oard of County
SECTiO~Y 56. Tho Citlr t'~x c..~lzcctor .~.~.~1~._ proceed with tho collection
of the City tG.xos substantially in the sa~.~o ~annor as provided by law
for the collection of taxes and s~l~s r.,f property for thon'~n-p~y~,~:~t of
taxes by State and County Tax Collectors. He s?~l! give all notice
required by l~w, s;:~d sell tho real pre, Dotty of delinquents in tho n~n-
nor provided by law, gad give to the purchoser a certificate substr~n-
tia. lty in the f~',rn provided ~3y l~w for State and Co%mty Collectors and
shall prepare in duplicate a reL~ort of t3~x sa!os of real prolo~.~rt¥ far
e~.ch year, one of which ho shall retain and one shall bo filed in' the
office, of the Clerk of the C~rcuit Court for tho County of Indian Riv-
er for record. At all sales of l~nd for unpaid City taxes,in tho ~bs--
once ?f ]~urchn. sors therefor, tho lands shall bo bid in ~Y tho Ci%~ Tax
Colt~ct.~r for the City, ~u~d certificate issued accordingly, Tho City
Tax Collector shall proceed with the collection of taxes ~'n~ personal
prop~rty, likewise subst:~.ntiatly in ,tho s3~no manner as provided by law
i'._r ~..,t....~ r~nd C~unty Tax Collectors.
SECTION 57. After tho review 'and oquitizatie:-~, of the City Assossuent
~.~..~ in ~.,, ch yc'~r~ ~,ae City C:~uncil s.b."'.ll dst .r~ino tho ~: .... . unt ,.~z :.ion-
::~y t? Io raisod by taxation up~>~ tho t'~'~'~~',~ p:~:'~,urt~-"~' ~ in ~'sr~c~ -~ ' [,_~.:,'~-~ ....
be, th ro:'~l~.a%:l~ pors~T'~t~ which an,')~t shall not bo nero than. twcz~.ty
s~'.n:~! 2roporty -,;q ,:,~-z~ t, zzy foro~--~n'~"~r~l,- City purf~:oses~ 10ut tho 0ity
Cc, tumil :my levy such ;~(~dmtm..'.n:.! tax or t~,xos as ~'m.y be nocos.,~:~ry z ~r
thc~ ~,~'~ot~mtion; .',~_... -J_r. ~,~ ~ (or) :-::.~intcn~nco ?f City buildix~.*is. .... ; fer
zm.~,.: ?rot::;~ction~ for City li~hting~ nnd for t.nc construct:L'm~ roi~rir,
i:~.l~rc)vol, zc:nt and (~r) ' ....... ~ ....
z~t~h,..nc~.. ~.,z stroots ~nd sidewalks; end a tax of
not t,:, cxc"cod two nil_Is ~n~ tho d,~l]_~r u]',on all ta. xn. bto property in s3id
advortiso:~.cnt of snid City ff~r ~'~a~ pyrposo o~ p~bllc amustnent, en~er-
~ain:.~ent, publicity and advortiscnont of said City. The City Council
shallL also lcby such aa ..~._c.,nal tax or tnxos ns ;~ay be necoss'~ry to pat
z_~r,~v~(~e a sinkin?" ' for tha pay~ent of thc prim-
cii.,al of ~ny bo~dod c:r other indebtedness '~f s'~id City.
SECtI0~ 58 Tho City Council sh~r, ll .h"vo power oy ordin~?.noe 2o provide
for tho construction and roconstruction~ r~',.~.,.ir,'-'~,' pavii~u~ and reDaving~
hardsurf~:cin.q,_ and r~.~:.' ~rasu~.~,~czn~.~' ~ '~ ' ..... ~f str:~ots ~ b,:~ulovards and ~lleys ~for
crgdinE ~nd rograding, leveling, laying and rc. la. viz'z~, p,.~.vzng and roim. v-
ing, hardsurfm, ci~% and ~ch.~rc. surz,...czn~ of sidewalks; :P~'r the construc-
tion and rec'-:nstruction of curbs; for tho c~mstructinn and roc:nstruc-.-
tion of drains~ ditchos~ sanitary sowers, stern sewers, white wav
lng systo:~s, and all thin(~s in tho nature .~.~ '~ 1.~c~.l' ~ inprovo:~ents; and.
f..,r tho i~ay;lont of al! or any ],art .of tho cc',st :">f ~?ny such inprovenent
by lovyinf~ and coilecti;:¥.j special asscssuents on thc a. buttinc, adjc~in-
ln~:,~ C '~r~'~m~u,-~us or otl-l~r Sl~CCl~,zi¥ l]e]~ofitod i,ro~erty, i~l proportion
t.:, tho benefits t:.~ foe derived th,~rcfron.
S..,CTIO~,~ 59. When t..x_. City Council shall '~ "'
d~t~:~r,,~lno t.'~ i-.lake a~y local
inprovonents as defined in Mection 58 ,:':f this Act .... ~.,d to defray t.no'
whr&e or any Dirt of tho cost or oxi:.enuo ~ - '
t,,.~:.~:cooz by special assossnont,
~" .... tn~ necessity for ~nd the
it ~..~ll so (...cclare by...-~z-~',(_z.~:~c~, stating. .
natura of thop~ ........ o~,~",a' z...pr."~* .'~vc.....~.n.t~-~'~, ~..,~ wh:~t p:~rt or proporti:.m of the
expense shall ','~,~ ~n~id~.. by special .o~= ....... ont, by '~ ._~et,.¥..~c said spec-
i:~l =~' ~ss~..~ont sh:~ll be levi,od it sh~ll bo stated in s~.id ~ "
tho t..)uc.1 ostinatod c~t ,,- tho i:.lZ~:emvo:~ont and tl~e nethod ,.:)f~ay:~on~
,,n~:. the nub:bar uf annu~i ~n,. u,.1.1. ~ents into which sgid
assossszants shall bo
~E~.~?~67_.u At tha tine of ]passin~ the ordinance her..,in before provi- ,
dod, f~-~r, there ~'~,~.,.. ~. bo cn fils in tho ::~ffico of the City Clerk plans,
s~-~ecifieations,~ cstinatos "o~ ~ ~- of t'.~,. .....
~°m'ro2'T 61 ~he o~dZnaneo ~hus adopaer~ ~' ~' be pub~shaa once
o..~ ......... bo co~:--~ifiec! to by tho City
who shall th~reui:,'m ?zoooed t~", halco qn ,:~,ssoss:,~en~ ~oll in
wi~h ~he nethod of a. ssess:',mnt provided ~or in said ordinanoe~ which
-15
assossncz~t roll shall bo coni~lotod rndfil,:~d with tho City Council
said City as proxptly as possiblo~ said ~ss~ssuont r.'~ll sh~.ll sh~'~w tho
_plots and l~nds assossod~ tho an~..u~t of' tha assossxont aLf~inst such
lot c'r parcel of land, ani, if s,.id P. ss..'~ssi'~oxt is t:~ po. id in
ien. ts~ tho ]!UliI. YiF '.~f Ri.I.lltlnl ......... 1.[:~bo int. which tlio,.~oo .... .~,~,s'lont_
~ ~"'~ e.~tcro~. ~2:la ~-'"'~ ............ . ..1!' but
than twenty ye '~rs.
SECT!O~T 62. Upon t~_o oo:'.]~loti~x~ ~.~.(' s-~idr~ssossnont roll, tho City Council
· :d~'~!l c:'u,~so ~ copy vhoA~f t<. "'-' ,. '
ou Du~}tishe'] ~'wo '6~:.~os succassiv~o_~y~ once
,'~ wook~ in r~ n,.wspsi.>eF ~;..f Sonoral oiroul<~tJ, on ]>ub!ishod in Indigen
· ],-'unty~ Pl~.)rid~ and in tho 2u:~l~.c~'.cl :>i s~..~c~ assossxen~ r~}ll tho said
City C'Mnci! sh'-.il cause, t': bo .~ttaohod to 1;he cupy of the
:roll -ouh!J. shod a n.>'hico directed to 2.11 property or,loPs iotom{bstod
said sssoss'.~on~ ,')f tho -;;i~..~o nm! pi~co w}~oro oo:.ipl:".in'hs will bo heard
~ith roferoiice t> said :3ssossi~ont~ :-',.:.~.d when said assassnont r:)ll will b.c.
finnily alT)roved aild c{"nfir~icd by tho CJ.t'7 C ,unoil i}S said City
ss r.n oquslizatior~ board.
SECTION 63. At thc ti~}.c and 2!eeo in t]'l<~ n~:tico ]irovidod fop iii
prccodinf_-; soction~ tho City Council -',f s~id City s~r-~ll neet ns 'w~
izins Ix'_mrd t'.~ .bant and ooilsi[lor flay .,n{% all co:.lplaints as to such. spec-
iai assossxonts and shrill ndjust ni~d equalize s:~id assoss_.len~s on
essncnts ~ha!l stand c-.~nfir:~c~d and bo -~nd rcnain local,, vRlid f.n/~, bind-
inff liens up.)n tho proporty %{.;ainct which s'-id ~ssoss:~cnts aro
'unt il 2aid, in accordanco with tho provisions o2 this Act; provided,
however, tha~ ui)<)n tho cc:.ii&otion ")f tk.> iiIzrt~vonont tho said C:;..%~- shall.
rob,?,'~o '~;i. 1]ho 'i;~wner c,f any pr<,porty which sh:,!l h~vo be,un spooiz'].ly
~,~a ~'~ any i~,~ Povoi~ont tho difi~PoP_co in tko ..... ~ ...... ~t
ally :.ia,!o~ appr<>vod and oonfirxod on,i tho l)roi,ortiana~o part ~,f tho
':otual cost of said in inprov.;nont t". bo paid I? special asooss~':nts
finally (lotorl'inod up <i -hl}.o oonploti.;>n ,.f said ixprovoxont~ 'hbo
Olqt J. Po f'.SSOSfi;iiOil~
SECTIOi! 64. op~Ol..~l a,s~oo~nt~ fop l'.,cal ii~provol!onts in sni(~
shall bc payable by tho owners of thc prr<._ orty assessed ft}r sa.id iilp-
revell .:nils nt thc 'tine cml in tho ~'-r, nor stipulated J.n tho ordin,~nco
providin~ for said inprovonon~s nnd s,.nid sixioinl assoss;'!onts sh<L7.
and i"oirtin lions superior in dij;nity t'~ all other lions~ oxcop%
for taxes, until paid, froll tho date ,...:f tho P. ssossxon, t upon tho
· ~iv{-,. lots smd parcels of land assessed, and sb~.ll Lear interest a.t a
Fate n)~ oxc:x)din:9 eight per cent pop anntz:~i~ ~.n.'l '..l~y 10o %~y ordina.nce
.If:{syonaid i.l~dc ral/al~to in oqupl yooP!y instR!l;!oxts~ i!ot exceeding
..~!thin thiri;y days SftOF s:~id assOSSZlonSs shall stand ailFoved and
-16-
SECTION 65. Each annual installment provided for in ' ~
zne preceeding
section shall bo ].:aid upon the d~te provided in said ordinance, with
intor'ost on ~.;J_l doforra,'~ ?a~nents, until tho ontiro a;~.~ount of said
'.',' '-~ ~')~;'i~~ a~'~ upon tho of any f~r~perty owner
· o.,-,-., ..... or any part thoz:eo:f, or r:ny interosi on
any annual ~n,~ ..... L1,,.~us due,
deforred payments, tho Cit.. Council of said Cit~' shall caas~ to
brou~fht~ the necess,;ry l~(rtl. ~:..r~"'~ ~a,-,-~r '.hn~;~'"--' by a b;~_ll in chanca~ to anfor-
" mnt ;_est, ~
ce paymant 'thor~_:oz', wi/;.~:~ all accrued ' -m'~ ~;ocether with ~.11
aosts incurred, includiz~L? a r.~asonablo solicitor's floes, to ~o assessed
as part of tho cost:;
~.u~.c~ in the :;vant o:g do:;';-tutt in tho ~.ay:.,~c:nt of any
~n.~t~..~ll~,~nt of a.~. assossmont, or Rny ?coru~~ l~t~r ..... t on s~id
beco}'aa due and -.-,:%yabla ;;~.: .~ubgoct to forcclosur~ In tha for:)cloauro
rosidant '~;,*r~]~'': '~ t2,'~y bo .had by ' ..... '-i ,~
pu;:lze,..~_'-,n a is providod oy law for
oth~:r chancery, suits Thc for ,el,'~su~.a ]:)roc::odi~q c~ ~ i)ro,~ocu
to n s~lo ,?.nd oonvoyanca ':,f the proparty iuvolv-,d iz~ said procaua._ng' ~',~ , as
now providod by l::~.~ in ~ ukt.::, to ~._~roclom:
SECTIO~ ~. Aft~.,r tha oq.uilizaticm, a?proval :'md confirnation of tho
lovyinf~ of sl,ocial as~oss:'lr:.:nts for local imz~rova:-.~.:nts by tho City Co~-
oil, and as s.'.,on as "~ho contract for s-:.id i~L.rova:,~an'l; or i::Lprov,'~lonts
has boon :n~n.r'.llz lo , ~,. City Council :~ray by ordinnnoo xscuc bonds
pled:'ji~[: the full f,-~it.',~. '~
_. ,~::a ora?it of tho City, to fun n:'.~ount not
oxcc~edir~f; tho to o~.l cost cz .:;qid ':" ~.-'v
l~i.~.~ ~v .... ul~ or J_i,lprovoments to bo
by s.]?ocJ_al assoss~lent, ;u'u:l tho ::otl,l,~.4~ cost of said improvm.mnt as
str~ted in t;m or ~z~ ~nao i.~rovidio~f for soi~ inl,row.~nent and tho levying'
'~].on i1~ deterniniD/ tho cost ;:f said i:';~, rovu~.m:,:'r~; and the said u~.:.,.u so
issuod shall be :..o:.~.c::,.'al obli:"f.:tioz:s of said City. And if si:aaial asso-
Council sh.';:ll 'tavy ,~.:.~:.~i c,)lloc% .',/::~:nst all l"~'~q;".,' .-,-, -. i.:ro':orty~ . ~ in ~..+'~; City
,;>c.;.o,.stJ. an t?.x si. if ....... ol~.;l.t 'c? _. m.:' such i':rJ-nci.i: ::Ci and o].1 intar..:st
tho :~,'~ im';~s~'.ooo.,.v.:.,_y "~' '":~ .... ':',
sh:~.l~ be ~xclu,.._~.(~ fro:,.:, any ]...i.n~.t,.~ti:~¥:~ of Londe8 :l~dabctc~nass prescribed
q."- ~ sh..~.ll !)o is~ua(' only
i~: tJ.:~ Act or -~,) .... m' '~:-:~',~ ]_a~ bui %he ....
~, -"i ? fa,,., ~ .~ . .
%)i~rov:~.l a.t an ::~locti:~ ~,~..; in ,:coot ..... r..c~, with the ?rovi~ions of Sac-
tion 46 of thic Act.
A].]. '~ ",~
,~.o,..~.~ issued undor tho ?r.':,visioi:~.s of this section shall
be o~dv;'~rtisal for s~,l~.~: nn -~r.~led bin. ds~ whic.h ]v,.r2 a~:~,.n~ s~nll
~.~"1 4~r,~f] , _ _. .' ~'- -~
~:~.~',.:~'~.~ : 01~0 ~ wo,..k foe tw-".; wooks ir~ :". rL':ws~:,:%-c:P o~ .o~.~.~,1
L,.,..~ ..~ ~iv,.::;' ('Joun~y~ Plor'i :'~; and il s-id ~o~ds
,.~ ~ ~ _~ ..: ~_ . ~ ' ....
not ~.,..~.: i~rsuan-~ ~ such ':dvart~sa~.io.ut tl'l(:v ~'~br I)o o~d Rt
..... .. ,dw .... + ..... 'd :.u,. t.hc; r,'.:aab.,tion of coaled
bids, l:ids, '.:rcr~':ndc~T "u.:.'~':i ,-.r'-, b,--.)~ds ]...:~su. od ho:.:. ::una,-:r ,~:~ 11 lJo sold for
Z~'~n~ ~hr:n ninoty-'f'iv('. _ ':'.-~..~ ~ cen~ of par'v'-~luo th':roof~..., ui~]'~ accru...d
~.z,:,._~ 1;o ..:,..~,,..~ n'~? d~;1. iv.:.:ry~
· ~ ....... ~ ... .-'.n(] prov~d(~(~ fun%her ~ha% no boncls shall be
-17-
sold at private sale for less th',:,.n the bast sealed bids received t_here-
for ,.':nd no priv,-~to sale shall be nc. de of s~id bo;¢~ds subsequent to thir-
ty days after tho ad~,';rtisod {'ate f¢,r the r,;ception, o~ sea-:led bids.
Ail Lon"s issu.;," for local ~,n.;.,ro~emon~s und,3r this section
s].r,.ll be in thc donouination r~f One Hundrc,i Doll?,,rs or some nultiple
n~ and shall boar inter.',st not oxoeedin~ six per cent per
thc, re,,~,
i~nya, ble annually or ,:~o~.~i-a. nnuatly, and bo~h 2ri~r~cipal and
sh~ll be 2ay:~.blo at such place or places ,as theCity Council z~ay de2er-
nine:. Tho for:'~ of such Lcmdn shall be fixed by ordinance of tho City
~otmoil, and ~"'~ ~- ~'" ~''' .... --
......... ~ o...,n .... ~..~_li be un~.~,m tho ,~o.,1 of th.~ City of ~-~"'
a.n~ and shall bo sif. jnod }y the N~'~{i)P~ countorsicnod by.'the President o:~
the City Council :-:'~n:] 'attested by the City Clerk, with intere~/.t
ett:~ched which s]r:.ll bO sic;ned ill like aa. neet, except tl'lnt such inter-
Mayor, President of 'N.k.~ City 0ou!ioil ,-nd City Clcrk~
Bonds issued hereunder $~lall have r,.ll the qualities of negotiable
under ti"f} law norcl.~srit and sh.~ll .!'iot bo inv{-'.lid fro;.1 any irr~:~ularity
or defect in the proceedings for the issue an.d sale thereof and shall
be incontest'~blo, J.n %h.e h"u~ds of ~.}~n~'~ fido perch.':~sors or holders
thereof fop v.~,l~c,.
SECTION 67. If any s}ocial assess:lent nade t? defray thc whole of any
part of local J.~z]2Povo:~ents shall be either iR whole or in p(~.rt annullod~
vacntad or set :',.side by thc judfllnent of :my court, or if the City Coun-
cil shaI1 bo s:-:-his~fJ_ed that any such nssossnent is so illegal ,"~nd def-
ective that the s;:~o c~'~nnot bo enforced or collected, or if tho CiSy
Council shall h{~vc ozlittod to make such cssess::..~on'h wl~en it ~liCht have
done ,so, _,~.,.~ Ci'hy Council J.s her ~.)y .!uthoriz:":::'l .:'n,q rogp. irod t~', t~ko all
a. ssess:~ent sh"~ll. ]}c
local j.F?,l.ro~ollOD_'hs shall constitute r~. fuel fop th.a pay;.zon~ o~ princi-
pal. and in'heP,.~s'h el' 'N"~.i~ ]~onds r~u-hh, oPized l!n. dor this Act, "~nd in tho
event tho)'"o bo ,-~ 1':tilure to collect as~d i-'oc;.:ive said special assess-
men'ts in season f;o l,_*ay the principal and(or) interest of f~aid bonds,
the City Council of ssi{ City shall lo~y end colloe~ on all
i:roporty in said City a tax sufficient 1;o ic.Y such principal and (or)
interest, as has 'been heroin before provided.
SECTION 69. The City Council sh?.ll .h::~vo tho power to pay out of its
purpose, such bonds for the cost of ~'ny local lnprove~lents ::~,s I$
deez prol.,or~ "'.lid intc}:~ .st accruinc while ii.l].,Povoi.leil~ sro Ul%J[oP con-
struction and fop six m~nths thoPoaftor ~',nd 211 cn{'~incoring ~nd inspec-
tion cos~s~ includin[,~ a proper proportion of the coni.,ons~tion~ s?~laries
and expense of e~inccrin/.~ s~aff of the City properly ch'~rCo~bl~ to
such inprovemants~ and all cost and estinated costs, includind~ attor-
-18-
ney's fees, in oho issuance of bonds ~,n,~l! o_~ doezaed and considered a
p~.~.rt' of thc co~.~ ..... ~.,o, of such inprovem'nts.
,~.CCTI(.~.., 70. Any ln~_o~,:~lmt.? or zrrccul:~rmty -~ th:~ proceedings in con-
nection w..at~_ ~,,~ levy o_ an~ special ........ . .......... nt
-n~-..~l'. ~' ] not affffect tho ~' ~ '"' ' ..... ~
'lx~en. confirm:'~d by %h~ Ci ..... Co~aci~ ..............
. ~,c 'n~'] t~ '~ .... e.'~snont roll &'~,s finally
~pproved and con~_r~,.~. ..... ~,.~1 o~. co:.q~ t, nt end sufficient {.vmd~nc,~ that
tho ~',ssnssm ~nt ....... 'was ~ul,z levied, that all oiA.lcr [}l~OO-~.:~.:{~=I~{ s'-: ...... ,'d..,~.~.t~ ...... ~ 2o
tho adoption ~f tho oa_~.~, as~.~.~ss.aont roll~ wcP. ,..~ulv hP.d~ tn] ...... ~ and
...... ~hzs ACt ~' ' '"
porfornod , ,~ ro([u, irod 'oy ..... ~ ~ ~..n~ no v.:x~ ..... c~ ~,:ro~ t.m~ directions
hol,_:.u~lc~:~r shpl! o~ .~10~ i:l~lt,'~ri~-l]. ~E~]_O:i:S i"t o,s clearly shown tha~ '~he
party objootind was :latorially injured thereby,
~ ~ ..... , n,,.,w~ power by ordinonco ~o pros-
,~ECT.~ON 7~. r0h" Cz~y Council ~"~ ....
cribe th~ width, lc, e~'tio~:~~..~r~{.~.~ 'and ::.:~..tol;'ials of wJlioh streets and
~m,~c~ .... lko shall bo
SECTION 72. It sl~all be .... '~ duty .of "{h~ To~ ~ .......
tax~tblo i~rop:~erty~ both r,.~al and peps }u-'l,~ within hhc c._~r~,.or...t~ limits
of 'tho 6mty. The ..': ~nn~'~r in wn;~c.:~
deter~,~incd by ordinarco.
SECTION 73. ~'~'--.~.~ Tnx Collector. shall collect ~11 City Taxes and shall
perfforn such otb"~ duties as nay be prescribed by tho City Council.
The mu~ncr in wRich hc sh.~ ;.I porfor~:~ his duties shall be deterninod
l}y ordin:vnoe.
on ,~ ~ ' .....
~'~" Ol,,y of 8el}astian shall
~ i ,.xf _ o tie O''~ ~r., shall be a.u'h~oPJ_zod ~o
thc .~.iun-cipa,1 C,,)ur'h ', ~ pz ~l~y Council. ~; ....
.77.~.._~__~, .vmto H,_~ s~,.ll perform such o~heP
o, ~ e~ .... ".lid 'la. It': ~' '~ ~' ' "- ~ ' '~
duties $ ;'r'.y ?:~_, pr~.:ocrs,_,~,,.: ,,~.~,.: City Council. The nnnnor in which
h,. o:.~.:1! l?.'~r:'~or~:~ his ~.u.emuo shall ~e detornin~d b?- ordinance
o'~'~,~Ta .... , ~h, ,11 bo tho of~.zcz, t.1
,:>.~._,o_a ..... t'.', 75~ Th City Clerk, .'a~ City,. .,~n'~"':~'~"~~.~ .,, ,~,
eustodi:m of all -~-~'":' funds of ,,l.~ City. Ho sh~.ll doposi'~ Ci27 funds
...,~,c ]0Rnk oP ]o~n]cs ~ts tho City' Ceunoil. mn}f prcscrih:~. }to shr,,ll pez
o2~ ...... · du~i.:s s ~ho ~"- Tho in
formo~-"c.,.~ ~ ~l OOU_ZlOJ. 1. . 2i.'y~.-r~P"SC- l t~}~..
which ho shall ................
~.~_,r~ those duties shall be determined by ordinnnco.
'-~, o~ Chief c~f Police of the City of Sob-
SECTIOI,7 76. T.~N~ Na.rsh:'~l shall '-
astir-tn. It shall bo his duty to attend all rocular
in~is of tho City Council:~ %o aid 'in ~2k, on~orc,~,~unt order und :r tho
direction of tho presiding officer:; to execute tho co:re,rands of tha
Ha. yet and City C~-~uncil l['r:.~'~ tine to tiu. o~ and to execute any process
o~. to_~ Nayor or tha City Council~ ta attend tho
issued ,.y authority '~ ,
. ~l .... sittindfs-n~' to execute its con~.m.nds; ~o
Hunicip~l Court durin.~: .... s .
t~ .... ~.zz~ under
,.11%~ ('~PO{.~f!.]i].-6 .~Z OI'(16}1' -~'l ...... ~ '"
Hn. 3ror~, "~nd to l:.,<~rfoFz suo:~ el;her duties os ~:,1'-'(7 bo :alpropria~o ~o !is
o_~ J_lO:.2-°'"'= "l.ll'kd{}r -b'~,f~ ].,Peri"'% o'"' "o._,..~.,, ,~¢' lg.w ~.S roc].uirod ]}y ordinr, nco. .He sh",il
hnv(3 O()l].~Pe~ (}f -h~lO police x,:.~rce~ uoo,.,ct q;o tho
-19-
and City Council, and shall have police powers oc m~ke :-:Prests for any
violatior, of the lawful orders of tho Hayer and City Council. Ail
policemen al.~.~ozn~ea by thu Hayer shr~].l be cel~uties of the PIarshal and
sh~ll he. ye tho_ , sq.:.R:: a. ut:hoPi~y as tho ..,~,{.'~.':~'..~,n~ ,,_ ~. ~, but suf,joc~ %o his
direction and c:.ntrol.
SECT]iON77. Thc. H,,F~.~._,..t ~dk.ll have power and authority t,.~ inxodi~rhely
arrest ~..nd 'hr~ko J.il~O custody, wi~h or wi~h(RAt worra, nt, '~ny 'person who
shall oo','u~.:l.t~ 6z._] .... "!'elm oP r'tt G,t t~ c,{,~..,~i~ J_n his presence :3ny
proNi]}ited .... by. oPdinanco} and he s,h~'~,ll wi. tl'l~u~'m~e~'", - ~'',- ~,ry~ ,~o]~v, ..... ~ upon
~'t~l~ils''~ such ,rz .... t~ convoy t','~c offender ' ~-~ ' "'~ ,'"
wi~h aocordins -Ni;, la.w.
SECT!O~{ 78 The }hrsh, a.1 ~-nd .... ~',-~ ~,
__~ ~,~_.~ur,~ of tho Police Poro<~, in addition
to tho ].>ewers. incident to ti'}.oiP olFfice ~.n,.~ rts hop(lin (.~.ol~"~"?n:~"~o.~"~ ,.,~_~..~
]'2cse~ the e,omnon law ~- ~ .
.~.:~.~ ststutory ~u. thority of constables, except
for the so.ice of civil process.
~ ~ "1 ~ ' ','~ ' "
pE~TION 79 ono.~la any elective or al_.~..o~nt~a of'fleer provided for by~
this Act, or b~ ordinanc.~, .~.~zl to ~{ive bonJ ~s roC[Ulr~.~d by ordinance,
within thru t/ d~ays ,'~ro~ his election or a..p'..'~irrh~..ent, ~"-~ office shall
bo declared va.c~",nt.
,SECTZON 80. No suit ad'ains~ tho City off Sebastian arisi~ ffron
cla. i[l or ~e_mmd of h ....................
such olsix was pP~.,c,:~,~..l to 'hh.e City Counei! of s~iJ City within sixty
days aft,}r th(~ ti.'~ '~ %his .Act ~.:k~o effect or within sixty days after
such ,-1]n~, ..... ~..~l elain o..roso r"[llaist s,~.i,~ City; '-:n~ no ,,:,UZb or proceeding
at law oP in oznity shall bo ~,tain'N'tined on Rll3r such cloin, d,,~.~N.n' or
of sane tn i:h~,, r~.~ ~;ounoil _z said City.
. ~t~.z}~r r'~ ';he City Council ~'~-""~ ~ iall ~o ~ttend
oECTIOr 8~ If any '-~r~ .... ~ ..... ~ ....
:~.c. tz]<..,s Of' Sri.!d City Council z~ ~r consecutive .,.erior~ of
.......... "' - t~l.s Oou21, oil '~"!"y }o declared vacant
theN. tho ozz, lcu of s,'~{[ ~,~o~,~bcr of '~"
by :'I '~njority vote of tho Council.
which ho shall keep. ~. ~ list of all cur, ti'Fled ..... votoI'S. I{o $11nll opeN,
', 'stP-, '-n
~ed{m" ,.tm, o books thirty drays ?a.ior to shy election ~nd close
~1 ~
S~.-~l!O fiv'} ~ S 'tho
ay, prior to election. He shall perfor~.~ such duties as
nay be prescribed 1oy the City Co~eil and the harmer of perfornance
~ -~- 1 ]0~'~ ordinance.
of his duties ~.[_.~.1 ~ fixed by
8ECTIOi'~ 83. Tho City Co.oil shall h{'.ve power to provide by ordin!Rce
for the i)propria~ion of ~,loney for thc prt3rL~oilt of tho "~ ..... "~
expenses of tho
-20-
SECTION 84 Tho Om% Council shall fix by ordinanc..;, frei tiP. e ~o tine
· .'7 .?' ~ .... s a: C.' 1 oy o c s
tho ClZ¥ O!iS2,~!Oil Of t2, ll City q','-'l~ nRd .
oil q,nd ,-~:~ ..... ~r,v,' ' by "",,nu" iT:':,y_~r' ~ n.z~ ~" .... ~.r~ boo-.xr.'~e - law wAShout Zbr',..~ n.'-.proval.
pos~J_nZ o.~i.d ,~7.dinan. c~: r',.t t~u 'lc, .r :.'.~i' 'th~. City Hall, or C..)uncil ~--'
or. mhc. City Council' nay diroc'b tha~ such ordim~nco bo
.... ~..v,. pow'~r for 'th. pur.7,oso
SECTION 86. T].~ 8~'oy Council sh:'~ll ' .... . , .
inC aurrc:.nt~x.~,_n~" ..... ~- ~r ,~., :;R.~,::~inc any u. noxl..~ect,.~ expenses, to b~}rrow
llOn{..~ ~"rox tii. l.~ 'h{} '~i h. 9ii nocotif"bl,a not;,s !~!~llFil'~ in not
...... 'n .' .... ' ~ .... "e:i;'.,,~l ~ pOP
yanrrx ,.r'tor d~'"~('} ;'~2 P.!te of ~,.. ~ , ..................... ~ _.
per o.~ntll'lt pa.yn".].e se~i-annu{~Jly~ ?rovided '~ow~vor ";~,:t t}v~ tnt'al
. ~ ........ t ·
l~de]}c .~dl].(:,.,~ :.~, ~2,'~.v {')R~} "hii~() 'l,ll%(]~.,l'I~ 'k}iJL; S{2(}-[;j,r)]i ;~}:"kl]]. NOt
Thou ....... '[o'Llrhr[- /'.}50,000~ ?% -;.'x~ 'borrow.){~ unrlor this
sec'hi, oil so .s '~, iip'~-~ ..... . · ,,4.~.~ .. -
~/., t~
assessed vnl ~'-,';';on el th,... 't."xabla Prol;>or~y o:..? s ].: City
current -',~' ' ..... po]il. }-"~. ~,.ooi:' nn({ ~b.:2
C1 ,,j ~-" "
" ' "-'' ...... ,,~,.:.. for ~..~,.
r;la.~urJ.$y-bhoI'oof~ t~icJ:: t ,.":. sha].l ]~...' ~"'v~ "d, ,!s .... ~,s.~ '711{'_
~'~I~ 87. The Oi%y Cou.:~ci_l is authc,rized 1;_, issue .qn('l soil J. ngeres$
.'?.n {~!:lOlUlt Ilo~ OXOOedJ. N.C One Hm~dred Thousand )}olio. rs (~100,000) to bo
ou~ot3ndi~",,~-' at .... ,'xr one ~' .......
......... ...,..., ~4u. Tho City Council shall proscribe
' ' T~ City .... ounczl
denominn.tion ;u2d (..~c of ;;.:aturity of ~ ' ~ ......~'~' ~'
~.~ay,,',':], ..... ~ such warr.'~Rts at private s :lo, ;;,rovided they.. ~, qre not so].d :for
less t.hr~.n pnr~ or said wr,.PPnn-i;$ ~tny bO so!d. ~0 ~h.': hiches~ bidder after
.- '""'~ .... ~-" publisho'I in
advc. rti,.~.iK, nt f'u~z' 'hwo successive weeks in
In(.~l.l~. Niv 'P C.o~ln-hy, P]..;'riC_qs provi]o{~ thnt no rlucb tine w;"'.rra, nts shall
be sold -r ,r lo;ss ~hl"q'~ nine-by-five pop cent '-'~
71 .... >~ l':c.r plus aooPu}d IR-boreSt
to date of deliv~;Py. No ~il-,lO woPr:p.n~$ provided for b. crein sha. ll
issued so as to increase tho indebotodness of sc:id City~
~O~ClS~ o'~l%s~an(~in{~ %J.;;to warronts, and ~otesJ '~C, :~OPa than twen%~-flvo
]}orconl of tho ",~,o.., ,~..~, ve.lun'~ion of lb.~
_ ,t,~,~.,s,~ ~ax,..~ol; propor~y of said City
as shown by 'N.]a current assossnont roll of s2id City.
Tho procoo~s of thc. tine warz'an%s providod fop horoin shall
mO! '~h..) iMP/,oso o'[' rei.:,airil%~l ' ~ ~.ls" ......
works .... ~ ', -" "' ,
cons~ruc'l;iryj, .~....iPZN3 9J!d (Or) main~ninin{~ puolzc p:.'.rK,_,
ellrlcl.l}S} '?nF uzl,, i}url')0so Of ~"' ' .... ~'
-21 -
pose of constructing~ repairing sod (or) maintaining public buildings;
for the puri)ose o:g refunding any indebtedness of said City; and for
'any other m~icipal purpose.
The City Co.oil ,~l.all a~s~ss and lo~y ~, ta.x uion the
property in ~ '~ ' '~ '~' ' -. ~.- . .
. o,..~. City ~or tho purpose of ootazn~hs znt~_.r .... t and rais~nc
a sinkin,~ i'~d ~.o c,a .... pay~uent of tho tiros warren~s providod by this
Act, which tax sh::-,.ll bo levied~ ..... ~....s~, ~ d collcctod annua, lly in the
sa. mo ~a]~n~P as o"~ho~f ...... o:nXcs.
,:_~C_~_tOI~ 88 Tho CzZy Council shall haw:~ ~he pmmr ~o royulJ~'~
and prc, scribo by ordinaries the nnxi~um ratos ',,o !')e char,..,~d by all
au~onobilos, ~axicabs, jitney bu,:~, or wh<.~ol cha. ims c:'~z, ryind' or
port:).nf~:~ ~., ~,=,.~,."~c-.. .~........,~-," .... o for hire within ..... th<~ City.
SECTION G9 Tbs r"."itv Council shnll have powor by ordi:'.o~cc to ref~l-
ars "u¥" control -[:.~': uts:,, <){' all s't:ro,.~ts, ,;~'Ll,".:ys, pulolic w',ys ,,"rounds
or othc, r-publie .propor'ty by ,:,ny p:.,rso~.~ firm or corpoz'~ution in tho
.... ~ ~' )t'<t(~P ......... ,~ [.,- ~' .....to r,~ ,,'~]..' .... )lid
control -N}.~"~ placJ, n~ :"md ~io. intol'lOaioe in any stroot~ all.<:y, publ~.c
~...cp~ and nain2...~in,.,d in o p!'oper stat..~ oS POi,,(!iP
o~ ~+~ of said City by bicycles~ automobilos
d~rounds or si:heP public ~ r_p~.~ ~
· 101 ..... or .,~ ~.o,qtn~j~ dPivo~ or
a. nd proscribe tho width of tiros of all voTM '"~' .... ~ '' · ~'
oporated upon '~.ny stroot, alloy or othor publio way or said City; to
regulato and proscribo the kinds of tires whic!~ I.l~y bO
~,_)~ ~ ~pO~ ObltO-
nobiloc and othor ~.~.otor vohiclos or r.m. chinos drivon or operated upon
any stroet, alloy or othor public w%~ of said City~ and to roquiro tho
uso upon such vohiclos or ~mchines of .such tiros as will do tho
~ ~-~ ~.~' ~ ~, injury to-'-~ ..... . ...... ~ or public
ways of said City.
SEC!i0i{ 9~. Said Clt? shall have full power and jurisdiotio~z over~
a~ld --ho. City. Co~cil zlay'., by ordinaneo i_Iovmde'~ · ' for ~..u", ', i,ro~eotion~ sa. re
and control of, tho waters within the City li~,lits~ to keep pure and
clonn .~:ny body .J~. wa~er fro~l which th~ l)ublic wato~e SUl~/!'}; of tlR}
City is takon~ ~o prohibit the aul.4.1~{~ of filth~ dirt~ ~ ........... ~.~
trash~ roSuso om othor thLla)~:~ in tho wa-tel' within 'tho Ci~y li~.~its;
liconso~ ~{:lovomn~ rc{fulate oP prohibi~ 2he i)orm?.nent o. nohora.~.:~e off .house ....
'ooa~s~ oP D'~hor boo2$ ,ir vossols ill the Indian llivor within tho
ll~.=lS~,.~ is rof.;ul:.!'~e or prohil)it the use of ]}oJt-;iw:':ys or oo~ty,:,,las with-
in tho Ci%r li~,li~hs~ or resteio~ their use to any poP,ion of said City~
-22-
to control, ~a~sge smd destgnnte the use of all docks, wharves or piers
within the City limits$ to license and control ferries landing with-
in the City, and all bridges wholly or in part within the City, and
to erect a se~wall a. lon~ any po~ion of tho w~_~terfron within theCity
limits, and to erect ~nd const~ct bulkheads and causeways alert7 or
over or across any waters within th~ City limits.
SECTION 92. If at any tine the City CoLwell shall deem it necessa~
or expedient for th(~ prose~ation of tho publ~,_c heslth, or for any
other good ro~sor~, that any lot, parcel or tract of vacant land then
lying ~nd bei~ within ~ ~
~.~amm City, which nay be lower than any street,
streets, ~venuc or Du~l~c way adjoining the s,.,~e or the cra. de estab-
lished therefor, or which nay be subject to overflow or to the accum-
ulation theroor~ of water, should be filled in, or ditched or drained,
the City Co~cil sbail ho,ye i~owor to diredt and require the owner or
owners of said lot, .p~..~rcel or tract of vacant land to ditch, drain, or
to till in tho sa~.~a at such qrade ~s tho Council sh:~.ll direct. Such
notice shall be {~ivc~a by a resolution of the Council, a copy of which
shall be sewed upon tb.~ owner or owners of such lot, pr~rcel or tract
of race.mt land or upon ~he ~.~ent of such owner, or if the owner is
non-resident ....
~..~,,~.~ c~nr~ot bo found within tho City and has no known
agent within th~: City, a copy of such resolu'tion shall bo
once each week for two consecutive weeks in so~..~o newspaper published
in the City, '-'ouch' posti~g upon. such lot, parcel or tract of vacant
land shall be deemed sufficient. If the owner or ~wners shall not,
within such ti~;la as such resolution shallprescribe, fill in, ditch
d~ain tho lot, ~'~=~]
~ ........ or tract of vacant land ~s th~:rein directed, it
shall be lawful -for the City Co~cil to c~-~use the s~.u:~e to be done,
and pay therefor, a.~0_d to charge ~ssess and collect the expenses
gggiD, st tho sai~] lot, parcel or tract of vacant land and ~ga. inst the
owner or owno%'s thoz, ooz.
All the provisions of Chapter 9298 of the laws of Florida
~elative to the making of said assessment and prooeedin~.~s subsequent
thereto, notice to hear complaints and action th::~reon, and the e~fect
thereof, shall bo ~'tpplicable to and may be followed in making ~nd
enforcing the assess~lents authorized by this section.
SECTION 93. The Cz y Co~cil shall have power by ordinance to re~l-
ate, suppress or prohibit the blowing of whistles or the msH~ina' of
unusual noises by any endfine, locomotive or t~ain within said City~ to
limit and regulate the rate of speed at and manner in which, a~ e~-
ine, locomotive, train, car or cars of any street or railway
vehicles may be operated within the City l~its; to require that no
engine, locomotive, train, car or cars of any street or other railway
company shall block or obst~ct the passage of persons or vehicles at
any street crossinc or other public crossing in s~',id City, and to limit
the time that any en~/~ine, locomotive, train, car or cars nay stand
upon, obstruct or block any such street or oth~:~r public crossing~' to
require :u~y stroa$ or other railway company oporatin[f an? ~ngine,
locomotive, train, car or cars, in or t.heo~h said City, ~o i~rovide
sub-'~u'ade crossinf'fs or 6~ates and stations and keep watchmen at such
public crossin~Ts of such railway within said City as tho Cit~ Com~cil
nay desig~ate by ordin~.nco, and it shall be the duty of such wq. tchmen
to care ~or and protect the public while passin~ over or usin~[~ such
'arrack or trncks~ a~d c;~ch day or portion of a day that such r:.~il~.~ay
company shall fail or refuse to provide d~aros and keep a watchman at
such crossing, s; so designo, ted shall co:astitute ~'~ separate offense, :'~nd
for ea~ch such offense such co~'~pany ~ay be punished by ~ fine not
exceeding One Hundred Dollars, and the judgment or :"~entenco therefor
may be sued upo~-~ ~ond recovery enforced in any court of th~.~ 'st~'~.te of
competent jurisdiction~ to require any street or other ra~ilway co~.~pany
doin~?f business within said City to eden, establish, pave or brid~'~e,
maintain ~vnd keep in repair a proper crossing, either surface or sub-
grad~, for the pass~Uo of persons o. nd vehicles over and upon its trivets
at ~:.y point wh~re any public street, avenue or other public way of
said City m~-ty now or hereafter be located or establish~d, and to pres-
cribe t]~-~t if such railway company she. ll fa. il or refuse to co::~ply with
the provisions of ~'~ny ordinance or resolutio~ of the City Cou~ci].
ordorin .... ~ho o][:~onilM)~, establishing, pavin~[:~ or brid~2~in~T, :,~",.int:~.i~.i:.'~,~ or
repairing or such crossing, S.', within such ti;~.~e as ~:.~ay be prescriw:~d~
the Council or ~ny person authorized vY it, n-? open, establish, plaice,
pave or bridge, ~aai~tain or repair any such crossinff and the City sh~.ll
pay for the sane and shall h~ve a lien for the amount so paid, which
lien may be ez~forced by suit at law or in equity, or tho City
~::~aintain its personnel action against such street or other railw~y
a. ny to recover s~,.id ai.~ount, or it may enforce its lien and a~so
tain its personal action until actu:o, lly paid the o~mount due, and the
same remedies ~..~y be pursued and enforced in any court of competent
jurisdiction.
o~.~C~.~...Ol~ 94 The sand City of Se~ssti~n shall not be liable for per-
som~l injuries due to defective condition of or obstruction in its
streets, public th~ro~'~hfares, public buml.~mn~t~s, or parks, ~or for
~-~isfeas~nco, nonfeasanoe or malfeasa~0.oe of its officers or
no~ for ~ny ~ct of any of its on~,loyees, whereby throu~h the act of
such o~ploye~s any d~.~s.U~~. or injury ~.~.~y be done or c~used to the p~rson
or property of a~aother.
SECT!O?~ 95. That in addition to the powers herein before onum~r~ted,
s~id City and its officers and employees shall hcv~ all the
and perform all the duties conferred or imposed upon cities a~d towns
o~ tho State of Florida and offic~rs and o~ployees of such cities ~nd
-24-
towns 1oy the rTeneral laws of Plorida now in force or hereafter to be
enacted providing for the government of cities and to~zns, not incon-
sistqnt with 'ch~ provisions of this Act~ and in all matters of pro-
ceduro n_~ conduct fortm:~ exorcise and perfor~',mnce of such powers and
duties, the general law of the State relative to mmicipalities shall
dfovern~ except where othe~ise es~ecially irov~aed by this Act, ~.nd
no sT~ocial power her...in 6~antSd shall ~e '
consv~ea to abridge any
general power f~iven hereunder or under the L~eneral laws of the. State
of Florida.
SECTION 96. The City Council may adopt a resolution directing and re-
quiring tho owner of any lot, parcel or tract of land fronting or
abuttinf~ on any street, avenue, alley or other public way to construct~
~uild or repair % sidewalk, foot Ir~ve~ent, curb or gutter, or either
one or ~oro of sold improvements thereon, to be built in front of such
abuttinc~.vrooert~.I ~ y, and upon a credo, and of such materials, width and
other '~ ~ '
dL..~,.~nsmon~ and such manner as the City Council sh~ll direct.
The said resolution shall fix a ti~e within which the sr;~id work shall
bo'-done by the owner, and n copy ~f s~id resolution shall ba sewed
upon such owner or upon the acent of such owner, or if tho own~r i:~ r~
non-resident or cannot be found within said City, and has no known
agent within "2zc City, a copy of such resolution shall be published
once e~ch week for two consecutive weeks in sene newspaper published
in s~'~.zd City, and a copy thereof _posto.~ upon said lot, parcel or tract
of land, n.nd iZ~ no newspaper is published in said City~ such post-
inu upon s~id lot, pr~roel or tP~ct of ]_und sh'~ll be deemed sufficient.
If tho owner or owners shall not, within the tine fixed by said
resolution, build~ construct or repair such sidewalk or foot pavement~
curb or Cuttc. r~ or either one or ~.~ore of said improvement in the nan
nor and as direct.od in said resolution the City Council ~ay o~'~use t?.
same to be done and pay therefor, and ch~rge, assess ~nd collect ~"
expenses thereof a~lainst such lot, pa. rcdl or tract of land, and a. CaL
the owner or owners thereof. But nothinc in this section shall be
construed to be in conflict with Section 85 et seq~ of this Aot,~but
both exist as c~ulative, ~nd a..s independent ~.~odes of procedure,
emtn~.r to be followed in 'the discretion of the City Council.
Ail tho provisions of Chapter 929~ of the ~..~.ws of Plorid~
relative to the ~.~tdcinA~ of said assess]?~ent :~nd proon~r~'~
thereto~ notice to ]:!e~r co~,~i:~laints ~,nd action '~'.~.ereon and 'tho effect':
thereof sha. ll be aplq. icnbte to and may be followed in ~:akinf~
enforcinc the a~"~'~s,.~.~,,nt,~~. ,.~ .... "~ ~' authorized by this section,
~ml.,ast~,n shall end on
S FY9 _9!- fiscal yearn of the City of ~ ....
Oc~obem 31 of e~.ch ye:'.~ and as soon ~h~men..f2er ss possible ~he City'
Oounoil shall have an audit ~'~u~do of all 'hb.o books of tl%e City of
S,"'"," "-, and ~' conpeteRt accountant or firm of nccountr~n~s sh~ll
t~e ck',~floyed for this purpose.
-25-
pECTIOI{ 98. The City Council of the City of Sebastian, Plorida is
authorized to issue na sell bonds of s.~id City in an ,'.:~.~.ount
excoedin~l ~5000~000 for the purpose of refundin[; any bond~ note~
certificste of indebetdness or other obligation ~or the~..~,~'~,y_.~n. ~ ~ of
which the credity of said City is pled~,ffed, or the credit of th~
?ality of Seb'a ..... '
,~an abolished by this Act has been ploddfed.
SECTION 99. That upon dotor~,~ining to issue such bonds the City Coun-
cil of the City of ~~-,~ l, lor~a~, aut~orized
............... , shall be ordinance,
~ the d.?te thoro
tho issuance thercof~ ?rescribe the form of said bonds,
of; the rate of interest which the s~%~-,~e shall bear, which sh~tll not
exceed six ~oercent per a. nn~$ and the tine of maturity.... - y of said ~oon~,=~
all
c~ said bon~s shall be in denomination of One Hundred Dollars each
or some multiple thereof', end the s~m~e shall be si'yned by the Mayor,
countersif:~ned by the President of the City Council, and attested by
the Cit? Cl'~rk, with interest coupons attached, which shall be sir:ned
by the lithographed or f~.~csm:~ml~ signatures of the sand officers of
said City.
~E~T~ON 100. That bonds issued ~der the i:rovision of 'this Act shall
have all thc qualities of negotiable paper under the law merchant, and
rra ~, ·
shall not be invalid flor an~ i ~.~ularzty or defect in the proceedin~!:~s
for the issu~nce and sale thereoff~ and shall be incontestable in
h~nds off bona fide purchasers or holders thereoff ~or va. lue. Delivery
off any bonds or coupons so executed at o..ny ti~e there~'~ff~er sh~ll be
va. lid~ altho~:h beffore the d:~te of doliw'~ry tho person sid~ninj such
bonds or coupons shall h~'~ve ceased to hold
:~CTIO~ 101. That it shall be the dutY,., of the City Council of t'~.~.~,. ~,
,~zty of Sebastian ,'-:t or before the tine of m~.:suin,.-~ ~onds hereund:~}:~ to
provide for tho imposition and collection annually of a tax in excess
of all other taxes on ,-~ny property subject to taxation in said City
sufficient in a~'~oui'~t to fay the inter~t:~ '-" on such bar, ds ~.n~,a ' thc prin-
cipal thereof as the sane respectively beconase due~ flotwithstandin{l; any
tax rate li::~ita, tion for the pay:~ent of such indebtedness refunded,
suc~,~ ta:,~ to bo levied and collected by the s,'~ne officers at the
tine and in tl.~_~:~ s '~ne k.~azu},er a.s d~fencral taxes of the ~m~ioipality.
SECT!O~¥ 102~ The bonds herein provided for shall in no ease be sold
at a greater discou~_z than ~..~.ve ~-~-.~' ~. and it
~.,~r cent off their '~_ar value~
shall be the du~y off the Ci%~ Council of sai~ Citl~, a.s soon as i.t shs~ll
authorize the issuance off .~on~ of th~:~ bonds he:~ein ~rovmded~'~ '. ~ for, to
offer tho sa~;~e for sale by a~]vertising the s~....~ flor s:'~le for ~wo suc-
cessive weeks in sene newspaper published in Indian River CountY~ Flo-
rida. ~"ffter such ,:~:.varti~mt ~I~o Council ;:~a.y receive bids and sell
said be~'~ds
..... ~n~ it shall have the riflot to reject any and all bids and
re-advertise the sa.~.~e, or ~.0.ny part thereofre~,~."-~z~mn~_,'~-~' ~'~ unsold; ~N.d if
tho bonds be not sold pursuant to such aaverti,~e:~.~,nt, they ~.~ay be sold
~-~t private sale at any tine ~.fter the d~',.te advertised for the reception
tn~:,t no bona~ issued under the authority of
~f sealed bids, i~rovidod '~
· ).his Act shall be sold for less than ninety-five per cent of the par
-26-
value thereof, with accrued int.:rest, and provided further that no
private sale thereof shall be made at a price lower than the best
ed bid received th._.~..,~,or, ~nd no private sale shall be ne. de of said
bonds subsequent the thirty d~ys after the o..dvertised date for the
receptio~ of ;~eated bids.
SECTIOn{ 103. It is the intention of the Legislr~ture by virtue of pro-
visions of ~ '~
oect~.on ~, to 102, inclusive of this Act to ~?rescribe an
inde~'~endont .~nd alt~rna, tive authority for the City of Seba~_ ~m~,n to ~s-
sue bonds for the purpo~_:e of refundinff any outstandin~z oblifjation of
said nunicipality or of tho City of Sebastian abolished by this Act
which in any i;~an~er constitute an indel0tedness thereof. The ref~ding
of any bonds under the provisions of sa. id sections secured by special
taxes, liens, ~ ~eo~.~e~.~ts or benefits, as well a.s ad valorem taxes,
shall not release such special taxes, liens or assess~ents, but the
sane s.~.,.ll in like m~nnor constitute security for the pay~ent of such
refundi~T bonds~ ~.nd the provisions ~f Section 98-102 inclusiw~, of
~om~..,rence to any other Act of the Lec~islature,
this Act, shall, without · ' ~
or any other i.:,rovisions in this Aot~ be full authority ~or issuenoe,
sale.r, nd exchan'e~ of bonds in said sections .... ~thormzed, .~n,.~ ~" no ordin-
n, nde, resoluti,.na or proceeding- in respect to the '
ms~uance of any bonds
under the provisions of said section sh~tll be necessa, ry~ excel~t such
as required by the i:~rovisions of said sections; and it shall not be
necess'~r~.- to t.~e v~lidity of said bon~, for :~ny election to be called
for the ratification of the issuance of s~id bonds b]~ the voters of
said City, nor for any other proceedinT of any kind or character to be
t~.ken, except a.s provided and prescribed bM SeotJ. on 98 to 102 inclusive
of this _:!ct, ~.nd on. md bonds shall not be mnclu,ed in any de~t or Other
limitation on the issu:~nce of bonds off said City.
SECTION 104. Should any section or l.~t of this Act be held unconsti-
tutional or void for .?ny reaso~ by ~ny court, the sa~e shall ~tffect
only the ]?rticul. ar section of p~rt so held to be invalid ~nd sh:~ll
not affect in any ~'..~.~.~er the validity off ~ny other part or parts of
said Act.
SECTION 105. Ail ls..ws and parts of laws in co~.~ttct with this Act
a.r~ hereby repealed.
SECTION 108. This Act shall go into efffect in~ediately upon its
?"~.~,~-'~~ ~.~.~,~ ~ ond~. ai.~l.~row~.l, by tho Governor or upon its beco~aing, a law with-
out such ~i~prov.~l.
Approved M~'~y ~, 1933
-27-