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Chapter 13907 No. 343 v CHAPTF, 13907 NO 343 AN ACT TO FIX THE TSRHITORIAL LIMITS I I7ZE PROVIDT FOR ITS GO7JE-a'NMLNT ANL-. i' ESO2IBE lT JURISDICTION 'AND POWERS. • BE IT ENAOTI) Li T1-15 GISOUH 1F STTZ, OF FLORIk,.! Section' 1, The territorial boundaries of T;h6 Town, of Atlantic Beach, a municipal c.)1n-,oration in Duval County, Florida, shall be as follows: Beginning at a point on the Beach of the Atlantic 'Jnean, shown on a map of a part of a subdivision "A", Atlantic Eeach, plat Book 6, page 1, of Duval County Records, nnnro the north side of an unnamed street north of bloch s 62, 3 ' '!Id Si, as on.nn, on and known as 16th Street, would, if prolonged, intersect with low water mark of said Atlantic. ncean; running thence westerly along the north line of said 16th Street to the intersection of said line with the northerly boundary line of Section 16, Township 2 Soutn, Range 29 East; running thence westerly along said northerly boundary and along the northerly boundary lines of Sections lY and 18 in said Township and Range to the northwesterly corner of said Section 1 e7 running thence Southerly along the western boundary line of said Section 18 and the westerly boundary line of Paid Section 19, in said Township and Range, to the intersection of the last mentione6 lines with the northerly side of Atlantic Boulevard; running thence easterly along the northerly side of Atlantic Boulevard and a prolongation of the same to the point of intersection of-r,eaid prolongation with low water mark of said Atlantic. Ocean; andrunning thence northerly along 10 said low water mark of the Atlantic Ocean to the point or place of . beginning; and jurisdiction over the waters of...the Atlantic Ocean tic • k L ♦ • ♦ /� • s • • • y C; .2 miles from the low water mark between the north and south lines of ;,. said town as above described, projected easterly two miles; all in Duval County° Florida* excepting, however, from the territory here inbefore described, all streets* roads or highways that have hereto fore been adopted as County Roads by the County Commissioners of Duval County* Florida° Section 20 Said corporation shall have perpetual succession* may sue and be sued* plead and be impleaded, may purchases lease receive and hold property, real and personal* within said town and may sell, lease, or otherwise dispose of the same for the benefit of the town; and may purchase, lease, receive and hold property* real and personal, whether within or beyond the limits of the town, to be used for the burial of the dead, for the erection of waterworks and electric plants, for the establishment of poor houses, pest houses, houses of detention and correction, for public parks and promenades, for golf links, club houses, and recreation, and other public purposes that the mayor and Town Council may deem necessary and proper; and may sell, lease or otherwise dispose of such property for t he benefit of the town to the same extent as natural persons mayo Said town shall have and use a common seal, and may change it at its pleasu e° Section 30 The corporate authority of said town shall be vest- ed in a Mayor and Town Council, a Municipal Judge, a Town Clerk, a Town Treasurer, a Tax Assessor, a Town Marshal and such other officers as may be provided for by ordinanceo Section 40 No person who is not a qualified elector of said town shall be eligible to any of the said offices, except that of Town Marshal* and in case any vacancy shall occur in any town office, such vacancy shall be filled by a j on ty vote of all the • w • • • ♦ • • members of the Town Council, and persons so appointed by the Town Council shall hold office until the next election of officers, and until his successor is elected and qualified. In the event of the absence of any officers from town, or his inability, from sickness or other cause, to discharge the duties of his office, the Town Council shall make provision for filling of such office temporarily. Section bo The present Mayor and the Town Council ehall hold office until Friday noon after the second Tuesday in August, A.D. 1930. An election shall be held on the second Tuesday in August, A. D. 1930, and every two years thereafter, for the election of the Mayor and Town Council by the qualified electors of said Town, and their term of office shall be for a term of two years. section 6. The Mayor shall have the power to preserve the peace and enforce good order within the town. He may examine into the condition of all town offices except the Town Council, and report his findings, together with his recommendations, to the Council. Section 10 The Mayor shall communicate, from time to time, in writing to the Town Council, such information and recommend such measures, touching the public services, as he may deem proper. He shall take care that all ordinances and laws of the town and the .; orders of the Town Council are duly observed and enforced, and he shall perform such other duties as the ordinances may require. Section S. Every ordinance passed by the Town Council, before becoming a law, shall be presented to the Mayor under the certifi- cate and seal of the Clerk for approval or disapproval. If the Mayor approves the same he shall sign it and return it to the Clerk within five days, but if he shall not approve it, he shall roc, turn it to the Clerk, with his objections in writing, within satWort- ` r • - 4 - time, for reconsideration by the Town Council, and if the Town Council shall pass the ordinance by a two-thirds vote, it shall be- come a law, If the Mayor shall fail to file any ordinance with the Town Clerk within five days after its passage, it shall become a law. Section 9, The Mayor may be impeached by the Town Council for misfeasance, malfeasance or non-feasance in office, and for drunkenness or habitual intoxication, and he may be removed from of- fide upon conviction by an affirmative vote of two-thirds of all the members of the Town Council. Should charges be at any time pre- ferred against the Mayor, they shall be in writing, shall clearly set forth the offense or offenses of which he is accused, and a copy there- of signed by the president or president pro tempore of the Town Coun- cil attested by the Town Clerk, with the seal of the town attached, shall be served on him by the Marshal, and the Council shall proceed without unnecessary delay to investigate the charges and decide them. The Mayor shall have the right to be heard in person or by attorney at such investigation and trial, Section 10. In the event of absence of the Mayor from the town, or his inability, from sickness or other cause, to discharge the duties of his office, the president of the Town Council, or in his absence or disability, the president pro tempore, shall dis- charge the duties of Mayor. Section 11, The legislature power of the corporation shall be exercised by the Town Council, composed of five members, who shall serve for a period of two years and until their successors are elect- ed and qualified, unless otherwise provided in this Act, All vasan- Gies between the elections which shall occur in the Town Council shall be filled by the votes of the majority'of the remaining members, Thy► : members shall elect annually one of their members to be their presid+ �~ x LL • • S • * CM 5 C7 ing officer, who shall be called the president of the Town Council, and shall have powers to .enforce such rules as may be adopted by the Town council, The Mayor and Town Council may by ordinance, fix the salary or eompelssatio n 'to be received by the Town Council- man:, but the same shall not be changed during their term of office, Ninety days prior to the election in 1936, the Mayor and Council e mays by ordinance, increase the number of councilmen to nine, who shall be elected at the general town election in August, 19360 Section 120 The Town Council may determine its own rules of proceeding and prescribe the punishment of its own members for none- attendance or disorderly conduct, and enforce the same-, ; Two- thirds of its members concurring it may expel a member for nonce attendance or other irproper conduct while in office(, The majority of the members of the Town Council shall be required to form a quorum for the transaction of business, but a smaller number may adjourn from day to day, and under the provision of the ordinance may compel the attendance of absent members by fines and penalties, The president of the Town Council and Town Clerk shall have the power to administer necessary oaths and may issue subpoenas and compulsory proceedings to compel the attendance of persons and the production of books and papers before the Town Council, or any committee of the same, The Town Council shall hold meetings at such times as it may determine, not less than one regular meeting a month, • Section 13, No bill shall become a law without first having been passed on three several readings by a majority vote, and on the third reading a majority of the whole number of the Town Council shall be required, nor shall any such bill be effective until the same is signed by the Mayor, a*cept that it may be passed without his signature over his veto, as herein provided, No 4 • ea g ordinance introduced at any meeting shall be passed on its third reading until five days after its introduction and passage on the first readinge cuowir9 Section l40 The Town Council shall have the power, by l ` ordinance, to levy and collect taxes on all property and privileges taxable by law for State purposesr to appropriate money and provide for the payment of all debts and expenses of the town; to make regulations to prevent the introduction of contagious diseases in the town; to establish hospitals, jails, houses of detention and correction, and to make regulations for the government thereof; to make regulations to secure the general health of the inhabitants, y and to prevent and remove nuisances; to provide for the cleaning and keeping in good sanitary condition all premises within the limits of the town; to regulate the construction and arrangement of earth closets and privies, and to make all reasonable rules and regulations in regard thereto; to provide the town with water by waterworks, within or beyond the boundaries, by contract or otherwise; to provide for the prevention and extinguishment o2' fires, and to organize and establish fire departments; to provide for lighting the town; to make appropriations to open, alter, abolish, widen, extend, establish, improve, clean and keep in repair streets, alleys and sidewalks; to erect, establish and keep in repair privies, culverts, sewers and gutters; to grant rights and franchises to and upon the streets, alleys, public roads, ways and avenues of said city for public utility§ to make appropriations for lighting streets and public buildings, and for the erection of all buildings necessary for the use of the town, to license, tax and regulate hackney carriages, carts, wagons,, drays, buses, automobiles and taxicabs, and to fix the rate to be charged for the carriage of persons and of property within the town; i i . q4 to license, tax and regulate all privileges taxable by the State 3 to prohibit and suppress all PP gambling houses, bawdy and disorderly, houses, and obscene pictures and literature; to regulate and re- strain or prevent the carrying on of manufactories dangerous in causing or producing fires, and to regulate the license and sale of firearms and suppress the carrying of concealed weapons, regulate the storage of combustibles, explosive and inflamable materials; I to provide for and regulate the inspection of beef, porgy:, flour, meal \ and other provisions; to establish standard weights and measures and provide for the enforcement of the same; to regulate the in- '4\ spection of milk, butter, lard and other provisions; to regulate the vending of meat, poultry, fish, fruits and vegetables; to establish and regulate markets; to impose penalties upon owners, occupants or agents of any house, walk or sidewalk, or other structure, which may be considered dangerous or detrimental to the citizens, unless, after due notice to be fixed by ordinance, the same be removed or repaired; to regulate, tax, license or suppress the keeping and Eoing at large of all animals within the town, to impound the same, and in default of redemption in pursuance of ordinance, to sell, kill, cr otherwise dispose of the same; to establish pound limits within the town; to / provide for inclosing, improving and regulating public grounds be- longing to the town in or out of the corporate limits; to regulate bathing and fishing in waters within the jurisdiction of the town; to pass all ordinances necessary for the health, morals, convenience and safety of the citizens; to secure peace and good order in the town, and to carry out the full intent and meaning of this Act, and to accomplish the object of this incorporation; to provide for the arrest of persons violating any ordinance, and for their punishment, upon conviction, by fines, forfeitures, penalties and imprisonment with or without labor, but no penalty shall exceed five hundred dollars W z - G i C , ! �ii a k . I m ,-_. r •e • • a ■•• A O 8 0 and no term of imprisonment shall be for a longer term than three months for the same offenseo HI Section 150 The Town Council shall appoint the Town Clerk who Shall be exc=offiaio tax collector ! he shall be appointed sa early as practicable after this Act shall take effect and shall hold , office until Friday - noon following the general town election in August 19300 and shall be appointed biennially thereaftero He shall receive such reasonable compensation as the Town Council may pre, scribe0 He shall give such bond as the Town Council may require . He shall keep a record of all judgments and proceedings of the municipal Courts) and shall attend all regular and special meetings of the Town Council and shall keep a record of all the proceedings and acts _ of the Town Council0 and shall record in books to be kept . . for that purpose0 all ordinances and resolutions passed by the Town Council and shall perform all other duties as usually pertain to the office of Town Clerk and ias may be prescribed by the Town Council , Section 16o There shall be a Town Treasurer ® who shall be appointed as soon after this Act takes ! effect ., as practicab]e • and he shall hold office . until the first, ' regular ' meeting of the Town Council0 Friday noon following the election in Augusts, 19300 and , shall be appointed thereafter 'for a term of two years . He hall give such bond and receive such compensation as the Town Council may s,_, a• prescribe . He shall receive and collect any moneys due the City - - -- f K except taxes which shall be paid him by the Town Clerk. - He shall • keep a complete and accurate record of all moneys by him received , • ' and paid out , and shall perform all such other duties usually per- i • taining to his office , -as may be required by the Town Council . ,- • 4 C`9 9 c Section 170 The Town Treasurer shall pay out no funds of the Town except upon warrant signed by the Town Clerk and counter- sign,ed by the president of the Town Council° The Clerk shall 4) I draw no warrants except the same has been authorized by the Towr Council° Section 180 There shall be a tax Assessor, who shall be appointed by the Town Council as soon after this Act takes effect as practicable, and he shall hold offioa until Friday noon following the election to be held in Augusta 1930, and thereafter he shall be appointed for a term of two years. He shall give such bond and receive such compensation as the Town Council may require0 and shall perform all duties prescribed by law and such other duties pertaining to his office as may be prescribed by the Town Council. Section 19. There shall be a Municipal Judge, who shall be appointed by the Town Council as soon after this Act takes effect as practicable, and shall hold office until Friday noon following the election to be held in August, 1930, and thereafter he shall b appointed for a term of two years, He shall give such bond and receive such compensation as the Town Council may prescribed and shall perform all duties prescribed by law and such other duties per- taining to his office as may be prescribed by the Town Council. He shall have the power by his warrant to have brought before him any person or persons charged with the violation of town ordinances, and to require the attendance of witnesses for the town and the accused! to administer oaths, to take affidavits and to inquire into the truth or falsity of all charges preferred; to decide upon the guilt or .innocence of the accused, and to fix and enforce by penalty the sentence prescribed by law and the ordinances of the town; to pardon and release • • • • e 110 - 7 :2rsdr. n .e {ro :TTht&I 'W. J h.ims in term or time in writ -Luz to the Marshal or any po1icenan _° to . :sv & and e7s *1 '.; ... s0 all powers incia. ert and usual to the due enforcement of .__ . . jurIS - diction , Appeals from the judgaeflt and . se.krene of tJ Judo s � Pyi be taken in time and manner prescribed law . t7.-..t d. _ appeal bonds shall be submitted to the Mayor and if approv6if: him , said appeals shall operate as a w :_persedeazc He shall keep a record of his official acts , substantially setts*, ; forte the charges preferred against the parties brought before him b77 warrant or other- wise , and of the judgment rendered in each and evert !zazie , and he shall require the Clerk to make and preserve such record regular minutes ; he may appoint and discharge special t-olicemen and de Lectives . . subject to the approval of the Town Council at their next regular meeting . Section 20 ® The Town Clerk , Town Treasurer , Tax Assessor and Municipal Judge may be impeached by the Council for - the same causes and in the same manner prescribed for the Irrfoeac'irent of the Mayor . Section 21 . There shall be a Town Marshal who shall be appointed by the Mayor and his appointment approved by the Town Council . He shall receive such compensation as the Town Council shall fix , and may be . removed from office at any time by the Mayor, subject to the approval of a majority of the members of the Town Council . Section 22 , It shall be the duty of the Marshal to attend all regular and special meetings of the Town Council f to aid in the enforcement of order under the direction of the presiding officer ; to execute t e commands of the council from time to time - as well • as of the Mayor in the line of his duty and to execute all processes r Issued by the authority ' thereoft °to attend the :!!!`u nicipal d .. lb . , 1 . 4 y • • u • • ' its sittings, and to execute the commands of the Judge of said Courts to aid in the enforcement of order therein, under the direction of the Municipal Judge, and to perform such other duties as may be appropriate to his office, under the provisions of the law, or as may be required by ordinance. He shall have control of the police force subject to the commands of the Town Council, and shall have police powers of arrest. Section 23 , The Marshal shall have the power and authority to immediately arrest, with or without warrant, and take into custody, any person or persons who shall commit, threaten or attempt to com mit in his presence or within his view, any offense prohibited by the laws of the towns and he shall, without unnecessary delay upon making such arrest, convey the offender or offenders before the Munic- ipal Judge to be dealt with according to law. Section 24, The Marshal and members of the police force in addition to the powers incident to their offices, and as here- in designated shall possess common law and statutory authority of constables except for the service of civil process. Section 25. The Town Council shall have the power to require the Town Marshal to perform the duties in reference to the inspection of property and premises and reporting the same as the Town Council may require, Section 26. The Town shall have the power to raise by tax and assessment upon all real end personal property, all sums of . money which may be required, for the improvement and good government of the town, and for carrying out of the powers and duties herein % granted and unposed® " �` Section 27. The Town may make its own assessment of property >� for taxation, and the total tax levied upon any property in any one 'P - ' `_` . .. .. 001". . .. . . . .. . . . . . . . . . . • . , . . 12 . yor, shall roi:, eyooee6 one per oent upon auch oaoloo7.1 ,-1., ovo toil proviaion shall not le so nonstruod az to prevent the town from such speoial assessrents of property Lor O,000v0000:, ov. ,000 „.„ , v ot, fiec.1 !,n Lois Act, or the payment of any legal Ino&otoOnees of , 'IN7:141 All assessment of property for taxation shall be as / ia 1 early as practicable in the o:smner now provided '. the lnw of .,he -<- State for the alsessment of ta; s. It shall -.:ot be neeoaaar,L; to \ Ce$crfoe personal propsrty smsessed for taxation, and the lo-,rre. 'persona 7 property" shall be a sufficient description to sstaio. any 1 1 . listing and assessment of the personal property of any porson, firm or corporation. 4,. Section ala All persons, corporation or firms, holding 4 property, whether real or personal, subject to taxation by the Town of Atlantio Beach, are hereh y. required to make a roturn of the :37ime to the Tax Assessor before the first day of July in eveoy year. Section 29. Such return shall be made upon and in compliance with blanks prepared therefor and furnished by the town of Atlantic Beach, and shall contain a complete list of all the property taxable by the town belonging to such person, firm or corporation, on the first day of January in the year for which the return is made, giving separately an intelligible description of each separate lot or parcel of real eatate. The description of property thus returned may be considered by the town TRX Assessor in making assessments, but te hall not be Oound therob . Should any person, firr or i:lorporation omit to make' return as above required, the assessing officer shall assess property not thus returned in the name) of the owner, if the name of such owner shall be known to him, and where the name of the . . owner is not known to him, he may assess it in the name of the supposed . . o , . 13 ‘7.' or reputed owner or occupants or as belonging to unknown owner, Rad. in nc ovnr ?IRA 17,11ed to make return of the proport4 as herein required, lawfully made or tho enforced payment of taxes thereon be rclisterd by reason of such property being assessed otherwise than in the name of the real owner. Section 30. It shall be the duty of the Town Tax Assessor to make out and suhnit to the first meeting or as soon thereafter as practicable, of the Town Council in July of each year, a pre- liminary assessment roll of the town. Al soon as practicable after the assessment roll. shall be completed and submitted to the Torn Council, it shall cause to be published or posted at the Town Hall and at two other public places in the Town, a notice that the said assessment roll his been submitted to the Town Council and approved, and r.equirin6 all persons desiring to have corrections thereof made, whether in the listin6 valuation of property or otherwise, to file with the Town Tax Assessor on or before the day to be named in the said notice, which day shall not be less than ten days after the first publication or posting of said notices their petitions to the Town Council, setting forth their objections to the said assessment, and the correction that they desire made. Said notice shall be published daily for faur ' suk cesalve days in some newspaper published in Duval County or posted as aforesaid, and said notice shall none a time and place when and were the Town Council shall meet for the purpose of equalizing the assess- ments and making proper corrections. From the date of first publi- cation of said notice to and including the time of such meeting of the Town Council, the assessment roll shall be open to the inspection of the public during reasonable office hours. All petitions for osrrection. • . - l4 of assessments so filed with the Town Tax Assessor shall be by him delivered to the Town Councils and the Council by committee or otherwise shall investigate concerning the same0 and upon the day named therefor in the notice shall meet and sit as a Tax Equalizing Board for the purpose of equalizing the said aesessments and correcting the same, and shall consider and act upon all pe- titions and shall make such changes in the valuation or listing of the property as may be necessnry to the proper, just and legal equalizing of said assessment, Xt shall be the duty of the Town Tax Assessor to make out a complete tax roll as corrected by the Town Council, and after the same has been adopted and approved by the Town Council, it shall stand as the assessment of the taxable property in t he Town. As soon as practicable after such approval and adoption of the assessment rolls the Town Council shall determine and fix the rate of taxation and make the annual tax levies of the current yearn The Town Council may levy a tax to be raised as a wholes or may make special levies for particular purposes as to them shall seem best, The To'Jn Tax Assessor shall make two assess- ment rolls, the original of which he shall retain in his office, and the copy shall be delivered to the Town Clerk. To each of the assess- ment rolls he shall attach his certificate in the following form: "T, , Town Assessor of the Town of Atlantic Beach, do hereby certify that the foregoing is the assessment of the taxable property in the Town of Atlantic Beach, valued at its full cash value, and that it contains a true statement and description of all property in the Town of Atlantic Beach subject to taxation by said towns or liable to be assessed therein; that the listing and valuation in said rolls show correctly and accurately the listing and valuation as corrected, accepted and adopted by the Town Oouneil, and that all the requirements of the law and ordinances regulating - 15 - the making of the assessment ro'_1 of the Town of Atlantic Beach have been complied with. "Dated this day of • ax As seor of the fink of Atlantic Beach." To the assessment roll delivered to the Town Clerk the Town Tax Assessor shall attach a warrant under his hand substafti• ally in tle following form, to-wit e "The State of Florida, Town of Atlantic Beach' "To , Town Clerk of the Town of Atlantic Beach, "You are hereby commanded to collect out of the property and from each of the persons, firms or corporations named in the annex- ed roll, the taxes set down in such roll opposite each name, corpor- ation or firm, or parcel of land therein described and in case the taxes so imposed are not paid at the time prescribed by law, you are to collect the same in such a manner as provided by law and all sums collected, you are to account for as the Town Clerk of the Town of Atlantic Beach; and you are further required to make all collections and reports and a final report to and settlement with the Town Treas- urer and Town Council as required by law, and ordinance. "Given under my hand this day of o ax sseasor o s own o Atlantic Beaehoa section 31. All taxes shall be due and payable on the first day of October in each year or as soon thereafter as the as- ,';;\ seesment roll may come into the hands of the Town Clerk, of whieh 4 ' he shall give notice by publication once a day for four consecutive days in some newspaper published in Duval County, Florida,, or by posting said notice at the Town Hall and two other public plaees in Y,; • 16 said town, and the taxes remaining due and unpaid on the first day of October thereafter shall be enforced in the manner prescribed by law, and interest at the rate of twelve per cent per annum from . e £rot day of October shall be added thereto and collected; provid- ed, no interest shall run until ten days shall have elapsed from the date of the first publication or posting of said notice by the Town Clerk. Any assessment of taxes shall be and remain a lien upon the property assessed superior to all other liens or claims until the same shall be paid. The Town Clerk shall have power to issue distress warrants in the name of the State and town to enforce the collection of taxes on property and privileges. Such warrants shall be executed by the Town Marshal or by any constable or sheriff. The officer to whom the writ is directed &L ail execute the same by service upon the defendant, if he be found within the town, and by levies upon the property distrainable for such taxes, and he shall give public !iotice of the time and place of' the sale of the property to be sold at least fifteen days previous to the sale b;r posting a notice of such sale at the Town Hall and two other places in the town; provided, that if the person owning or claiming such property cannot be found in the town, no personal service shall be required. At any time previous to the sale the owner of such pro• party may release the same by the payment of' t axes and the charges for which the same is liable to be sold. In case any levies shall be made as aforesaid, the officer making the levy shall be entitled to the same fees as are allowed the sheriff. Section 32, If the property levied upon shall be sold for more than the amount of the taxes, costs and collection fees, the surplus shall be returned to the person in whose possession the property was when the levy was made, or to the owner of the property, i7 All unpaid taxes and asnessments may be collected -O:T suit In court of law or in equity, The Town Gonne:a may by resolution certifi to an atoorney at law in puvAl Oconty„, Iloolo.00 000000L .-000 and assessments for collection„ and if the taxes or assessments sr e ao1leeted, without suitt be shall receive for :rvices such, reasonable oopeneation as may be fixed by ordinance which hiall be in addition to such tax or aosessment and shall -oe k lien upor the property-0 the same as the tax or assessment, ir ease of zulto he shall receive such reasonable attorneyAs fees which shall be re. covered and collected by such suit, as may be fixed by the Court . Seetion 3 If the taxes on real estate shall oot be paid, before the first day of October next, after the tax roll shall have came into the hands of the Town Clerk, the Town Council mey require 4 the Town Clerk any tim make from t:oe atiaesmet roll a separate copy of any assessment thereon remaining unpaid shing the assessment of any lot.;) parcel or tract of land as the name ap- pears from the town assessment rolls which he shall certify to be a true and correct copy fron the town assessment roll of the assess- ment of the lot, parcel, or tract therein describedr one, deliver the same to the solicitor or attorney at law selected by the town noil for the collection, which certificate shall be prima facia evidence of the contents of the assessment roll and of the levies made thernon in all suits to enforce the payment of the lien for such taxes or assessments as may appear in the said copy, The attorney or solie- itor charged with the collection of any such tax may thereupon pre- pare end file in the office of the Clerk of the Circuit ourt of Duval County, Florida, a bill in chancery in the name of the Town of Atlantic Beach, alleging the Towns claim of lten against such 18 co real estate & and hs shall nnfit ai parties defendant to said ibi1' ° the parties named as owners of such real estate on the copiea from the towns asses ent roll so certified to him ° :and such other • - pe raons as the solicitor may know or . have satisfactory reason to believe the owner of or interested in such real estate ° or to have any right thereto „ or lien thereon, and the townua claim and lien for taxes and assessments shall be by the said court enforced by decree and salt of the property against which a lien is found to exist ° as other liens are enforced in chancery . The t axes or assessments on any number of different tracts ° pieces or parcels of land may be collected in one suit ° as the solicitor for the town may determine ° Upon a collection of moneys due the city, payment shall be made , first ° of all court costs , - including the cost of abstracts ° clerk ' s, sheriff ? s and master ? . and advertising fees ; second ° of the amount due the town for taxes and interest ° and lasts of the attorneys or solicitor ? s fees for services in connection with the collection of said tame Section 340 All taxes heretofore assessed and levied by the Town of Atlantic Beach are hereby validated and confirmed, and all unpaid taxes are declared to be liens against the property on : which such taxes have been levied . Taxes levied prior to the year 1929 may be paid without interest to and including October 1st , 19290 Delinquent taxes which shall not be paidwithin that time shall draw interest at the rate of twelve per cent - per annum from , the date of the levy of the tax and may be collected as provided in this Act ° The Town Council shall have the right to correct any inequalities or to make any reasonable adjustment as to delinquent taxes ° Section 350 The Town Council shall have full and canplete 4Alb VCS et* • 12 vfrls1:;ictfon„ and control publ:"..c or ieoleted roads, ways, avenues, streets and ,alleys in the -.Limis of sail town and ehall have the power to cause ohstructione to be renoved -6 ,orefrom and to rc:strain and rfLulte tne I ti OV• I:kny person or corporation whatsoevr to tIlt! l'nd that 1..4,o 1 \ comfort Ari.d. welfare the public) may be secured and pre- rved. The coon dench fro ow water merk te bulkhead lin* alyo Oetween the ;,ortb and south lirats of zk-vld Town is hereby Om- i ared to be a public highway and the Town is .lereby given jurisie ion and control over the sameo Section 360 The To Council is nereb-,' authorized 4 ordinance, to regulate, provide for and require the oienin • den ing extending and improving of streets, avenues and public places, and the construction and maintenance of bulkheads along the ocean frotlt: the cont:eucton and. mainta-:canee o sidewlhlkE. antl street pavements! the establishment and maintenance end keepinj in order of grass plots and parkways in front of the Lrorty between the property lines or cut of sidewalk lines, and the driveways in the center of the streets; the drainage and filling in of '.owelaces, public or private, dangerous to public health, and. the oloaninE up and putting into proper condition of places requiring such work to • be ,:ione to promote the publLc welf.are; snd the construction and nA3,intent1n00 of water mains, eewers find cIr6ins, and ms44 O 0117:Coc, provld for the i::ayment of the cost thereof by 6eheral taxation or special assessment of the cost thereof a6 inet the property irons ur aoutt1n6 ,,;:/ the strontp avoirr,le or public ,)latee ee earl* Is done, in proportion to the frontaj,e of tne pre .srty thereon, the special assessment being mode ler fiel ;-it foot of the tth tting property, or part of the cet ter17_o by orkli- namee, paid to general taxation of all property of the town, and • • 20 the remainder by suoh special assessment, and in case of drainage or filling in of low places (other than streets, avenues and public places) dangerous to public health, and the cleaning up and putting into prop-or condition of illness requiring such work to be done to protect the public welfare, shall provide for the payment of the cost thereof by special assessment of the cost of such work or of such part of the ccat as may be provided by ordinance, against the property upon which such work is done, and the town shall have a lien superior to all other liens upon the abutting property,, or upon the property drained and filled in or cleaned up and put in proper con- dition, as the case may be, for the amounts of special assessments, together with the interest thereon and the coat of collection thereof. Section 37, The Town Council may, by resotution, provide for the doing of any work desc .ibed in the preceding section, includ- ing construction, reconstruction, repair, paving, repaving, hard- surfacing and re-ha.rdsurfacing of streets, boulevards and alleys; for grading, re-grading, leveling, laying, relaying, paving, repaving, hard surfacing and re-hardsurfacing sid.ewalks, and the construction and maintenance of bulkheads along the ocean front, and for the pay- ment of all or any part of the cost of such itprovement by levying and collecting special assessments on the abutting, adjoining, oontig- uous or other speciaTh, benefited property . Al l the provisions of Chapter 9298 of the Laws of Florida, entitled, "AN ACT HOVIDLIC; A SUPPLEMENTAL, ADDITIONAL AND ALTERNATIVE METHOD OF' MAKING LOCAL 'Nino VENTS IN CITIES, TOWNS AND MUNICIPAL CORPORATIONS„, AUTHORIZING AND PROVIDING 'FOR SPEC]:AL AS SESSIVEN TS FO T COST '17.1.1-:REOFft ,ANIi.) A i.TT AND PROVIDING FOT SPECIAL ASSESSMENTS E 0 . THD COST THEREOF„ AND A UTHORIZ INC; THE ISSUANCE AND SALE OF BONDS IN SUCH MUNICIPALITIES IN [2,ONNECTIoN 7:ITH SAID LOCAL 7:: YPOVEMLNTS, SAID F3ONDS TO BF GENERAL • • OBLIUAT ON : OF T J1. N Ci P.LITIFS», approved May 19, ].923, are hereb.7 t c t. ed a6 a part of: the charter of the Town of Atlantic Beach, and insofar as the powers of said Town are enlarged by .;ectL t,~l . e r,?e pr. ,.cec ; re shall be f'o' lowed, RS neisr _y as may be, as to exercise of such powers, and all acts of the Town in regard thereto vhail be as valid and eff'ect4xe as if said powers were enumerated in said chapter. Bonds may be issued under the provisions of Chapter 9298 of the Laws of Florida for the construct- ion of bulkheads and sidewalks, but before bonds shall b'e issued under the provisions of this section for any other purpose, the authority to issue the same must be approved at an election held as provided in Section 39 of this Act. Section 38. The Town Council is authorized to borrow from time to time such sums of money as they deem necessary for the benefit of said town, provided the total amount utstanding at no time exceeds Five Thousand ($5000.00) Dollars, and the money so borrowed shall be paid from the collection of delinquent taxes or from current taxes or provision shall be made in the next tax levy for the payment of the same. Section 39. The Mayor and Town Council in their corporate capacity are hereby authorized to issue from time to time, the bonds of said Town, of such denominations, bearing such rate of interest f { fyo becoming due in such time and upon such conditions as may, b j or- 1 ei dinanee, be determined, to an amount not exceeding ten per cent of J , the assessed value of the real estate within said town, as the Saha) shall appear upon the town assessment roll, which bonds shall be used for such municipal purposes as may be provided by ordinance, j \ and for the payment of which bonds and the interest thereon, the entire taxable property in said Town shall be thereby pledged, provided, that before the issuance of said bonds shall be made, the issuance of the bonds then proposed to be isausd shall be pro. • cs 22 m vided for by ordinance,,, expressing in general terms the purposes for which such bonds are to be used, and subsequently approved by three-fifths of the votes cast by the qualified electors of said Town who were qualified to vote at the town general election held 1 next preceding such eleetiona who are freeholders in said town (or if said question of issuing bonds be submitted to be voted upon at any general town. election9 then by three-fifths of the votes cast by the qualified electors who are freeholders, and are entitled to ., vote at said town election) at an election held for that purpose at _ .'-c,' ‘, that time and in the ra-anner to be prescribed by ordinancep or at a `, general town election° The question of the issuance of s aid bonds r_ or any part thereof may be submitted from time to time except that w a . : the amount of a aid bonds, including special assessment bcndss shall at no time exceed ten per cent of the assessed value of the real estate within said town, as the same shall appear upon the last tax assessment roll prior to the issuance of such bonds° The Mayor and Town Council shall levy annually such special tax on the taxable property within the corporate limits of said town as may be necessary to pay the interest on said bonds and provide a sinking fund for the payment of said bondsa Section 400 The Town shall have full power and authority to condemn land and property for any municipal purpose, which shall include lots or parts of lots fronting on the beach° ;.ection 410 Any person over the age oft wenty•one years who is a freeholder of the Town of Atlantic Beach, or who is a qualifi- . ... ed elector in the State of Florida and shall have resided in the Town ninety days during the calendar year in which a general munici- 7 pal election shall be held, and shall register as may be provided by ordinance, shall be a qualified elector in all municipal elections unless herein otherwise provided° • ti - . > - 23 ., Section 420 The Town shall not give or grant any f�<, .nchiee or right to use any street for the purpose of operating along or across ;he same any ot,reet railroad, waterworks, telephone, or electric business, or other business requiring the use of mair pipes or wires in any street, for a term exceeding thirty years, or without reserving the right of reqi iring the grantee of such franchise or right, as a condition precedent to the taking effect of the grant, to give and grant to the town the right, at and after the expiration of such term, to purchase the street, railroad, waterworks, telephone, gas or electric light plant or other property used under or in connection with such franchise or right, or such part of such property as the municipality may desire to purchase at valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration as may be provided by law° Any such franchise or w-•i -;t ° `hieh shall be granted for a longer term or without the conditions herein provided shall be void. No franchise shall take e :'1:ect until it shall be approved by a three-fifths vote of the qual- ified alectors of said town, voting at an election where such question. shall be submitted. The existing right of any person, first or cor- poration to use the streets of said town for any purpose specified in this section, shall not be impaired by the provisions of this Act. Section 43, The Town Council shall have exclusive power to make all public improvements and expenditures authorized by Act, but shall let all contracts for over two hundred dollars to the lowest responsible bidder. Section 44. The Town Council shall not employ or contract with the Mayor or any Councilman or with any other town official° Section 45. All officers of said town before entering upon fin.. ti L) 24 the duties of their office shall take and subscribe to an oath to faithfully perform the duties of their office° Section 460 No suit shall be maintained against the Town for damages arising out of its failure to keep in proper condition any sidewalk, pavements, viaduct, bridge, street, or other public places unless it shall be made to appear that the damage alleged was attributable to the gross negligence of the town, and that written notice of such damage was, within thirty days of the receiving of the injury, given to the Mayor with such reasonable specificu?tions as to time3 and place and witnesses as v'uld enable the town officials to investigate the matters and no verdict shall in any suit be given for an amount exceeding oompensattcr damages to the plaintiff di- rectly attributable to such negligence on the part of the town, and not caused by contributory negligence on the part of the 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 Town Council in a written report, mad the Town Council shall have the right, and, upon the written request of the person injured, it shall be the duty of the Town Council to in- vestigate the matter, and it may, by ordinance, make such reasonable settlement of any such damages as may be agreed upon between the Town Council and the person so damaged, which settlement must be approved by twomthirds of all the members of the Town Council© Section 47© The Town of Atlantic Beach shall nd be annexed to any other municipality in Duval County, Florida. . Section 480 All laws and parts of laws in conflict with this Act are hereby repealed° Section 490 A special municipal election is hereby called to be held on the 9th day of July A.D. 1929, at which election this . v a. 26c Act shall be submitted to the electors of said town who were quail- lied to vote at the general numieipal election held in Augusta A.D. 2928 , Said election shall be held in the manner prescribed b., law, The form of the ballot to be used at said election shall be substantially as follows 8 OFFICIAL BALLOT Special Charter Election, July 90 19290 Town of Atlantic Beach© Make a cross mark (x) before the word "For" or the word "Against"s according as you approve or disapprove of the change in the Town Charter° For approval of an Act of the Legislature of the State of Florida entitled, AN ACT TO FIX THE TERRITORIAL LIT ITS OF THE TOWN OF ATLANTIC BEACH,. TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JURISDICTION AND POWERS. Against the approval of an Act of the Legislature of the State of Florida; entitled, AN ACT TO FIX THE TERRITORIAL LIMITS OF THE TOWN OF ATLANTIC BEACH, TO PROVIDE FOT; ITS GOVERNMENP AND PRESCRIBE ITS JURISDICTION AND POWERS. Section 500 This act shall become operative for the purpose of holding the election,provided for in the preceding section, upon its becoming a law, and shall become fully operative upon its rati- fication and adoption by a majority of the votes cast by the qualified electors at said election to be held on July 9, A©Do 1929, in favor of the approval o: this Actr, Approved June 6, 1929 , .. An Act :Affeetins,.Us. Goverinaosit of Teen. of AtleatIL. ., pm.e sr CasStroisting Balkbead and ether *IN* , aas• BB IT RNA # BY THE LBO # STATE OP FLORIDA: 8 ION 1, Prom and after the first day of January 1 of Atlantic Beach, a municipal corporation in Dorsi County' Florida. Shall be and is hereby authorised horisad and limit of its s tom(10%)por cent to twenty (90%) percent or the sessed mitre., tin or the roe/ end personal prOperty within the corporate . lusts or the . of afalsletitill 11414.4. lenwelyttal k arse to tbs antionst 40 S1i M b evit ift44 isst soil tat* won s** bow Sa _*min o 4 4 4 . f„ Y ; + F .` _-' t y. f" AM x Z b 8 * ,. . r e