House Bill 1599

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    Florida House of Representatives - 1999                HB 1599

        By Representative Crady






  1                      A bill to be entitled

  2         An act relating to Union County; amending

  3         chapter 63-1499, Laws of Florida, as amended,

  4         relating to the charter of the City of Lake

  5         Butler; replacing the city council with a city

  6         commission; revising terminology to conform;

  7         deleting obsolete language regarding

  8         annexation, revising provisions relating to the

  9         authority of the city to regulate the speed of

10         vehicles, to fix and revise refuse disposal

11         fees to control nuisances, to license, control,

12         tax, and regulate traffic and use of streets,

13         to direct the clearing and filling of lands,

14         and to regulate railroads; deleting obsolete

15         language regarding the taxation of municipally

16         owned facilities and the authority of the city

17         to prohibit or license and regulate liquor,

18         causes of action against the city and notice of

19         intention to sue; revising provisions relating

20         to the suspension and discharge of city

21         officers and the establishment and appointment

22         of officers of the city; authorizing the

23         provision of services through interlocal

24         agreements or contracts; revising the powers

25         and duties of the city commission; revising the

26         powers and duties of the mayor; replacing the

27         term "mayor pro tem" with "vice mayor";

28         revising provisions relating to voting by

29         commissioners at a commission meeting; revising

30         provisions relating to qualifications of

31         candidates for the office of city commissioner;

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  1         deleting the form of oath; removing a cross

  2         reference from provisions relating to absentee

  3         voting; revising qualifications of electors;

  4         deleting language regarding working upon the

  5         street as penalty; revising provisions relating

  6         to the adoption of ordinances; clarifying that

  7         the city clerk serves under the city

  8         commission; eliminating specific requirements

  9         relating to law enforcement; authorizing law

10         enforcement activities as determined by

11         ordinance; revising requirements relating to

12         deposits and expenditures of city funds;

13         repealing section 16, relating to notice of

14         intention to sue the city, section 39, relating

15         to recall elections, section 40, relating to

16         sufficiency of petition, section 41, relating

17         to calling election, section 42, relating to

18         election, section 43, relating to ballots,

19         section 44, relating to filling of vacancies,

20         section 45, relating to candidates in recall

21         election, section 46, relating to effect of

22         resignation, section 47, relating to

23         preservation of records and provisions

24         supplemental to general law, section 48,

25         relating to offenses relating to petitions,

26         section 57, relating to the creation and

27         jurisdiction of the municipal court, section

28         58, relating to the seal of the municipal

29         court, section 59, relating to procedure in

30         municipal court, section 60, relating to powers

31         of the municipal court, section 61, relating to

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  1         the clerk and deputy clerk of the municipal

  2         court, section 62, relating to the duties of

  3         the clerk of the municipal court, section 63,

  4         relating to powers of the clerk of the

  5         municipal court, section 64, relating to the

  6         certification of court records, section 65,

  7         relating to the chief of police, section 66,

  8         relating to the authority of a judge to issue

  9         search warrants, section 67, relating to

10         affidavits for search warrants, section 68,

11         relating to issuance and execution of search

12         warrants, section 69, relating to return of

13         search warrants, section 70, relating to

14         information required to be included on search

15         warrants, section 71, relating to appeals,

16         section 73, relating to the duties and

17         authority of the chief of police, section 74,

18         relating to powers and authority of the chief

19         of police and deputies, section 77, relating to

20         the regulation of food and all other

21         commodities, section 80, relating to the

22         segregation of races, section 82, relating to

23         refusal of service to certain persons, section

24         82, relating to posting of notices regarding

25         refusal of service, section 83, relating to

26         annual estimates of expenditures and revenues,

27         section 84, relating to the city budget,

28         section 86, relating to the assessment of

29         property for taxation, section 87, relating to

30         the assessment of taxable property, section 88,

31         relating to the assessment of property of

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  1         public service corporations, section 89,

  2         relating to omitted lands, section 90, relating

  3         to equalization of assessments by the city

  4         council, section 91, relating to notice to

  5         owners regarding increases or corrections,

  6         section 92, relating to the rate of taxation,

  7         section 93, relating to the assessment roll and

  8         the form of warrants, section 94, relating to

  9         the collection of taxes, section 95, relating

10         to taxes on property constituting a lien on

11         such property, section 96, relating to the

12         collection of personal property taxes, section

13         97, relating to the collection of delinquent

14         taxes, section 98, relating to installment

15         payments of taxes and assessments, section 99,

16         relating to the sale of property for delinquent

17         taxes, section 100, relating to the report of

18         tax sales and the issuance of tax deeds,

19         section 101, relating to city purchase of

20         property at tax sales, section 102, relating to

21         the title of lands purchased by the city at any

22         tax sale, section 103, relating to the validity

23         of assessments, section 104, relating to the

24         maximum tax levy on property, and section 140,

25         relating to changes and amendments to zoning

26         regulations and districts; providing an

27         effective date.

28

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

30

31

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  1         Section 1.  Sections 1 through 5, 7 through 15, 17

  2  through 38, 49 through 56, 72, 75, 76, 78, 79, 85, 105 through

  3  139, and 141 of chapter 63-1499, Laws of Florida, as amended,

  4  are reenacted and amended to read:

  5

  6                     ARTICLE I. INCORPORATION

  7

  8         Section 1.  City created; predecessor abolished.--A

  9  municipal corporation of the State of Florida, to be located

10  in Union County, Florida, is hereby established and created.

11  That municipality in Union County, Florida, created by Chapter

12  12960, Special Acts of Florida, 1927, as amended, known as the

13  City of Lake Butler is hereby abolished. The municipality by

14  this Charter created shall have perpetual existence and

15  perpetual succession.

16         Section 2.  Title, rights, ordinances, etc.; officers

17  to hold over.--

18         (a)  The title, rights and ownership of property,

19  uncollected taxes, assessments, dues, claims, licenses,

20  judgments, decrees and choses in action held or owned by the

21  municipality by this Act abolished is hereby declared to pass

22  to and be vested in the municipal corporation hereby created

23  and established to succeed such municipality.

24         (b)  The ordinances and resolutions of the former City

25  of Lake Butler shall be and remain the ordinances and

26  resolutions of the city hereby created and established until

27  altered, amended, modified or repealed by the city commission

28  council of said city hereby created and established.

29         (c)  The powers, franchises, rights, contracts,

30  immunities, privileges, obligations and official acts

31  exercised, used, conferred, granted, given, sold, vested,

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  1  entered into and performed by the municipality herein

  2  abolished are hereby validated and confirmed and all rights

  3  vested under the provisions of laws of said abolished

  4  municipality are hereby declared to be reserved and not

  5  adversely affected by this act.

  6         (d)  The municipality herein created is hereby declared

  7  to be the successor in government, proprietorship,

  8  jurisdiction, powers, privileges, rights, immunities,

  9  obligations and in corporate entity to the municipality herein

10  abolished.

11         (e)  The positions of the officers, officials and

12  employees of the municipality abolished are hereby declared to

13  be reserved to such officers, officials and employees and

14  their vested rights under the laws and ordinances of the

15  abolished municipality shall remain vested in them under the

16  municipality hereby created, except as expressly provided in

17  this Charter to the contrary.

18         Section 3.  Terms of present city officers and

19  employees.--The terms of the city mayor as constituted by the

20  former Charter of the city shall terminate upon election of a

21  mayor by the members of the city commission council as herein

22  provided. The terms of commissioners councilmen elected under

23  the provisions of the municipality herein abolished shall not

24  be shortened or extended hereby. Subject to the election on

25  June 25, 1963, the mayor and members of the city commission

26  council of the city by this act abolished shall become the

27  mayor and city commissioners councilmen of the city by this

28  act created without further action.

29         Section 4.  Corporate territory of the city.--The City

30  of Lake Butler, by this Charter created and established, shall

31  embrace and include all that territory, real property and

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  1  lands lying within the following boundaries in Union County,

  2  Florida, and the same shall be the territory, including the

  3  inhabitants thereof, over which the city shall exercise its

  4  jurisdiction and powers, to wit:

  5

  6         Beginning at the Northeast Corner of the

  7         Northwest Quarter of the Southwest Quarter of

  8         Section 29 and running thence West to the

  9         Northwest Corner of Lot 8 in Section 30; thence

10         South to Southwest Corner of Lot 5 in Section

11         31; thence East to Southeast Corner of the

12         Southwest Quarter of the Northwest Quarter of

13         Section 32; thence North to point of beginning

14         at the Northeast Corner of the Northwest

15         Quarter of the Southwest Quarter of Section 29,

16         all in Township 5 South of Range 20 East and

17         containing the west half of the Southwest

18         Quarter of Section 29; and Lots 8, 9, 10, 11

19         and 12 of Section 30; and Lots 1, 2, 3, 4 and 5

20         of Section 31; and the west half of the

21         Northwest Quarter of Section 32; all in

22         Township 5, South of Range 20 East.

23

24         Section 5.  Annexation.--The city may change its

25  territorial limits by the annexation of any area lying

26  contiguous to its corporate limits by any one or more of the

27  following methods:

28         (1)  The city may annex additional territory to its

29  territorial limits by referendum election in which all

30  resident freeholders of the territory to be annexed who are

31  qualified electors of Union County shall be eligible to vote;

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  1  such annexation shall be approved by not less than fifty-one

  2  per cent (51%) of the votes cast in any such election; said

  3  election shall be held pursuant to and after a resolution

  4  calling for same has been passed by the city council of the

  5  City of Lake Butler and after notice of the proposed election

  6  has been published in a newspaper published in said city once

  7  a week for four (4) consecutive weeks, four (4) publications

  8  being sufficient; said resolution and notice shall contain a

  9  description of the area sought to be annexed and the date and

10  place said election is to be held; provisions shall be made

11  for special registration for said election. The cost of such

12  election shall be borne by the City of Lake Butler.

13         (2)  The city may annex additional territory to its

14  territorial limits upon petition signed by fifty-one percent

15  (51 %) of all of the landowners of the area sought to be

16  annexed consenting to and requesting the annexation of said

17  area to the City of Lake Butler. Said petition shall be

18  presented to and may be approved by the city commission

19  council in its discretion at a regular meeting of the

20  commission council and filed with the permanent records of the

21  city. After the approval of the petition by the commission

22  council at the next regular meeting or at any regular meeting

23  thereafter, the city commission council by a majority vote may

24  by appropriate ordinance annex the area described in the

25  petition to the city.

26         (3)  Any real property that is exempt from Union County

27  ad valorem tax owned by the federal or state government or by

28  any body politic or political subdivision of the federal or

29  state Government in any unincorporated area of the county may

30  be annexed to the territorial limits of and included in the

31

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  1  boundaries of the city of Lake Butler at any time by ordinance

  2  of the city enacted by a majority vote of the city council.

  3         (2)(4)  Any unincorporated area of real property in

  4  Union County may be annexed to the territorial limits of and

  5  included in the boundaries of the City of Lake Butler, by the

  6  same procedure as set forth in F.S. ch. 171.

  7         As to methods of annexation set forth in subsection (2)

  8  of this section notice of intent to so annex shall be

  9  published once a week for four consecutive weeks in some

10  newspaper of general circulation in the city, with the first

11  publication to be not less than thirty (30) days prior to the

12  final enactment of that ordinance.

13         In the event of annexation by any one of the methods

14  authorized by this Charter, the city shall cause a copy of the

15  ordinance of annexation to be recorded in the public records

16  of Union County, Florida. The city may, by resolution at the

17  time of or prior to said annexation, provide for municipal

18  improvements for such area, for exemptions from taxation for

19  the year of annexation where the circumstances in the

20  discretion of the city commission council warrant such

21  exemption, and for participation by the city in part or all of

22  the cost of municipal improvements in such annexed areas. The

23  recording of said ordinance as above said, shall be prima

24  facie evidence and notice that such annexation has been

25  completed, that such annexed area is thereupon within the

26  corporate limits of the city and that said petition or

27  election, as the case may be, said ordinance and the

28  resolution if any, has been duly executed, validated, ratified

29  and confirmed.

30

31         ARTICLE II.  JURISDICTION, POWERS AND IMMUNITIES

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  1

  2         Section 7.  Municipal sovereignty.--The city may do any

  3  lawful act to protect the sovereignty of the city and to

  4  protect its property, rights, privileges, government,

  5  obligations and immunities.

  6         Section 8.  Corporate seal.--The city may have a

  7  corporate seal and it may be adopted and changed by the city

  8  commission council by ordinance.

  9         Section 9.  General powers.--

10         (a)  The city shall have all the powers granted to

11  municipal corporations, cities and towns by the Constitution

12  and general laws of this state, including any subsequent

13  amendments thereto, with all the powers granted.

14         (b)  The city may acquire property within or without

15  its corporate limits for any city purpose, in fee simple or

16  any lesser interest or estate, by purchase, gift, devise,

17  lease or condemnation, and may sell, lease, mortgage, hold,

18  manage and control such property as its interest may require

19  and, except as prohibited by the Constitution of this state or

20  restricted by this Charter, the city shall and may exercise

21  all municipal powers, functions, rights, privileges and

22  immunities of every name and nature whatsoever.

23         (c)  The enumeration of particular powers by this

24  Charter shall not be deemed to be exclusive, and in addition

25  to the powers enumerated therein or implied thereby, or

26  appropriate to the exercise of such powers, it is intended

27  that the city shall have and may exercise all powers,

28  expressed or implied, which under the Constitution and general

29  laws of this state, it would be competent for this Charter to

30  specifically enumerate.

31

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  1         (d)  That said municipal corporation of the State of

  2  Florida, by the name of the City of Lake Butler:

  3         (1)  May sue, be sued, and defend, plead and be

  4  impleaded in all courts and places and in all matters and

  5  proceedings;

  6         (2)  May have and use a corporate seal and alter the

  7  same at pleasure;

  8         (3)  May take, by devise, bequest, gift, donation or

  9  otherwise, any property real or personal in trust for public,

10  charitable or other purposes, and to do all acts and things

11  necessary or appropriate to effectuate such trusts, with power

12  to manage, sell, lease or otherwise dispose of said property,

13  in accordance with the terms of said trusts;

14         (4)  May use any of said real property, whether within

15  or without the territorial limits of said municipality, for

16  parks, golf courses, playgrounds, roads, cemeteries, and the

17  erection, maintenance and operation of municipal buildings,

18  works and constructions of every character, including

19  municipal offices, schools, courthouses, fire and police

20  stations, houses of detention and correction, hospitals,

21  infirmaries, asylums, dispensaries, poorhouses, crematories,

22  wharves, docks, bridges, markets, lighting and power plants

23  and waterworks to supply light, power, and water for public

24  purposes or to be sold for profit, and buildings, works and

25  constructions for all other purposes that said municipality

26  through its commission, may deem necessary or proper for the

27  welfare of said municipality or the inhabitants thereof and

28         (5)  May exercise all other powers herein conferred and

29  conferred by the Constitution and general laws of the State of

30  Florida.

31

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  1         Section 10.  Powers of local self-government.--The city

  2  may:

  3         (a)  Exercise all of the powers of local

  4  self-government and do whatever may be deemed necessary or

  5  proper for the safety, health, convenience or general welfare

  6  of the inhabitants of the city;

  7         (b)  Exercise full police powers;

  8         (c)  Expend moneys to advertise and publicize the city;

  9         (d)  Do and perform all acts and things permitted by

10  the laws of the State of Florida, and comprehended as duties

11  in the performance of anything recognized as a municipal

12  purpose whether now existing and recognized, or hereafter

13  recognized as a municipal purpose by statute law or court

14  decisions.

15         Section 11.  Enumeration of particular powers not

16  exclusive.--The enumeration of particular powers by this

17  Charter shall not be held or deemed to be exclusive, but in

18  addition to the powers enumerated in this Charter, implied

19  thereby, or appropriate to the exercise thereof, the City of

20  Lake Butler shall have and may exercise the following:

21         (1)  Assess and tax. To raise annually by taxes and

22  assessments in said city such sums of money as the city

23  commission council shall deem necessary for the purposes and

24  needs of said city, and in such manner as shall be hereinafter

25  provided for, according to law.

26         (2)  Acquire and lease property. To acquire by

27  purchase, gift, devise, condemnation or otherwise, property,

28  real or personal, or any estate therein, within or without the

29  city, to be used for the burial of the dead, the construction

30  or purchase of a telephone system, and works for supplying

31  said city with water, gas for illuminating, heating and power

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  1  purposes and electric energy for illuminating, heating or

  2  power purposes, the location of waterworks, and sites for such

  3  public utility works, the establishment of poorhouses, houses

  4  of detention and correction, hospitals for the cure or

  5  detention of the sick, jails, markethouses, public parks,

  6  public golf courses, public ball parks, public tennis courts,

  7  airports, swimming pools, warehouses, promenades, plants for

  8  cremating, neutralizing or otherwise destroying sewage,

  9  garbage and refuse, or other buildings for municipal purposes,

10  the city shall also have power to extend sewer and drainage

11  pipes and water mains for any public municipal purpose and to

12  regulate the use and to operate and maintain, and to improve,

13  sell, lease, pledge or otherwise dispose of the same or any

14  part thereof for the benefit of the city to the same extent

15  that natural persons might do; that the city may lease its

16  real or personal property to firms, corporations, or

17  individuals for private or public purposes as may be provided

18  by ordinance.

19         (3)  Streets, sidewalks, docks, bridges, etc. To pave,

20  grade, curb, repave, macadamize, remacadamize, lay out, open,

21  widen, extend, and otherwise improve streets, alleys, avenues,

22  boulevards, lanes, sidewalks, parks, promenades, piers and

23  other public highways or any part thereof, and to close,

24  vacate and discontinue same, and to construct docks and

25  wharves and to construct and maintain bridges, viaducts,

26  subways, tunnels, sewers and drains, inlets, canals, or other

27  open waterways and to levy assessments and hold liens for such

28  improvements as hereinafter provided; to regulate the use of

29  highways, parks, public grounds and works; to prevent the

30  obstruction of waterways, sidewalks, streets and highways; to

31  abolish and prevent grade crossings over the same by

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  1  railroads; to regulate the operation and speed of all cars,

  2  vehicles or vessels within the city using the same, as well as

  3  the operation and speed of all engines, cars and trains of

  4  railroads within the city.

  5         (4)  Special and local assessments. To impose special

  6  or local assessments for local improvements as hereinafter

  7  provided and to enforce payment thereof.

  8         (5)  City moneys. To expend the money of the city for

  9  all lawful municipal purposes.

10         (6)  Maintain public library. To erect, construct,

11  equip, furnish and maintain a public library in said city and

12  to appropriate funds of said city for the use of any public

13  library now established or hereafter established in said city

14  and to make donations of city money to such public library now

15  or hereafter established and maintained in said city.

16         (7)  Public improvements. To make and maintain public

17  improvements of all kinds, including municipal and other

18  buildings; armories, markets and all buildings and structures

19  necessary or appropriate for the use of the city and to

20  acquire by condemnation or otherwise, all lands, riparian and

21  other rights and easements necessary for such improvements.

22         (8)  Local public service. To furnish any and all local

23  public service.

24         (9)  Own, lease and operate public utilities. To

25  purchase, hire, construct, own, maintain, operate or lease

26  local public utilities, including bus lines, electric light,

27  telephone and telegraph systems, and works for supplying the

28  city and its inhabitants with water, ice, gas for

29  illuminating, heating and power purposes and electric energy

30  for illuminating, heating or power purposes, and

31

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  1         (a)  Acquire water facilities. To acquire (either by

  2  purchase or by exercise of the right of eminent domain under

  3  the provision of its Charter or the general laws of the state)

  4  and to construct, reconstruct, improve, extend, enlarge,

  5  equip, repair, maintain and operate water facilities, either

  6  within or without or partly within and partly without the

  7  corporate limits of the city.

  8         (b)  Fees for water services. To fix and collect rates,

  9  fees and charges for the services furnished by such

10  facilities, wholly within the corporate limits of the city,

11  and to fix and collect rates, fees and charges for the

12  services furnished by such facilities to consumers wholly

13  without the corporate limits of the city at a higher rate, fee

14  and charge than those fixed for consumers wholly within the

15  corporate limits of the city.

16         (c)  Contract for water facilities. To make and enter

17  into all contracts and agreements necessary or incidental to

18  the performance of its duties and the execution of its powers

19  under this act, including agreements for furnishing and

20  providing water facilities to adjoining municipalities and

21  consumers without the corporate limits of the city.

22         (d)  Exercise control over water facilities. To

23  exercise jurisdiction, control and supervision over any water

24  facilities owned, operated or maintained by the city and to

25  make and enforce such rules and regulations for the

26  maintenance and operation of any such facilities as may in the

27  judgment of the commission council be necessary or desirable

28  for the efficient operation thereof and for accomplishing the

29  purposes of this act, within or without the city.

30

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  1         (e)  Enter lands for survey purposes. To enter on any

  2  lands, water or premises located within or without the city to

  3  make surveys or examinations for the purposes of this act.

  4         (f)  Laying of water services, fire hydrants. To

  5  acquire, construct, locate and operate water distribution

  6  mains, pumps, pipes, meters, valves, fire hydrants and

  7  equipment in, along or under any streets, alleys, highways or

  8  other public places, or easements within or without the city.

  9         (g)  Contracts with public agencies. To enter into

10  contracts with the Government of the United States or the

11  State of Florida, or any agency or instrumentality of either

12  thereof, or with any municipality, district, private

13  corporation, copartnership, association or individual,

14  providing for or relating to water facilities, or the purchase

15  or sale at wholesale or at retail of water and the services of

16  such facilities; and

17         (h)  To receive federal grants in aid. To receive and

18  accept from any federal agency, commission, board, department,

19  unit or subdivision, grants for or in aid of the planning,

20  acquisition, construction or financing of any water facilities

21  and to receive and accept contributions from any source of

22  either money, property, labor or other things of value, to be

23  held, used and applied only for the purpose for which such

24  grants and contributions may be made.

25         (i)  To fix and revise water charges, fees. To fix and

26  revise from time to time, rates, fees and charges for water

27  and other services furnished by the water facilities of the

28  city and shall charge and collect the same. Such rates, fees

29  and charges shall be so fixed and revised as to provide funds,

30  with other funds available for such purposes, sufficient at

31  all times, (1) to pay the cost of maintaining, repairing and

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  1  operating the water plant and water facilities and to provide

  2  reserves therefor and for replacements and depreciation and

  3  necessary extensions and enlargements; (2) to pay the

  4  principal of and interest on all outstanding revenue bonds and

  5  certificates payable therefrom as the same shall become due

  6  and provide reserves therefor; and (3) to provide a margin of

  7  safety for making such payments and providing such reserves.

  8         (j)  Municipally owned facilities nontaxable. As the

  9  exercise of the powers conferred under this section constitute

10  the performance of essential municipal functions, and as water

11  facilities furnished and constructed under the provisions of

12  this section constitute public property and will be used for

13  municipal purposes, the city shall not be required to pay any

14  tax or assessment upon such facilities or any part thereof,

15  whether located within or without the territorial boundaries

16  of the city.

17         (10)  Franchises. To grant franchises for public

18  utilities, upon the conditions and in the manner prescribed by

19  the city commission council provided that franchises shall be

20  granted for a period not exceeding thirty (30) years.

21         (11)  Refuse and sewage disposal. In the preservation

22  of the general health of the community, to collect and dispose

23  of sewage, offal, ashes, garbage, carcasses of dead animals,

24  and other refuse, and to acquire and operate reduction or

25  other plants for the utilization of such materials, or of any

26  of them; to contract for and regulate the collection and

27  disposal thereof, to assess fees and charges for such services

28  and to prescribe fines and penalties for failure or refusal of

29  any person, firm or corporation to pay such charges or fees.

30         (12)  Nuisances. To compel the abatement and removal of

31  all nuisances within the city or upon the property owned by

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  1  the city beyond its limits at the expense of the person or

  2  persons causing the same, or of the owner or occupant of the

  3  grounds or premises whereon the same may be; require all

  4  lands, lots and other premises within the city to be kept

  5  clean, sanitary and free from obnoxious weeds, mosquitoes,

  6  wild growth and rubbish, or to make them so at the expense of

  7  the owners or occupants thereof; and to collect such costs in

  8  the same manner as provided for the collection of other

  9  special assessments; and to control any nuisance as may be

10  provided for by ordinance of the city commission to regulate

11  or prevent slaughterhouses or other noisome or offensive

12  business within said city. To provide for inspecting and

13  regulating the sanitary condition of all dairies, butcher pens

14  and slaughterhouses within and without the city limits and to

15  provide penalties for the violation of such regulations; to

16  regulate or prohibit the keeping of animals, poultry or other

17  fowl therein, or the exercise of any dangerous or unwholesome

18  business, trade or employment therein, and generally to

19  define, prohibit, abate, suppress and prevent all things

20  detrimental to the health, morals, comfort, safety,

21  convenience and welfare of the inhabitants of the city.

22         (13)  Weights and measures. To inspect, test, measure

23  and weigh any commodity or article of consumption for use

24  within the city and to fix a standard for any such commodity

25  or article and to establish, regulate, license and inspect

26  weights, meters, measures and scales.

27         (14)  Police powers. To exercise full police powers and

28  establish and maintain a department of police.

29         (15)  License taxes. To license and tax privileges,

30  businesses, occupations and professions carried on and engaged

31  in within the corporate limits of the city; to classify and

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  1  define such privileges, businesses, occupations and

  2  professions for the purpose of taxation, and the

  3  classification and definition.

  4         (16)  Prohibit or license and regulate liquor. To

  5  license, regulate or prohibit the sale, transportation or

  6  possession of intoxicating liquors, wines and beers within the

  7  limits of the city, subject to the provisions of state law

  8  permitting or prohibiting such sale by local option.

  9         (16)(17)  Unsafe buildings. To condemn and order to be

10  demolished and removed, or to be put in a state of sound

11  repair any and all dilapidated, unsanitary and unsafe

12  buildings or structures and to provide and enforce penalties

13  for failure to do so, and after giving twenty days' written

14  notice to the owner of such building and structures to repair

15  or remove by posting such notice in a conspicuous place about

16  the premises, to take such steps as may be deemed necessary to

17  eliminate the unsafe or unsanitary conditions of such

18  buildings or structures at the expense of the owner, assessing

19  the cost thereof against said property, the city to have and

20  hold a lien thereon until the cost and expenses thus incurred

21  are discharged by payment.

22         (17)(18)  Traffic and use of the streets. To license,

23  control, tax and regulate traffic and sales upon the streets,

24  sidewalks, parks and public places within the city and the use

25  of space in such places as may be provided by ordinance of the

26  city commission and to regulate, suppress and prohibit

27  hawkers, peddlers and beggars upon such streets, sidewalks,

28  promenades and public places and to license and cause to be

29  registered and control, tax, regulate or to prohibit in

30  designated streets, roads or parts thereof, motor buses,

31  automobiles, cars, wagons, drays, trucks and other vehicles;

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  1  and to license[,] tax and cause to be registered and control

  2  the drivers thereof and to fix the rates and schedules to be

  3  charged and maintained for the carriage of persons and

  4  property within the city and beyond the limits of the city; to

  5  make and promulgate regulations for traffic on the streets,

  6  roads or parts thereof, during such hours and at such times as

  7  may be necessary or convenient, and to provide for parking

  8  spaces on the streets, roads and other public places and to at

  9  any time discontinue the right to the use of such parking

10  spaces and to regulate, vacate and discontinue the use of

11  same; to prescribe or regulate the flying height of airplanes

12  and other aerial conveyances over, above and within the area

13  of the city limits; and to require all vehicles for the

14  carriage of persons for hire to execute a bond to be

15  conditioned as required by ordinance for the protection of

16  passengers and of the public and to make such bond inure to

17  the benefit of persons or property which may be injured or

18  damaged by the operation of such vehicles for hire; and to

19  require such bond with such surety to be furnished by all

20  persons, firms or corporations owning or operating for hire

21  vehicles upon the streets, roads and public places of the

22  city, whether such operation be wholly within the limits of

23  said city or between said city and other cities or towns or

24  places outside of the city.

25         (18)(19)  Airport lands and buildings. The city shall

26  have power to acquire lands within or without the city limits

27  for a landing field or airport for aircraft and to construct

28  and equip thereon, or on other property of the city, either

29  within or without the city limits, such buildings and other

30  improvements as may be deemed necessary for that purpose, the

31  same being a municipal purpose of the city; the city shall

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  1  have power to operate and maintain such airport, to provide

  2  rules and regulations governing its use and the use of other

  3  property or means of transportation within or over the same,

  4  and to enter into contracts or otherwise cooperate with the

  5  federal government or other public or private agencies in

  6  matters relating to such airport and otherwise to exercise

  7  such powers as may be required or convenient for such

  8  establishment, operation and maintenance.

  9         (19)(20)  Disability compensation for certain

10  employees. To provide disability compensation for any city

11  employee in any amount not exceeding fifty (50) percent of the

12  average annual salary paid to such employee by the city when

13  such employee shall have been disabled seventy-five (75)

14  percent or more while engaged in the employment of the city;

15  provided that such employee is not covered by the workers'

16  workmen's compensation laws of the state.

17         (20)(21)  Retirement and pensions for city employees.

18  To provide retirement or pension plans for city employees as

19  may be provided by ordinance. The city commission council

20  shall have the authority to retire any city employee who has

21  twenty (20) years of accrued or continued service with the

22  city in an amount not exceeding seventy-five (75) percent of

23  the average annual salary for the last calendar year of

24  employment before retirement.

25         (21)(22)  Misdemeanors of state. The violation of any

26  law of the State of Florida which is by statute declared to be

27  a misdemeanor shall be a violation of the ordinances of the

28  city and shall be punishable when the punishment is not

29  otherwise specifically provided for by ordinance by fine or

30  imprisonment or both within the limits set forth herein.

31

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  1         (22)(23)  Clearing of lands. That If at any time the

  2  city commission council shall deem it necessary or expedient

  3  for any good reason, that any lot, tract or parcel of land

  4  within said city should be cleaned or cleared of weeds, trash,

  5  undergrowth, brush, filth, garbage or other refuse, it shall

  6  have power to direct and require the owner or owners of said

  7  lot, tract or parcel of land to clean or clear the same of

  8  weeds, trash, undergrowth, brush, filth, garbage or other

  9  refuse as may be provided by ordinance of the city commission.

10  Such notice shall be given by a resolution of the council, a

11  copy of which shall be served upon the owner or owners of such

12  lot, parcel or tract of land, or upon the agent of such owner,

13  or if the owner is a nonresident or cannot be found within the

14  city or has no known agent within the city, a copy of such

15  resolution shall be published once each week for two (2) weeks

16  in some newspaper published in the city and a copy thereof

17  posted upon said lot, tract or parcel of land; and if the

18  owner or owners shall not within such time as such resolution

19  shall prescribe clean or clear such lot, tract or parcel of

20  land of weeds, trash, undergrowth, brush, filth, garbage, or

21  other refuse, as therein directed, it shall be lawful for the

22  city council to cause the same to be done and to pay therefor

23  and to charge, assess and collect the expense therefor against

24  said lot, tract or parcel of land and against the owner or

25  owners thereof.

26         Notice of such liens shall be recorded in the office of

27  the clerk of the circuit court, Union County, Florida, and the

28  liens evidenced thereby shall be indexed by him. Said lien

29  shall bear interest at the rate of eight (8) per centum from

30  the date of the completion of the work and may be collected by

31

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  1  the City of Lake Butler by suit at law, or in equity either

  2  against the owner or against the property covered thereby.

  3         (23)(24)  Filling of lands. If at any time the city

  4  commission council shall deem it necessary or expedient for

  5  the preservation of the public health, or for any other good

  6  reason, that any lot, parcel or tract of vacant land when

  7  lying and being within said city, which may be lower than any

  8  street, streets, avenue or public way adjoining the same or

  9  the grade established therefor, or which may be subject to

10  overflow or to the accumulation thereon of water, should be

11  filled in, ditched or drained the city commission council

12  shall have the power to direct and require the owner or owners

13  of said lot, parcel or tract of vacant land to ditch, drain,

14  or to fill in the same to such grade as the city commission

15  council shall direct as may be provided by ordinance of the

16  city commission. Such notice shall be given by a resolution of

17  the city council, a copy of which shall be served on the owner

18  or owners of such lot, parcel or tract of vacant land, or upon

19  the agent of such owner, or if the owner is a nonresident and

20  cannot be found within the city and has no known agent with

21  the city, a copy of such resolution shall be published once

22  each week for two consecutive weeks in some newspaper

23  published in the city and a copy thereof shall be posted upon

24  said lot, parcel or tract of vacant land; or if no newspaper

25  is published in the city, such posting upon such lot, parcel

26  or tract of vacant land shall be deemed sufficient. If the

27  owner or owners shall not within such time as such resolution

28  shall prescribe, fill in, ditch, or drain the lot, parcel or

29  tract of vacant land, as therein directed, it shall be lawful

30  for the council to cause the same to be done and to pay

31  therefor, and to charge, assess and collect the expenses

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  1  thereof against the said lot, parcel or tract of vacant land

  2  and against the owner or owners thereof.

  3         Notice of said liens shall be recorded in the office of

  4  the clerk of the circuit court, Union County, Florida and the

  5  liens evidenced thereby shall be indexed by the clerk in the

  6  same manner as other liens are indexed by him. Said lien shall

  7  bear interest at the rate of eight (8) per centum from the

  8  date of the completion of the work and may be collected by the

  9  City of Lake Butler by suit at law or in equity either against

10  the owner or against the property covered thereby, as provided

11  in this act for collection of assessments for improvements.

12         (24)(25)  Sidewalk construction and repair. The city

13  commission council may adopt a resolution directing and

14  requiring the owner of any lot, parcel or tract of land

15  fronting or abutting on any street, avenue, alley or other

16  public way, to construct, build or repair a sidewalk, curb or

17  gutter, or either one or more of said improvements thereon, to

18  be built in front of such abutting property, upon a grade and

19  of such materials with and other dimensions, and in such

20  manner as the commission council may direct. The said

21  resolution shall fix a time within which said work shall be

22  done by the owner, and a copy of said resolution shall be

23  served upon such owner or upon the agent of such owner, or if

24  the owner is a nonresident and cannot be found within said

25  city, and has no known agent within said city, a copy of such

26  resolution shall be published once each week for two (2)

27  consecutive weeks in some newspaper published in said city and

28  a copy thereof posted upon said lot, parcel or tract of land,

29  or if no newspaper is published in said city, a copy thereof

30  posted upon said lot, tract or parcel of land shall be deemed

31  sufficient. If the owner shall not within the time fixed in

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  1  said resolution, build, construct or repair such sidewalk,

  2  curb or gutter, or either one or more of said improvements in

  3  the manner and as directed in said resolution the commission

  4  council may cause the same to be done and pay therefor and

  5  charge and assess and collect the expense thereof against such

  6  lot, parcel or tract of land, and against the owner or owners

  7  thereof. But nothing in this section shall be construed to be

  8  in conflict with another section of this act, but all shall

  9  exist as cumulative, but as independent modes of procedure,

10  either to be followed in the discretion of the commission

11  council.

12         Notice of said liens shall be recorded in the office of

13  the clerk of the circuit court, Union County, Florida, and the

14  liens evidenced thereby shall be indexed by the clerk in the

15  same manner as other liens are indexed by him or her. Said

16  lien shall bear interest at the rate of eight (8) per centum

17  from the date of the completion of the work and may be

18  collected by the City of Lake Butler, by suit at law or in

19  equity either against the owner or against the property

20  covered thereby.

21         (25)(26)  Railroads. The city commission council shall

22  have the power by ordinance to regulate, suppress or prohibit

23  the blowing of whistles or the making of unusual or

24  unnecessary noises by any engine, locomotive or train within

25  said city; to limit and regulate the rate of speed at and

26  manner in which any engine, locomotive, train, car or cars of

27  any street railway company, or any automobile, truck, car,

28  motorcycle, and all other motor driven vehicles may be

29  operated within the city limits; to require that no engine,

30  locomotive, train, car or cars of any street railway company

31  or railway company shall block or obstruct the passage of

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  1  persons or vehicles at any street crossing or other public

  2  crossing in said city, and to limit the time that any engine,

  3  locomotive, train, car or cars may stand upon, obstruct or

  4  block any such street or other public crossing; to require any

  5  street or other railway company doing business within said

  6  city to open, establish, pave, maintain and keep in repair a

  7  proper crossing for the passage of persons and vehicles over

  8  and upon its track or tracks at any point where any public

  9  street, avenue or other public way of said city may now or

10  hereafter be located or established, and to prescribe that if

11  such railway company shall fail or refuse to comply with the

12  provisions of any ordinance or resolution of the council

13  ordering the opening, establishing, paving, maintaining or

14  repairing of such crossing, within such time as may be

15  prescribed by the council or any person authorized by it, the

16  council may open, establish, pave, maintain or repair any such

17  crossing, and the city shall pay for the same and shall have a

18  lien for the amount so paid, which lien may be enforced by

19  suit at law or equity, or the city may maintain its personal

20  action against such street or other railway company to recover

21  said amount, or it may enforce its lien and also maintain its

22  personal action until actually paid the amount due, and the

23  same remedies may be pursued and enforced in any court of

24  competent jurisdiction.

25         Section 12.  Adoption of general statutes relating to

26  cities and towns; use of power under state law.--The city may

27  adopt in full, in part or by reference and make a part of the

28  ordinances of the city, any general statute relating to

29  cities, towns and municipalities as set forth in Florida

30  general laws or any amendments thereto. The city may use those

31  powers of the general laws of the State of Florida, and

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  1  amendments thereto, that are in force for the municipalities,

  2  cities and towns of this state to be used at the discretion of

  3  the city commission council.

  4         Section 13.  Authority to require bond.--The city

  5  commission council shall have authority to require any officer

  6  or employee to give bond with good and sufficient surety in

  7  such amount or amounts as may from time to time be fixed by

  8  ordinance. The form of such bond shall, together with the

  9  sufficiency of the surety, be approved by the city commission

10  council and conditioned for the faithful performance of the

11  respective duties of such officer, employee or appointee, and

12  for the proper accounting and prompt payment over to the city,

13  or the person lawfully entitled thereto, of any and all money

14  received by such person in the performance of his or her

15  duties.

16         Each bond shall further be conditioned to save the city

17  and any person harmless from any and all damages, claims or

18  liability which may occur as a result of any act of such

19  officer, employee or appointee done in the scope of his or her

20  employment or office.

21         Section 14.  Jurisdiction.--The jurisdiction and powers

22  of the city shall extend over all streets, alleys, sewers,

23  parks and all lands within the corporate limits, whether

24  platted or unplatted, and in the air above same; and to and

25  over all waters, waterways, streams, bays, bayous, submerged

26  lands, water bottoms and wharves; and to and over all persons,

27  firms, and corporations, property and property rights,

28  occupations, businesses and professions whatsoever, within

29  boundaries; and over all property owned, leased or operated by

30  the city outside the corporate limits. The title to and

31  jurisdiction over all streets, thoroughfares, parks, alleys,

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  1  public lots, sewers, within the city, and all other property

  2  and municipal plants now owned, possessed or operated by the

  3  municipality by this charter abolished, and all property of

  4  every kind and character which the city may hereafter acquire

  5  within or outside the city, or which may vest in it, or be

  6  dedicated to it, for its use or for the public use, shall be

  7  vested in the City of Lake Butler, as created under this

  8  charter.

  9         Section 15.  Causes of action against

10  city--Limitations.--

11         (a)  No action shall be brought against the City of

12  Lake Butler for any negligent or wrongful injury or damage to

13  person or property unless brought within the period of time

14  prescribed from time to time by the general law of the state.

15         (b)  No action shall be brought against the City of

16  Lake Butler arising upon account of an act causing a wrongful

17  death unless brought within the period of time prescribed from

18  time to time by the general law of this state.

19         (c)  Any limitations on any causes of action and

20  notices required and any defense to any causes of action made

21  available for the benefit of any cities, towns or

22  municipalities in this state by the general law of this state

23  are hereby declared to be available for the use and benefit of

24  the City of Lake Butler.

25

26                 ARTICLE III.  FORM OF GOVERNMENT

27

28         Section 17.  City commission council; city

29  officers.--The governing body of the city shall be designated

30  as the city commission council which shall be composed of five

31  (5) commissioners councilmen, who shall be elected from the

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  1  city at large for terms of four years. The members of the city

  2  commission council shall be qualified electors of the City of

  3  Lake Butler. All other officers and employees of the city

  4  shall be appointed, suspended, or discharged as provided by

  5  ordinance of the city commission by a majority vote of the

  6  city council and the city council shall have authority to

  7  discharge or suspend any such appointed officer or employee at

  8  its pleasure without cause.

  9         Section 18.  City officers.--The officers of the city

10  shall be composed of a city manager, city clerk, tax assessor,

11  tax collector, chief of police, and such other officers as may

12  be created by ordinance. The city commission may elect to

13  provide any of these necessary services through interlocal

14  agreements with other local governments or through contract

15  with private entities, if in the best interest of the city.

16  The offices of city clerk, tax assessor and tax collector

17  shall be held by one (1) person until such time as the growth

18  of the city shall necessitate otherwise, in which event the

19  city commission council shall provide by ordinance for the

20  appointment of necessary personnel to administer the

21  respective offices.

22         The mayor may appoint a member of the city commission

23  or a committee of the city commission to review and coordinate

24  with the city manager council to supervise and direct any

25  particular phase of the government of the city, subject to

26  final control of the commission council.

27         Section 19.  General powers and duties of city

28  commission council.--Without limitation of the powers set

29  forth in this charter, the city commission council shall have

30  the following powers and duties:

31

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  1         (1)  To legislate for the City of Lake Butler by

  2  adopting ordinances and resolutions in the best interests of

  3  all citizens of the city and in accordance with the will of

  4  Almighty God.

  5         (2)  To adopt annual appropriations necessary for

  6  efficient city government; to establish financial controls;

  7  and to fix the salaries of all officials and employees.

  8         (3)  To determine the organization of the city

  9  government and the powers and duties assigned to the various

10  city officers.

11         (4)  To appoint all city officers including, but not

12  limited to, the city manager, city clerk, and city attorney

13  and employees.

14         (5)  To inquire into the conduct of any office,

15  department or agency of the city and make investigations as to

16  municipal affairs.

17         (6)  To adopt an annual budget of expenditures, and

18  levy an annual tax thereon.

19         (7)  To create offices within the city government and

20  provide compensation for officers and employees of the city.

21         (8)  To determine all matters of policy of the city

22  government.

23         (9)  Act as a board of appeals from the decision of any

24  committee or commission appointed by the commission council.

25         (10)  Regulate places of business selling alcoholic

26  beverages.

27         Section 20.  General powers and duties of the mayor.--

28         (a)  The mayor shall have the following powers and

29  duties:

30         (1)  To exercise the executive power of the city and

31  supervise all the departments.

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  1         (2)  To enforce the charter and ordinances of the city

  2  and all general laws applicable thereto.

  3         (3)  To present recommendations to the commission

  4  council on the requirements of the city government.

  5         (4)  To administer and preside over the municipal court

  6  as created by Article VII, subject to the creation by

  7  ordinance of the separate office of municipal judge.

  8         (b)  The mayor shall be expected at all times to set an

  9  example in good citizenship, showing to all a spirit of

10  cooperation; and in a dignified manner lead the City of Lake

11  Butler in democratic ideals and in keeping with the spirit of

12  this Charter, the Constitution of the State of Florida and the

13  Constitution of the United States, being guided by the will of

14  God.

15         (c)  In the absence or inability of the mayor to serve,

16  the vice mayor pro tem shall perform the duties of mayor.

17         Section 21.  Mayor and vice mayor pro tem.--The

18  commission council shall elect one of their members as mayor

19  and another as vice mayor pro tem for terms of one year at the

20  annual organizational meeting of the commission council after

21  each regular municipal election. The mayor shall preside at

22  meetings of the commission council, and in the mayor's his

23  absence the vice mayor pro tem shall preside; and shall

24  perform such other duties consistent with his or her office

25  and this Charter as may be imposed by the commission council.

26  The mayor shall have no veto power; he or she shall be

27  recognized as the official head of the city for all ceremonial

28  purposes, by the courts for the purpose of serving civil

29  process, and by the governor for military purposes. In time of

30  public danger or of emergency, he or she may with the consent

31  of the commission council, take command of the police and

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  1  maintain order and enforce the law. During the absence or

  2  disability of the mayor his or her duties shall be performed

  3  by the vice mayor pro tem. In the absence of the mayor and the

  4  vice mayor pro tem, the commission council shall appoint one

  5  of its members to serve as vice mayor pro tem of the

  6  commission council in performing the duties of the mayor.

  7         Section 22.  Committees and commissions.--The city

  8  commission council may appoint commissions or committees of

  9  the commission council to be composed of such number of the

10  commission council or citizens as the city commission council

11  may deem expedient to act in an advisory capacity in

12  conjunction with any municipal functions. The members of all

13  such committees and commissions shall serve without

14  compensation and may be removed at any time by a majority vote

15  of the city commission council.

16         Section 23.  Meetings.--The city commission council

17  shall meet at such time and place not less than monthly as may

18  be prescribed by ordinance or resolution. All meetings of the

19  city commission council shall be public. The mayor or the vice

20  mayor pro tem may call a special meeting of the commission

21  council only at the request of the majority of the commission

22  council and only for specifically stated written purposes;

23  business of the said meeting to be only upon the business so

24  stated, and meetings held in the commission council chambers

25  of the city hall. At least twenty-four (24) hours' notice

26  shall be served on the members of the commission council

27  before any special meeting shall be held. Special meetings of

28  the commission council shall be called by the mayor or by a

29  majority of the members of the commission council.

30         Section 24.  Procedure; discipline; quorum.--The city

31  commission council may determine its own rules of procedure

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  1  and may punish its own members for misconduct and may compel

  2  the attendance of members, and upon the vote of four-fifths

  3  (4/5) of the members, of the commission council may expel a

  4  member for misconduct in office or neglect of duty, after

  5  holding public hearing on charges. A majority of all members

  6  of the said commission council shall constitute a quorum to do

  7  business, but a smaller number may adjourn from time to time.

  8  Misconduct on the part of a member of said commission council

  9  shall consist of any dishonorable act upon the part of said

10  member, or the use of profane or abusive language at any

11  commission council meeting, or the creating of any unlawful

12  disturbance on the part of any member or members such as

13  fighting or assaulting another member or members of the

14  commission council or any citizen at a commission council

15  meeting, or any act of disorderly conduct on the part of any

16  member that would tend to breach the peace or lower the

17  dignity and standard of the commission council of the City of

18  Lake Butler. A majority of the commission council may compel

19  the attendance of absent members by the imposition of fines

20  and penalties.

21         Section 25.  Rules and order of business; journal;

22  minutes.--The commission council shall determine its own rules

23  and order of business. It shall cause the city clerk to keep

24  the journal of its proceedings, to authenticate by his or her

25  signature and to record in a book kept for the purpose all

26  ordinances and resolutions. The reading of the minutes of the

27  prior regular meeting may be dispensed with if the commission

28  by motion duly carried dispenses with such reading. Upon

29  request of any person present, the minutes shall be read. The

30  minutes of any special meeting shall be read at the next

31

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  1  regular meeting or by motion duly carried the commission

  2  council may dispense with such reading.

  3         Section 26.  Commissioners Councilmen required to

  4  vote.--When any issue or question is to be voted on at any

  5  commission council meeting, the clerk shall call the roll of

  6  the council members and each commissioner councilman present

  7  at the council table at that time shall cast either an

  8  affirmative or negative vote on such issue or question and the

  9  clerk shall record the individual vote of each in the journal.

10         Section 27.  Compensation.--The compensation of the

11  city commissioners councilmen, the mayor, and of the vice

12  mayor pro tem shall be fixed by ordinance from time to time,

13  which ordinance may be the budget ordinance. Any increases in

14  such compensation shall not become effective except on the

15  commencement of the fiscal year of the city.

16         Section 28.  Removal of commissioners councilmen or

17  mayor--Grounds.--Any of the commissioners councilmen may be

18  removed from office for any of the following grounds:

19         (a)  Successive failure to attend regular meetings

20  without good cause after being requested by the majority of

21  the commission council so to do.

22         (b)  Removal of residence from the City of Lake Butler.

23         (c)  Misfeasance in office.

24         (d)  Nonfeasance in office.

25         (e)  Malfeasance in office.

26         (f)  Habitual intoxication.

27         (g)  Conviction of a felony.

28         (h)  Gross immorality, while on duty, off duty, or

29  while on vacation.

30         Section 29.  Same--Procedure.--The majority of the

31  commission council may remove any member of the commission

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  1  council for any of the grounds set forth in Section 28 of this

  2  Charter, provided such member is so charged in writing, given

  3  a public hearing, if requested, a bill of particulars if

  4  demanded, and is given the opportunity to appeal the decision

  5  of the commission council to the circuit court. The commission

  6  council may by ordinance further provide for additional

  7  procedure to carry out the intent of this section.

  8

  9                      ARTICLE IV.  ELECTIONS

10

11         Section 30.  Election of city commission council;

12  election registration officer.--The regular municipal election

13  of the city shall be held on the fourth Tuesday in June of

14  each even numbered year, beginning in 1982.

15         In order that terms of city commission council members

16  may be staggered, the two members elected in the election held

17  in June of 1981 shall serve for terms of 3 years and the three

18  members elected in the election held in June of 1982 shall

19  serve for terms of 4 years. Thereafter, all members shall

20  serve terms of 4 years.

21         The city commission clerk shall appoint be the election

22  registration officer of the City of Lake Butler at least 30

23  days prior to any city election. The city commission may elect

24  to contract elections supervision to the county elections

25  supervisor when deemed to be in the best interest of the city.

26         Section 31.  Qualifications of candidate; form of

27  oath.--Any person who is a resident of the city and has been

28  for at least 6 months and has the qualifications of an elector

29  therein may become a candidate for election to the office of

30  the city commissioner councilman by petition of twenty (20)

31  qualified electors of the city and filing with the election

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  1  registration officer city clerk a qualifying fee as prescribed

  2  by ordinance and by taking and subscribing to an oath or

  3  affirmation in compliance with current state election laws

  4  before the election registration officer. The qualifying

  5  period for candidates for city commission shall consist of a

  6  5-day period, Monday through Friday, as designated by the city

  7  commission and must occur not less than 60 days prior to the

  8  scheduled election. The filing of necessary documents for

  9  qualifying as a candidate shall occur on these days during

10  established hours at the office of the election registration

11  officer. city clerk in substantially the following form and

12  filing the same with the city clerk not more than sixty (60)

13  nor less than fifteen (15) days prior to the day of holding

14  the next regular election:

15

16         State of Florida

17

18         County of Union

19

20         City of Lake Butler

21

22         Before me, the city clerk of the City of Lake

23         Butler, personally [appeared]          who

24         first being duly sworn says that he is a

25         candidate for the office of city councilman in

26         the City of Lake Butler, Florida, at elections

27         to be held in the year 19        ; that he is a

28         qualified elector in the City of Lake Butler;

29         that he is duly qualified to hold office under

30         the Constitution and laws of the State of

31         Florida; that he is not a member of the

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  1         Communist party or any affiliate thereof; and

  2         that he has not violated any of the laws of the

  3         city or state relating to elections or the

  4         registration of voters therefor.

  5                                                 (     )

  6                                               Candidate

  7

  8         Sworn to and subscribed before me this         

  9         day of         , A.D. 19        , in the City

10         of Lake Butler, Florida.

11                                                 (     )

12                                              City Clerk

13

14         Section 32.  Names to be placed on ballot for regular

15  election.--The names of all candidates so qualified for

16  election for the offices of city commissioner councilman shall

17  be placed upon the ballot in alphabetical order. In such

18  election the number of candidates corresponding to the number

19  of vacancies to be filled in the city commission council who

20  shall receive the greatest vote in such election shall be the

21  duly elected commissioners councilmen of the City.

22         Section 33.  Absentee voting; use of voting

23  machines.--Absentee voting shall be permitted in city

24  elections in the same manner as provided in the laws of the

25  State of Florida. The use of voting machines in any city

26  election shall be authorized.

27         Section 34.  Qualification of electors; prescribing

28  method and manner of elections.--No person shall be allowed to

29  vote at any election for the purpose of electing city

30  commissioners councilmen for the city, who is not a qualified

31  voter under the laws of the State of Florida, and who has not

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  1  resided in the City of Lake Butler for six (6) months

  2  preceding such election, and who has not registered as a voter

  3  of said city in such manner as may be prescribed by the

  4  council. The city commission council shall, by ordinance,

  5  prescribe the method, manner and conduct of holding all

  6  elections which shall be called and held, and which are not

  7  provided for by the terms of this charter. All such elections

  8  shall be conducted substantially on the principle adopted for

  9  the state elections insofar as there is no conflict with the

10  terms of this charter or ordinance.

11         Section 35.  Elections; commission council judge of own

12  qualifications; rules of procedure.--Except as provided by

13  this charter, the city commission council shall by ordinance

14  provide for the calling of all general and special city

15  elections and shall be the judges of the qualifications,

16  elections and return of its own members and the mayor. Within

17  three (3) days after any election, the city commission council

18  shall meet to receive, canvass and declare the results

19  thereof. Upon the official announcement of the result of such

20  canvass, the newly elected commissioners councilmen and mayor

21  shall take the oath of office as prescribed by state law and

22  thereupon assume office and the performance of their duties.

23         Section 36.  Vacancies.--Should a vacancy occur in the

24  city commission council, it may be filled by appointment upon

25  a majority vote of the city commission council, until a

26  successor is qualified and elected at the next regular general

27  municipal election, at which election the successor shall be

28  elected to fill the remainder of the unexpired term, or the

29  vacancy may be filled by a special election to fill the

30  remainder of the unexpired term. Provided no person shall be

31

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  1  appointed to fill a vacancy occasioned by his or her recall as

  2  provided in section 39.

  3         Section 37.  Conduct of candidates for elective

  4  office.--No candidate shall promise any money, office,

  5  employment or other thing of value, to secure his or her

  6  election, or give anything of value to individual voters for

  7  the purpose of securing their votes. A violation of any of

  8  these provisions shall disqualify such candidate from holding

  9  the office, if elected, and the person receiving the next

10  highest number of votes, observing the foregoing conditions,

11  shall be entitled to the office.

12         Section 38.  Interim government.--Should a condition

13  arise where there should be no city commission council

14  serving, either through death, resignation or otherwise, in

15  the interim until a special election can be called to fill

16  such vacancies, the city clerk shall have the power to fill

17  the vacancies until successors are elected, and such city

18  commission council so appointed shall call a special election

19  as provided by this charter. In the event of the inability or

20  refusal of the city clerk to serve in such capacity or to fill

21  such vacancies within five (5) days after such condition

22  arises, the chief of police shall do so.

23

24                      ARTICLE V.  ORDINANCES

25

26         Section 49.  Validation of previous acts of commission

27  council.--The ordinances heretofore passed and all acts

28  heretofore done and performed by and through the city

29  commission council, mayor and other officials of the City of

30  Lake Butler not in conflict with the Constitution and Laws of

31  the United States or the State of Florida, and the provisions

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  1  of this act, are hereby declared to be of full force and valid

  2  and binding both in law and equity.

  3         Section 50.  Ordinances--Power to pass, enforce and

  4  penalize for violation.--The city commission council shall

  5  have power to pass such ordinances as they may deem necessary

  6  for the good government of the city, and to enforce the

  7  provisions of this act, and to prescribe fines and forfeitures

  8  for the violation of the city ordinances, providing no penalty

  9  so prescribed shall exceed five hundred dollars ($500.00), or

10  sixty (60) days imprisonment, or both. They shall also have

11  the power to require any person sentenced to imprisonment for

12  a violation of a municipal ordinance to work upon the streets

13  in any municipal activity.

14         Section 51.  Form; enacting clause; emergency

15  measures.--Every proposed ordinance or resolution shall be

16  introduced in written or printed form and shall not contain

17  more than one subject, which subject shall be clearly stated

18  in the title, but general appropriation ordinances may contain

19  the various subjects and accounts for which moneys are to be

20  appropriated. The enacting clause of all ordinances shall be

21  "Be it ordained by the City Commission Council of the City of

22  Lake Butler, Florida." No ordinance, unless it shall be an

23  emergency measure, shall be passed until it shall have been

24  read at two regular meetings, not less than one week apart, or

25  unless the requirement of such reading has been dispensed with

26  by unanimous vote of the commission council. An emergency

27  measure is one necessary for preservation of general welfare,

28  peace, health, prosperity or safety. No ordinance shall be

29  enacted until all current statutory public notice requirements

30  have been met.

31

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  1         No ordinance or resolution making a grant, renewal or

  2  extension of a franchise, or special privilege, or regulating

  3  the rate to be charged by the services of a public utility

  4  shall ever be passed as an emergency measure.

  5         Section 52.  Effective date.--Each ordinance or

  6  resolution shall take effect when passed and certified as

  7  passed, unless otherwise provided in said ordinance or

  8  resolution.

  9         Section 53.  Recording.--Every ordinance and resolution

10  shall upon its final passage, be recorded and filed for

11  safekeeping by the city clerk and shall be authenticated by

12  the signature of the presiding officer and clerk of the city

13  commission council.

14         Section 54.  Initiative and referendum.--

15         (a)  Power of initiative. The electors of the city

16  shall have power to propose any ordinance, except an ordinance

17  appropriating money or authorizing the levy of taxes, and to

18  adopt or reject the same at the polls, such power being known

19  as the initiative. Any initiated ordinance may be submitted to

20  the commission council by a petition signed by qualified

21  electors of the city in equal number to at least thirty

22  percent (30 %) of the registered voters at the last regular

23  municipal election.

24         (b)  Power of referendum. The electors shall have power

25  to approve or reject at the polls any ordinances passed by the

26  commission council, or submitted by the commission council to

27  a vote of the electors, except as otherwise provided in this

28  charter, such power being known as the referendum. Ordinances

29  submitted to the commission council by initiative petition and

30  passed by the commission council without change shall be

31  subject to a referendum in the same manner as other

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  1  ordinances. Within twenty (20) days after the enactment by the

  2  commission council of any ordinance which is subject to a

  3  referendum, a petition signed by qualified electors of the

  4  city equal in number to at least thirty percent (30 %) of the

  5  registered voters at the last preceding regular municipal

  6  election may be filed with the city clerk requesting that any

  7  such ordinance be either repealed or submitted to a vote of

  8  the electors.

  9         Section 55.  Codification of ordinances.--The city

10  commission council shall have the power to have the city

11  ordinances revised and codified; and when revised and codified

12  ordinances shall have been approved by the affirmative vote of

13  a majority of the commission council, and shall have been

14  published in a book form, either looseleaf or permanently

15  bound, the said code with such additions or changes as may

16  from time to time be made thereto, shall constitute the laws

17  and ordinances of the city and shall be of full force and

18  effect until repealed. Such codification and revision may be

19  adopted as provided by the general laws of the state.

20

21                     ARTICLE VI.  CITY CLERK

22

23         Section 56.  City clerk--Office created; powers and

24  duties.--There is hereby created the office of the city clerk

25  of the city. The city clerk shall be appointed by the city

26  commission council and shall serve under the direction and

27  supervision of at the pleasure of the city commission council.

28         The city clerk, in addition to the rights, powers,

29  duties and functions prescribed elsewhere in this act, shall

30  under the direction and supervision of the city commission

31  council:

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  1         (1)  Direct and have within his or her custody and

  2  control the records of the city and the taxation system of the

  3  city.

  4         (2)  Issue all warrants for the payment of money by the

  5  city, shall keep an accurate account of all taxes and

  6  assessments, of all moneys due to and of all receipts and

  7  disbursements by the city, of all its assets and liabilities

  8  and of all appropriations made by the city commission council.

  9         (3)  Submit to the city commission council at its first

10  meeting in each month a complete and comprehensive report

11  covering the last preceding month of the receipts and

12  expenditures and of the financial condition of the city.

13         (4)  Make and keep a list of the outstanding

14  obligations of the city of whatsoever characters they may be,

15  to whom issued and for what purposes, when and where payable

16  and the rate of interest they respectively bear, and he or she

17  shall recommend such action from time to time to the city

18  commission council as will insure the punctual payment of

19  principal and interest of such obligations.

20         (5)  Furnish the city commission council at any time

21  such reports, data and information as may be necessary to

22  fully inform the latter as to the financial affairs of the

23  city, furnishing them such estimates of the expenses of the

24  city government as may be necessary to form the basis of the

25  annual budget and to determine the revenue to be raised each

26  year.

27         (6)  No contract made in behalf of the city or to which

28  the city is a party shall be valid unless countersigned by the

29  city clerk and he or she shall keep regular books of account

30  in which shall be entered all indebtedness of the city which

31  shall at all times show the financial condition of the city,

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  1  the amount of bonds, interest, orders, certificates or other

  2  evidences of indebtedness outstanding and the amount of all

  3  bonds, orders, certificates or other evidences of indebtedness

  4  which have been redeemed.

  5         (7)  Countersign all bonds, orders, certificates or

  6  other evidences of indebtedness of the city and keep an

  7  accurate account thereof.

  8         (8)  The accounting procedure of the city shall be

  9  established and handled by the city clerk and shall be

10  adequate to provide a record in detail of all transactions

11  affecting the acquisition, custodianship and disposition of

12  values including cash receipts and disbursements and such

13  facts shall be so presented in the reports which he or she is

14  required to render periodically, to show in detail the full

15  account of such transactions had for and on behalf of the

16  city.

17         (9)  Attend all meetings of the city commission council

18  and shall keep a journal of its proceedings; and the

19  correctness of which proceedings as entered in such journal

20  shall be certified to after each meeting by his or her

21  signature and by the signature of the presiding officer of the

22  city commission council.

23         (10)  Be the custodian of the seal of the city and of

24  all records and papers of a general character pertaining to

25  the affairs of the city.

26         (11)  The city clerk shall be the assessor and

27  collector of taxes for the city. He or she shall receive and

28  collect all moneys belonging to the city including taxes,

29  license money, fines and incomes from all other sources and he

30  shall collect all special assessments as provided for under

31  this act and keep an accurate account thereof, depositing same

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  1  in the city depository. Provided the city commission council

  2  may appoint and provide by ordinance the powers and duties of

  3  a city tax assessor and collector, including the duties herein

  4  prescribed.

  5         (12)  In addition to the duties specifically imposed

  6  under this act the city clerk shall perform such other duties

  7  as may be required of him or her by ordinance or resolution of

  8  the city commission council as well as such as may be required

  9  of the city auditors, city clerks, city tax collectors and

10  city tax assessors by the general laws of the state applicable

11  to municipalities and not inconsistent with this act or with

12  any ordinance or resolution passed by the city commission

13  council.

14         (13)  The city clerk shall annually enter into a good

15  and sufficient surety bond satisfactory to the city commission

16  council in an amount sufficient to cover the total amount of

17  taxes, assessments and other accounts receivable by the city

18  during the fiscal year for which such bond is executed.

19         (14)  He or she shall keep account with all disbursing

20  officers and employees of the city and city depositories,

21  showing the amounts they have received from different sources

22  of revenue and the amount they have disbursed.

23         (15)  He or she shall keep a list of all certificates

24  issued for work, or for any other purpose and before the levy

25  by the city commission council of any special tax upon any

26  property in the city, or any part thereof, he or she shall

27  furnish to the city commission council, a schedule of all lots

28  or parcels of land which may be subject to the proposed tax or

29  assessment and which it may be necessary to levy on, which

30  said schedule shall be certified by his or her affidavit and

31  shall be prima facie evidence of the facts stated therein, in

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  1  all cases wherein the validity of such tax or assessment shall

  2  come in question. Acting upon such schedule the city

  3  commission council may, if they deem such special tax or

  4  assessment legal and just, cause the same to be levied.

  5         (16)  No contract, agreement or other obligation

  6  involving the expenditure of money shall be entered into, nor

  7  shall any ordinance, resolution or order for expenditure of

  8  money be passed by the city commission council or be

  9  authorized by any office of the city unless the city clerk

10  first certifies to the city commission council or to the

11  proper officer, as the case may be, that the money required

12  for such contract, agreement, obligation or expenditure, is in

13  the treasury or depository to the credit of the fund from

14  which it is to be drawn, and not appropriated for any other

15  purpose, which certificate shall be filed and immediately

16  recorded. The sum so certified shall not thereafter be

17  considered unappropriated until the city is discharged from

18  the contract, agreement or obligation. All moneys actually in

19  the treasury or depository to the credit of the fund from

20  which they are to be drawn, and all moneys applicable to the

21  payment of obligations or appropriations involved, that are

22  anticipated to come into the treasury or depository before the

23  maturity of such contract, agreement or obligation, from taxes

24  or assessments, or from sale or services, products or

25  byproducts, or from any city undertaking, fees, charges,

26  accounts and bills receivable, or other claims in the process

27  of collection; and all moneys applicable to the payment of

28  such obligation or appropriation, which are to be paid into

29  the treasury or depository prior to the maturity thereof,

30  arising from the sale or lease of land or other property and

31  money to be derived from lawfully authorized bonds sold and in

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  1  the process of delivery shall, for the purpose of such

  2  certificates, be deemed in the treasury or depository to the

  3  credit of the appropriate fund and subject to such

  4  certification.

  5         (17)  All claims and demands against the city, before

  6  they are allowed by the city commission council, shall be

  7  examined and adjusted and their correctness certified by the

  8  city clerk. He or she shall keep a record of his or her

  9  accounts and doings and a record of all contracts to which the

10  city is a party, with an index thereto, and such books shall

11  be open to the inspection of all parties interested.

12         (18)  The city clerk shall prescribe and require,

13  except as there may be prescribed and required by law, the use

14  of plain and uniform systems of keeping books of accounts by

15  all city departments, officers or employees who are charged

16  with the receipt or disbursements of any of the funds of the

17  city, or who may be authorized to purchase materials and

18  supplies or to employ labor for the city. He or she shall

19  prescribe the forms of vouchers or other evidence of the

20  receipt of money from the city or from the establishment of

21  demands against the city, he or she shall require a daily

22  report from each department, office, officer or employee of

23  the city receiving and disbursing funds of the city, showing

24  all sums received and disbursed, from what source and for what

25  purpose.

26

27          ARTICLE VII.  LAW ENFORCEMENT MUNICIPAL COURT;

28                 POLICE DEPARTMENT; CITY ATTORNEY

29

30         Section 72.  Law enforcement Police

31  department--Established; composition.--Law enforcement

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  1  activities shall be as determined by ordinance of the city

  2  commission. There shall be and there is hereby established in

  3  the City of Lake Butler a police department for the

  4  preservation and enforcement of law and order within said

  5  city. The department shall consist of one chief of police and

  6  such necessary deputy police officers, who shall be appointed

  7  by the city council to serve at the pleasure of the city

  8  council.

  9         Section 75.  City attorney.--The city attorney shall be

10  appointed by the city commission council from the membership

11  of The Florida Bar Association. As legal advisor for the

12  municipality, in consideration of the retainer set forth in

13  the budget ordinances of the city, at the direction of the

14  city commission council and upon reasonable notice, the city

15  attorney shall render his or her legal opinion in response to

16  any reasonable question on municipal law propounded by the

17  commission council or city administrative officials, be

18  available on reasonable notice to represent the city in his or

19  her professional capacity and cause to be prepared any

20  ordinance or resolution for introduction requested by the city

21  commission council. The city attorney upon reasonable notice

22  in his or her professional capacity as an attorney at law,

23  shall represent the city and its officials in all other legal

24  matters requiring the services of an attorney at law, and

25  shall be entitled to and shall receive his or her professional

26  fee for any such service rendered. He or she shall be

27  reimbursed for all necessary and reasonable expenses and costs

28  expended, incurred or advanced by him or her on behalf of and

29  for the benefit of the city. Special counsel, upon

30  recommendation of the city attorney, or upon notice of the

31  city commission council, may be engaged at any time by the

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  1  commission council and such special counsel shall be paid by

  2  the city for professional services rendered, except any

  3  special counsel engaged and paid by any company pursuant to

  4  contract with the city.

  5

  6              ARTICLE VIII.  HEALTH, SAFETY, WELFARE

  7

  8         Section 76.  Public health, morals, welfare or safety;

  9  public health officer.--The City is authorized to enact any

10  type or kind of ordinance to protect the public health,

11  morals, welfare or safety of the inhabitants of the city, and

12  to employ a public health officer.

13         Section 78.  Fire prevention.--The city is authorized

14  to provide for the prevention and extinguishment of fires and

15  to organize, establish and maintain a fire department and

16  provide for its maintenance.

17         Section 79.  Establish quarantine and health

18  regulations; city health officer to enforce the same.--The

19  city commission council shall have the power to pass all such

20  ordinances as may be necessary to establish quarantine and

21  health regulations for the city, not inconsistent with the

22  rules and regulations of the state board of health, and

23  enforce the same by penalties; to arrange and provide for a

24  city health officer. The city health officer shall have the

25  general supervision of the public health of the city and shall

26  have the power to make, promulgate and enforce such rules and

27  regulations as may be necessary for the preservation of the

28  same not inconsistent with this charter or in violation of any

29  of the ordinances of the city.

30

31                 ARTICLE IX.  BUDGET AND FINANCES

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  1

  2         Section 85.  Deposits and expenditures; city

  3  treasury.--There shall not be a city treasurer of the City of

  4  Lake Butler and the Funds of the city shall be received,

  5  controlled, handled, and dispersed in the manner determined by

  6  ordinance and in harmony with appropriate provisions of state

  7  statute and accepted finance and accounting practices.

  8         (a)  City funds drawn from any depository utilized by

  9  the city under this section shall be upon a warrant or check

10  issued by the city in accord with the provisions of this

11  charter and any ordinance regulating the collection and

12  disbursement of city funds adopted by the city commission.

13  Each instrument so drawn shall bear two authorizing

14  signatures: that of the manor, or in absence of the major,

15  that of the vice mayor; and that of the city clerk or the

16  clerk's designee as approved by the city commission.

17         (b)  The city clerk shall provide a monthly report as

18  required by the commission summarizing a listing of all checks

19  or warrants issued for the month, including, but not limited

20  to, the payee, date issued, amount of the check or warrant,

21  and the budgetary line-item code where funds were charged.

22  deposited in a bank or banks who will comply with the

23  provisions of this section and the various subsections

24  thereof, which bank or banks shall be known as the city

25  depositories and shall be handled, received and disbursed in

26  the manner hereinafter provided in this section and

27  subsections thereof.

28         (a)  Any bank, national or state, authorized to do

29  business in the State of Florida that will pay the highest

30  interest rate authorized by law per annum on deposits of city

31  funds and give at its own expense a surety bond issued by some

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  1  surety company authorized to do business in this state or make

  2  satisfactory deposit to the credit of the city sufficient

  3  federal, state, county or municipal bonds for the protection

  4  of said funds is hereby created a city depository for the City

  5  of Lake Butler and authorized and entitled to receive city

  6  funds in the manner and method hereinafter provided.

  7         (b)  Any bank as described in the preceding subsection

  8  (a) desiring to become a city depository as herein provided

  9  shall file with the city council a written offer and guarantee

10  to pay the city the rate of interest as required by subsection

11  (a) above, and shall execute and deliver to said city a surety

12  bond issued by some surety company duly authorized to do

13  business in the state or make satisfactory deposit to the

14  credit of the city, federal, state, county or municipal bonds

15  in an amount to be determined by the city council and approved

16  as to validity by the city attorney of the city; and

17  conditioned that said bank insure the safekeeping, accounting

18  for and paying over upon demand by proper authority all money

19  that may come into its hands by virtue of its acting as said

20  depository; and will in all respects duly and faithfully

21  perform the duty imposed upon it, is entitled and authorized

22  to receive an equitable share of the public money of the city,

23  provided that the city council shall divide the deposits of

24  the city equitably among the banks of the city that have

25  qualified as provided in this and the preceding sections and

26  subsections and in case no bank in the city shall qualify then

27  the city council shall divide the deposits among the banks of

28  some other city meeting the conditions as provided in this and

29  the preceding sections and subsections.

30         (c)  The tax collector and chief of police of the city

31  and all other officers or persons having or receiving or

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  1  collecting any money payable to the city funds shall pay the

  2  same to the bank or banks qualified to receive the same. Each

  3  bank receiving any money as provided in this or the preceding

  4  sections or subsections shall make receipt of same in

  5  triplicate, one copy of which the bank will carefully preserve

  6  and keep, one copy to be given to the person from whom money

  7  was received and one copy given to the city clerk.

  8         (d)  Each bank acting as city depository shall keep two

  9  (2) separate accounts for each fund deposited with it, one of

10  which accounts shall contain the daily balance account subject

11  to immediate checking and the other shall contain the saving

12  or time deposit balance and shall not be subject to checking

13  without being transferred to the checking account by order of

14  the city council. The city council shall have full authority

15  at all times to transfer money from one of the two accounts to

16  each fund to the other thereof. All interest earned on any of

17  such deposits shall be credited to the account of the fund on

18  which it was earned and all interest shall be computed and

19  credited quarterly.

20         (e)  The city council shall cause to be kept by the

21  city clerk an accurate and complete set of books showing the

22  amount on hand, amount received, amount expended and the

23  balance thereof at the end of each month for each and every

24  fund carried by said city council.

25         (f)  All money drawn from any depository holding same

26  under the provisions of the preceding subsections shall be

27  upon a check or warrant issued by the city council; said check

28  or warrant both as to number and amount and persons to whom

29  drawn and purpose for which drawn shall be recorded in the

30  minutes of the city council; and each check or warrant so

31  drawn shall be signed by the mayor, attested by the city clerk

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  1  with the corporate seal of the city affixed thereto, and the

  2  bank upon which each check or warrant is drawn shall not pay

  3  the same until it shall receive a certified list from the city

  4  clerk giving the date and number and amount of each check or

  5  warrant and person to whom issued.

  6         (g)  Any bank acting as a depository shall at the end

  7  of each and every month file with the city council a report

  8  showing the balance on hand at the beginning of the month, all

  9  sums received and paid out during the month, balances on hand

10  at the end of the month, and return said report with all

11  checks and warrants properly canceled which said bank has paid

12  during the month. The city council shall make and publish a

13  monthly statement regarding the condition of each and every

14  fund of the city. If at any time, the security furnished by

15  any city depository becomes insufficient or inadequate the

16  city council shall have authority to require such other

17  additional security as may be necessary to be provided.

18         (h)  The designation of depository under the provisions

19  of this and the preceding sections or subsections shall be

20  made between the first and fifteenth day of September of each

21  year.

22

23   ARTICLE XI.  LOCAL IMPROVEMENTS; SPECIAL ASSESSMENTS; BONDS

24

25         Section 105.  Improvements defined; special assessments

26  authorized.--The city commission council is hereby authorized,

27  by resolution to regulate, provide for and require the

28  opening, widening, grading extending and improving the

29  streets, avenues, parks and other public places, and the

30  construction, repair and maintenance of sidewalks, street

31  pavements, curbs and street lights; the draining, dredging and

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  1  filling in of low or marshy places, dangerous to public

  2  health; the cleaning up, clearing, underbrushing and putting

  3  into proper condition of places requiring such work to be done

  4  to promote the public welfare or to protect adjacent property

  5  against the danger of fire, breeding of mosquitoes and

  6  harboring snakes, etc.; to construct and maintain water mains,

  7  sewers and drains; and may by resolution provide for the

  8  payment of cost of the same, in whole or in part by special

  9  assessment against the property abutting or benefited or the

10  property cleaned up, cleared, underbrushed, drained, dredged

11  or filled in and may by resolution provide for the making of

12  the assessment a lien against the property so benefited,

13  cleaned up, cleared, underbrushed, drained, dredged or filled

14  in. The city commission council shall have power by resolution

15  to provide for the levying and collection of a frontage tax

16  for water and sewer mains based upon the front footage of the

17  property bounding or abutting upon the improvement.

18         Section 106.  Resolution of necessity; notice;

19  meeting.--When the city commission council shall determine to

20  make any local improvement as above authorized, the cost of

21  which or any part thereof is to be assessed against the

22  property benefited, it shall adopt a resolution declaring the

23  necessity of the proposed improvement, describing the nature

24  and the extent of the work, the general character of the

25  materials to be used and the location and terminal points

26  within which the improvement is to be made.

27         Such resolution shall fix a date when the city

28  commission council will meet, which shall not be less than

29  three (3) days after the date of the publication of the notice

30  herein provided for to hear any objections or remonstrances

31  which may be made to said improvements.

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  1         Notice of the hearing of said resolution shall be

  2  published once prior to the date of hearing in a newspaper

  3  published in the city.

  4         At said meeting, or at a time and place to which the

  5  same may be adjourned, any person aggrieved may appear in

  6  person or by attorney, or by petition, and may object to or

  7  protest against said improvement. The city commission council

  8  shall consider the objections and protests, if any, and may

  9  confirm, amend, modify or rescind the resolution of necessity

10  and shall determine whether the said improvements shall be

11  final and conclusive.

12         Section 107.  Assessment of property benefited.--The

13  resolution determining to proceed with the improvement may

14  direct that the cost and expense thereof or such part as the

15  city commission council shall charge upon the property

16  benefited shall be assessed upon specially benefited lands in

17  proportion to the benefit to be derived therefrom; or if the

18  city commission council finds that all property abutting on

19  such improvement is especially benefited, it may direct that

20  the whole or part of the cost and expenses thereof as it shall

21  fix, be assessed the abutting property according to frontage.

22         Section 108.  Payments from city funds.--The city

23  commission council may pay out of the city's general fund, or

24  out of any special fund provided for that purpose, such

25  portion of the cost of the proposed improvement as it may deem

26  proper. Interest accrued while an improvement is under

27  construction, and for six (6) months thereafter shall be

28  deemed part of the cost of the improvement. All engineering

29  and inspection cost, including a proper portion of the

30  compensation, salaries and expenses of the engineering staff

31  of the city properly chargeable to any improvement, and all

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  1  costs and estimated costs of the issuance of bonds hereinafter

  2  provided for, shall be deemed a part of the cost of the

  3  improvement. When the improvement has been completed the city

  4  commission council shall ascertain and determine the cost

  5  thereof, and shall declare the same thereof by resolution.

  6         Section 109.  Assessment book for local improvement;

  7  notice.--When the improvement has been completed, the city

  8  commission council shall cause to be prepared an assessment

  9  list showing the names of the property owners and opposite

10  each name, a description of each lot or parcel of land

11  proposed to be assessed for the improvement and the amount

12  proposed to be assessed against each lot or parcel of land.

13  Such list shall be entered in a well bound book prepared for

14  that purpose, which shall contain an appropriate column in

15  which payments shall be credited and shall be known as "The

16  Assessment Book for Local Improvements." It shall be a public

17  record, and entry therein of any assessments shall constitute

18  notice to the public of the lien against the land so assessed,

19  and no other record of notice thereof shall be necessary to

20  any person or corporation for that purpose. No error, omission

21  or mistake in regard to the name of the owner shall be held to

22  invalidate any assessment. As soon as the assessment has been

23  entered in the assessment book, said book shall be delivered

24  to the city clerk, who shall thereupon give notice of

25  publication in some newspaper published in the city that the

26  assessment list, describing the same, has been delivered to

27  him or her and is open for inspection at his or her office and

28  that at a time and place therein mentioned, not less than five

29  (5) days from the date of publication the city commission

30  council will meet to hear and determine any objections or

31  defenses that may be filed to such assessments or to the

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  1  amounts thereof. Said notice shall also state the general

  2  character of the improvements and the location thereof and the

  3  streets or other public thoroughfares or portions thereof on

  4  which the improvement has been constructed.

  5         Section 110.  Assessment of railroads.--All assessments

  6  shall be made and apportioned in the manner fixed by the

  7  resolution of the city commission council. No assessment shall

  8  exceed the special benefits derived from the improvements. If

  9  there be a railroad track or tracks on any street, highway or

10  other public thoroughfare, improved, paved or repaved under

11  the provisions of this act, the cost of such improvement

12  between the tracks and the rails of the tracks and in case

13  there be two or more tracks the space between such tracks and

14  eighteen (18) inches on each side thereof, including switches

15  and turnouts, shall be paid by the owner of the railroad and

16  shall be assessed to and form a lien on said railroad and the

17  property connected therewith. In the event storm sewers or

18  other sewers are constructed under the provisions of this act

19  which drain the street or streets or other public

20  thoroughfares and rights-of-way in which a railroad has been

21  constructed, there shall be assessed against such railroad a

22  fair and just proportion of the cost of construction of such

23  sewer, to be determined by the city commission council and

24  such assessment shall be a lien upon the said railroad like

25  other improvements under this act; provided, however, that

26  nothing herein contained shall affect the right or power of

27  the city commission council to require the owner of such

28  railroad to repair or reconstruct its tracks or the pavements

29  between the same and on either side thereof under any

30  franchise granted to such owner or predecessors in title or

31

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  1  under any contract made with such owner or predecessors in

  2  title.

  3         Section 111.  Equalization of assessments; procedure at

  4  hearing; lien.--The owner of any real property assessed for an

  5  improvement or any party having an interest therein, may

  6  appear at the time and the place fixed for the said hearing

  7  and object to the proposed assessment against the property or

  8  to the amount thereof. The city commission council shall hear

  9  and determine all objections and protests to the proposed

10  assessments under such reasonable rules and regulations as it

11  may adopt. It shall have authority by the mayor, clerk or

12  other executive officers to issue subpoenas for witnesses to

13  appear before the commission council or any committee thereof,

14  and to administer oaths to the witnesses to be examined. At

15  such meeting or at any adjourned meeting thereof, the city

16  commission council may alter, change and correct any

17  assessment; provided, however, that no assessment shall be

18  increased without notice to the owner of the property and to

19  all persons interested therein. The city commission council

20  shall by resolution approve and confirm all assessments as

21  finally fixed and adjusted at the said hearing and such

22  assessment shall from the date of such confirmation constitute

23  a lien on the respective lots or parcels of land, or other

24  real property upon which they are levied, superior to all

25  liens, except those for state and county taxes. All persons

26  who fail to object to the proposed assessment in the manner

27  herein provided shall be deemed to have consented to and

28  approved the same.

29         Section 112.  Record of assessments.--A certified copy

30  of the assessment list as finally confirmed shall also be

31  recorded in the office of the clerk of the circuit court of

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  1  Union County, Florida and the liens evidenced thereby shall be

  2  indexed by the said clerk in the same manner as other liens

  3  are indexed by him or her.

  4         Section 113.  Limitation on time for objection to

  5  assessment.--For the period of thirty (30) days after the date

  6  of the confirmation of any special assessment, any person

  7  aggrieved shall have the right to contest the legality thereof

  8  by suit, action, writ or special proceedings, after which

  9  time, no suit, action, writ or special proceedings in any

10  manner questioning the legality of the said special assessment

11  shall lie for any cause whatsoever.

12         Section 114.  Payment of assessments; installment.--All

13  special assessments levied under the provisions of this act

14  shall be payable in full in thirty (30) days after the

15  confirmation thereof; provided however, that the city

16  commission council of the city may by resolution provide for

17  the payment at the election of the property owner, of any

18  assessment in the sum of twenty-five dollars ($25.00) or more

19  in not exceeding ten (10) annual installments, the first of

20  which shall be payable on or before the expiration of thirty

21  (30) days from the date of confirmation. The owner of any

22  property desiring to pay his or her assessment in installments

23  shall on or before thirty (30) days from the confirmation of

24  the assessment file with the city clerk of the City of Lake

25  Butler, or other officers performing the duties of such clerk,

26  a written application to pay said assessment in installments,

27  which application shall state that the applicant and property

28  owner waives all irregularities or defects, jurisdictional or

29  otherwise, in the proceedings for the improvement for which

30  the said assessment is levied, and in the apportionment of the

31  cost thereof. Said application shall also contain an agreement

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  1  that the applicant and property owner will pay the said

  2  assessment in installments at the dates fixed therefor by the

  3  said resolution, with interest at the rate of eight per centum

  4  (8 %) per annum upon all unpaid installments. Said application

  5  shall also contain a statement by lots or parcels or other

  6  description of the property of the applicant assessed for such

  7  improvement. No application as aforesaid shall be received and

  8  filed by the clerk if the amount of such special assessment,

  9  with any previous special assessments against the same

10  property remaining unpaid, shall exceed the valuation of said

11  property as shown by the last assessment roll; provided,

12  however, that such application shall be received if the owner

13  shall upon making such application pay in cash to the city

14  such excess of unpaid assessment over the value shown by the

15  last assessment roll.

16         Section 115.  Applications for payment by installments;

17  recording; lien.--The clerk shall keep all applications in

18  convenient form for examination. The applications received for

19  each improvement shall be separate, and the clerk shall enter

20  in the "Assessment Book for Local Improvements" under the

21  separate heads, the date of filing of each application, the

22  name of the applicant, and the amount of the assessment as

23  shown in the application, and the number of installments in

24  which the same shall be payable. Such "Assessment Book for

25  Local Improvements" shall constitute a docket and shall stand

26  as a lien docket for the assessment in favor of the city

27  against such lot or parcel of land or other property until

28  such assessment and interest and penalties are paid in the

29  manner hereinafter provided. All unpaid assessments, penalties

30  and interest shall be and remain a lien on each lot or parcel

31  of land or other property respectively, in favor of the

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  1  municipality, and such shall have priority over all other

  2  liens and encumbrances whatsoever, except the liens for state

  3  and county taxes.

  4         Section 116.  Interest upon installments.--All

  5  assessments and installments of assessments shall bear

  6  interest at a the rate established by the city commission of

  7  one percent (1 %) per month after the date when the same

  8  respectively become due and payable, and in the event of

  9  default in the payment of any installment of an assessment,

10  all unpaid installments, together with the interest thereon,

11  shall immediately become due and payable.

12         Section 117.  Enforcement of liens.--If any assessment

13  be in default for thirty (30) days, the City of Lake Butler

14  may enforce same by complaint in equity or at law. The

15  complaint shall set forth briefly and succinctly the making of

16  the assessment, the lien thereof, the amount thereof and the

17  description of the property upon which such lien has been

18  acquired, and shall contain a prayer that the owner shall pay

19  the amount of said lien, or in default thereof, that the said

20  property shall be sold to satisfy the same, and in the decree

21  or judgment, as the case may be, an order shall be entered for

22  the sale of the property and the collection of the amount for

23  which said lien is given. Decree or judgment shall also be

24  rendered for a reasonable attorney's fee, together with the

25  costs of the proceedings, which attorney's fee and costs shall

26  also be a lien upon the said land, and shall be collected at

27  the time and in the manner provided for the collection of the

28  amount for which the lien was originally given, but in no

29  event shall the city be liable for the payment of the

30  attorney's fee herein provided for. In the proceedings

31  provided for in this act, the owner or owners of the land and

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  1  persons interested therein, if they can be ascertained, shall

  2  be parties defendant. If the owners or parties interested

  3  cannot be ascertained after diligent inquiry, the proceedings

  4  shall be against the property on which the lien is claimed

  5  without mentioning any party or defendant. In such case,

  6  service shall be had by notice of the commencement of suit for

  7  the enforcement of the said lien, by advertising in a

  8  newspaper published in the City of Lake Butler once a week for

  9  four (4) consecutive weeks. In all proceedings to enforce said

10  liens or any of them, save in cases where the owner or person

11  cannot be ascertained, service shall be made in the same

12  manner as provided by law for service in other cases.

13         Section 118.  Invalid assessments.--If any special

14  assessment made hereunder to defray the whole or part of the

15  expense of any local improvement shall be either in whole or

16  in part annulled, vacated or set aside by the judgment of any

17  court, or if the city commission council shall be satisfied

18  that any such assessment is so irregular or defective that it

19  cannot be enforced and collected or if the city commission

20  council shall have omitted to make such assessment when it

21  might have done so, the city commission council is hereby

22  authorized to take all steps to cause a new assessment for the

23  whole or any part of any improvement or against any property

24  benefited by an improvement following as near as may be the

25  provisions of this act, and in case such second assessment

26  shall be annulled, the city commission council may obtain and

27  make other assessments until a valid assessment shall be made.

28         In case any special assessment shall in any suit where

29  its validity shall be questioned, be adjudged invalid, the

30  city commission council may in its discretion notify the

31  collector to cease the collection of the same if it shall have

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  1  been transmitted to him or her for collection, and may proceed

  2  anew by proceedings either as in case of an original special

  3  assessment for the same purpose or by taking up the previous

  4  proceedings at any point and make and levy a new assessment in

  5  the place and stead of the assessment which shall have been

  6  adjudged invalid, and the clerk of the city, before delivering

  7  such new assessment to the collector for the collection shall

  8  ascertain and note thereon payments which have been made on

  9  such invalid assessment for the same purpose, which notation

10  shall cancel the assessment as to the parcels and lots on

11  which such payments were made to the extent of the payments.

12  Such new assessments shall be collected in the same manner as

13  original special assessments.

14         Section 119.  Irregularities not to affect

15  assessment.--No omission, informality, or irregularity in the

16  proceedings in or preliminary to the making of any special

17  assessment shall affect the validity of the same, where the

18  assessment roll has been confirmed by the city commission

19  council of the city, and the assessment roll and record

20  thereof kept by the city clerk shall be competent and

21  sufficient evidence that the assessment was duly levied and

22  the assessment roll duly made and adopted, and that all other

23  proceedings adequate to the adoption of said assessment roll

24  were duly had, taken and performed as required by this statute

25  [section]. No failure of the city clerk to record the

26  assessment roll or of the said clerk or any other officer to

27  deliver the same to the collectors or to the clerk of the

28  circuit court on or before the time prescribed for such

29  delivery or to do any other act or thing by him required shall

30  in any way invalidate an assessment; and no variance from the

31  direction herein contained as to the form and manner of any of

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  1  the proceedings shall be held material unless it be clearly

  2  shown that the party objecting was materially injured thereby.

  3         Section 120.  Work contracts; notice.--All work upon

  4  the improvements herein authorized shall be done by contract

  5  after published notice inviting bids for the same, such

  6  advertisements to be made in a newspaper published in the

  7  County of Union at least once.

  8         Section 121.  Bonds--Issuance; excluded from

  9  indebtedness limitations.--As soon as all contracts for

10  improvements have been let, the city commission council of the

11  city shall, by resolution, estimate and determine the cost of

12  the improvement to be raised by special assessment against the

13  property benefited and may issue bonds pledging the full faith

14  and credit of the city to an amount not exceeding seventy

15  percent (70 %) of such estimate; such bonds shall be general

16  obligations of the city and if special assessments be not

17  imposed and collected in respect of the improvement in season

18  to pay the principal and interest, the city shall levy and

19  collect on all taxable property in the city a tax sufficient

20  to pay such principal and interest as the same respectively

21  become due and payable. All bonds issued under the provisions

22  of this section shall be excluded from any limitation of

23  indebtedness prescribed by the charter of the city, by special

24  act or by the general laws.

25         Section 122.  Same--Maturity; installments.--All bonds

26  issued shall mature and become payable in nine (9) annual

27  installments which shall be substantially equal in amount and

28  the last of which shall be payable in not more than ten (10)

29  years from their date.

30         Section 123.  Same--Issuance for city's share of

31  improvement debt; when payable; tax.--If more than one-half

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  1  (1/2) of the cost of any improvement is to be borne by special

  2  assessment against the property specially benefited, the city

  3  commission council may after the completion of the improvement

  4  issue the bonds of the city for the share or portion of the

  5  cost to be borne by the city for such part thereof as the city

  6  commission council may determine. All bonds issued under this

  7  section shall become due and payable within twenty (20) years

  8  from their date in annual installments, commencing not more

  9  than two (2) years from their date, and each annual

10  installment shall be at least four percent (4 %) of the total

11  amount of bonds authorized. The faith and credit of the city

12  shall be pledged for the payment of the bonds authorized by

13  this section and in each year during the time any bonds are

14  outstanding the city commission council shall levy and collect

15  a tax on all taxable property in the city sufficient to pay

16  the installments of principal and interest as they

17  respectively become due and payable. All bonds issued under

18  the provisions of this section shall be excluded from any

19  limitation of indebtedness prescribed by this charter or by

20  the general laws.

21         Section 124.  Same--Denominations; form.--All bonds

22  issued as herein authorized for public improvements where the

23  whole or a part of the cost is assessed on abutting property

24  shall be of the denomination of one hundred dollars ($100.00)

25  or some multiple thereof; shall bear interest not exceeding

26  six per centum (6 %) per annum, payable semiannually, and both

27  principal and interest shall be payable at such place or

28  places as the city commission council may determine. The form

29  of such bonds may be fixed by resolution of the commission

30  council and such bonds and the coupons attached shall be

31  signed in the same manner as is provided in this charter for

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  1  other bonds of the city, and shall have the seal of the city

  2  affixed thereto.

  3         Section 125.  Same--Levy and collection of taxes.--It

  4  shall be the duty of the city commission council whenever

  5  bonds are issued for improvements for which special

  6  assessments are authorized thereunder, to impose and collect

  7  annually in excess of all other taxes, such tax as shall be

  8  necessary on all the property subject to taxation in the city

  9  under the Constitution and Laws of Florida, sufficient in

10  amount to pay the interest annually and semiannually and the

11  principal falling due each year. Such tax shall be levied and

12  collected by the same officers, at the same time and in the

13  same manner as the general taxes of the city. Should the city

14  neglect or fail for any reason to impose and collect such tax,

15  any person interested may enforce the imposition and

16  collection thereof, in any court having jurisdiction of the

17  subject matter, and any suit, action or proceeding brought by

18  such person in interest shall be a preferred cause and shall

19  be held and disposed of without delay.

20         Section 126.  Same--Sale; negotiability.--All bonds

21  issued hereunder for improvements where special assessments

22  are made on the abutting property, shall be sold in the same

23  manner as other bonds of the city.

24         All bonds issued by the City of Lake Butler shall have

25  all the quality of negotiable paper under the Law Merchant,

26  and shall not be invalidated for any irregularity, or defect

27  in the proceedings for the issue and sale thereof, and shall

28  be incontestable in the hands of bona fide purchasers or

29  holders thereof for value. For a period of thirty (30) days

30  after the canvass of the votes of any election held under the

31  provisions of this act, any person in interest shall have the

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  1  right to contest the legality thereof, the bond issue provided

  2  for, or tax authorized, for any cause, after which time no one

  3  shall have any cause of action to contest the legality,

  4  formality or regularity of the said election for the

  5  authorization of the bonds for any cause whatsoever.

  6         Section 127.  Authority under general law

  7  reserved.--The City of Lake Butler shall have the benefit of

  8  provisions of F.S. ch. 170, Florida Statutes, or of any

  9  general law of Florida regulating the making by municipalities

10  of local improvements, special assessments and the issuance of

11  bonds therefor, and it may proceed thereunder in addition to

12  and notwithstanding the provisions of this charter.

13

14   ARTICLE XII.  BONDS OR CERTIFICATES NOT GENERAL OBLIGATIONS

15

16         Section 128.  Authorization, validation, issuance, sale

17  for municipal purposes; state law adopted; legal municipal

18  purposes designated.--

19         (a)  The city commission council may cause bonds,

20  revenue bonds or revenue certificates, or both, for any legal

21  municipal purpose to be authorized, validated, issued and sold

22  in accordance with any procedure or method set forth in the

23  general laws of the State of Florida, and subsequent

24  amendments thereto, that provides for or sets forth the

25  procedure or method for such authorization or validation or

26  issuance or sale of such bonds or revenue certificates, and

27  such laws are hereby adopted by reference and made a part of

28  this charter the same as if set forth herein. Provided,

29  however, the commission council may in its discretion use any

30  method or procedure set forth in this charter in respect to

31  any such authorization, validation, issuance or sale.

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  1         (b)  The legal municipal purpose as herein referred to

  2  shall not be limited to, but shall include a partial or

  3  complete sewage system, a partial or complete sewage treatment

  4  plant, a partial or complete water system, a partial or

  5  complete water treatment plant, a partial or complete trash

  6  and garbage incinerator plant, swimming pools, bathhouses,

  7  recreation centers, streets, sidewalks, curbs, gutters, storm

  8  sewer system or systems, any purpose incidental to each of the

  9  foregoing purposes, and for any purpose authorized under the

10  general laws of Florida.

11         Section 129.  Authorized improvements declared public

12  municipal functions; eminent domain.--

13         (a)  All public improvements authorized in this charter

14  are hereby determined and declared to be public municipal

15  functions, and all of the acts authorized to be done and

16  performed in connection therewith are hereby designated and

17  declared to be for a public municipal purpose. In connection

18  with providing funds for the payment of any or all of the cost

19  of construction of any project or public improvement

20  recognized or designated as a municipal purpose. The city may

21  use, appropriate or pledge any revenues of the city available

22  for such purpose, including the power, right and authority to

23  use or pledge the proceeds of utilities service taxes,

24  franchise taxes and cigarette taxes.

25         (b)  In connection with obtaining lands, easement,

26  waterways or other private property or private interests to be

27  used in connection with any public construction or to be used

28  for any public or municipal purpose, the city has the full and

29  complete power of eminent domain, and the determination by the

30  city commission council that such private property is needed

31  for a public municipal purpose shall be sufficient.

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  1         Section 130.  How issued.--The city commission council

  2  of the City of Lake Butler shall have the power to provide by

  3  resolution for the issuance and sale of revenue or excise tax

  4  bonds and certificates or any other bond or certificate not

  5  secured by ad valorem taxation so as to provide money to

  6  finance, acquire, construct, improve, and operate any utility,

  7  facility, enterprise, work, undertaking or project which the

  8  city is authorized by law to acquire, construct, improve and

  9  operate, and to provide that such bonds and certificates and

10  interest thereon shall be payable from the revenues to be

11  derived by the city from the operation of same, or a

12  combination of any or all of such facilities, utilities,

13  enterprises, works, undertakings or projects, or from any

14  other sources or pledged security except ad valorem taxes.

15  Such resolution may be adopted at a regular or special meeting

16  by a majority vote of the city commission council and at the

17  same meeting at which it is introduced, to take effect

18  immediately upon its passage. It is determined and declared as

19  a matter of legislative intent that no election to authorize

20  the issuance of such bonds or certificates shall be necessary.

21  No other proceedings or procedures of any character whatever

22  shall be necessary or required for the issuance of such bonds

23  or certificates by the municipality; but such bonds or

24  certificates may be validated by circuit court decree, if

25  desired, in the same manner as general obligation bonds are

26  validated. The words "revenue bonds" and "revenue

27  certificates" and "excise tax bonds" and "excise tax

28  certificates" are used interchangeably herein, and the

29  provisions applicable to one are applicable to the other.

30         Section 131.  Security for payment of such bonds or

31  certificates.--The revenue or excise tax bonds or certificates

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  1  shall be special obligations of the municipality and shall be

  2  payable from and secured by a lien upon the revenue of the

  3  enterprise or other pledged security, as more fully described

  4  in the resolution adopted, having due regard to the cost of

  5  operation and maintenance of the enterprise, and the amount of

  6  proportion, if any, of the revenue of the enterprise

  7  previously pledged. The city may by resolution pledge for the

  8  security of such bonds or certificates a fixed amount, without

  9  regard to any fixed proportion of the gross revenue of the

10  enterprise.

11         Section 132.  Not general obligations.--No recourse

12  shall be had for the payment of the revenue bonds or excise

13  tax bonds or certificates or any interest thereon, or any part

14  thereof, against funds of the city, realized from ad valorem

15  taxation. Such bonds or certificates and interest thereon,

16  shall not be a debt of the municipality nor a charge lien or

17  encumbrance, legal or equitable, upon the property of the

18  municipality, or upon any income, receipts, excise taxes,

19  franchise fees or revenues of the municipality other than such

20  revenues as shall have been pledged to the payment thereof,

21  and every such bond or certificate shall recite in substance

22  that said bond or certificate, including interest thereon, is

23  payable solely from the revenues pledged to the payment

24  thereof and that the municipality is under no obligation to

25  pay the same, except from said revenues.

26         Section 133.  Pledge for bonds.--The city may issue

27  bonds payable solely out of revenues which may be derived from

28  a particular project or projects; or may issue bonds payable

29  from utility service taxes, cigarette taxes, franchise fees or

30  payments, or any excise or service tax which it may be

31  authorized to impose, or a combination of either, or all of

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  1  such sources of revenue or unpledged revenue from any source;

  2  except that full faith and credit bonds or general obligation

  3  bonds, payable from unlimited ad valorem taxes may not be

  4  issued, unless authorized by freeholders as elsewhere herein

  5  provided.

  6         Section 134.  Additional powers and duties.--The City

  7  of Lake Butler may, in addition to other powers herein

  8  conferred, insert provisions in any resolution authorizing the

  9  issuance of such bonds or certificates, which shall be a part

10  of the contract with the holders of the revenue bonds or

11  certificates in the following respects:

12         (a)  Limitations on the purpose to which the proceeds

13  of sale of any issue of such bonds may be applied;

14         (b)  Limitations on the issuance and on the lien of

15  additional bonds, or obligations to finance the improving of

16  the enterprise which are secured by or payable from the

17  revenue of such enterprise;

18         (c)  Limitations on the right of the municipality or

19  its governing body to restrict and regulate the use of the

20  enterprise;

21         (d)  Pledging all or any part of the revenues of the

22  enterprise to which its right then exists or rights which may

23  thereafter come into existence;

24         (e)  The city may avail itself of any right, power or

25  authority to issue bonds granted to municipalities from time

26  to time by the provisions of Florida Statutes.

27         Section 135.  Construction of article chapter

28  provisions.--This article chapter constitutes full and

29  complete authority for the issuance of bonds herein

30  authorized. No procedures or proceedings, publications,

31  notices, consents, approvals, orders, acts or things by the

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  1  city commission council of the municipality, or any board,

  2  officers, commission, department, agency or instrumentality of

  3  the municipality, other than those required by this article

  4  chapter, shall be required to issue any such bonds or to do

  5  any act or perform any thing under this law, except as may be

  6  prescribed herein. The powers conferred by this article

  7  chapter shall be in addition and supplemental to, and not in

  8  substitution for, the powers conferred by any other law. This

  9  article chapter is remedial in nature and shall be liberally

10  construed.

11         Section 136.  Debt limit.--In arriving at the amount of

12  negotiable bonds outstanding and authorized to be issued

13  within the debt limit authorized under this charter, any bonds

14  and certificates which do not pledge or authorize the city to

15  make any tax levy for the payment of such bonds or

16  certificates or the interest thereon, shall not be considered.

17         Section 137.  General law applicable.--The provisions

18  of F.S. ch. 159, Florida Statutes, not inconsistent with the

19  provisions hereof, are considered as applicable, and shall

20  constitute a supplemental or alternative method.

21

22          ARTICLE XIII.  SUBDIVIDING AND ZONING OF LANDS

23

24         Section 138.  Subdivisions.--All owners of contiguous

25  lots or grounds who shall subdivide same into three (3) or

26  more lots for sale within the limits of the city shall cause

27  to be made an accurate map or plat of such subdivision,

28  describing with certainty all grounds laid out or granted for

29  streets, highways, alleys, parks, parkways, commons or other

30  public uses, and show the nearest section corner, quarter

31  section corner, or established street monument. Lots sold or

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  1  intended for sale shall be numbered by progressive numbers or

  2  described by the squares in which situated, and the precise

  3  length and width shall be given of any street, highway, alley,

  4  park, parkway, common or other public use. Such map or plat

  5  shall be subscribed by the owner and acknowledged before an

  6  officer authorized to take the acknowledgment of deeds,

  7  approved by the city commission council, and recorded in the

  8  office of the clerk of the circuit court of Union County,

  9  immediately after its approval by the commission council. The

10  maps or plats so recorded shall thereupon be a sufficient

11  conveyance to vest in the City of Lake Butler the fee of the

12  parcel of land described for streets, highways, alleys, parks,

13  parkways, commons or other public use to be held in the

14  corporation in trust to and for the uses and purposes in the

15  instrument set forth expressed, designated or intended, and

16  the approval of the city commission council of said maps, or

17  plats shall have the force and effect of a dedication or

18  acceptance of the streets, highways, alleys.

19         Section 139.  Appointment of planning and zoning

20  commission.--The city commission council shall have power to

21  appoint a commission to be known as the city planning and

22  zoning commission, to consist of seven (7) members of which

23  the presiding officer of the city commission council shall be

24  an ex officio member, and all of whom shall serve without pay.

25  The members of such commission, except the presiding officer

26  of the city commission council shall in the first instance be

27  appointed so that one (1) shall serve for one (1) year, two

28  (2) for two (2) years and two (2) for three (3) years, and

29  thereafter such members shall be appointed to serve for three

30  (3) year terms. The said commission shall by report to the

31  city commission council recommend the boundaries of districts

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  1  and appropriate regulations and restrictions to be enforced

  2  therein. After such report, the city commission council shall

  3  afford persons interested an opportunity to be heard at a time

  4  and place to be specified in a notice of hearing to be posted

  5  in two (2) public places in the city for a period of not less

  6  than ten (10) days prior to the date of such hearing.

  7         Section 141.  Adoption of regulations governing

  8  planning and zoning commission.--Authority is hereby expressly

  9  conferred upon the city commission council to do all things

10  necessary to carry out the recommendations that may be made by

11  such city zoning and planning commission, and to adopt such

12  rules and regulations governing the powers and duties of such

13  commission as will carry out the provisions of this act.

14         Section 2.  Sections 16, 39, 40, 41, 42, 43, 44, 45,

15  46, 47, 48, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68,

16  69, 70, 71, 73, 74, 77, 80, 81, 82, 83, 84, 86, 87, 88, 89,

17  90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103,

18  104, and 140 of chapter 63-1499, Laws of Florida, are

19  repealed.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22

23

24

25

26

27

28

29

30

31

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