8,078
edits
Changes
DONE!
No policeman or police officer shall be allowed, without the consent of the board in each case, to receive any money, or gratuity or compensation, in addition to his salary, for any service he may render.
==Comptroller.==
===Section 95.===
There shall be appointed by the mayor, with the approval of the board of aldermen, in the month of June succeeding the election of 1895, for four years, a comptroller, whose successors shall be appointed by the mayor for terms of four years, who shall keep the city books and accounts, showing the fiscal affairs of the city, the collection and disbursement of all revenues and moneys of the city, and act as assessor when required. He shall see, under direction of the finance committee of the council, that proper rules and regulations are prescribed and observed in relation to all accounts, settlements, and reports connected with the fiscal concerns of the city; that no liability is incurred or expenditure made from the treasury without due authority of law; and that appropriations are not over-drawn.
===Section 96.===
He shall make monthly and annual reports to the mayor and through the finance committee to the council of the financial condition of the city, with careful statements and estimates of the receipts and expenditures. The records in his office shall show the financial operations, condition, assets, and claims of the city, the expenditures authorized for public works, and all contracts with the names of the contractors, in which the city is interested, and the bonded and other indebtedness of the city. He shall countersign all warrants drawn on the city treasury, and shall duly record the amount and nature of same. He shall have access to the books and other records of any department of the city government whenever he so desires and he shall see that the accounts of the city are kept in a plain, methodical manner. He shall give bond to the city in the sum of not less than two thousand dollars, approved by the mayor and council. His bond shall be deposited with the mayor. The comptroller shall have a seat in the council, with the right to debate on any question pertaining to his department, but shall have no vote. He shall perform any other duties that may be prescribed by law.
===Section 97.===
He shall have the custody of the city seal, the public records, vouchers and accounts, the original rolls of ordinances of the council, all original contracts not herein required to lie filed elsewhere, and such deeds and certificates as relate to the title of any property of the city, all official, penal, indemnity or security bonds, and such other records, papers and documents of value as are not required to be deposited with any other officer, all of which shall be registered by numbers, dates and contents. He shall attest and certify all copies of such original documents, records and papers in his office as may be required by any officer or person, and charge therefor to individuals for the benefit of the city such fees as may be provided by ordinance. He shall provide copies of any contracts in his office for any public officer who has a right to such copies.
===Section 98.===
The comptroller shall be the custodian of all original ordinances and resolutions as signed by mayor and attested by clerk, and also of the minute books of council as written by clerk, and when necessary, by law, shall cause all due publications. He shall file and preserve in his office all records of the city. The comptroller shall act as tax assessor until the second biennial election under this act (1897) and shall continue to act as tax assessor thereafter until two-thirds of council does order the election at a regular biennial election of an assessor. While acting as assessor he is hereby given all the authority and power of assessor, as set forth in this act. In all matters pertaining to the duties of assessor he shall sign all official papers and be designated as acting assessor.
==Treasurer.==
===Section 99.===
There shall be elected by the qualified voters of the city at the times and places provided for the election of the mayor, a treasurer, whose duty it shall be to receive and keep all money of the city, and pay out the same on the warrants drawn by the mayor and countersigned by the comptroller, except as herein provided. Moneys belonging to the city received by an officer or agent thereof, either from collections, loans, sale of bonds, fees, fines and penalties, or otherwise, shall be deposited in the city treasury regularly once a week, unless otherwise provided by an ordinance; and in case the provisions of this section are not fully complied with, it shall be the treasurer's duty to report any delinquencies to the mayor. He shall give two receipts in all cases, one for the party paying and one for the comptroller, which shall set out the amounts paid, from what it proceeds, and to what account credited. His books shall at all times be open to the inspection of the mayor, the comptroller or any member of the council, and he shall report the balance in the treasury each week to the comptroller. He shall give bond for the faithful performance of his duties, to be approved by the mayor and the council. The treasurer shall be paid such compensation as the council may fix.
==Tax collector.==
===Section 100.===
There shall be elected by the qualified voters of the city, at the times and places provided for the election of mayor, a tax collector, who shall collect all city taxes, and he shall pay the same over to the treasurer once each week. He shall each week deliver to the comptroller a statement showing what persons have the previous week paid their taxes, what amounts have been paid and the numbers of the tax receipts. He shall also make monthly reports of all collections and payments to the mayor, which shall be published with the proceedings of council. He shall give bond for the faithful performance of his duties, to be approved by the mayor and council. He shall keep the books and accounts of his office in such manner as may be prescribed by ordinance, or in the absence of any such requirements, the comptroller under direction of the finance committee shall prescribe the manner of keeping such books and accounts, and said tax collector shall perform any other duties required by law. He shall have power to appoint, with the approval of the board of aldermen; such deputies as may be allowed him by ordinance. The tax collector and his deputies shall be paid an annual salary, to be fixed by the council. For the acts of his deputies he and his sureties shall be responsible on his official bond. No tax collector shall be eligible to any office under this charter unless he has accounted with the city for all collections, and obtained a quietus. He shall settle his accounts with the comptroller and treasurer, under direction of the finance committee, on or before the last day of June in each year for the taxes for which bills have been placed in his hands for collection for the year, and if through his fault, a quietus therefor is not held by said collector on said day, the council shall by resolution, declare vacant the office of said collector, and the vacancy shall be filled by the council by ''viva voce'' vote for the unexpired term. In his settlements he shall be charged with such uncollected bills as he could have collected by distraint of the goods of the delinquents, and he shall be subrogated to the rights of the city on such uncollected bills.
===Section 101.===
The tax collector shall not use or in any manner convert to his own use any money or other thing of value belonging to the city; and if he do, he and his sureties shall be liable for the same with interest, and he shall be guilty of felony, and, upon conviction, shall be confined in the penitentiary not less than one year nor more than five years.
==Assessor.==
===Section 102.===
There shall be elected by the qualified voters of the city at the time and place provided for the election of mayor in 1897, at regular biennial elections, or at any time thereafter when ordered by two-thirds vote of council, but not sooner, an assessor, whose duty it shall be to assess all the property in the city subject to taxation from the books of the county assessor, as herein provided. He shall have power to appoint with the approval of the board of aldermen, such deputies and assistants as may be allowed him by ordinance. The manner in which he shall perform the labors shall be determined by ordinances of the council. He shall give bond, with sureties, to be approved by the council. The assessor or his deputies may administer oaths or affirmations, and certify the same. He shall receive such compensation as the council may fix. Until the tax assessor is elected by two-thirds vote of council, his duties, as herein prescribed, shall be performed by the comptroller.
==City attorney and physician.==
===Section 103.===
There shall be elected by the council, immediately upon the assembling of the new board, a city attorney, whose duty it shall be to give legal advice to the mayor and the council, and all other officers and boards of the city in the discharge of their official duties. If requested he shall give his opinions in writing, and they shall be preserved for reference. It shall be his duty to prosecute and defend all suits for and against the city, and to attend to such other legal business as may be prescribed by the council. His salary and term of office shall be fixed by the council, not to exceed two years.
===Section 104.===
The council shall elect a city physician for the term of two years who shall perform such duties as the council may prescribe, for such compensation as the council may fix.
==The police court.==
===Section 105.===
The judicial power of the city shall be vested in a police court, which shall keep a record of the proceedings, and the officers thereof shall be a judge and a clerk. The clerk shall be appointed by the mayor as provided herein, and shall hold his office for a term of two years. The mayor shall act as judge without extra compensation until such time as the city may determine to create a recorder, as now provided by law, the council taking the place of the board of commissioners in the statutes governing this matter.
===Section 106.===
Said court shall have jurisdiction in all cases of violation of municipal ordinances occurring within the corporate limits of the city, as provided by ordinances of city, and shall impose penalties therefor consistent with the city ordinances and the statutes of the State, with the necessary power to carry into effect the jurisdiction given. If bonds be required of the accused to appear and answer, said court shall have the power to order the bond to be taken in such sum as it may direct. Persons arrested under a charge of crime must be presented to the court for trial within twenty-four hours after arrest, unless Sunday intervenes.
===Section 107.===
In all cases of drunkenness or disorderly conduct, in addition to imposing a fine, said court may hold the offender to bail in a sum not exceeding two hundred dollars to keep the peace, or to be of good behavior for any length of time not exceeding six months, or the court may impose a fine without holding to bail. Should the offender fail to give bond, or fail to pay the fine, he shall be forthwith committed, and shall be kept in custody until bail be given, or until the time fixed by the judgment shall have expired, and the fine be paid or satisfied by labor, as provided by law.
===Section 108.===
In the trial of cases arising under the ordinances of the city, the proceedings and practice of the court shall be such as may be determined by the ordinances of the city. Subject to these limitations, the judge of said court shall have authority and power to adopt rules and regulations for conducting the business of said court, and to enforce the same by process of contempt. He shall have all the powers necessary to try the cases under his jurisdiction. He may administer oaths, and shall be a general conservator of the peace.
==Judge of the police court.==
===Section 109.===
The mayor shall be the judge of the police court until the council deem it expedient, and does create a recorder, as now provided by law.
===Section 110.===
Said judge shall devote the necessary attention to the duties of said court.
===Section 111.===
When from any cause the judge of said court shall tail to attend and hold court, the mayor ''pro tem'' of the city shall act as judge ''pro tem'' for said court, and the judge ''pro tem'' shall have the same rights, powers and duties as the regular judge has, and the judge ''pro tem'' shall not receive from the city any additional compensation for service in said court. In the absence of the mayor and the mayor ''pro tempore'', the chairman of the board of public safety shall act as judge of the police court.
===Section 112.===
The judge of said court shall never hold his court out of the room provided by the council as a city court room unless said room can not be used.
==Clerk.==
===Section 113.===
The clerk of the police court shall have the qualifications, and take the oath, and give bond required of the clerk of the circuit court. Said bond, and the requisite surety thereon shall be approved by the council.
===Section 114.===
The clerk of the court may administer oaths as clerk of the circuit court, and lie shall be subject to the same fines and penalties. For neglect and violation of his duty he may be prosecuted, punished or removed in such manner as herein provided.
===Section 115.===
He shall receive no fees whatever, but he shall be paid such salary, and may appoint such deputies as he may be allowed by ordinance. His deputies shall receive no fees, but shall receive such salary as may be allowed them by law.
===Section 116.===
In case of a vacancy in said clerk's office the mayor shall fill such vacancy with the consent of the council.
===Section 117.===
The clerk of said court may be allowed such stationery as may be necessary for his office, but it shall be obtained through the city buyer, as supplies are obtained, by other municipal officers.
===Section 118.===
The clerk shall attend all meetings of the council, and make record of its proceedings, attest all ordinances and resolutions for record, and also for publication, after the comptroller has affixed the seal of the city, and he shall act as clerk for the mayor.
===Section 119.===
The clerk of the police court shall, for the use of said court, daily enter in a book to be kept for that purpose, a list of all cases, leaving sufficient space on the margin of said book, or following each case, for the judge to note whatever orders may be made therein. Said book shall be known as the judge's docket, and it shall be the duty of the judge to concisely note therein, in ink, all orders and judgments in each case, and to daily sign his name at the foot of the day's docket. No order or judgment of said court shall be modified, set aside, or annulled, except in court, during the regular hours of the court, and by the judge who tried the ease, except as provided in section 85 of this act. No order or judgment shall be modified, set aside or annulled except on motion duly made in open court within three days from the date on which the judgment or order was entered. Said motion must be accompanied by the written reasons therefor, and the grounds for modifying, setting aside or annulling said order or judgment, shall be stated briefly and accurately by the judge of the bench, and recorded by the clerk in the order book of the court.
===Section 120.===
The marshal shall act as officer of the police court, or he may detail a member of the police for such service in his absence.
===Section 121.===
It shall be the duty of the marshal or his detail to be present at the sessions of the court, to maintain order therein, and to perform all other court duties, subject to the directions of the court.
===Section 122.===
If any officer or deputy of said court shall, without legal excuse, fail or neglect, for one week, to perform the duties provided herein, or to keep up any book, docket or record, as required by law, he shall be subject to a fine of twenty-five dollars for each day the offense continues; and any officer or deputy of said court who shall in the conduct of his office do that which is forbidden by law, shall be subject to a like fine for each day's offense, and, if the offense be repeated, or if the delinquency continue two weeks, the offender shall be liable to said fine, and also to imprisonment not exceeding sixty days.
==Appeals.==
===Section 123.===
Appeals may be taken from the decisions of said court to the circuit court, as now provided by statutes.
==Boundaries.==
===Section 124.===
The boundaries of the city shall, until changed as provided by statutes, remain as now established by ordinance.
==Revenue.==
===Section 125.===
All taxes or assessments already levied or imposed under existing laws, and not yet paid, remain payable and collectable according to the existing law, unless the contrary be hereinafter provided.
===Section 126.===
The city shall raise a revenue from ''ad valorem'' taxes and license fees, and to that end the council is hereby authorized and empowered to provide each year, by ordinance, for the assessment of all real and personal estate within the corporate limits thereof subject to taxation for State purposes, and shall levy an ''ad valorem'' tax on same, not exceeding the rate and limits prescribed in the constitution and statutes, accepting the listing of assessment as shown by the tax books of the county assessor of Escambia county, whose duty it shall be to permit the city assessor or acting assessor within thirty days after his books have been approved by the board of county commissioners to copy the same, the clerical work of copying to be done by the city assessor, or acting assessor. All taxes or license fees shall be levied or imposed by ordinance, and the purpose or purposes for which the taxes are levied or imposed shall be specified therein, and the revenue therefrom shall be expended for no other than that for which it was collected. All taxes shall be collected by the tax collector.
===Section 127.===
In the ordinance fixing for any year the tax rate, the council shall sub-divide its levy as follows: A levy for police purposes and fire protection, a levy for streets, a levy for interest and sinking fund, a levy for general purposes and a deficit tax. The council may omit any of the foregoing levies when not demanded by the public interests.
===Section 128.===
In no fiscal year shall the council appropriate or expend or contract for the expenditure of more than ninety-five per cent, of the estimated revenue of the current year, unless more than that shall be actually collected; and if in any year less than ninety-five per cent, of the estimated revenue shall be collected, any deficiency within ninety-five per cent, shall be provided for in the levy of next year, and shall be called the deficit tax. Any unexpended or unappropriated balance in any current year shall be passed to the same funds for the succeeding year.
===Section 129.===
If in any year the council shall fail to pass a levy ordinance, or if the levy ordinance in any year shall be invalid or inoperative, the rates of taxation for the fiscal year shall be the same as it was the year before, item for item. For the purpose of assessment the soil shall be known as "land," and everything attached thereto, or built thereon, shall be known as "improvements," and such "improvements," when owned by the tenant may be assessed in his name apart from the land. Articles other than land and improvements shall he known as "personal property."
===Section 130.===
It shall be the duty of the assessor immediately after the assessment of the county has been received and equalized by the county commissioners, to prepare from the books of the county assessor as herein provided, the assessment of the property subject to taxation in the city and in the month of September, or as soon thereafter as the tax levy for the year is made, to calculate and carry out in separate columns prepared for that purpose in the assessment rolls, setting opposite to the aggregate sum set down as the valuation of real and personal estate the respective sums assessed for each fund specified in such levy as taxes thereon in dollars and cents, rejecting the fractions of one cent if less than one-half, and counting as one cent fractions of one-half and over. He shall also add up the columns of assessment and taxes contained in the assessment rolls, and make therein such recapitulatory tables as may be required by the comptroller; and the said assessor or acting assessor shall make out a fair copy of the assessment roll when thus completed, and shall annex to the original and the copy the following affidavit:
:State of Florida, county of Escambia, personally appeared before me————, assessor of taxes for the city of Pensacola, who being duly sworn, says the above assessment roll contains a true statement and description of all property in the city of Pensacola, subject to taxation, or liable to be assessed therein, and that the valuation thereof are just and correct so far as he has been able to ascertain.
:Sworn to and subscribed before me, this the —— day of ————, A. D. 18—.
The original assessment roll with the copy he shall turn over to the council, at its first meeting after same are completed, and the finance committee of the council shall then examine and compare such original and copy and cause the assessor or acting assessor to attend its meeting from day to day, to correct all mistakes and inaccuracies in description or other character, and after such books shall have been examined and corrected the finance committee shall endorse on them a certificate that they have so examined them and that they are correct, and the assessor or acting assessor shall then issue and annex to one of said books the following warrant:
:City of Pensacola, to —————, tax collector of the city of Pensacola: You are hereby commanded to collect out of the real and personal property, and from each of the persons and corporations named in the annexed roll, the taxes set down in each roll opposite each name, corporation or parcel of land described, and in case the taxes so imposed are not paid by the time prescribed by law, you are to collect the same by levy and sale of goods, chattels, lands and tenements so assessed or of the persons or corporations so taxed; and all sums collected for taxes you are to pay to the city treasurer at such times as may be required by law; and you are further required to make all collections on or before the first day of April; and on or before the first day of June you will make a final report to and settle with the comptroller and the council.
:Given under my hand and seal, this the —— day of ————, in the year A. D. 18—.
:<div style="text-align: right;">————————<br/>Assessor.</div>
The minutes of the council shall contain a record of the above warrant.
===Section 131.===
That the comptroller and treasurer shall cause a proper division of the funds assessed in accordance with the terms of the levy ordinance, at the time such taxes are paid over to the treasurer by the collector; and the treasurer shall credit the sums so received separately to the several funds specified in said ordinance.
===Section 132.===
The assessor or acting assessor shall transmit the original assessment roll to the comptroller, and the copy to which the warrant shall be added to the tax collector by the first day of October or as soon thereafter as possible.
===Section 133.===
If the assessor or acting assessor, when making his assessments, shall discover that any land in the city was Lands omitted omitted in the assessment roll of either or all of the three previous years, or that any land was illegally sold for taxes and was then liable to taxation, he shall in addition to the assessment of such lands for that year, assesses the same separately, for such year or years that it may have been so omitted or was illegally sold for taxes, at the cash value thereof in such years, noting distinctly the year when such omission occurred, and such assessment shall have the same force and effect as it would have had if made in the year that the same was omitted, and taxes shall be levied and collected thereon, in like manner, and together with the taxes for the year in which the assessment is made; but no land shall be assessed for more than three years' arrears of taxes, and all lands shall be subject to be assessed into whomsoever hands they may come.
===Section 134.===
As soon as the assessment roll shall be delivered to the collector, the comptroller shall make a statement to the council showing the amount of taxes charged to the collector to be collected for the current year and the apportionment of same in separate columns to the several funds for which such taxes have been levied, and he shall make, and also publish, monthly reports thereafter, and until the tax books are closed, giving each fund credit with the amount collected thereon, as shown by the reports of the tax collector, and when the books are closed he shall make a report to the council, showing the amounts specifically allowed the collector on account of errors and insolvencies, and the amount of each fund collected and uncollected.
===Section 135.===
All taxes shall be due and payable on or after the first day of January of each and every year, and the collector is hereby vested with power and it shall be his duty to collect by levy and sale of the goods and chattels, lands and tenements assessed, all taxes that remain unpaid on the first day of April. Payment, however, will be received by the collector at any time after the first day of November; and taxes paid in November or the first ten working days in December shall be reduced by a discount of two and one-half per cent; and taxes paid in the remaining days of December by two per cent; and taxes paid in January by one per cent. All taxes uncollected, in whole or in part, on the first day of February against any person (not under the disability of infancy, coverture or of unsound mind) shall bear interest at the rate of three-fourths of one per cent, for each month or fraction of a
month, from said date until paid, or in case of personal property until levy and sale under lien, and in case of lands and improvements until the same has been advertised and sold according to law.
===Section 136.===
When the collector discovers that any land has been assessed more than once the same year, he shall collect only the tax justly due thereon, and shall make return of the balance as a double assessment and shall be credited therefor by the council and comptroller, and he shall notify the different parties to whom the property is assessed. He shall also report to the council the errors, double assessments and insolvencies for which he is to be credited under different heads, giving in every case the names of the parties on whose account the credit is to be allowed.
===Section 137.===
The comptroller shall furnish the collector with a receipt book with stubs, which shall be in such form as the comptroller shall prescribe. The collector shall on the payment to him of any taxes, fill out the receipt as prescribed by the comptroller, entering the amount of such taxes paid on the stub to be retained by him, and deliver the receipt to the tax payer and shall note on his tax roll payment thereof; and if the collector shall willfully return to the comptroller and council as unpaid any tax which has been paid to him, he shall be guilty of a misdemeanor, and upon conviction thereof he shall be punished by imprisonment in the county jail not exceeding twelve months or by a fine not exceeding one thousand dollars.
===Section 138.===
The tax collector shall, unless otherwise provided herein, proceed substantially in the same manner in the collection of taxes and sale of lands and personal property for non-payment of taxes and licenses, as State tax collectors, and for taxes due by any railroad or any telegraph company, he may levy upon and sell any property within the corporate limits of the city belonging to such company, other than railroad track or right-of-way or telegraph line.
===Section 139.===
City warrants, coupons of city bonds or other evidences of the city's indebtedness which have been submitted to city council and approved, shall be receivable for city taxes.
===Section 140.===
No officer or employee of the city shall personally either directly or indirectly purchase or receive in exchange a city warrant, coupon of a city bond or other evidence of the city's indebtedness for a less amount than expressed on the face of such warrant or demand; and any such person so offending shall, for each offense, be deemed guilty of a misdemeanor, and upon conviction thereof be fined in the sum of not more than five hundred dollars.
===Section 141.===
Licenses shall be fixed at not exceeding fifty per cent of State licenses fixed by Legislature, except for purposes of restraint.
===Section 142.===
All licenses shall be paid for in advance, in the lawful money of the United States.
===Section 143.===
No license shall be issued for a longer period than one year, but may be for a shorter period, if allowed by ordinance. No license shall authorize the conducting of business at more than one place at the same time, but the place at which the business is to be done under the license may, with the consent of the mayor, be changed except in case of retail liquor seller, in whose case and changes must be approved by mayor and a majority of council. The agent or agents of non-resident proprietors shall be civilly responsible for carrying on business in like manner as if they were proprietors.
===Section 144.===
The unexpired term of all licenses (except for the sale of liquor) may be transferred by the holder, with the assent of the mayor, on the payment of five per cent, on the original cost of license; ''Provided'', ''however'', That the original license shall be surrendered on, if lost or destroyed, the person to whom it was issued shall make affidavit that said original license had been lost or destroyed and cannot be produced. The affidavit shall be filed with the comptroller. The transfer of a license to sell liquor shall be approved by the mayor and majority of the members of the council, at a meeting of board.
===Section 145.===
Every license shall specify by name the person, firm, or corporation to whom or to which it shall be issued, and shall designate the particular place at which the business shall be carried on.
===Section 146.===
The fact that any person, firm or corporation representing himself or itself as engaged in any business, calling, profession, or occupation for the transaction of which a license is required, or that such person exhibited a sign or advertisement indicating such business, calling, profession or occupation, shall be conclusive evidence of the liability of such person to pay for a license.
===Section 147.===
Every person, firm or corporation having a license shall exhibit the same while in force whenever requested to do so by an officer of the police department, and it shall be displayed at all times in a public manner.
===Section 148.===
Every peddler, while engaged in peddling shall carry his or her license, and exhibit the same whenever requested to do so by any police officer.
===Section 149.===
The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction. All licenses shall be due and payable October 1st in each year.
===Section 150.===
All licenses (except those for the sale of spirituous malt or vinous liquors) shall be issued by the comptroller upon presentation of the treasurer's receipt for the amount of same as fixed by ordinance, to which licenses his signature and the seal of the city shall be affixed and the same shall be approved by the mayor. All liquor licenses shall be issued by comptroller upon presentation of treasurer's receipt stating location of business only after same has been approved by the council in open session. The comptroller shall make monthly report to the council of all licenses issued during the month, giving the name in which issued, the business for which same was obtained, location of same, and the amount paid for same, and the treasurer shall include in his monthly and annual reports to the council and the amount received for licenses. There shall be collected by the comptroller a fee of twenty-five cents for each license issued, which shall be covered into the treasury for the credit of the general fund.
===Section 151.===
The mayor and council of the City of Pensacola in their corporate capacity are hereby authorized to issue from time to time bonds of said city of such denomination, and bearing such rate of interest, becoming due in such time and upon such conditions as may be determined, to an amount not exceeding $500,000; ''Provided'', That none of said bonds shall be issued except for following purposes: Refunding bonded debt, funding the floating debt of the city, erection of market house, improving public streets, sewerage, establishment of a city hospital, construction or purchase of water works when deemed advisable, and when approved by the qualified voters as herein provided; ''Provided further'', That before the issue of said bonds shall be made the issuance of the bonds proposed to be issued at any time shall be provided for by ordinance, expressing in exact terms the purposes for which said issue of bonds are to be used, and subsequently approved by two-thirds majority of the vote cast by the qualified electors of said city who are qualified to vote, as shown by the books of the supervisor of registration, at an election held for that purpose, at a time, and in a manner to be prescribed by the city ordinance. The question of the issuance of said bonds, or any part thereof, may be submitted from time to time. For the payment of such bonds and interest thereon, the entire taxable property in said city shall be pledged. The mayor and city council shall levy annually such special tax as may be necessary to pay the interest on said bonds, and provide a sinking fund for the payment of said bonds.
===Section 152.===
The first election under this act shall be held on the first Tuesday in June, 1895, and subsequent elections on the same day every two years. The election shall be held under the general law governing State elections existing at the last State election, and city ordinances with such exceptions as are herein provided. Every elector, and only such as were qualified at the last State election, shall be qualified to vote in this election, provided that in this, the first election under this act, such electors as were qualified at the last State election, but have since then been disqualified by reason of the amendment of section 1 of article VI of the constitution, shall be allowed to vote upon presentation of their certificates of naturalization.
===Section 153.===
Electors may vote for any or all candidates, provided that not more than one person is voted for for each office on one ballot, which shall be deposited in a single box at each precinct. The form of ballot used shall conform with the requirements of existing State laws as provided herein.
===Section 154.===
All subsequent elections held under this act shall be held under such regulations as the city council may provide by ordinance not inconsistent with the statutes.
===Section 155.===
John Holland, William H. Knowles, Joseph Brown, Rudolph Pfeiffer and John Sheppard are hereby constituted a board of election commissioners to establish election booths, and to make all necessary arrangements for, and hold and declare the result of the election to be held on the first Tuesday in June, 1895. It shall be the duty of said board of election commissioners to appoint three inspectors and one clerk for each polling place, and the present city government shall pay all proper expenses. Should any member or members of said board of election commissioners fail to serve for any reason, the remaining members are authorized to fill any or all vacancies, and no member of said commission shall serve if a candidate at the election held by said commission.
==General provisions.==
The members of the council and all other officers of the city before entering upon the duties of their respective offices, shall take such oath or affirmation as may be prescribed by this act, or by ordinances; and in addition each shall make an oath or affirmation that he has the qualifications prescribed by this act, and is not subject to any of the disabilities which render him ineligible to hold the office to which he has been elected. No person shall be eligible to any office who is not at the time of his election a qualified voter of the city, and who has not resided therein two years preceding his election.
The wharves shall be under control of the council consistent with existing law and vested rights, and there shall be elected by the board first elected under this act at the first meeting in the month of June, one thousand eight hundred and ninety-five, or as soon thereafter as is possible, and every four years thereafter, one harbor commissioner. Said commissioner shall perform such duties as the preservation of deep water in the harbor may require, and shall in all matters protect the city's interest, and require the proper discharge of ballast, ashes, refuse, sinking of timber, binders or other lumber or timber or other refuse in the harbor either in or outside of the city limits, as may be provided by ordinance, and shall from date of his election perform all duties now performed by, and shall be vested with all the authority now conferred on the public custodian of lost timber and lumber, receiving for his services such fees as are now allowed by law to said custodian, whose duties from the passage of this act, and his election, shall be performed by said harbor commissioner. At the same time and for the same term of office, (four years), as provided above for the harbor commissioner, a harbor master shall be appointed by the mayor and confirmed by the council, who shall perform all the duties now performed by harbor master as set forth in section 956 of the published edition of the Revised Statutes, and from the date of his appointment shall possess all powers and have charge of all duties and be subject to all restrictions and secure as compensation such fees as are now provided by law for harbor masters.
If any tax collector, treasurer or comptroller, or other officer or assistant, or deputy of such officer, of said city, shall make or knowingly permit others to make a false entry in his books, or shall allow or disallow any item or items, or shall knowingly fail to make any proper entry in his books, with intent to cheat or defraud said city, or any person or corporation, or shall embezzle or knowingly misapply, or withhold any money or property of any kind belonging to said city, or coming into his hands officially, such officer, assistant or deputy, shall upon conviction thereof, be confined in the penitentiary of this State not less than two nor more than ten years.
All officers who have qualified shall hold their offices until their successors are elected and qualified.
Any person who shall aid, assist, or abet, any male or female to escape from the jail, work-house or any other penal institution, or shall harbor or conceal such persons, knowing them to have escaped shall, upon conviction, be fined not less than one hundred dollars, or be confined in the county jail not less than thirty days, or both at the discretion of the jury.
All ordinances of the city, and all statutes now in force, and not in conflict with this act, shall continue in force until repealed or amended as now provided by law. There shall be a biennial publication of the ordinances of the city; and no ordinance shall be operative unless included and published in each biennial compilation, or unless passed subsequent to the last biennial publication. Immediately after his first election under this act, the city attorney shall codify the ordinances of the city, and add thereto such provisions as may be necessary to carry out this act. The code so prepared shall be promptly transmitted to the mayor and council.
Actions against the city for damages for injuries to person or property shall be begun within six months after the cause of action accrued.
The city shall, in every instance, deduct and withhold from the amount of its obligations to any person owing, or liable to the amount of his taxes, and surrender to such person the cancelled tax bills therefor, which, to the amount thereof, with the interest and penalty thereon, if any shall be a discharge of its obligation to such person.
The fiscal year of the city shall begin on the first day of October of each year, and end on the 30th day of September following.
The council shall by ordinance provide suitable penalties for the punishment of persons who knowingly use defective or imperfect weights or measures, and may provide for an inspector of weights and measures. He shall have exclusive power to inspect weights and measures in the city, and he shall be paid a salary by the city. No fees shall be charged or received for such service.
Except as herein otherwise provided, the council may, by ordinance, prescribe the duties, define the term of office, and fix the compensation and bond and time of election of all officers and agents of the city.
Any officer of said city or member of the council, who shall receive any money or other thing of value, directly or indirectly, for his vote or influence, or in favor of any measure upon which he may act officially, shall be deemed guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary not less than two nor more than twenty years.
The city may acquire, manage and control water works by construction or purchase, by a vote of two-thirds of the council, provided same is approved by a majority of two-thirds of the qualified voters of the city at the election held for purpose of passing upon said question.
All elective officers shall take office at the same time as the mayor, unless otherwise specially provided herein.
All acts or parts of acts in conflict with this act are hereby repealed.
This act shall take effect immediately upon its passage and approval by the Governor.
''Approved [[May 27]], [[1895]].''
[[Category:City of Pensacola charter documents]]