Source:Charter of the City of Pensacola, 1895

In 1895, a new charter for the City of Pensacola was set forth by the Florida Legislature. This replaced the Provisional Municipality of Pensacola that had been established in 1885. The 1895 charter was enacted by Chapter 4513 of the Laws of Florida 1895. The act was entitled:

AN ACT to Provide for the Creation of the City of Pensacola, Now Known as the Provisional Municipality of Pensacola, and for Government of Said City of Pensacola, and to Provide for its Officers and Their Terms of Office, and to Provide for the Support and Maintenance of Said Government and Improvement of Said City.

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

Introduction

Section 1.

That the inhabitants of the city of Pensacola are hereby created corporate by the name and style of the city of Pensacola, with the power to govern themselves by such ordinances and resolutions for municipal purposes as they may deem proper, not to conflict with this act, nor the constitution and laws of this State, nor the United States; with power to contract and be contracted with; to sue and be sued; to defend and be defended in all courts; to acquire property for municipal purposes by purchase or otherwise; to hold the same and all property and effects now belonging to them, either in their own name or the name of others, to the use of the city, for the purposes and intents for which the same were granted or dedicated; to use, manage, improve, sell, and convey, rent, or lease the said property, and have the like powers over property hereafter acquired; to have a common seal, and change it at pleasure, and act with or without a seal.

Section 2.

In said city there shall be a legislature, an executive and a judicial department. Neither of these departments shall exercise any power properly belonging to either of the others, except as permitted in this act.

Legislative.

Section 3.

The legislative power of said city shall be in a board of twelve aldermen which shall be styled the council.

Section 4.

Aldermen shall be selected by the qualified voters of the city as hereinafter provided, and so selected so that three shall be residents of and qualified voters in each of the four election precincts now established. Two aldermen shall be selected from each precinct by the voters of their respective precincts, and one alderman from each precinct shall be elected by the voters of the city at large.

Section 5.

Members of the Council shall hold their office for four years except that at the first election under this act, the alderman elected from each precinct receiving the smallest vote shall serve for two years, and the two aldermen elected at large who receive the smallest votes shall serve for two years, but after this first election under this act the term of all shall be four years. Aldermen shall be at least twenty-four years of age. They shall hold no other civil salaried office or employment, state or federal. They shall not be directly or indirectly interested in any contract with said city, or in any application therefor, or a candidate or hold any office or employment for pay in any company or corporation which holds or is an applicant for any contract with the city under which money is to be paid by the city. No person while in arrears to the city for money collected shall be a member of the council. Before any member shall take his seat in either board, he shall make an oath or affirmation that he has the qualifications and is free from the disqualifications prescribed herein.

Section 6.

The mayor shall preside at meetings of the board. The board shall elect from its members a mayor pro tem, annually. The mayor shall not vote upon any question in meetings of council except in event of a tie.

Section 7.

The board shall judge the eligibility and the election of its members, adopt rules for its proceedings, and punish its members for disorderly conduct. Two-thirds of the members elect concurring, the board may expel a member for malfeasance or misfeasance in office after trial as hereinafter provided or upon conviction of any infamous crime. Vacancies in the board shall be filled by the council until the next regular election when an alderman shall be elected to fill the unexpired term.

Section 8.

A majority of the aldermen shall form a quorum of the board, but a smaller number may adjourn from day to day. The attendance of members may be enforced by rules or ordinances with appropriate fines. The council shall meet on the first Thursday succeeding each biennial election. It may adjourn this first meeting for not longer than ten days. The board shall hold their meetings in such rooms in the city as may be provided by ordinance, and the place of meeting shall not be changed except by an ordinance, for which two-thirds of the board have voted.

Section 9.

The board shall keep a journal of its proceedings, and immediately after the adjournment of each session the proceedings thereof, including a monthly statement of collections and disbursements, shall be published once in a daily paper printed in the city.

Section 10.

All ordinances shall be published in a newspaper published in the city once a week, for four weeks.

Section 11.

All official papers, proceedings and records of the former officers, and councils and commissioners, and of the present and succeeding officers, councils and boards of the city, under previous charters, and under this act are hereby declared public records, and as such shall be preserved and be entitled to all faith and credit of public records. Official copies thereof may be read in all courts as public records. The courts in this State shall take judicial cognizance of the ordinances of the city, and the printed copy officially published by the city may be read as evidence in any trial in which the same may be competent evidence without proof of the due passage and approval of said ordinances. Until the publication of the ordinances of the city, a certified copy from the comptroller's office of an ordinance may be read with the same effect as if it had been officially published.

Section 12.

Members of the council shall be exempt from serving on juries, and from military duty during their term. For anything said in debate they shall not be elsewhere questioned.

Section 13.

No ordinance shall be passed until it shall have been read in full three times, and free discussion allowed thereon; and no ordinance shall be read more than once on the same day unless by consent of two-thirds of the members present.

Section 14.

No member of the council, during the term for which he was chosen, shall be eligible to any office, by appointment, or by election of said council.

Section 15.

All officers or agents of the city, in any of its departments not herein required to be otherwise elected or appointed, shall be elected or appointed in such manner as may be prescribed by ordinance.

Section 16.

Executive and ministerial officers, unless otherwise provided in this act, shall be removable by the board of aldermen, sitting as a court, under oath or affirmation, upon charges preferred by the mayor or any two members of the board, and, in case of the mayor, upon charges preferred by a majority of the board. No person so tried shall be removed from office without the concurrence of two-thirds of the aldermen; and when a person has been so removed from office, he shall be ineligible thereto during the term for which he has been elected.

Section 17.

The council shall have power to pass ordinances imposing fines not exceeding five hundred dollars for any designated misdemeanor, or imprisonment for not exceeding sixty days, or both.

Section 18.

Th» council shall have power to pass, for the government of the city, any ordinance not in conflict with the constitution of the United States, the constitution of Florida, and statutes thereof.

Executive.

Section 19.

The executive power shall be vested in the mayor and in the board and departments authorized by this act. The mayor shall be elected by the qualified voters of the city on the first Tuesday of June, 1895, and at the regular election every two years thereafter as hereinafter provided.

Section 20.

The mayor shall be the chief executive officer of the city. Any person shall be eligible to the office who is twenty-five years of age, and who has been a citizen and resident of the State three years, and a resident of the city two years next before the election.

Section 21.

No person shall be mayor who is, directly or indirectly, interested in any contract with the city as principal or surety.

Section 22.

If two or more candidates for mayor receive the same number of votes, and this number of votes is greater than the number of votes cast for any other candidate, one of them shall be chosen mayor by a vote of the majority of all the members of the council, in session, immediately after its organization.

Section 23.

When a vacancy shall take place in the office of mayor the mayor pro tempore chosen by the council, by the votes of a majority of the members elected, shall perform the duties of mayor. The mayor pro tempore chosen by the council shall serve until the regular election for mayor.

Section 24.

Should the mayor be temporarily absent, or unable to discharge his duties, his office shall be administered by the mayor pro tem, who shall continue to discharge the duties of the office during the continuance of the disability, or the absence of the mayor. His compensation shall be the same as the mayor, and the sum so paid must be deducted, in whole, from the salary of the mayor.

Section 25.

The mayor shall take office on the first Thursday after the first Tuesday in June, or as soon thereafter as is practicable, his predecessor acting until he qualifies.

Section 26.

It shall be the duty of the mayor:—

First—To be vigilant and active in causing the ordinances of the city and the laws of the State to be executed and enforced.

Second—To communicate to the council, at least once a year, a statement of the finances and general condition of the affairs of the city, and also such information in relation to the same as the council may from time to time require.

Third—To recommend by message, in writing, to the council all such measures connected with the affairs of the city as he shall deem expedient.

Fourth—To fill, with the consent of the board of aldermen, all vacancies in executive and ministerial offices not herein provided for. He shall with the consent of the board appoint the city clerk.

Fifth—He shall act an police judge as hereinafter provided.

Section 27.

He shall exercise a general supervision over all the executive and ministerial officers of the city, and see that their official duties are honestly performed. He may require from them statements in writing concerning the discharge of their duties.

Section 28.

He may, by a written order, giving his reasons therefor, remove from office any head of a department, or other officer or employee appointed by him. A copy of said order shall be sent to the board of aldermen at its next meeting. Unless such order be disapproved by the board of alderman within thirty days, said order shall stand. He may suspend any officer or employee of the city for cause provided he files within twenty-four hours for action of council written charges, and convenes the board within forty-eight hours for the purpose of considering same.

Section 29.

Except a resolution to adjourn, every proposed ordinance or resolution which has passed the council shall be presented to the mayor, and if he approves it, he shall sign it, and then it shall be obligatory; but if he disapproves it, he shall return it with his objections in writing to the board, and said board shall then reconsider the same, and if two-thirds of the members-elect concur in adopting it again, it shall be obligatory; but in such cases the votes in the board shall be taken by yeas and nays, and recorded in the journal. Should the mayor withhold a proposed ordinance or resolution beyond the next regular meeting after its presentation to him, it shall be obligatory as if signed.

Section 30.

The mayor may disapprove of any item or items of any bill making appropriations, and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed by law for the passage of bills over the mayor's veto.

Section 31.

The mayor shall, as often as he may think proper, appoint a competent person to examine, without notice, the affairs and accounts of any city department, trustees, officer or employee, and the money, securities and property belonging to the city in the possession or charge of such department, trustee, officer or employee, and report to him the result of such investigation.

Section 32.

The mayor may convene the council at any time.

Section 33.

The mayor shall have the same power to administer oaths or affirmations that justices of the peace and other judicial officers of the state have.

Section 34.

The mayor shall receive a salary not exceeding twelve hundred dollars a year.

Section 35.

The mayor shall have power to purchase all articles needed by the city in its several departments. If the amount to be expended be over one hundred dollars, the council must approve before the purchase is made. He shall report the purchases made by him at each meeting of council.

Executive Boards.

Section 36.

The following executive boards are hereby established in said city: A board of public works and a board of public safety. The first members of said boards shall be elected by the council on the first Thursday after the first Tuesday in the month of June, 1895, for a term of years as follows: The board of public works shall consist of three members, the mayor ex-officio and two members elected as provided herein, one for two years, and one for four years, at the first election under this act, and their successors for four years. The board of public safety shall consist of five members, the mayor ex-officio, and four members elected as herein provided: two for two years and two for four years, and their successors for four years. Both boards shall serve without pay. The members of said boards shall have the same qualifications as to age as members of the council. No member or officer of the council shall be eligible to membership in said boards except the mayor, who shall be ex-officio, a member of both boards without extra pay and without a vote except in the event of a tie.

Section 37.

Each board shall have the power to prescribe rules, not inconsistent with any statutes or ordinances, regulating its own proceedings, and the conduct of its officers, clerks and employees, the distribution and performance of its business, and preservation of the books, records, papers and property under its control. No extra compensation shall he allowed any person for indexing its records.

Section 38.

All official business of both boards shall be transacted at the offices thereof, and a continuous indexed record or minute shall be kept at such offices respective of such business. Each board shall cause a complete journal of its proceedings to be kept, and shall also cause all its receipts and disbursements to be faithfully entered in books to be kept for that purpose.

Section 39.

Each board shall elect one of its members (not the mayor) chairman, and shall make rules governing the time and place for holding regular and called meetings.

Section 40.

No member of either board shall have any power to act on behalf of same, except pursuant to an order of the board regularly made at a meeting at which a majority of said board shall have been present.

Section 41.

The members of said boards shall have seats in the council, and be entitled to take part in the proceedings and deliberations thereof on all matters under their charge, and no other, subject to such rules as the council shall, from time to time prescribe, but without the right on the part of the members of said board to vote. At least one member of each board may be compelled to attend each meeting of council by order of the respective boards.

Section 42.

The members of said boards shall have the power to administer oaths.

Section 43.

Said boards shall have the right to employ such officers and agents as may be necessary, and subject to such limitations as the council may prescribe, may fix the compensation of such officers and agents. The city clerk may be required to act as clerk for each board with or without compensation, as the council may determine.

Section 44.

Each of said boards may appoint, and at pleasure, remove, a chief of each department under its control. Subordinate officers and employees may be removed or punished by the board on the recommendation of the chief of the department concerned for cause, subject to such regulations as may be prescribed by ordinance or by the board. The cause for the removal of any subordinate as aforesaid must be stated in writing, and bee transmitted to the board, and the board may, in its discretion, retain or dismiss such subordinate. No officer or employee shall be removed for political causes. Interference in elections by any officer or employee of said boards shall be cause for instant removal.

Section 45.

No officer or employee of said boards, except the regular police of the city, shall receive for his own use, directly or indirectly, any fees, perquisites, commissions, percentages, or money paid to him in his official capacity, but all fees, perquisites, commissions, percentages and money paid out, and received by, or for any such officer or person, shall be the property of the city, and shall be paid by or for him to the city treasurer.

Section 46.

Any officer, except policemen, or persons in the employment of said boards, who shall receive any fees, perquisites, or other things of value belonging to the city, shall, before receiving his salary or compensation, make under oath, a detailed statement, and shall report to the chairman of his board, in such form as may be prescribed, the aggregate amount of all such receipts since the last preceding statement; and he shall deposit with the said board all such fees, perquisites, percentages or other things of value, due to said city as aforesaid.

Section 47.

Said boards, or any member thereof, may require the officers employed by said boards to make such statements and returns if they be not made as herein provided, and may examine such officers or persons under oath touching the matter herein provided for.

Section 48.

Whenever there is any dispute as to the powers or duties of said boards, or the officers thereof, the matter may be referred by either of them to the city attorney, who shall examine and determine the question involved, and his decision shall be subject to an appeal to the council.

Section 49.

It shall be the duty of each of said boards, annually, to submit to the mayor a minute report on all things under its control, with an estimate of the amount of money required for its departments for the ensuing fiscal year, stating with as great particularity as possible, each item thereof. Said report shall be transmitted by the mayor to the council for consideration and for appropriate action, with such recommendations as he may think proper.

Section 50.

It shall be the duty of the mayor and the council, in their annual levy of taxes, to set aside such sum as in their judgment, shall be necessary and advisable, and the amount so set aside shall be carried to the credit of the said, executive boards when collected respectively, and shall not be diverted from said boards, or used by the mayor and council for any other purpose; but the same shall remain as a separate fund in the hand of the treasurer of the city. Said boards shall not divert the sum set aside by the mayor and council from the purposes of the department for which it was levied.

Section 51.

Whenever any written contract is made by either board it shall be executed under the seal of the corporation, and be filed in the office of the board, and a copy of said contract shall be transmitted to the comptroller for record.

Section 52.

No member, officer or employee of either board shall be directly or indirectly interested in any contract or work of any kind whatever, done under its direction.

Section 53.

No money shall be paid at any time, to any person claiming under a contract with the board, until such person shall have first filed with the board his statement, under oath, disclosing the names of persons directly or indirectly interested in the contract, or the profits thereof, declaring that no persons other than those named are interested, and that no person forbidden by this act has any interest in the same.

Section 54.

No executive board, officer or employee thereof, shall have power to bind the city by any contract or agreement, or in any other way, to any extent beyond the amount of money already appropriated by ordinance for the purpose of the department under the control of said boards.

Section 55.

Any city official who shall issue any bond, certificate, or warrant for the payment of money upon the city beyond the unexpended balance of any appropriation made for such purpose, or who shall attempt to bind the city by contract, agreement or in any other way, to any extent, beyond the amount of money at the time already appropriated by ordinance for such purpose and remaining at the time unexpended, shall be liable to any person injured thereby.

Section 56.

Whenever it becomes necessary for either of said boards to make an expenditure by a contract, written or oral, of an amount less than one hundred dollars, said contract must be made with the approval of the mayor, unless otherwise provided by ordinance. When the expenditure is to exceed one hundred dollars the contract shall not be made without the approval of the mayor and the council. If supplies and other forms of personal property are to be purchased, they shall be purchased by the mayor, subject to the provisions of this act.

Section 57.

Real estate may be purchased by the mayor with the consent of the council when requested to do so by either of said boards for the use thereof.

Board of Public Works.

Section 58.

The board of public works shall consist of three members. Each member of said board shall serve without pay.

Section 59.

The board of public works shall have exclusive control over the construction, reconstruction, cleaning, repairing, platting, grading, improving, sprinkling, lighting and using of all streets, alleys, avenues, lanes, market-houses, bridges, sewers, drains, ditches, culverts, canals, streams and water courses, sidewalks, curbing and the lighting of public places.

Section 60.

No public way shall be opened, narrowed, closed, leased, conveyed, or constructed, and no sidewalk shall be required to be constructed except by ordinance recommended by the board of public works.

Section 61.

Said board shall have supervision and control over the construction, leasing, repairing, cleaning, lighting and heating of all public buildings, and over all public improvements of the city, and the control of the work of prisoners on a street force.

Section 62.

Whenever any work is to be done by the employees of the board, a careful estimate shall be made of the cost of such work or material, and said estimate in writing shall be at once placed on file with the records of said board.

Section 63.

Whenever said board shall order any work to be done, which, either by order of said board, or according to law, is to be performed by independent contract, said board shall prepare and place on file in the office of said department complete drawings and specifications of said work. Thereupon said board shall cause a notice to be published in a newspaper published in the city, once in each week, for four weeks informing the public of the general nature of the work, of the fact that the drawings and specifications are on file in said office, and of the nature and extent of the bond or security required, and calling for sealed proposals for said work by a day not earlier than ten days after the last of said publications. The board may in its discretion, fix a later day for receiving said sealed proposals; Provided, Such a date shall be mentioned in said notices. Said board shall, if a satisfactory bid be received, let said contract to the lowest bidder.

Section 64.

When, in the opinion of the board, it shall become necessary, in the prosecution of any work, to make alterations or modifications in the specifications or plans of a contract, such alteration or modification shall be made only by order of the board, and such order shall be of no effect until the price to be paid for the same shall be agreed upon in writing, and signed by the contractor, and approved by the board.

Public ways.

Section 65.

Public ways, as used in this act, shall mean all public streets, alleys, sidewalks, roads, lanes, avenues, highways and thoroughfares. Improvements, as applied to public ways, shall mean all work and material used upon them in the construction and reconstruction thereof, and shall be made and done as prescribed herein.

Section 66.

When the improvement is the original construction of any street, road, lane, alley or avenue such improvement shall be made in part at the cost of the owners of lots in each square, two-thirds of the cost to be equally appropriated by the board of public works according to the number of front feet owned by them respectively, except that corner lots (say thirty feet front and extending back as may be prescribed by ordinance), shall pay twenty-five per cent more than others for such improvements; Provided, That in those streets where railroad tracks are laid, or may hereafter be laid, said roads shall be required to pave between their rails and for one foot on each side of the same, in which event only the cost of paving the remainder of street shall be apportioned as provided above.

Section 67.

A lien shall exist for the cost of original improvement of public ways, for the construction and reconstruction of sidewalks, for the apportionment and interest thereon, at the rate of six per cent, per annum, against the respective lots. Payments may be enforced against the property bound therefor by proceedings in court; and no error in the proceedings of the council shall exempt from payment after the work has been done as required by either the ordinance or the contract, but the council or the courts in which suits are pending, shall make all corrections, rules and orders, to do justice to all parties concerned; and in no event, if such improvements be made as is provided for either by ordinance or contract, shall the city be liable for such improvement, without the right to enforce it against the property receiving the benefit thereof; but no ordinance for any original improvement mentioned in this act shall pass the council at the same meeting, and at least thirty days shall elapse between the first reading and the passage of any such ordinance.

Section 68.

The cost of making sidewalks, including curbing, whether by original construction, or reconstruction, shall be apportioned to the front foot, as owned by the parties respectively fronting said improvements, except that each corner lot shall pay the cost of its sidewalk intersections.

Section 69.

The board of public works may, in its discretion, upon a petition of a majority of the property owners on the part of the public way proposed to be improved, grant them permission to improve said public way, under the supervision of, and within such time as may be fixed by the board of public works. No street paving or street improvement (except sidewalks and curbing and repairs of same) shall be enforced under this act sooner than 1897, at the cost of any property holders unless sixty per cent of the resident owners of abutting frontage petition for same.

Section 70.

When improvements in public ways have been made, and the contract therefor completed, the board of public works shall, by one insertion in a newspaper published in the city, and by posting notices along such improved way, give notice of at least ten days of the time and place fixed for the inspection and reception of the work by the board, or its deputy or deputies, and such owners, their agents and representatives may appear, and be heard as to whether such improvements have been made in accordance with the ordinance authorizing the same, and the contract therefor.

Section 71.

In all actions to enforce liens, a copy of ordinance authorizing the improvement of work, a copy of the contract therefor, and a copy of the apportionment, each attested by the comptroller shall be prima facie evidence of the due passage, approval, and publication of the ordinance, and of due approval of the contract. In such actions the court shall provide in its order confirming any report of sale that the defendants, or either of them, or any one claiming through or under them, or either of them, or any creditors of theirs, or either of them, may within two years from the date of such order confirming a report of sale, redeem the land sold by paying to the purchaser the purchase price, with the interest thereon from the day of sale, at ten per cent, per annum and all the taxes and assessments on or against such land, paid by such purchaser with interest thereon at the rate of ten per cent, per annum, from the date of such payments; and in event there be no redemption within the time allowed, the order of confirmation shall be final, and a deed shall be executed to the purchaser or his assignee; Provided, however, That the purchaser of land so sold shall cause notice to be served on the owner that he or they have become the purchaser of said land, if owner is a resident of the city, and if a non-resident then the notice shall be published in a newspaper published in the city and a copy mailed to said non-resident's last known address, and the two years in which redemption may be made shall not begin to run until the serving or publication of said notice.

Section 72.

The board of public works shall make out all apportionment warrants for which liens are given for improvement of public ways, as may be required by ordinance, and within two days thereafter, shall enter the same upon a register kept in alphabetical order for that purpose. When the holder of said warrant shall have obtained payment, he shall notify the board of public works, and it shall be marked upon the register as paid. The lien shall exist from the date of the apportionment warrant; but a lien shall not be valid against a purchaser for valuable consideration without notice, unless said lien shall be so entered and registered within ten days of the apportionment warrant.

Parks and squares.

Section 73.

The public parks and squares in the city shall be managed and controlled by the board of public works.

Section 74.

The board shall have the care, management and custody of all parks and grounds used for park purposes, and all boulevards and park-ways now belonging to or in the control of the city, and all such property as may hereafter be required for park purposes, or public squares of the city. The board shall have the power to acquire and hold property for public parks and public squares by contract for the same; to accept conveyances thereof; to receive gifts, donations, or devises of land, or other property for park purposes; to lay out and improve with walks, drives and roads, tree planting and other proper improvements the park or parks, streets, square or squares, and other property held by the city, or acquired and managed, and to enter into contract for the same; to protect all property and improvements to it belonging or under its management or control from injury and decay; to adopt rules and regulations for the reasonable and proper use, and for preventing injuries to or misuse of all parks, public squares, boulevards, drive-ways, sidewalks and park property generally, and to prevent disorder and improper conduct within the precincts of any park or enclosure, or upon any drives, walk or avenue under control of said board of park commissioners; Provided, That all outlay of money be approved by the city council as herein provided. The police power of the city shall extend over the said property of every kind as the same is or as shall be acquired, and all violations of such park rules or regulations, when enacted into ordinances of the city, and all other misdemeanors or offenses committed within any park property or precinct, shall be punished by the police court of the city on complaint and proceedings had, as provided by law in the case of misdemeanors and violations of city ordinances.

Section 75.

In locating parks and such other property as may be acquired under this act, the board shall have regard to the needs of the different portions of the city and populations thereof, and suitability of ground for park purposes, as well as the cost thereof. In and of all such matters said board shall have discretion, as also in the system of improvement of same.

Section 76.

The board shall not be compelled to accept any gift or offer of land, which, in its judgment, is unsuited for park purposes, or the improvement of which would entail an injudicious outlay. The title to all property acquired for park purposes shall vest in the city, and the same with all the improvements and equipments, shall be held in strict and inviolable trust for public park uses, free from all taxation, impost or assessment, State, county, municipal or otherwise.

Section 77.

The board shall, in like manner, hold, manage, control and improve the public square or areas within the city limits, and may acquire others by gift, contract or purchase, and for such it may prescribe rules and regulations; and all squares or areas shall be deemed and treated as park precincts. The said board shall also have the control and management of the planting and care of shade trees in and along the sidewalks or thoroughfares of the city.

Section 78.

The board shall never to any intent or under any device in one year, anticipate or create a charge upon the income of a future year, and no work done or improvement made in any one year shall be a charge upon the income of a future year.

Section 79.

The board shall keep an accurate record and books of account, and shall, annually, in the month of May, transmit to the mayor a full and detailed report and statement of all its acts and doings for the preceding year, together with a complete and itemized account of all receipts and disbursements of money, and with an itemized statement of the money needed for park purposes during the coming year. The books of account and records of the board shall be at all times open to the inspection of the mayor or comptroller, and be subject to the same examination as the records of other municipal officers, as provided in this act.

Section 80.

All legal services or advice required by this board or any board of the city shall be rendered by the city attorney without additional compensation.

Section 81.

Whenever property shall be needed for appropriate municipal purposes, either within the boundaries of the city or the county, the board of public works may, with the consent of the mayor and the council, order the condemnation of said property, which shall be condemned according to law.

Section 82.

The board of public safety shall consist of five members. The members of said board shall serve without pay. The board shall have exclusive control, under the ordinances of the council, of all matters relating to the fire department and the police department, of the pounds and prisons and market places (but not the market buildings except to preserve order therein) and of all the charitable, reformatory, and penal institutions of the city, including the city hospital, and alms houses, the city work house, and all other buildings and institutions of a similar character belonging to the city, or which may hereafter belong to the city, or under the supervision and control thereof.

Section 83.

The board may make by-laws and rules for the government of the inmates of its institutions, and may inflict proper but humane punishment in the enforcement thereof.

Section 84.

The council may, by ordinance, locate any of its institutions upon land now owned by the city, or to be hereafter provided for that purpose anywhere in the county.

Section 85.

The board may, for good conduct, authorize deductions from the time of persons confined in the work-house or any other penal institutions, or city jail, but not until the judge of the police court has been extended an opportunity to submit his objections, if any, to the exercise of clemency.

Section 86.

A city marshal shall be elected for two years at each biennial election, as provided in this act for mayor.

Section 87.

The board of public safety shall appoint a chief of firemen, and a first and second assistant upon recommendation of the Pensacola Fire Association, as long as said fire department is a volunteer department.

Section 88.

Excepting the marshal and chief and assistants, all persons employed in said departments, and persons who have been employed in said departments during the past five years, every officer or employee paid by the city shall, before appointment or selection, have the following qualifications:

First—He must read and write correctly the English language.

Second—He must pass a satisfactory examination on the ordinances of the city in such parts as relate to the duties of his office.

Third—He must be at least twenty-one years of age.

Fourth—He must be of sound health, and sufficiently strong to be active and able to discharge easily bis duties.

Fifth—He must be a resident and qualified voter of the city.

Section 89.

The board of public safety may provide a manual of instruction for the study of persons who wish to acquire the necessary knowledge of the said ordinances and charter.

Section 90.

The marshal shall have direct charge and control of the police force, subject to the supervision of the mayor under such rules and regulations and orders as said board of public safety may provide. In times of peril from riot, disorder, or the apprehensions thereof, the marshal and police shall be subordinate to the mayor, and shall obey his orders and directions absolutely and without question or hesitation.

Section 91.

The officers and employees of said police department shall possess all the common law and statutory powers of constables, except for the purpose of serving civil processes.

Section 92.

Said board may, in case of need, appoint special police to do special duty at any place within said city, and on such terms as they may deem proper; and these special policemen shall be governed by such rules and regulations as said board may provide; and be given such powers as said board allow; and in case no such rules are provided, they shall have the powers and duties of ordinary policemen.

Section 93.

No officer, or policeman, shall be called on for any contribution or assessment by any superior. No officer or member of said police department shall be allowed to solicit any contribution or funds, or to sell any tickets, or to procure any money by any devices from the public. Any person violating the provisions of this section shall be fined a sum not exceeding one hundred dollars or imprisoned for a period not exceeding two months, or both so fined and imprisoned.

Section 94.

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—.

————————
Assessor.

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.