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1907

Damage
Suits.

Governor shall appoint officers, etc.

pensation damages to the plaintiff directly attributable to such negligence on the part of the city, and not caused by contributory negligence on the part of plaintiff.

It shall be the duty of the Mayor, upon receiving any such notice, to at once investigate the matter and lay the facts, supported by the evidence, before the City Coun cil in a written report, and the City Council shall have the right, and upon the written request of the person injured, it shall be the duty of the City Council to investigate the matter, and it may, by ordinance, make such reasonable settlement of any such damages as may be agreed upon between the City Council and the person so damaged, which settlement must be approved by threefifths of all the members of the City Council.

Sec. 44. That the Governor shall appoint one person as Mayor, five persons as City Councilmen, one person as City Clerk and Tax Assessor, one person as City Treas urer and Tax Collector, and one person as City Marshal of the said City of South Jacksonville, and the persons so appointed shall be and constitute the officers of said City of South Jacksonville, and shall hold office until their successors are elected at the first election of officers provided for in this act and shall qualify. The persons so appointed by the Governor shall be qualified electors and freeholders of said city, residing within the territorial limits thereof, and shall take the oath of office prescribed in this act, and the City Clerk and City Treasurer and City Marshal shall give such bond as may be required by the City Council. When such officials appointed by the Governor shall have qualified as herein prescribed, they shall have and exercise all the duties, functions and pointed offi- powers provided for and conferred by this act upon the government and officers of said city. The officers so appointed and qualified shall have the power to levy a tax upon all the taxable real and personal property in said city for the year 1907, and prepare and complete assessment and tax rolls and books in the manner provided for in this act, and the taxes so levied and assessed shall be and become a lien on the property against which the same shall be assessed, and shall become due and payable and shall be collectable in the same time and manner prescribed and provided in the foregoing sections of this act; Provided, The valuation at which said property

Powers of such ap

cers.

Proviso.

1907

is assessed shall not exceed the valuation at which said property is assessed for the purpose of State taxation, and the rate of taxation shall not exceed one per cent upon such valuation. The said officers shall have power to license and tax privileges and occupations in the manner and within the limitations provided in this act. In order to meet the expenses of the city government until taxes sufficient therefor are collectd, the Mayor and City Council so appointed may from time to time contract for and borrow money at a rate of interest not exceeding eight per cent per annum; Provided, The total amount of money so Proviso. borrowed from time to time shall not exceed the sum of one thousand dollars. For the amounts so borrowed the City Clerk shall, upon the order of the City Council, draw his warrant or warrants under the corporate seal of the city, upon the City Treasurer, and the same, when coun tersigned by the President of the City Council, shall become and be valid evidences of debt against said city of South Jacksonville.

Sec. 45. This act shall take effect and become a law upon its passage and approval by the Governor. Approved May 21, 1907.

CHAPTER 5852-(No. 257).

AN ACT to Amend Sections Three and Five, Chapter 4504, Acts 1895, Entitled "An Act to Declare Legal the Incorporation of the Town of Starke, in the County of Bradford, Incorporated under the General Law for Incorporating Cities and Towns, and to Provide for the Issuing of Bonds by Said Town for the Purpose of Establishing a System of Waterworks, Sewerage and for Illuminating Purposes, and to Create a Board of Public Works for Said Town."

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

Section 1. That Section three of Chapter 4504, Acts 1895, be and is hereby amended to read as follows:

1907

Bonu issue.

Denomina

tion, inter

bonds.

Sec. 2. That the Town Council of said town of Starke shall have power, with the approval of the majority of the qualified electors of said town actually voting at the elec tion to be held for that purpose, to issue bonds, bearing not a greater rate of interest than six per centum per annum to an amount not to exceed fifty thousand dollars, and to run for a period of not more than thirty years. The issuing of such bonds shall be for the purpose of estab lishing a system of waterworks and sewerage; for paving the streets of said town and also for illuminating pur poses, and for none other.

Sec. 3. That Section five of Chapter 4504, Acts 1895, be and is hereby amended to read as follows:

Sec. 4. That the bonds issued under this act shall be of est, etc., of a denomination not exceeding one thousand dollars each, and bear interest not to exceed six per centum per annum, with coupons attached for the interest, which shall be payable semi-annually on the first day of January and July, and the bonds shall become due and payable at any time not greater than thirty years, as said corporate authorities may determine.

Sec. 5. That this act shall take effect and be in force from and after its passage and approval by the Governor. Approved June 3, 1907.

CHAPTER 5853-(No. 258).

AN ACT Authorizing the City of Tallahassee to Issue Bonds for Making, Constructing and Putting in Operation a Waterworks Plant, or for Purchasing or Leasing or Acquiring by the Exercise of the Right of Eminent Domain, Any Such Plant, and for Enlarging, Extending and Improving Any Such Plant, so Purchased or Leased or Acquired by the Exercise of the Right of Eminent Domain, and to Provide for the Payment of the Principal and Interest of Such Bonds, and the Application of the Proceeds of Any Such Bonds to the Purpose for Which the Same May be Issued, and the Construction, Enlargement, Extension, Improvement, Establishment and Management of Any Such Plant.

1907

acquire and

waterworks
plant and
for such pur-

Be it Enacted by the Legislature of the State of Florida: Section 1. The City of Tallahassee, in Leon County, in Authority to this State, shall have, and it is hereby given, the power to maintain a issue bonds of said city to an aggregate principal amount not exceeding seventy-five thousand dollars for the purpose issue bonds of making, constructing and putting in operation, or pur-pose. chasing or leasing, or acquiring by the exercise of the right of eminent domain, a waterworks plant for obtaining, distributing and furnishing water for the use of said. city and its inhabitants, and such other consumers as may require and pay for the same, and extending, enlarg ing and improving any such waterworks plant so purchased or leased or acquired by the exercise of the right of eminent domain, and such bonds and indebtedness shall be in addition to any bonds or certificates of indebtedness now outstanding or existing against said city, and shall bear interest at a rate not exceeding six per cent per an num, and the principal of such bonds shall mature at a time not more than fifty years from the date of their

issue.

Sec. 2. The City of Tallahassee may, at any regular meeting of its Council, or at a special meeting, called for such purpose, pass a resolution declaring that it is expedient for such city to make, construct and put in operation, or purchase or lease, or acquire by the exercise of the right of eminent domain, a waterworks plant for obtain

1907

Resolution

an election

ing, distributing and furnishing water for the use of said city and its inhabitants and such other consumers as may require and pay for the same, either the purchasing, leas ing or acquiring by the exercise of the right of eminent domain, any such waterworks plant, together with the extension, enlargement and improvement thereof to be construed as one purpose, and that it is also expedient to issue bonds of said city for the carrying out of any one of such purposes, which the said city may thereafter determine to carry out, and stating the amount of bonds, which the said city shall have the power to issue for carrying out any one of the said purposes; Provided that a providing for vote of a majority of such Council shall be necessary to to determine pass such resolution; such resolution shall receive the ap by a majori-proval of the Mayor, and in case of his disapproval, the same may be passed over his veto by a two-thirds vote of the Council. Such resolution shall provide for the submis sion of the question of ratification of the powers thereia specified as expedient to be exercised by the said city to the registered voters of the said city residing therein, and shall have paid their taxes for the year then last due thereon, at a regular or special election to be called and held for such purpose, and a majority of the votes cast at such election shall be necessary to such ratification. A majority vote in favor of such ratification shall establish the right of the city to exercise the powers as to any one of the purposes so ratified, and to issue bonds for the same.

the question

ty vote of the qualified electors.

Council shall prescribe in

to control election.

Sec. 3. The City Council shall prescribe in and by such resolution resolution, the day of election, the polling place and the regulations hours during which the polls shall be kept open, the form of ballot and the regulations to control such election, including the canvass and return of the votes, and shall provide for the registration of all persons duly qualified to vote at such election; and the registration books shall be kept open for such length of time and on such days as may be prescribed by such resolution and shall be closed at least five days before election day; and shall also name in and by said resolution the inspectors, three in number, one of whom shall act as clerk, and the registration officer; Provided, that in case of the failure of any or all such inspectors to act, the places of persons so failing to act may be filled by electors at the polls, and in case of a vacancy occurring in the office of registration officer, it may be filled by appointment to be made by the Mayor.

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