Appendix — Town of Largo v. Richmond

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APPENDIX 1.

Chapter 6715—(No. 295).

Aw Act to Repeal Chapter 5511 of the Laws of Florida,

1905, Chapter 6066 of the Laws of Florida, 1909, Chapter

6364 of the Laws of Florida, 1911, and to Abolish the Gov-

ernment of the Town of Largo under the Above Laws and to

Establish a Commission Form of Government for the Town

of Largo, Florida, to Prescribe Its Jurisdiction and Powers,

and Territorial Limits.

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

Section 1. That Chapter 5511 of the Laws of Florida,

1905, Chapter 6066 of the Laws of Florida, 1909, Chapter

6364 of the Laws of Florida, 1911 be and the same are hereby

repealed.

Sec. 2. That the inhabitants of the Town of Largo, Pinel-

las County, State of Florida residing within the territory

hereinafter described shall continue to be and are hereby

constituted a body politic and corporate by the name and

style of the Town of Largo, County of Pinellas, State of

Florida, and by and under such name.

(a) Shall have perpetual succession and shall own, pos-

sess and hold all property real and personal heretofore

owned, possessed or held by the said Town of Largo, Pinel-

las County, State of Florida and shall assume, manage and

dispose of all trust in any way connected therewith.

(b) May sue and be sued, plead and be impleaded in all

courts and places, and all manners and proceedings, may

have a common seal and change the same at its pleasure,

may purchase, receive, hold and enjoy, or sell and dispose

of real and personal property ;

property in fee simple or in trust for public, charitable or

other purposes, and do all things and acts necessary to

carry out the purpose of such gifts, bequests and donations,

with powers to manage, sell, lease, or otherwise dispose of

the same in accordance with the gifts and bequests,

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(d) Shall have the power, within and without its terri-

torial limits to construct, condemn, purchase, acquire, lease

or to maintain, conduct and operate within, and without its

corporate limits, wharves, warehouses, ship channels, break

waters, jetties, water-works, parks, drives, light plants, tele-

phone systems, power plants, transportation systems, grave

yards, pest houses, hospitals and libraries for the use of said

town and its inhabitants, and to make a contract of what-

ever nature in connection therewith and shall enforce such

purchase if necessary by emminent domain proceedings, and

shall have the right and power to issue bonds upon the ma-

jority vote by real property tax payers at any general or

special election, provided, however, that the maximum

amount to which the said town of Largo may bond shall not

exceed 25% of its assessed valuation.

(e) May contract and be contracted with in regard to all

matters and things.

Sec. 3. A corporate authority of the said town shall be

vested in a board of five commissioners, one of whom shall

be Mayor and one of whom shall be Town Treasurer,

selected by the Board of Commissioners at their first regu-

lar meeting upon assuming the duties of the office of Com-

missioners.

Sec. 4. At an election to be held on the first Tuesday in

July, 1913, there shall be elected a Board of five Commis-

sioners of said Town. The Commissioners of said Town

shall hold office for the term of two years: Provided, That

the first five Commissioners so elected in July, 1913, shall

draw lots, and two of them shall serve until the first Tues-

day in June, 1914, and the remaining three shall serve until

the first Tuesday in June, 1915, and their successors re-

spectively shall be elected for the term of two years. The

annual elections of such officers (except for the year 1913)

shall occur on the first Tuesday in June, and they shall hold

office until their successors are elected and qualified. The

Board of Commissioners shall have authority to fill vacan-

cies that may occur in the Board, by death, resignation, or

inability to act. The Mayor shall have jurisdiction for the

trial of all offenders against the town ordinances. He shall

see that the ordinances of the town are faithfully executed,

he shall have the power by his warrant to have brought

before him any person or persons charged with a violation

of the town ordinances, and to require the attendance of

witnesses from the town, the accused and a policeman; to

administer oaths; to take affidavits, and inquire into the

truth or falsity of all charges preferred; to decide upon the

cuilt or the innocence of the accused and to affix and enforce

a penalty, the sentence prescribed by law, and the ordi-

nances of the town; to pardon and release persons convicted

by him, in term, time or otherwise; to issue his mandate in

writing to the marshal; to have and exercise all powers in-

cident and usual to the due enforcement of his jurisdiction.

Appeals from the judgment and sentence of the Mayor shall

be taken in time and manner prescribed by law, but all

appeal bonds shall be submitted to the Mayor, and if ap-

proved by him said appeals shall operate as a supersedeas.

He shall keep a record of his official acts, substantially set-

ting forth the charges preferred against the parties brought

before him by warrant or otherwise, and judgment rendered

in each and every case and he shall require the town man-

ager to make and preserve such record by regular minutes.

Sec. 5. The Mayor shall have general supervision over

all town officers except the Board of Commissioners, and

may examine into the condition of their offices and the books,

records and papers therein, and the manner of conducting

_ their official busines, he shall report to the Board of Com-

missioners all violation or neglect of duty or any misfeas-

ance, malfeasance or nonfeasance in office, neglect of duty,

or improper conduct on the part of any town official that

may come to his knowledge.

Sec. 6. The Mayor shall communicate from time to time

to the Board of Commissioners such information and such

recommendations of measures touching the public service

as he may deem proper. He shall take care that all ordi-

nances and laws of the town and the orders of the Board of

Commissioners are enforced and he shall perform such

other duties as the ordinances may require.

Sec. 7. The Mayor may be impeached by the Board of

Commissioners for misfeasance, malfeasance, or non-

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feasance in office, or for drunkenness or habitual intoxica-

tion, and he may be removed from office upon conviction by

an affirmative vote of a majority of the members of the

Board of Commissioners. Should charges be preferred

against the Mayor at any time they shall be in writing and

shall clearly set forth the offence or offences of which he is

accused and a copy thereof signed by the President of the

Board of Commissioners pro tempore and attested by the

town clerk with the seal of the town attached, shall be served

on him by the marshal, and the Commissioners shall pro-

ceed 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.

Src. 8. The Mayor shall be ex-officio president of the

Board of Commissioners, and in the event of his absence

from the town or his inability from sickness or any other

cause to discharge the duties of his office the Board of

Commissioners shall elect a temporary President who shall

discharge the duties of the Mayor.

Src. 9. The legislative power of the corporation shall

be exercised by a Board of Commissioners composed of

five members who shall serve for a period of two years and

until their successors are elected and qualified except as

otherwise provided for in this Act, the first election of the

Board of Commissioners provided for in this Act shall be

held on the first Tuesday in July, 1913, and on the first

Tuesday in June of every year thereafter. All vacancies

in the Board of Commissioners between elections shall be

filled by the votes of the remaining members of the Board

of Commissioners. The members of the Board of Com-

missioners shall elect one of their members to be Mayor,

and one to be town treasurer. The Mayor shall receive

such compensation for his services as may be prescribed

by ordinance. The treasurer shall give such bond as may be

determined by the Board of Commissioners, and shall re-

ceive such compensation as may be prescribed by ordinance.

Src. 10. The Board of Commissioners may determine

its own rule of procedure and punish the members for non-

attendance or disorderly conduct according to its own pre-

scription. Three-fifths of the members conferring it may

expel a member for non-attendance or other improper con-

duct while in office, the majority of the members of the

Board of Commissioners will be required to form a quorum

for the transaction of business, but a smaller number may

adjourn from day to day and under the ordinance may

compel the attendance of absent members by fines and

penalties. The temporary President of the Board of Com-

missioners, and the Town Clerk shall have the power to ad-

minister necessary oaths, and may issue subpoenas and

compulsory proceedings to compel the attendance of per-

sons, and the production of books and papers before the

Board of Commissioners, or any Committee of the same.

The Board of Commissioners shall hold meetings at such

times as it may determine, not less than one regular meet-

ing each month.

Sec. 11. The Board of Commissioners shall have power

by ordinance to levy and collect all taxes, to appropriate

money and provide the payment of all debts and expenses

of the town; to make regulations to prevent the introduc-

tion of contagious diseases in the town; to establish hos-

pitals; jails, houses of correction and detention, and to

make regulations for the government thereof; to make regu-

lations to secure the general health of the inhabitants and

to prevent and remove nuisances; to provide for the clean-

ing and keeping in good sanitary condition of all premises

within the limits of the town; to regulate the construction

and arrangement of earth closets and privys and to make

all reasonable rules and regulations in regard thereto; to

provide the town with water by waterworks; to establish

fire departments; to provide for lighting the town, and to

own lighting plants; to make appropriations to open, alter,

abolish, widen, extend, establish, improve, clean and keep

in repair streets, alleys, sidewalks and sea-walls, to ereet,

establish and keep in repair privys, culverts, sewers and

gutters; to grant rights and franchises to and upon the

streets, alleys, public roads, ways and avenues of said town

for public utility; to make appropriations for lighting

streets and public buildings, and for the erection of all

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buildings necessary for the use of the said town; to license,

tax and regulate all privileges taxable by the State; to pro-

hibit and suppress all gambling houses, bawdy and dis-

orderly houses, and obscene pictures and literature to regu-

late and restrain or prevent the carrying on or manu-

factories dangerous in causing or producing fires, and to

regulate and license the sale of fire arms, to suppress the

carrying of concealed weapons to regulate the storage of

combustible, explosive and inflammable materials; to pro-

vide for and regulate the inspection of pork, beef, flour,

meal, and all other provisions, oils, whiskey and other

spirits; regulate the inspection of milk, butter, lard and

other provisions; to regulate the vending of meat, poultry,

fruit and vegetables; to establish and regulate markets; to

impose penalties upon owners, occupants, 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 re-

moved or repaired, and to condemn property for municipal

purposes; sell gas, water and electrie power, and any other

products of any public utility operated by the town; to re-

ceive bequests and devices, to execute all trusts left to the

town; to control wharves and fix rates of wharfage within

or without the corporate limits of the town; to establish

pounds within the corporate limits of the town; to provide

for enclosing, improving and regulating public grounds

belonging to the town in or out of the corporate limits; to

pass all ordinances necessary to health, morals, convenience

and safety of the citizens; to secure peace and good order

in the town and to earry out the full intent and meaning

of this Act, and to accomplish the object of this incorpora-

tion; to provide for the appointment of a police force, to

provide for the arrest of any persons violating any ordi-

nance and for the punishment upon conviction by fines, for-

feitures, penalties and imprisonment, with or without labor,

but no penalty shall exceed $500.00 and no term of punish-

ment shall be for longer term than three months for the

same offence.

Src. 12. The Board of Commissioners shall have power

to appoint an officer to be known as town manager whose

duty shall be to act as town clerk, town tax collector, town

tax assessor and town marshal, and such other duties as

may be prescribed by the Board of Commissioners. He

shall be required to furnish bond in such amount as may be

determined by the Board of Commissioners. He shall ae-

count to the Board of Commissioners for all moneys, papers

and properties handled by him. He shall hold office at the

pleasure of the Board of Commissioners. He shall be re-

quired to turn over all moneys to the town treasurer at

least twice each month and take proper receipts therefor.

Sec. 13. It shall be the duty of the town manager to at-

tend all meetings, both regular and special, of the Board

of Commissioners to aid in enforeing of order under the

direction of said officers; to execute the demands of the

Board of Commissioners from time to time, as well as the

Mayor, in the line of his duty, and to execute all processes

issued by the authority thereof; to attend the Mayor’s

court during its sittings, and to execute his demands, to

aid in enforeing order therein under the direction of the

Mayor, and to perform such other duties as may be appro-

priate to his office under the provisions of the law, or as

may be required by ordinance. He shall have powers of ar-

rest and be controlled by the Board of Commissioners.

Sec. 14. The Board of Commissioners shall have the

power to require the town manager to perform the duties of

sanitary inspector, and perform such other duties in refer-

ence to the inspection of property and premises, and re-

porting the same as the Board of Commissioners may

require.

Sec. 15. The town shall have the power to raise by tax and

assessments upon all real estate and personal property, all

sums of money that may be required for the improvement

and good government of the town, and for carrying out of

the powers and duties herein granted and imposed.

Sec. 16. The town may make its own assessment of the

property for assessment, but the tax levied for one year

must not exceed the sum of twenty mills on the dollar, ex-

cept for the purpose of paying the interest and sinking

fund on bonds issued and authorized by the said corpora-

tion as provided by law, but this provision must not be con-

strued so as to prevent the town from making such special

assessments of property for improvements as are specified

in this Act. All assessments of property for taxation shall

be as nearly as practicable in the manner now provided by

law of the State for the assessment of taxes. It shall not be

necessary to describe personal property assessed for taxa-

tion, and the term ‘personal property’’ shall be a sufficient

description to sustain any listing and assessment of the

personal property of any person, firm or corporation.

Src. 17. It shall be the duty of the town tax assessor to

make out and submit to the first meeting, or as soon there-

after as practicable, of the Board of Commissioners in Au-

gust of each year, a preliminary assessment roll of the town.

As soon as practicable after the assessment roll shall be

completed, and submitted to the Board of Commissioners, it

shall cause to be published or posted at the town hall, and

two other public places in the town, a notice that the said as-

sessment roll has been submitted to the Board of Commis-

sioners, and approved, and requiring all persons desiring

to have correction thereof made, whether in the listing,

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 notice, their petitions to

the Board of Commissioners setting forth their objections

to the said assessment, and the correction that they desire

made. Said notice shall be published for two consecutive

weeks in some newspaper published in Pinellas County, or

posted as aforesaid, and said notice shall name a time and

place when and where the Board of Commissioners shall

meet for the purpose of equalizing the assessments and

making proper corrections. From the date of the first

publication of said notice, to and including the time of

such meeting of the Board of Commissioners, the assess-

ment roll shall be open to the inspection of the public dur-

ing reasonable office hours.

All petitions for correction of assessments so filed with

the town tax assessor shall be by him delivered to the Board

of Commissioners, and the Board by Committee or other-

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wise shall investigate concerning the same; and upon the

day named therefor in the notice, shall meet and sit as an

equalizing board for the purpose of equalizing the said as-

sessments and correcting the same, and shall consider and

act upon all petitions, and shall make such changes in the

raluation or listing of the property as may be necessary to

the proper, just and legal equalizing of said assessment. It

shall be the duty of the town tax assessor to make out a

complete tax roll, as corrected by the Board of Commis-

sioners, and after the same has been adopted and approved

by the Board of Commissioners, it shall stand as the as-

sessment of taxable property in the town. As soon as

practicable after such approval and adoption of the as-

sessment roll, the Board of Commissioners shall determine

and fix the rate of taxation, and make the annual tax levies

of the current year. The Board of Commissioners may levy

a tax to be raised as a whole, or make special levies for par-

ticular purposes as to them shall seem best.

Sec. 18. All taxes shall be due and payable on the first

day of November of each year or as soon thereafter as the

assessment roll shall have been completed, due notice of

which shall be given for two consecutive weeks in some

newspaper published in Pinellas County, or by posting such

notice at the town hall or two other public places in said

town, and the taxes remaining due on the first day of Jan-

uary thereafter shall be enforced in the manner prescribed

by jaw, and interest at the rate of twelve per cent per

annum from the first day of January shall be added thereto

and collected; provided no interest shall run until ten days

have elapsed from the date of the first publication or post-

ing of said notice by 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.

See. 19. The Board of Commissioners shall have full and

complete jurisdiction, charge and control over all publie or

dedicated parks, roads, whart's, beaches, water fronts, ways,

avenues, streets, and alleys, within the limits of the said

town, and shall have power to cause obstructions to be re-

moved therefrom and to restrain and regulate the use and

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occupation of same by any person or corporation whatso-

ever to the end that the safety, comfort, and welfare of the

public may be secured and preserved.

See. 20. The Board of Commissioners are hereby author-

ized, by ordinance, to regulate, provide for, require the

opening, widening, extending and improving of streets,

avenues and public places; the construction and mainte-

nance of sidewalks and street pavements; the establishment

and maintenance and keeping in order of grass plots and

parkways in front of property between the property lines,

and the driveways and the center of the streets; the drain-

age and filling in of low places, public or private, danger-

ous to public health, and the cleaning up and putting in

proper condition of places requiring. such work to be done

to promote the public welfare; and the construction and

maintenance of water mains, sewers and drains, and may

by ordinance provide for the payment of costs thereof by

general taxation or by special assessment of the costs

thereof against the property so benefited, and in case of

draining or filling in of low places (other than streets, ave-

nues, public places or alleys) dangerous to public health,

the cleaning up and putting in proper condition of places

requiring such work to be done to protect the public wel-

fare, shall provide for the payment of the costs of such

work by special assessment of the cost thereof or of such

part of the costs 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 all abut-

ting property, or upon the property drained and filled in

or cleaned up and put in proper condition as the case may

be, for the amounts of the special assessments, together

with the interest thereon, and all the costs of collection

thereof. Whenever the doing of such thing is provided for

by ordinance, the ordinance providing for the same shall

state the estimated cost thereof, and the estimated amount

per front foot as special assessment to be levied upon abut-

ting property, or the estimated costs to be specially as-

sessed against the property drained, filled in, cleaned up,

or put in proper condition as the case may be, and shall be

published once a week for four weeks in some newspaper

published in Pinellas County, Florida, or posted at the town

hall and two other publie places in said town for thirty

days, and the Board of Commissioners shall meet as soon

as practicable after the expiration of said publication or

posting at a time named in the ordinance, and permit any

owners of, or any persons interested in, any property

against which it is proposed to levy such special assess-

ment to present the Board of Commissioners any objection

which he may have to the enforcement of the requirement

of such ordinance and shall have power, if they deem just

and right, to require the same, to repeal or amend said

ordinance; but no such amendment shall increase the

amount to be specially assessed against the property, or

shall the assessment against any property be in excess of

a special benefit accruing to said property by reason of such

work. Any persons owning or interested in any property

to be especially assessed or generally assessed for such

work, who shall not at such meetings present in writing to

the Board of Commissioners his objections to said ordi-

nance, shall be deemed to have consented to its provisions,

and any person so presenting his objections to said ordi-

nance, and not satisfied with the act thereon, shall have the

right within sixty days to present to any court of compe-

tent jurisdiction against the enforcement of such ordinance,

and the court shall have the power upon proper cause

shown, to grant such injunction, and any person not pre-

senting his bill for injunction within sixty days, or failing

to push to a successful conclusion with due diligence his

application for injunction shall be deemed to have con-

sented to the enforcement of the ordinance, and the levy

and collection of the special assessment and taxes, neces-

sary thereto, he shall not thereafter be heard to defend

against or question the validity of such tax or special as-

sessment. The Mayor and the Board of Commissioners

are hereby authorized to provide by ordinance for the issu-

ance of special assessments, town certificates for such

amounts and drawing such rates of interest, and upon such

terms and conditions as may be deemed necessary to enable

the town to pay the costs of such work, pending the colleec-

tion of special assessment and taxes and to provide for the

payment thereof with interest, and the Board of Commis-

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sioners shall as soon as practicable after the completion of

such work by resolution, fix a special assessment upon

property benefitted by the special assessment against the

property drained, filled in, cleaned up or put in proper con-

dition as the case may be, at an amount not exceeding either

the actual cost of the work or the estimated special assess-

ment for the work. Any person desiring in any way to

contest the validity of any such special assessment or lien

shall, within sixty days after the publication and posting

at the town hall and two other public places in said town

of the resolution, fixing the special assessment, institute

suit to have an enforcement thereof enjoined, or its valid-

ity legally declared, and no person instituting such suit

shall hereafter be heard to question the validity thereof or

to defend against enforcement of the said lien upon the

grounds of invalidity. Any such special assessment paid

within sixty days after the publication or posting of such

resolution shall be accepted without interest, and if not paid

within the said time shall bear interest from the date of

publication or posting at the rate of eight per cent per

annum. The Mayor and Board of Commissioners may by

ordinance provide for the payment of such special assess-

ment in installments, and for the collection by the enforce-

ment of liens by attorney or attorneys after any payments

have been made in compliance with the provision of such

ordinance. The liens for the amount of such special assess-

ment shall be enforced in the same manner as is provided

herein for the collection of taxes.

Sec. 21. All persons who shall possess the qualifications

requisite to an elector at a general State election and shall

have paid poll taxes as provided by law and as prescribed

at State elections and shall have resided in the town for

three months next preceding the election and shall have

been registered in the municipal registrations as shall be

prescribed by ordinance shall- be a qualified elector of the

town in all general and special elections except bond elec-

tions, and provided that the State and County registration

shall not be required to qualify an elector of the town. All

electors voting in bonding elections shall possess the above

requirements and in addition thereto shall be tax payers

on real or personal property in the corporate limits of the

town as shall be evidenced by the last approved tax roll.

The Board of Commissioners shall provide for holding

all elections and for canvassing the votes and certifying the

result thereof. The election shall be held as near as may

be in accordance with the law governing elections for

County officers and the same form of ballot shall be used

as is now provided by law for the use in elections for County

officers, any person desiring his name to be printed upon

the official ballot as a candidate for any office shall not less

than fifteen days before the election file with the town clerk

a petition signed by five or more qualified electors of the

said town, asking that his name be placed on the official

ballot as a candidate for such office. The Board of Com-

missioners shall have the ballot prepared and printed, and

shall place upon the official ballot the names of those for

whom petitions have been filed within the time provided and

no others, but shall leave upon such ballots sufficient space

for other names to be written in by the voters.

See. 22. All officers of the said town before entering upon

the duties of their office shall take and subseribe to an oath

to faithfully perform the duties of their office.

See. 23. Any officer of the said town may be impeached by

the Board of Commissioners and removed from office for

misfeasance, malfeasance, or non-feasance in office, or for

drunkenness or habitual intoxication upon an affirmative

vote of three-fifths of the Board of Commissioners. Should

charges be preferred against any officer, the same proce-

dure shall be had and observed as provided in this Act in

the case of charges against the Mayor.

Sec. 24. The officers of the town of Largo shall have and

exercise all powers conferred by general law upon munici-

pal officers not inconsistent with the terms of this Act.

See. 25. The Board of Commissioners shall have exclu-

sive power to make all public improvements and expendi-

tures authorized by ordinance, but shall let all contracts

for over two hundred dollars to the lowest responsible

bidder.

Sec. 26. No suit shall be maintained against the town for

damages arising out of its failure to keep in proper condi-

tion any sidewalk, pavement, viaduct, bridge, wharf, street,

or other public place, unless it should be made to appear

that the damage alleged was attributable to the gross neg-

ligence 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 specifications as to time

and place, and witnesses, as will enable the town officials

to investigate the matter, and no verdict shall in any suit

be given for an amount exceeding compensation, damages

to the plaintiff directly attributable to such negligence on

the part of the town and not caused by contributory negli-

gence on the part of the plaintiff. It shall be the duty of

the Mayor on receiving such notice to at once investigate

the matter and lay the facts supported by the evidence

before the Board of Commissioners in a written report.

The Board of Commissioners shall have the right and upon

a written report of the person injured it shall be the duty

of the Board of Commissioners to investigate the matter

and it may by ordinance, make such reasonable settlement

of any such damages that may be agreed upon before the

Board of Commissioners and the person so damaged, which

settlement must be approved by a three-fifths vote of all the

members of the Board of Commissioners.

Src. 27. The numbers, powers, duties, terms of office and

time and manner of election and appointment of any and all

Boards and officers of the town of Largo created by the

State Legislature or any town ordinance, excepting only

the legislative powers given the Board of Commissioners

may be omitted and changed for any and all boards and

officers whether created by State legislation or town ordi-

nance may be abolished, and new boards and officers cre-

ated by ordinance adopted by the affirmative vote of three-

fifths of all the members of the Board of Commissioners,

and at a general or special municipal election approved by

the affirmative vote of the majority of all the qualified

electors who shall have voted on the proposition; Provided

that not less than twenty per cent of the qualified voters

shall have voted on such proposition, and provided, that

once for three weeks preceding such election such ordinance

or ordinances shall have been published in Pinellas County,

Florida, and posted in the town hall or two other publie

places in said town; and provided further that the town

electors should be given an opportunity at such election to

vote separately for each amendment upon the proposed

changes to each office to be effectual, and, provided further,

that this Act shall not deprive the Board of Commissioners

from creating or abolishing any office not created or recog-

nized by the State Legislature, or ordinance approved by

the votes of the electors of the town.

Sec. 28. The present municipal government of the town

of Largo shall provide for an election to be held first Tues-

day in July 1913 for the purpose of electing five Commis-

sioners provided for in this Act.

Src. 29. The holder of any elective office may be removed

by the qualified electors.

Method of Procedure.

(1) The procedure to effect the removal of an incumbent

of an elective office shall be as follows: A petition signed by

the electors qualified to vote at a municipal election in said

town if held at the date of the filing of said petition equal

in number to at least fifty per centum of the entire vote east

at the last preceding municipal election demanding an elee-

tion to determine whether or not said officers shall be re-

moved from office, shall be addressed to and filed with the

town clerk, and said petition shall contain a general state-

ment of the ground for which the removal is sought in not

more than two hundred words (200), which statement shall

not be open to review.

Signatures to Petition.

(2) The signatures to the petition need not all be ap-

pended to one paper, but said petition may be presented

in sections. The number of signatures to each section shall

be at the pleasure of the person soliciting signatures to the

same. Any qualified voter or tax payer of the city shall be

competent to solicit said signatures. Each section shall

have attached thereto the affidavit of the person soliciting

signatures to the same, stating that all the signatures to the

attached section were made in his presence, and that each

signature to the section is the genuine signature of the per-

son whose name purports to be thereunto subscribed, and

that no other affidavit thereto shall be required. Each

signature, the genuineness of which is not called in question

by the sworn affidavit of the purported owner thereof, shall

be presumed to be genuine. Until it be proved otherwise by

official investigation it shall be presumed that the petition

presented contains the signatures of the requisite number

of qualified voters, and conforms to all other legal require-

ments. Each signer of said petition shall add to his signa-

ture his place of residence, or a description which will en-

able his place of residence to be determined, and _ his

occupation.

(3) Said petition shall be presented to the town clerk for

filing and within ten days from the date of the presentation

of such petition, the clerk shall examine and ascertain from

the records of registration whether or not said petition is

signed by the requisite number of electors qualified to sign

said petition, and if necessary the clerk may employ extra

help for that purpose, and the clerk shall attach to said peti-

tion his certificate showing the result of said examination.

If by the said certificate, the petition is shown to be insuffi-

cient, as to the number and genuineness of signatures, it

may be amended by additional signatures within five days

from date of said certificate. The clerk shall, within five

days after such amendment make like examination of the

amended petition, and if his certificate shall show the same

to be insufficient in the same particulars, it shall be re-

turned to the person presenting the same without prejudice,

to the presentation of a new petition to the same effect.

Recall Election.

(4) If the petition shall be found to be sufficient as to the

number and genuineness of the signatures, the clerk shall

forthwith file the same in his office, and a special election

shall be held within twenty days from said filing to de-

termine whether said electors will recall such officer. All

arrangements for said election shall be made, and the same

shall be conducted, returned, and the results thereof de-

clared, in all respects as are all other municipal elections

provided for in this charter, except as in this section other-

wise provided, and except also that the clerk shall give and

sign the notice of proclamation of election, appoint the elee-

tion officers, and designate the polling place in each elee-

tion precinct.

Office Justification.

(5) In the published eall for the election there shall be

printed in not more than two hundred words the reason for

demanding the reeall of the officer as set forth in the re-

eall petition, and in not more than two hundred words the

officer may justify his course in office.

Voting. Canvass of Returns.

(6) At such recall election, the ballots shall read:

Shall ——- —— (naming the officer) be recalled? Yes.

Shall —— (naming the officer) be recalled? No.

If a majority of the electors voting on the recall of the

officer sought to be removed, shall vote in favor of such

recall, said officer shall thereupon be deemed removed from

office and his incumbency thereof shall terminate upon the

declaration of this result of said election by the canvassing

board thereof. In the published call for such election, the

clerk shall name three disinterested electors who shall act as

a canvassing board thereof. It shall be the duty of said

canvassing board to canvass the returns of said election,

and to declare the results thereof in the same manner and

with the same force and effect as otherwise herein pro-

vided for the canvassing boards of general municipal

elections.

Election of a Successor.

(7) Within three days after the canvass of the vote of the

said election, the clerk shall issue the eall for election for

the purpose of electing a successor to the officer so removed.

Said election shall be called and held in all respects as

herein provided for the election for the recall. The power

and duties of the clerk shall be the same as in the recall

election. Said election shall be held upon notice of not less

than twenty, and not more than twenty-five days, and the

said election shall be held within thirty days from the date

of canvass of the vote of the recall election. In the event

that by reason of the recall there shall not remain in office

a majority of the Board of Commissioners, it shall be the

duty of the town clerk to appoint qualified persons to fill

such vacancies until the election and qualification as herein

provided of the successors of the officers recalled.

Sec. 30. The territorial area of the Town of Largo shall

be as follows: Southwest quarter of the northeast quarter,

south half of the northwest quarter, the southwest quarter

and the west half of the southeast quarter of section 34,

township 29 south, range 15 east.

Sec. 31. Upon passage and approval by the Governor this

Act shall take effect July 1st, 1913.

Sec. 32. All laws and parts of laws in conflict herewith

are hereby repealed.

Approved June 4, 1913.

APPENDIX 2.

Chapter 7191—(No. 385).

An Act to Enlarge the Powers of the Town of Largo,

Florida.

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

Section 1. When the Commissioners shall deem it expe-

dient to make any municipal improvement the Commission-

ers shall so determine by suitable resolution or ordinance

prescribing the nature of the proposed improvement, and

said resolution or ordinance shall be published in not less

than two issues of a newspaper published in the Town, or

if no newspaper be published in the Town, then in some

newspaper published in Pinellas County, together with a

notice requiring all persons interested to show cause at a

meeting of the Commissioners to be held at a date therein

to be named, which said date shall be not less than eight

days from the first publication of the notice, why the said

proposed improvement should not be made, at which meet-

ing the Commissioners shall have power to repeal or amend

said resolution or ordinance; but if the same shall not be

repealed the Commissioners shall advertise in the manner

above specified for bids for the construction of the proposed

improvement, which advertisement shall be published for

such time as may be prescribed by ordinance or resolution.

And immediately upon entering into the contract for the

proposed improvement property assessable for such im-

provement may be assessed as provided by law, and certifi-

cates of indebtedness against such property so assessed

may be immediately issued and disposed of as provided in

Section 2 of this Act, and the improvement bonds may also

be immediately issued and sold as herein specified; Pro-

vided, that nothing herein shall be construed to prevent or

prohibit the said Town from making improvements and then

assessing the assessable property in the manner provided

by the existing or future organic law of said Town. Pro-

vided, further, that nothing herein shall require said Town

to advertise for bids unless so required by some other pro-

vision of law.

Sec. 2. That the Commissioners may as soon as any as-

sessment for municipal improvements is made issue sepa-

rate certificates of indebtedness against each tract or lot

of assessable property assessed, containing a description

of the land and the amount of the assessment, together with

the general nature of the improvement for which said as-

sessment is made and the date thereof. Said certificates

shall be payable in not less than one nor more than ten

years after date, or the three or five or ten equal install-

ments, as the Commissioners may determine, with interest

to be fixed by the Commissioners at a rate not greater than

eight per cent. per annum, payable annually, from the date

of the issuance of the certificates of indebtedness. The

amount of said certificates and annual interest shall be

guaranteed by the Town, and in case of non-payment of any

interest or principal after maturity by the property owner

the same shall be redeemed by the Town at the option of

Se. |

the holder thereof, but said redemption by the Town shall

not discharge the lien or assessment against the property.

And in case of non-payment of any interest or any install-

ment upon any certificate issued under the provisions of

this Act, it shall be optional with the holder thereof to con-

sider the whole of said sum expressed in said certificate as

immediately due and payable, with interest to date. The

i certificate when issued may be sold or disposed of by the

Commissioners in payment for said work or improvement,

‘ or for cash, in the discretion of the Commissioners, and all

‘ certificates of indebtedness constituting a lien shall be pay-

; able at the Treasury of the Town; Provided, however, that

: the Commissioners at their option, instead of disposing of

3 said certificates of indebtedness and guaranteeing the pay-

ment thereof as above provided, may retain such certifi-

cates and deposit the same with the Town Treasurer in a

special and separate fund to be known as the Improvement

Fund, and may immediately issue and sell bonds to be

designated Improvement Bonds of the Town, with interest

coupons attached, not in excess of the aggregate amount of

said certificates of indebtedness that shall from time to

time be issued, bearing interest at not to exceed six per

cent. per annum, payable semi-annually. Such bonds shall

be issued in such maturities, form and denominations as

the Commissioners shall from time to time determine. Any

bonds that shall be issued pursuant to the provisions of this

section shall not be computed in determining the limitation

of bonded indebtedness prescribed by the Town Charter,

and the amount of such bonds so issued shall never exceed

the amount of certificates of indebtedness deposited with

the Treasurer, and the maturities of the bonds shall coincide

substantially with the maturities of the certificates of in-

debtedness so deposited, and the rate of interest on the cer-

tificates shall never be less than the rate of interest on the

bonds. The proceeds of said certificates when paid shall

be used and applied exclusively to the payment and retire-

ment of the bonds so issued, and all such bonds shall bear

a certificate duly signed by the Treasurer certifying that

certificates of indebtedness equal in amount to the face

value of the bond being issued have been deposited by the

DFS TTS OR A RAIDS TY Fe

Town with said Treasurer. In eases there shall not be

sufficient money in the improvement fund to pay any install-

ment of interest at maturity, the Commissioners shall bor-

row such an amount of money as shall be necessary for said

purpose, issuing a note against said fund, which note shall

be retired as soon as funds are available for that purpose,

and such note shall bear interest at not more than eight

per cent. per annum.

Sec. 3. In all cases where certificates of indebtedness

have been issued and sold, and in all cases where contracts

have been let by the terms of which the contractor, obligat-

ing to construct municipal improvements, has agreed to take

certificates of indebtedness in payment for the work, and in

all eases where certificates have heretofore been issued but

not sold, it shall be optional with the Commissioners to is-

sue improvement bonds under the provisions of this Act

and exchange the same for such certificates of indebted-

ness, or to sell bonds in lieu of unsold certificates of indeb-

tedness, as the Commissioners shall deem expedient; Pro-

vided, that after certificates have been sold bonds shall not

be exchanged therefor without the consent of the owner of

the certificates.

Sec. 4. This Act shall take effect on its passage and ap-

proval by the Governor, or on becoming a law without the

approval of the Governor.

Approved May 25, 1915.

APPENDIX 3.

Chapter 10761—(No. 739).

Aw Acr to Abolish the Municipality Known as the Town

of Largo in Pinellas County, Florida; to Create and Es-

tablish a Municipality to be Known as The City of Largo

in Pinellas County, Florida; to Legalize and Validate the

Ordinances of said Town of Largo and Official Acts

Thereunder, and to Adopt the Same as the Ordinances of

Said City of Largo; to Validate the Contracts of said

Town of Largo; to Regulate the Bringing of Suits

as ae ee |

SRSA heh Es

Against said City and Providing for Notice Thereof, and

to Fix and Prescribe the Territorial Limits, Jurisdiction

and Powers of Said City of Largo and the Jurisdiction

and Powers of Its Officers, and Repealing Chapter 6715

of the Acts of 1913 and Chapter 7191 of the Acts of 1915.

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

Section 1. That Chapter 6715 of the Acts of 1913 and

Chapter 7191 of the Acts of 1915 are hereby repealed, and

the municipal corporation known as the Town of Largo in

Pinellas County, Florida, is hereby abolished and a muni-

cipality to be known as the City of Largo in Pinellas County,

Florida, is hereby created and established to succeed such

former municipality of the Town of Largo in Pinellas

County, Florida. The City of Largo hereby created and

established shall embrace and include all that territory sit-

uated and being in Pinellas County, Florida, described as

follows, to-wit: Begin at the northeast corner of Section

34, Township 29 South, Range 15 East; thence west on the

north line of said Section 34 to the east line of the Seaboard

Air Line Right-of-Way; thence northwesterly along said

right-of-way to intersection with the east and west center

line of Section 27, Township 29 South, Range 15 East;

thence west along said center line to the west boundary of

said Section 27; thence west on the east and west center

line of Section 28 to the northwest corner of the northeast

quarter of the southeast quarter of said Section 28; thence

south along the forty acre line to the southwest corner of

said northeast quarter of the southeast quarter ; thence west

on the forty acre line to the northwest corner of the south-

west quarter of the southeast quarter of said Section 28;

thence south along the forty acre line to the southwest cor-

ner of said southwest quarter of the southeast quarter;

thence west along the north line of Sections 33, 32 and 31,

Township 29 South, Range 15 East, across the waters of

Clearwater Bay and continuing on said line to the three

mile limit on the Gulf of Mexico; thence southerly along

said three mile limit to intersection with the south line

of Township 29 South, Range 15 East extended; thence

east along said Township line to the northwest corner of

the northwest quarter of the northeast quarter of Section 4,

Township 30 South, Range 15 East; thence south on the

forty acre line to the southwest quarter of said northwest

quarter of the northeast quarter; thence east along the

forty acre line through Sections 4, 3 and 2 to the southeast

corner of the northeast quarter of the northwest quarter

of said Section 2, to the northeast corner of said northeast

quarter of the northwest quarter; thence west along the

Township line to the southeast corner of the southwest

quarter of Section 35, Township 29 South, Range 15 East;

thence north along the north and south eenter line of said

Section 35 to the northeast corner of the southeast quarter

of the northwest quarter of said Section 35; thence west

along the forty acre line to the southeast corner of the

northwest quarter of the northwest quarter of said Section

39; thence north along the forty acre line to the northeast

corner of said northwest quarter of the northwest quarter;

thence west along the Section line to the point of beginning.

Sec. 2. That the title, rights and ownership of property,

uncollected taxes, dues, claims, judgments, decrees and

choses in action, held or owned by the Town of Largo shall

pass to, and be vested in the City of Largo hereby created

and established, and the ordinances of the said Town of

Largo shall be and remain the ordinances of the City hereby

organized and established, until altered, amended, modified

or repealed by the Commission of said City hereby created

and established, and the contracts heretofore entered into

by said Town of Largo shall remain in force and be bind-

ing upon said City of Largo.

Sec. 3. That the inhabitants of the City of Largo residing

within the territory hereinbefore described, shall continue

to be and are hereby constituted a body politic and ecorpo-

rate, and by and under such name.

(a) Shall have perpetual succession and shall own, pos-

sess and hold all property, real and personal, heretofore

owned, possessed or held by said Town of Largo, and shall

assume, manage and dispose of all trust in any way con-

nected therewith.

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(b) May sue and be sued, plead and be impleaded in all

courts and places, and all manners and proceedings, may

have a common seal and change the same at its pleasure;

may purchase, receive, hold and enjoy, or sell and dispose

of, real and personal property.

property in fee simple or in trust for public, charitable, or

other purposes, and do all things and acts necessary to carry

out the purpose of such gifts, bequests and donations, with

power to manage, sell, lease or otherwise dispose of the

same in accordance with the gifts and bequests.

(d) Shall have the power within and without its terri-

torial limits to construct, condemn, purchase, acquire, lease

or to maintain, conduct and operate within and without its

corporate limits, wharves, warehouses, ship channels, break-

waters, jetties, sea-walls, water works, parks, athletic fields,

golf links, drives, lighting plants, gas plants, telephone sys-

tems, power plants, transportation system, graveyards, pest

houses, hospitals and libraries, for the use of said City and

its inhabitants, and to make a contract of whatever nature

in connection therewith, and shall enforce such purchase, if

necessary, by eminent domain proceedings, and shall have

the right and power to issue bonds for any of the aforesaid

purposes and for refunding any indebtedness upon the ma-

jority vote of all electors actually voting at any bond elec-

tion, provided that no elector shall participate in any bond

election who is not a free holder in said City, and who is not

otherwise qualified as a voter therein.

Provided also, that the maximum amount to which said

City of Largo may bond shall not exceed twenty-five per cent

(25%) of its assessed valuation.

(e) May contract and be contracted with in regard to all

matters and things.

(f) Shall have all power conferred upon municipalities

by the General Laws of the State of Florida, when not in-

consistent with the provisions of this Act,

Sec. 4. The corporate authority of said City shall be vested

in a board of five commissioners, one of whom shall be

mayor. Said mayor to be selected by said Board of Com-

missioners at their first regular meeting after each general

election. That said commissioners shall hold office for the

term of two years, and the present commissioners of the

Town of Largo are hereby made the commissioners of the

City of Largo, and the term of each commissioner shall ex-

pire at the same time said term would have expired if said

Town of Largo had not been abolished. That the general

election of said Town shall be held on the first Tuesday in

June of each year, and all commissioners shall hold office

until their successors are elected and qualified. The Board

of Commissioners shall have authority to fill vacancies that

may occur in the Board, by death, resignation, or inability

to act. The Mayor shall have jurisdiction for the trial of

all offenders against the city ordinances. He shall see that

the ordinances of the City are faithfully executed, he shall

have the power by his warrant to have brought before any

person or persons charged with a violation of the city ordi-

nances, and to require the attendance of witnesses from the

City, the accused and a policeman; to administer oaths, to

take affidavits and inquire into the truth or falsity of all

charges preferred; to decide upon the guilt or innocence of

the accused and to affix and enforce a penalty, the sentence

prescribed by law, and the ordinances of the City; to par-

don and release persons convicted by him, in term, time or

otherwise; to issue his mandate in writing to the marshal;

to have and exercise all powers incident and usual to the

due enforcement of his jurisdiction. Appeals from the

judgment and sentence of the Mayor shall be taken in time

and manner prescribed by law, but all appeal bonds shall

be submitted to the Mayor, and if approved by him said

appeals shall operate as a supersedeas. He shall keep a

record of his official acts, substantially setting forth the

charges preferred against the parties brought before him

by warrants, or otherwise, and judgment rendered in each

and every case, and he shall require the City Manager to

make and preserve such record by regular minutes.

OT he EI

Sec. 5. The Mayor shall have general supervision over

all city officers, except the Board of Commissioners, and

may examine into the condition of their offices and the books,

records and papers therein, and the manner of conducting

their official business; he shall report to the Board of Com-

missioners all violation or neglect of duty, or any misfeas-

ance, malfeasance or nonfeasance in office, neglect or duty,

or improper conduct on the part of any city official that may

come to his knowledge.

Sec. 6. The Mayor shall communicate from time to time

to the Board of Commissioners such information and such

recommendations of measures touching the public service

as he may deem proper. He shall take care that all ordi-

nances and laws of the city, and the orders of the Board

of Commissioners are enforced, and he shall perform such

other duties as the ordinances may require.

Src. 7. The Mayor may be impeached by the Board of

Commissioners for the misfeasance, malfeasance, or non-

feasance in office, or, for drunkenness or habitual intoxica-

tion, and he may be removed from office upon conviction

by an affirmative vote of a majority of the members of the

Board of Commissioners. Should charges be preferred

against the Mayor at any time they shall be in writ-

ing and shall clearly set forth the offense or offenses of

which he is accused and a copy thereof signed by the Presi-

dent of the Board of Commissioners pro tempore and at-

tested by the City Clerk with the seal of the city attached,

shall be served on him by the marshal, and the Commis-

sioners shall proceed without unnecessary delay to investi-

gate the charges and decide them. The Mayor shall have

the right to be heard in person or by attorney at such in-

vestigation and trial.

Sec. 8. The Mayor shall be ex-officio president of the

Board of Commissioners, and in the event of his absence

from the City or his inability from sickness or any other

cause to discharge the duties of his office the Board of

Commissioners shall elect a temporary president who shall

discharge the duties of the Mayor.

Sec. 9. The legislative power of the corporation shall be

exercised by the Board of Commissioners provided for in

Section 4 of this Act, and all vacancies in the Board of Com-

missioners between elections shall be filled by the votes of

the remaining members of the Board of Commissioners.

The members of the Board of Commissioners shall elect

one of their members to be Mayor. The Mayor shall re-

ceive such compensation for his services as may be pre-

scribed by ordinance.

Sec. 10. The Board of Commissioners may determine its

own rule of procedure and punish the members for non-

attendance or disorderly conduct according to its own pre-

scription. Three-fifths of the members confirming it, may

expel a member for non-attendance or other improper con-

duct while in office, the majority of the members of the Board

of Commissioners will be required to form a quorum for the

transaction of business, but a smaller number may adjourn

from day to day and under the ordinance may compel the at-

tendance of absent members by fines and penalties. The tem-

porary president of the Board of Commissioners, and the

City Clerk shall have the power to administer necessary

oaths, and may issue subpoenas and compulsory proceed-

ings to compel the attendance of persons, and the produc-

tion of books and papers before the Board of Commis-

sioners, or any committee of the same. The Board of Com-

missioners shall hold meetings at such times as it may

determine, not less than one regular meeting each month.

Sec. 11. The Board of Commissioners shall have power

by ordinance to levy and collect all taxes, to appropriate

money and provide the payment of all debts and expenses

of the city, to make regulations to prevent the introduction

of contagious diseases in the City; to establish hospitals,

jails, houses of correction and detention; and to make regu-

lations for the government thereof; to make regulations to

secure the general health of the inhabitants and to prevent

and remove nuisances ; to provide for the cleaning and keep-

ing in good sanitary condition of all premises within the

limits of the City; to regulate the construction and arrange-

ment of earth closets and privies and to make all reasonable

rules and regulations in regard thereto; to provide the City

with water by water works; to establish fire departments ;

AT PEAS, Se RUT oat a one

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to provide for lighting the city, and to own lighting plants;

to make appropriations to open, alter, abolish, widen, ex-

tend, establish, improve, clean and keep in repair streets,

alleys, sidewalks and seawalls, 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 said city; to license, tax and regulate all

privileges taxable by the State; to prohibit and suppress

all gambling houses, bawdy and disorderly houses, and ob-

scene pictures and literature; to regulate and restrain or

prevent the carrying on of manufactories dangerous in caus-

ing or producing fires, and to regulate and license the sale

of firearms, to suppress the carrying of concealed weapons ;

to regulate the storage of combustible, explosive and in-

flammable materials; to provide for and regulate the in-

spection of pork, beef, flour, meals, and all other provisions,

oils, whiskey and other spirits; regulate the inspection of

milk, butter, lard and other provisions; to regulate the

vending of meat, poultry, fruit and vegetables; to establish

and regulate markets; to impose penalties upon owners,

occupants, agents of any house, walk or sidewalk, or other

structure which may be considered dangerous or detrimen-

tal to the citizens unless after due notice to be fixed by

ordinance the same may be removed or repaired, and to

condemn property for municipal purposes; sell gas, water

and electric power, and any other products of any public

utility operated by the city; to receive bequests and devices,

to execute all trusts left to the city; to control wharves and

fix rates of wharfage within or without the corporate limits

of the city; to establish pounds within the corporate limits

of the city; to provide for enclosing, improving and regu-

lating public grounds belonging to the city in or out of the

corporate limits; to pass all ordinances necessary to health,

morals, convenience and safety of the citizens; to secure

peace and good order in the City and to carry out the full

intent and meaning of this Act, and to accomplish the object

of this incorporation; to provide for the appointment of a

police force; to provide for the arrest of any persons vio-

lating any ordinance and for the punishment upon convic-

tion by fines, forfeitures, penalties and imprisonment, with

or without labor, but no penalty shall exceed $500.00 and

no term of punishment shall be for longer term than three

months for the same offense.

Sec. 12. The Board of Commissioners shall have power

to appoint an officer to be known as city manager, whose

duty shall be to act as city clerk, city tax collector, city tax

assessor and city marshal and such other duties as may

be prescribed by the Board of Commissioners. He shall be

required to furnish bond in such amount as may be deter-

mined by the Board of Commissioners. He shall account

to the Board of Commissioners for all moneys, papers and

properties handled by him. He shall hold office at the

pleasure of the Board of Commissioners. He shall be re-

quired to promptly turn over all moneys to the city de-

pository.

Sec. 13. It shall be the duty of the city manager to attend

all meetings, both regular and special, of the Board of

Commissioners to aid in enforcing of order under the diree-

tion of said officers; to execute the demands of the Board

of Commissioners from time to time as well as the Mayor,

in the line of his duty, and to execute all processes issued

by the authority thereof; to attend the Mayor’s court dur-

ing its sittings, and to execute his demands, to aid in en-

forcing order therein under the direction of the Mayor,

and to perform such other duties as may be appropriate to

his office under the provisions of the law, or as may be re-

quired by ordinance. He shall have powers of arrest and

be controlled by the Board of Commissioners.

Sec. 14. The Board of Commissioners shall have the

power to require the city manager to perform the duties of

sanitary inspector, and perform such other duties in refer-

ence to the inspection of property and premises, and report-

ing the same as the Board of Commissioners may require.

Sec. 15. The city shall have the power to raise by tax and

assessments upon all real estate and personal property, all

sums of money that may be required for the improvement

and good government of the city, and for carrying out of

the powers and duties herein granted and imposed.

Sec. 16. The town may make its own assessment of the

property for assessment, but the tax levied for one year

must not exceed the sums of twenty mills on the dollar,

except for the purpose of paying the interest and sinking

fund on bonds issued and authorized by the said corpora-

tion as provided by law, but this provision must not be con-

strued so as to prevent the city from making such special

assessments of property for improvements as are specified

in this Act. All assessments of property for taxation shall

be as nearly as practicable in the manner now provided by

law of the State for the assessment of taxes. It shall not

be necessary to describe personal property assessed for tax-

ation and the term ‘‘personal property”’ shall be a sufficient

description to sustain any listing and assessment of the per-

sonal property of any person, firm or corporation.

Sec. 17. It shall be the duty of the city tax assessor to

make out and submit to the first meeting, or as soon there-

after as practicable, of the Board of Commissioners in

August of each year, a preliminary assessment roll of the

city. As soon as practicable after the assessment roll shall

be completed, and submitted to the Board of Commission-

ers, it shall cause to be published or posted at the city hall,

and two other public places in the city, a notice that the

said assessment roll has been submitted to the Board of

Commissioners, and approved, and requiring all persons

desiring to have correction thereof made, whether in the

listing, valuation of property or otherwise, to file with the

city 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 notice, their petitions

to the Board of Commissioners setting forth their objec-

tions to the said assessment, and the correction that they

desire made. Said notice shall be published for two con-

secutive weeks in some newspaper published in Pinellas

County, or posted as aforesaid, and said notice shall name

a time and place when and where the Board of Commis-

sioners shall meet for the purpose of equalizing the assess-

ments, and making proper corrections. From the date of

the first publication of said notice, to and including the

time of such meeting of the Board of Commissioners, the

assessment roll shall be open to the inspection of the public

during reasonable office hours.

All petitions for correction of assessments so filed with

the city tax assessor shall be by him delivered to the Board

of Commissioners, and the Board by Committee or other-

wise, shall investigate concerning the same; and upon the

day named therefor in the notice, shall meet and sit as an

equalizing board for the purpose of equalizing the said as-

sessments and correcting the same, and shall consider and

act upon all petitions, and shall make such changes in the

valuation or listing of the property as may be necessary to

the proper, just and legal equalizing of said assessment. It

shall be the duty of the city tax assessor to make out a

complete tax roll, as corrected by the Board of Commis-

sioners, and after the same has been adopted and approved

by the Board of Commissioners, it shall stand as the assess-

ment of taxable property in the city. As soon as practi-

cable after such approval and adoption of the assessment

roll, the Board of Commissioners shall determine and fix

the rate of taxation, and make the annual tax levies of the

current year. The Board of Commissioners may levy a tax

to be raised as a whole, or make special levies for particu-

lar purposes as to them shall seem best.

Sec. 18. All taxes shall be due and payable on the first

day of November in each year, or as soon thereafter as the

assessment roll shall have been completed. A discount of

2% shall be allowed on all taxes paid during the month of

November, and a discount of 1% shall be allowed on all

taxes paid during the month of December. No discount will

be allowed on taxes paid during the month of January. Col-

lection of taxes due on the first day of February and there-

after in each year, shall be enforced in the manner pre-

scribed by law, and interest at the rate of 12% per annum

from the first day of February shall te added thereto and

collected. Notice of taxes due, together with discounts and

penalties, shall be given for two consecutive weeks in some

newspaper published in Pinellas County. Any assessments

of taxes shall be and remain a lien upon the property as-

sessed, superior to all other liens or claims until the same

shall be paid.

Sec. 19. The Board of Commissioners is hereby author-

ized to borrow money upon the promissory note or other

evidence of indebtedness of said city for short term periods

in anticipation of the collection of taxes or special assess-

ments, or sale of bonds.

Src. 20. The Board of Commissioners shall have full and

complete jurisdiction, charge and control over all public or

dedicated parks, roads, wharfs, beaches, water fronts, ways,

avenues, streets, and alleys, within the limits of the said

city, and shall have power to cause obstructions to be re-

moved therefrom and to restrain and regulate the use and

occupation of same by any person or corporation whatso-

ever to the end that the safety, comfort, and welfare of the

public may be secured and preserved.

Src. 21. The Board of Commissioners are hereby author-

ized by ordinance or resolution to regulate, provide for and

require the opening, widening, extending, grading and im-

proving of streets, avenues, alleys and other public ways

and places; the construction and maintenance of sidewalks,

curbs and street pavings; the establishment and mainte-

nance and keeping in order of grass plots and parkways in

front of property between the property lines and the drive-

ways and centers of the streets; the construction and main-

tenance of street lighting system, commonly known as white-

ways, and the construction and maintenance of sea-walls;

the drainage and filling in of low places, public or private,

dangerous to public health, and the cleaning up and putting

in proper condition of places requiring such work to be done,

to promote the public health and welfare; and the construe-

tion and maintenance of water mains, sanitary sewers,

storm sewers and drains, and may by ordinance or resolu-

tion, provide for the payment of the costs thereof by gen-

eral taxation, or by special assessment of the costs thereof

against the property especially benefited thereby, or

against the property abutting thereon in proportion to

frontage, and in case of drainage and filling in of low places

(other than streets, alleys, avenues and other public ways

and places) dangerous to public health and safety, the

cleaning up and putting in proper condition of places re-

quiring such work to be done to protect the public welfare,

shall provide for the payment of the costs of such work by

special assessment of the cost thereof, or of such part of

the costs as may be provided by ordinance or resolution,

against the property upon which said work is done, and the

city shall have a lien superior to all other liens upon all

abutting property, or property benefited, or upon the prop-

erty drained and filled in, or cleaned up and put in proper

condition, as the case may be, for the amounts of special

assessments, together with the interest thereon and the

costs of collection thereof.

Whenever the Board of Commissioners shall decide to

make any of the improvements authorized in the preceding

portion of this section, it shall adopt a resolution ordering

plans, specifications, profiles and estimates of the proposed

improvement to be prepared, which said estimates shall in-

clude the cost of construction, the cost of engineering and

incidental expenses, including the cost of making and levy-

ing assessments, and the cost of issuing bonds, if it is pro-

posed to issue bonds to provide funds for said improve-

ment, and said estimates shall show the percentage allowed

for actual construction and the percentage allowed for engi-

neering and other incidentals. As soon as said plans, speci-

fications, profiles and estimates have been prepared and

filed with the City Manager, the City Manager shall cause

a notice to be published in some newspaper published in

the City of Largo, which said notice shall state that the

said plans and specifications, profiles and estimates, are

on file in the office of the City Manager and open to the in-

spection of the public. Said notice shall also state in a gen-

eral way the nature of the work proposed to be done, and

in case of improvement of streets or other public ways, by

paving, curbing, lighting or otherwise, or the construction

of sidewalks, or the laying of sanitary sewers along any

streets or alleys where it is proposed to assess the cost

thereof against the abutting property in proportion to

frontage, said notice shall accurately describe the names

of said streets or portions of streets, and in case of paving

or sidewalks, the width of said paving or sidewalks. In

case of other improvements hereinbefore mentioned, where

it is proposed to assess the cost against the property bene-

fited or the property upon which the work is done, as the

case may be, said notice shall contain a description of all

the property proposed to be assessed, but said property

may be described as a whole and need not be described in

separate lots, tracts or parcels. Said notice shall also state

the date, hour and place at which the Board of Commis-

sioners will meet to hear complaints or protests against the

carrying out of said proposed improvement.

In case it is proposed to assess any improvement against

the property especially benefited or against the property

itself, the notice shall so state, with a general description

of all the property against which said assessment is pro-

posed. Any improvement, whether contiguous or not, may

for the sake of brevity and convenience, be designated as

a district and distinguished with a letter or number or in

any appropriate manner. (For example Paving District C,

Sanitary Sewer District No. 4).

Said notice shall be signed by the City Manager, and be

published at least one time, as above provided, the first

publication to be at least ten days prior to the date set for

hearing complaints and protests, but the publication of said

notice for a greater number of times, or for a longer period,

or in more than one newspaper, shall in no way invalidate

such publication.

Any person owning or interested in any land liable to be

assessed for said improvements, who shall object to the

making of said improvements, shall file his objection in

writing with the City Manager prior to the date of the meet-

ing set in said notice, and may also appear at said meeting

and make such oral protests and objections as he may desire.

Any person who has filed a written protest to said work

may, within twenty days after the ordering of said work to

be done, file a suit in chancery in the Circuit Court to en-

join such improvement, and any person who shall fail to file

said written protest or any person who, having filed said

written protest, shall fail to file said suit within twenty days,

shall be deemed to have consented to said improvement and

shall be forever barred from contesting the legality of the

same,

At the meeting set to hear complaints and_ protests

against said improvements, if no objections are filed or if

the objections filed seem to the Commission to be insuffi-

cient, said Commission may pass a resolution confirming

said plans and specifications and ordering said work to be

done, or the Commission may in its discretion, order said

plans to be changed or revised, or order that new plans,

specifications, profiles and estimates be prepared.

At any time after the adoption of the resolution confirm-

ing the plans and specifications and ordering the work to

be done, the Board of Commissioners may proceed to do

said work or let said work by contract.

After said work is completed the actual cost thereof, in-

cluding the cost of engineering and other incidental ex-

penses, shall be assessed by the Board of Commissioners

against the abutting property in proportion to frontage, or

against the property especially benefited, or against the

property itself, as the case may be, but in no case shall the

aggregate assessments exceed the actual cost of said im-

provement including incidentals, or the total estimated cost

as set forth in the preliminary estimate prior to the order-

ing of said work. Said assessment shall be by resolution

which said resolution shall set forth the description of each

separate piece or parcel of land assessed and the amount of

the assessment against said parcel. The name of the owner

of said piece or parcel of land may be set out, but failure

to include the name of the owner shall in no way invalidate

said assessment. Said resolution shall provide the time

when said assessments shall become payable, which may be

in equal annual installments not to exceed twenty years and

the amount of the interest which shall be payable annually,

and shall not exceed eight per centum (8%) per annum.

Interest on said assessments shall begin to run from the

time designated by the Board of Commissioners, but when

bonds shall have been issued to pay the cost of said improve-

ment as provided by Section 22 of this act, the interest on

said assessment shall begin to run from the date of said

bonds. If any person shall pay his assessments in full

within thirty days from the date of the resolution confirm-

ing said assessment, no interest shall be charged. Said as-

sessments may be paid at any time before date of maturity

and if so paid, shall bear interest only to the date of pay-

ment.

As soon as practicable after the adoption of said resolu-

tion, said assessments shall be published in full, together

with a notice of the time and place at which the Board of

Commissioners will meet to hear complaints or protests

against such assessments. Said assessments and notice

shall be published in the same manner as provided for the

publication of the notice to hear complaints and protests

against the performance of said work and at least ten days

prior to the meeting set to hear complaints and if any per-

son owning or interested in any of the land assessed shall

be dissatisfied with any assessment he shall file his protest

in writing with the City Manager prior to the time set for

hearing complaints, and he may appear and be heard before

said meeting; and any person who shall have filed said

written protest and shall be dissatisfied with the action of

the Board of Commissioners thereon, may file a suit in

chancery in the circuit court of Pinellas County, within

twenty days from the date of the confirming of said assess-

ment, and the circuit court shall hear such writ as speedily

as may be, and may affirm or abate said assessment, or

order the same reduced, and all persons interested in said

land assessed who shall fail to file a written protest with

the City Manager as aforesaid, or who shall fail to file said

suit as aforesaid within the said twenty days, shall be

deemed to have consented to said assessment and shall be

forever barred from contesting the legality thereof. If no

written protests shall be filed against said assessments, or

if the protests filed shall seem to the Board of Commis-

sioners to be insufficient, the Board of Commissioners shall

pass a resolution confirming said assessments, but the City

Commission may in its discretion reduce any of said assess-

ments, or if there shall appear to have been substantial

injustice in said assessments as a whole or in part, the

Board of Commissioners may make a new assessment. As

soon as confirmed, said assessment shall be entered in a lien

book kept by said City for the purpose of recording liens,

and the entry of said liens in said lien book shall be con-

structive notice of the existence of said lien.

Said lien shall be prior in dignity to all other liens except

taxes and shall be collected by the tax collector, and may

be enforced by said city by a bill in equity to foreclose said

lien in substantially the same manner as mortgages are fore-

closed and the City may be a purchaser at said foreclosure

sale, or said liens may be enforeed by a suit at law against

the individual owners of said property, or both procedures

at law and in equity may be pursued at one time. Upon the

default in payment of any installment of any lien, the city

may at once declare the entire amount due and payable and

file its suit or suits as above provided, and any judgement

obtained shall include all costs or expenses reasonably in-

curred in prosecuting said suit, including a reasonable at-

torney’s fee, but nothing herein contained shall be con-

strued as preventing said city from enforcing said liens in

any other manner now or hereafter provided by law. If any

assessment or installment thereof shall remain unpaid for

a period of sixty days after the same shall become due and

payable it shall be mandatory upon the Board of Commis-

sioners to at once file its suit or suits hereinbefore provided

for the foreclosing of said liens or the collecting of said

assessment, together with all costs of suit and a reasonable

attorney’s fee. In case certificates of indebtedness shall be

issued against said liens and sold, the owner or owners of

said certificates may pursue the same remedy as the City.

If any assessment made under the provisions of this see-

tion shall be held by any court of competent jurisdiction

to be invalid, or if any said assessment shall be of doubtful

validity, the Board of Commissioners may by resolution,

declare said assessment invalid and proceed to re-assess

said property following the procedure hereinbefore laid

down in so far as it shall be applicable.

Sec. 22. On or after adoption of the resolution confirm-

ing the plans and specifications and ordering the improve-

ment to be made, the Board of Commissioners may by ordi-

hanee or resolution issue bonds of the city for the payment

of the cost of said improvement, or any part of such cost,

or the reimbursement of any fund of the city from which

FARE LA TE GETE

Diesectisnionriva nasi CGR

any part of the cost has been paid, in an amount not greater

than the estimated cost, including the estimated cost of inci-

dental expenses, (incidental expenses as used herein shall

include engineering) but no bonds shall be issued in excess

of the contract price, and the estimated cost of such inci-

dental expenses. If bonds shall be authorized after such

contract is made they may be issued to the full amount of

such contract and the estimated cost of such incidental ex-

penses. Bonds may be issued in separate series for the cost

of each improvement, or in one series for the cost of any

two or more improvements, authorized hereby, and in fur-

ther series for the cost of any one or more other improve-

ments. Each series of bonds shall mature in annual install-

ments on such date in each year, and in such amounts as

the Board of Commissioners may determine, begin-

ning not more than two years from their date, nor extend-

ing beyond twenty years from their date. They shall

bear interest not greater than six per centum (6%) per

annum. Said bonds shall be the absolute, general and direct

obligations of the city. They shall be, so far as is prac-

ticable, in denominations of $500.00 or $1,000.00. They

shall be signed by the Mayor and Clerk, and sealed with the

city seal. Coupons shall be attached thereto to evidence

the installments of interest, which coupons shall be signed

by the Mayor, whose signature may be a facsimile. Said

bonds shall be sold at the best price obtainable, but for not

less than 95 cents on the dollar.

In case the collections from said assessments shall be in-

sufficient in any year to pay the principal or interest matur-

ing on said bonds the Board of Commissioners is hereby

authorized to levy a special tax upon all taxable property

within the City in sufficient amount to pay said principal

and interest at their several dates of maturity.

In case the amount received for the sale of said bonds

shall exceed the actual cost of construction and incidentals,

said excess amount shall be prorated and credited to the

assessments affected.

Any bonds issued pursuant to the provision of this Sec-

tion shall not be computed in determining the limitations of

the bonded indebtedness prescribed by this Act or any gen-

eral law now or hereafter in effect applicable to said city.

The purpose of this and the preceding Section being to

provide a satisfactory and economical method by which

public improvements within the City of Largo may be made,

it is hereby declared that no irregularity or illegality in con-

nection with any of the proceedings herein authorized shall

in any way affect the validity of the orders for such im-

provements or special assessment or bonds or contracts

unless such irregularities or illegalities shall substantially

affect the rights of the said City or its inhabitants, or the

owners of the property assessed for such improvement.

Nothing herein contained shall be construed as prevent-

ing said City from issuing certificates of indebtedness and

special improvement bonds under Sections 1906 to 1909 in-

clusive of the general laws of Florida, or any general law

of Florida now in force or hereafter adopted, applicable to

cities and towns generally in the State of Florida.

Sec. 28. All general or special improvement bonds here-

tofore issued by the Town of Largo and all resolutions or

ordinances of the Town of Largo heretofore adopted ap-

proving any plans or specifications for construction work

and all contracts entered into by said Town of Largo and

every act and thing of every nature whatsoever, done by the

Board of Commissioners of said Town of Largo, ordering

or making of any public improvement is hereby confirmed,

ratified and validated, and the City of Largo is hereby

especially authorized and empowered to proceed to assess

the cost of any such improvement against the abutting prop-

erty in proportion to frontage or against the property

especially benefited by said improvement or against the

property itself as the case may be, and the said City of

Largo is hereby expressly authorized and empowered to

immediately issue bonds for the payment of any construc-

tion heretofore authorized, said bonds to be issued as near

as may be in the manner provided in Section 22 of this Act

and said bonds, when issued, shall be legal, valid and bind-

ing obligations of said City of Largo.

Sec. 24. All officers of the said City before entering upon

the duties of their office shall take and subscribe to an oath

to faithfully perform the duties of their office.

Sec. 25. Any officer of the said City may be impeached by

the Board of Commissioners and removed from office for

misfeasance, malfeasance or non-feasance in office or for

drunkenness or habitual intoxication upon an affirmative

vote of three-fifths of the Board of Commissioners. Should

charges be preferred against any officer, the same procedure

shall be had and observed as provided in this Act in the case

of charges against the Mayor.

Sec. 26. The officers of the City of Largo shall have and

exercise all powers conferred by general law upon munici-

pal officers not inconsistent with the terms of this Act.

Sec. 27. No suit shall be maintained against the City for

damages arising out of its failure to keep in proper condi-

tion any sidewalk, pavement, viaduct, bridge, wharf, street,

or other public place, unless it should be made to appear

that the damage alleged was attributable to the gross negli-

gence of the City, and that written notice of such damage

was, within thirty days of the receiving of the injury, given

to the Mayor with such reasonable specifications as to time

and place, and witnesses, as will enable City officials to in-

vestigate the matter, and no verdict shall in any suit be

given for an amount exceeding compensation, 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 the plaintiff. It shall be the duty of the

Mayor on receiving such notice to at once investigate the

matter and lay the facts supported by the evidence before

the Board of Commissioners in a written report. The

Board of Commissioners shall have the right and upon a

written report of the person injured it shall be the duty of

the Board of Commissioners to investigate the matter and

it may by ordinance, make such reasonable settlement of

any such damage that may be agreed upon before the Board

of Commissioners and the person so damaged, which settle-

ment must be approved by a three-fifths vote of all the mem-

bers of the Board of Commissioners.

Sec. 28. The Board of Commissioners shall have author-

ity to levy each year, if it shall deem advisable, a tax not

to exceed two mills upon the assessed valuation of the prop-

erty in said City for publicity and advertisement of said

city, and shall have authority to expend an amount not to

exceed the taxes raised by a one-half mill levy in maintain-

ing a public library in said city.

Sec. 29. This Act shall become effective immediately upon

its approval by the Governor, or upon becoming a law with-

out said approval.

Approved May 4, 1925.

Chapter 10760—(No. 738).

Aw Act to Amend Section 1 of the Act of the Legislature of

1925 Creating and Establishing a Municipality to be

Known as the City of Largo, in Pinellas County, Florida.

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

Section 1. That Section 1 of the Act of the Legislature

of the State of Florida of 1925, creating and establishing a

municipality to be known as the City of Largo in Pinellas

County, Florida, be and the same is hereby amended to read

as follows:

That Chapter 6715 of the Acts of 1913 and Chapter 7191

of the Acts of 1915 are hereby repealed, and the municipal

corporation known as the Town of Largo in Pinellas

County, Florida, is hereby abolished and a municipality to

be known as the City of Largo in Pinellas County, Florida,

is hereby created and established to succeed such former

municipality of the Town of Largo in Pinellas County,

Florida. The City of Largo hereby created and established

shall embrace and include all that territory situated and

being in Pinellas County, Florida, described as follows,

to-wit: Begin at the northeast corner of Section 34, Town-

ship 29 south, Range 15 east; thence west on the north line

of said Section 34 to the east line of the Seaboard Air Line

right of way; thence northwesterly along said right of way

to intersection with the east and west center line of Section

27, Township 29 south, Range 15 east; thence west along

said center line to the west boundary of said Section 27;

thence west on the east and west center line of Section 28 to

the northwest corner of the northeast quarter of the south-

east quarter of said Section 28; thence south along the

forty-acre line to the southwest corner of said northeast

quarter of the southeast quarter; thence west along the

forty-acre line six hundred and sixty (660) feet more or

less to the north and south center line of said southwest

quarter of the southeast quarter of the said Section 28;

thence south thirteen hundred and twenty (1320) feet

more or less, to the north line of Section 33; thence west

along the north line of Sections 33, 32 and 31, Township 29

south, Range 15 east, across the waters of Clearwater Bay

and continuing on said line to the three-mile limit in the

Gulf of Mexico; thence southerly along said three-mile limit

to intersection with the south line of Township 29 south,

Range 15 east extended; thence east along said Township

line to the northwest corner of the northwest quarter of

the northeast quarter of Section 4, Township 30 south,

Range 15 east; thence south on the forty-acre line to the

southwest corner of said northwest quarter of the north-

east quarter; thence east along the forty-acre line through

Sections 4, 3 and 2 to the southeast corner of the northeast

quarter of the northwest quarter of said Section 2; thence

north to the northeast corner of the southeast quarter of the

northwest quarter of Section 35; thence west along the

forty-acre line to the northwest corner of the southeast

quarter of the northwest quarter in Section 35; thence north

along the forty-acre line to the northeast corner of the

northwest quarter of the northwest quarter of Section 35;

thence west along the section line to the northwest corner

of Section 35 to point of beginning.

Sec. 2. This Act shall become effective immediately upon

its approval by the Governor, or upon its becoming a law

without said approval.

Approved May 25, 1925.

(8431)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.