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1897.

Continuance zot to be granted.

Infants, cuarried

women, etc.

School district.

Election of

school trustees.

Authority of school trustees.

Proviso.

City Collector to collect school tax.

Disposition of

SEC. 70. No continuance shall be granted at the instance of the city, or to the other parties to the proceeding, but the same shall be expedited with all possible dispatch consistent with the dispatch of other public business of equal or greater importance.

SEC. 71. Infants, married women, persons non compos may be proceeded against in the proceeding, but the attention of the court shall be specially called to them respectively, and the court shall in person or by appointment of some one else provide for their protection. Then they shall be bound, otherwise not. Due protection shall be presumed where the attention of the judge has been called as herein provided, to minors, married women and persons non-compos.

SEC. 72. The territory contained within the corporate limits of the city of Daytona is hereby constituted a separate school district.

SEC. 73. The electors of said city shall bi- ennially elect three school trustees who shall hold their office for two years, and who shall have the supervision of all the schools within the district, for whose election and for submission of whose proposed school tax levy to the qualified school tax voters of the district, and for the co-operation of other city officials with the trustees the council shall provide by ordinance. Said trustees shall have authority to levy upon the taxable property of the district and to collect therefrom a district school tax not to exceed three mills on the dollar for any one year for the exclusive use of the public free schools, Provided however, That before any such school tax levy shall go into effect, such levy shall have been approved by the affirmative in its favor of a majority of the qualified voters of the district that pay tax on real or personal property. The City Colletor shall collect and pay over the proceeds of the school tax as and when collected to the City Treasurer who shall keep the funds separate in his accounts, and pay out the same only on warrant of the trustees.

SEC. 74. The fund raised under and by authority of Section 73 of this act shall be expended within the district where funds collected levied for building and repairing school houses, for the purchase of school libraries and text books, for salaries of teachers or for other educational purposes, so that the distri– bution among ail the schools of the district be equitable.

under Section 73 of this act.

School districts created

by this act to have fair share of county school funds.

SEC. 75. The school district by this act constituted, shall be entitled to receive from the Board of Public Instruction of the county of Volusia its fair share of the last annual tax collected for county education to defray in part the expenses of the district for the current year.

SEC. 76. The State and county authorities entrusted with the control of public education shall promptly award and pay over to the Trustees of the School District of the city of Daytona its share of any public fund equitably distributable by law to such school district.

SEC. 77. The city of Daytona shall have the authority to inflict penalties of fine and imprisonment for violation of its ordinances and laws, provided that such ordinances and laws shall not be inconsistent with the Constitution and Laws of the United States, or of this State, or inconsistent with this charter, and provided further, that for no one offense punishable by the laws and ordinances of said city, shall a fine of five hundred dollars be inflicted nor imprisonment for a period of time greater than sixty days. The penalty for non-payment of municipal taxes or special assessment dues on land shall be the sale of a sufficiency of such land so taxed or specially assessed to pay respectively tax and special assessment dues thereon and costs for enforcement of same. Persons under sentence may be worked on the city streets and city works under provisions of the city ordinances and laws.

SEC. 78. The police power for the city shall extend over all the waters within its limits, and to the eastern edge of the main channel of the Halifax river.

SEC. 79. The Mayor sitting as a court may order that persons under fine shall stand committed to the town jail until fine be paid or worked out according to the city ordinances, and may fine and imprison for contempt, but no fine for a single instance of contempt, shall exceed one hundred dollars nor the imprisonment therefor exceed ten days.

1897.

Authority to inflict penalties

Extent of fine for contempt.

SEC. 80. The compensation of city officers shall be fixed before their entry upon service, and shall not be changed Compensation during their term although open to change concerning their

successors.

of city officers.

SEC. 81. No city office, with the exception of that of City Marshall shall be held by any one not an elector of the city. SEC. 82. No city officer shall be financially interested or participate in the profits of any contract with the city, nor in to be interested any franchise for profit heretofore or hereafter granted by the city, nor in the placing of its bonds.

City officers not

in city contracts.

SEC. 83. That all ordinances passed by the City Council, before they shall become laws, shall be published or printed Ordinances to be published. within the aforesaid corporate limits, in a manner and for a time prescribed by ordinance, wh.ch shall go into effect at

' once.

1897.

Former assessments, etc., legalized.

Tenure of office.

Ordinances to be in full force

SEC. 84. That all assessments, levies and collections of taxes heretofore done and performed by the municipality of Daytona are hereby legalized and declared valid and of full force, virtue and effect and binding in law and equity.

SEC. 85. That the present Mayor, Clerk, Treasurer and Assessor, Marshal and Collector of said city shall hold their respective offices until their several successors are qualified; and the present City Council shall hold their offices until the election of officers as provided in this act; all of said present officers of said city are hereby vested with the powers and privileges granted and conferred upon their respective offices by this act; nothing herein contained shall be so construed as to in any way impair or limit any of the powers, rights and privileges not herein specified, now exercised, held and enjoyed by the municipality of Daytona, or the officers thereof, under the Constitution and Laws of the State of Florida.

SEC. 86. All ordinances and parts of ordinances now in force in said municipality of Daytona, and which are not in conflict with the provisions of this act, or with the Constitution and Laws of the State of Florida, shall be and remain and virtue until in full force and virtue until repealed by the said City Council or their successors; and all laws now in force, or that may hereafter be enacted for the government of cities and towns, except in so far as they conflict with the provisions of this act, shall apply to the said municipality and the officers

repea ed.

thereof.

SEC. 87. This act shall go into effect immediately upon its passage and approval by the Governor. Approved June 5, 1897.

Incorporation declared valid.

CHAPTER 4641-[No. 127.]

AN ACT to Legalize the Incorporation of the Town of Palmetto, in the County of Manatee, State of Florida, and to Declare the Incorporation of the Town of Palmetto Valid and in Full Force and Effect.

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

SECTION 1. That all of the acts done and performed in the organization and incorporation of the town of Palmetto, in the county of Manatee, State of Florida, be and the same are hereby declared to be valid and binding by the laws of

the State of Florida.

1897.

declared valid.

SEC. 2. That all acts done and performed by the Town Council,Mayor, Marshal and other officers of said incorporation of the town of Palmetto, are declared to be of full force Acts of officers and validity, and all the assessments and collections of taxes done and performed by this incorporation of the town of Palmetto are hereby legalized and declared valid and in full force, virtue and effect and binding in law and in equity; Provided, None of said acts are in violation of the general law for the incorporation of cities and towns.

SEC. 3. That said town of Palmetto is hereby granted all

the powers given to such incorporations under the general Powers and laws of the State. Also the powers to fix a valuation upon the privileges. property within its limits both real and personal for the purpose of taxation, independent of such valuation as fixed by the county and State. To make special assessments for educational purposes, for building sidewalks and improving streets, and when in the judgement of the Town Council it becomes necessary to build streets or sidewalks, by a majority petition or otherwise they may build same at the expense of the property through which said street and sidewalk may run. And for public buildings, and to subject itself to a bonded indebtedness for the purpose of further public improvements in said town; Provided, That before any bonded indebtedness shall be incurred the Town Council shall submit the same to a vote of those persons who are freeholders of property situate within the limits of said town and otherwise qualified to vote at town elections, and a majority of the vote cast shall be in favor thereo'; And provided further, That said bonded indebtedness shall never exceed five (5) per cent. of the assessed value of the real and personal property within the incorporate limits.

authority.

SEC. 4. That the corporate authority of said town shall be vested in the Mayor and a Town Council, consisting of seven members, a Clerk, a Marshal, a Treasurer, a Tax Corporate Assessor and a Collector of Taxes, together with such other officers as may from time be provided for, either by law or by the ordinances of said town; And provided, That no one shall be eligible to the office of either Mayor or Alderman who is not a real estate owner within said town of Palmetto.

SEC. 5. That this act shall take effect and be in force from and after the time of its approval by the Governor. Approved June 5, 1897.

1897.

CHAPTER 4642-[No. 128.]

AN ACT to Legalize the Incorporation of the City of Miami, in the County of Dade, and to Declare the Incorporation of Said City to be Valid and of Full Force and Effect.

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

SECTION 1. That the city of Miami, in the county of Dade which was incorporated in the year A. D. 1896, under the general law of incorporating cities and towns in this State, towit:

Chapter one, of title 4, part one, of the Revised Statutes, is hereby declared to be in all respects a legally incorporated city, and vested with all the powers of a city under the laws of this State.

SEC. 2. That all ordinances heretofore passed, and all acts and deeds heretofore done by the Mayor, City Council and other officials of said city not in conflict with the laws of this State or of the United States, are hereby declared to be legally done and of full force and effect.

SEC. 3. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved June 4, 1897.

Amendment.

CHAPTER 4643-[No. 129.]

AN ACT to Amend Section 1, Article 2: Sections 1 and 2, Article 3; Sections 2 and 3, Article 8, and Section 1, Article 9, of Chapter 4297 of the Laws of Florida, Approved May 30, 1893, Being an Act to Incorporate the City of Bartow and to Abolish the Present Incorporation of Said City.

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

SECTION 1. That Section 1, of Article 2, of Chapter 4297, of the Laws of Florida, approved May 30, 1893, be amended so as to read as follows:

Section 1. The government and administration of said city shall be vested in a Mayor, a City Tax Collector, a City Tax Assessor, a City Clerk and Treasurer, and a Council which shall consist of seven members. The present board of officers of said city shall continue to hold their offices for which they were respectively elected, and those persons who were voted for as successors of said officers at the general election of said city held in May, 1897, shall hold their respective offices

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