Appendix B. ORIGINAL CITY CHARTER AND AMENDMENTS ADOPTED BY THE LEGISLATURE

CHAPTER 22408 (1943)—(No. 774)
SENATE BILL NO. 395

AN ACT to Abolish the Present Municipality of the City of New Smyrna Beach, in Volusia County, Florida, and to Create, Establish and Organize a Municipality to Be Known and Designated as the City of New Smyrna Beach, in Volusia County, Florida; to Define Its Territorial Boundaries, and to Provide for Its Government, Jurisdiction, Powers, Franchises and Privileges; and to Designate the First Members of the City Commission to Serve Until the Next General Municipal Election.

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

Section 1. The Legislature of the State of Florida does hereby find and declare that an emergency and a critical and serious condition exists in the City of New Smyrna Beach which require immediate legislative action to protect the welfare of said City and its Citizens and their property.

Section 2. Abolishment of present municipality. That the present existing Municipality of the City of New Smyrna Beach, in Volusia County, State of Florida, be, and the same is hereby abolished.

Section 3. Title to property reserved to new municipality. That the title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action, held and owned by the Municipality of New Smyrna Beach, Florida, hereby abolished, shall pass to, and be vested in the municipal corporation hereby created, organized and established under this Act to succeed the Municipality hereby abolished.

Section 4. Obligations of former corporation unimpaired. That no obligation nor contract of the said municipality, hereby abolished, of any nature whatsoever including bonds heretofore issued, shall be impaired or avoided by this Act, but such debts and obligation shall pass to and be binding upon the new Municipality which is hereby created, organized and established.

Section 5. Officers hold until officers provided for herein qualify. That all officers heretofore elected or appointed and holding office under the said municipality, hereby abolished, shall continue to hold their respective offices and to discharge the respective duties thereof until the officers provided for and appointed in and by this Act are duly qualified under the provisions of this Act for the new municipality which is hereby created, organized and established.

Section 6. Establishment of new municipality and boundaries thereof. That a municipality to be known and designated as the "City of New Smyrna Beach," is hereby created, established, organized and constituted in the County of Volusia and State of Florida, the territorial boundaries of which shall be as follows:

Beginning at an old stake situated ninety-seven (97) feet East of the center of the bridge over the South or Gabbardy's Canal at its junction with the Indian River North, and the Southeast corner of the Pedro de Cala Grant, supposed to be located within a few feet of the Northeast corner of said bridge, and on the North shore of said Canal, in Township 17 South, Range 34 East; thence run South seventy (70) degrees thirty-five (35) minutes West to the Northeast corner of Lot Four (4) in Section 30, Township 17 South, Range 34 East; thence South along the East boundary of Lots 4 and 5, Section 30, Township 17 South, Range 34 East to its intersection with the North line of the G. Alverez Grant; thence West along the North line of the G. Alverez Grant to the Northwest corner of the said G. Alverez Grant; thence South along the West line of the said G. Alverez Grant to its intersection with the South line of Lot 2 of Section 31 of Township 17 South, Range 34 East; thence West along the South line of Lots 2 and 1 of Section 31 of Township 17 South, Range 34 East, to its intersection with the East line of the Ambrose Hull Grant; thence Northwesterly along the East boundary of the Ambrose Hull Grant to its intersection with the South line of the former incorporated limits of the former Town of Mission City as established by Chapter 11621, Laws of Florida, Acts of 1925; thence Easterly along the South line of the former corporate limits of the said former Town of Mission City to the Southeast corner of the former corporate limits of the said former Town of Mission City; thence North twenty-eight (28) degrees thirty (30) minutes West one thousand twenty-six and six-tenths (1,026.6) feet; thence North twenty-one (21) degrees West three thousand three hundred thirty-eight and six-tenths (3,338.6) feet to the North property line of the Florida East Coast Railroad right-of-way on the A. and W. Branch of the Florida East Coast Railroad (now abandoned) [Balance of this legal description has been omitted in the interests of space. See Chapter 2, Section 6 of the current City Charter of the City of New Smyrna Beach for the existing City boundaries.]

All of the above described property lying in and being in the County of Volusia, State of Florida.

Section 7. Powers of the city. That the City of New Smyrna Beach hereby created and established shall have perpetual succession; may sue and be sued; plead and be impleaded; and shall have the power, by and through its City Commission herein created: To purchase, lease, acquire by eminent domain, receive and hold property, real and personal, within or without the limits of territorial boundaries of said municipality; and to sell, alienate, convey, lease or otherwise dispose of the same for the benefit and advantage of said municipality; and may purchase, acquire by eminent domain, lease, receive and hold property, real and personal, within or without the limits or territorial boundaries of said municipality; to be used for the burial of the dead; for the erection, construction and maintenance of waterworks and lighting plants; for the establishment of hospitals, poor houses, and houses of detention and correction; for the establishment of docks, wharves, bullheads, breakwaters and boat basins, public parks, play grounds, golf grounds, fair grounds, airports, seaplane bases, and for such other public purposes as the City Commission may by ordinance or otherwise deem necessary and proper, and may sell, lease or otherwise dispose of said property for the benefit of said municipality to the same extent that natural persons might or could do; to pass and enforce ordinances for the preservation of the property of said municipality and to preserve order on the same, either within or without its limits; to borrow money for current expenses, provided any amount so borrowed shall not exceed an amount equal to twenty-five per cent of the revenue derived from taxation during any fiscal year; to prescribe fire limits and regulate the construction and repairs of buildings within said fire limits; to regulate and control the erection and construction of buildings and structures of every. kind and nature whatsoever, and to set apart districts, zones, sections or subdivisions of the municipality in which certain classes, divisions, or sorts of buildings and structures, and those alone, may be constructed and erected; to provide for the issuance of building permits and the inspection of all buildings and structures and the equipment therein, and to fix the fee for such permits and such inspection; to regulate, perform and furnish all public services and to own and acquire by purchase, or by eminent domain, public utilities, public docks, wharves and boat basins; to acquire, establish, own and operate, as a public utility, waterworks and to provide the municipality and inhabitants thereof with water; to acquire, own, establish. maintain and operate, as a public utility, gas works, and to furnish the municipality and the inhabitants thereof with commercial gas; to acquire, own, establish, operate and maintain as a public utility, electric plants, and to furnish the municipality and the inhabitants with electricity; to acquire, own, establish, maintain and operate a public library and reading room free for the use of the inhabitants and the tourists of said municipality; to issue and sell bonds upon the public utilities owned and operated by the municipality, and to pledge said property and income therefrom, or either of them, for the payment thereof; to grant to corporations or private individuals franchises and privileges in said municipality; to pass ordinances for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as a common earner in transporting persons or property, or performing other services of a public nature, and to provide for the enforcement of such ordinances by adequate penalties and forfeitures; to issue and sell bonds for any of the purposes herein enumerated, and to finance the abutting property owners' share of the cost of public improvements and apply the proceeds of special assessments to the payment of said bonds, as hereinafter provided; the issuance of bonds for such latter purpose, however, not in any way to impair the validity of such special assessments, and may issue bonds for such other municipal purposes as may be from time to time prescribed by ordinance, or as may be other wise provided by this Act, to construct public improvements and assess all or any portion of the costs thereof against the property abutting such improvements and all such assessments for public improvements shall constitute a lien against the property assessed until such assessment is paid, and assessment of taxes for the general purposes of the municipality shall likewise constitute a lien upon the property assessed until such assessment is paid; to impose a license tax upon professions, businesses and occupations carried on, either wholly or in part, within the municipality; and said municipality may determine the amount of such license tax independently of the amount imposed by the State of Florida; to regulate shipping and the use of docks and boat landings in said municipality; when not in conflict with the laws of the State of Florida, to prohibit the manufacture, sale, transportation and possession of intoxicating, spirituous, vinous, and malt liquors within the municipality; to abate nuisances therein; to preserve and enforce peace upon private, as well as public property within the limits of said municipality; to adopt and enforce local police, sanitary and other regulations not in conflict with the Laws of the State of Florida; to provide for the enforcement of the ordinances and regulations of said municipality by the imposing of fines and penalties, or both, for the violation thereof; to assess, levy and collect taxes within the limitations of this Act upon all property, privileges and professions within the corporate limits of said municipality, including those not taxable for State purposes; unless exempt from taxation under the State Constitution, and taxes upon all real and personal property of railroads, telegraph and telephone companies shall be assessed, levied and collected in the same manner and by the same method as other taxes on personal and real property within the corporate limits of the municipality, and that, without reference to any assessment or levy of taxes for State and County; to tax, regulate and license in such sums and in such manner as the City Commission may deem proper, any and all exhibitions and shows, and to prohibit the same; to require the construction and repair of sidewalks by abutting property owners, and if said property owners fail to construct or repair said sidewalks, to construct and repair the same and assess the entire costs thereof against the abutting property; said assessments to be and remain liens against the land assessed until paid; said liens shall draw interest at the rate of eight per cent per annum, and said liens shall not be barred by any statute of limitation now existing or hereafter enacted that does not in terms refer to assessment liens of the City of New Smyrna Beach, Florida; to open, extend, straighten, improve, repair, rebuild, hard-surface, pave, close, vacate, and abandon streets, alleys and highways; to condemn and order to be demolished and removed, or to be put in a state of sound repair, any and all dilapidated, unsanitary and unsafe buildings or structures, and to provide and enforce penalties for failure so to do; to require all lands, lots and other premises within the said City to be kept clean, sanitary and free from weeds, or to make them so at the expense of the owner, assessing the costs thereof against said property, the City to have and hold a lien thereon therefor, until discharge by payment, for any and all expenses incurred in so cleaning property and lots and making the same sanitary and free from weeds; to regulate, restrain or prevent the carrying on of manufactories dangerous in creating or producing fires or so obnoxious or offensive in nature as to constitute a nuisance; to establish, maintain and regulate markets; to provide for the regulation and inspection of meats, vegetables, groceries, provisions and beverages of every kind and description.

The enumeration of the particular powers herein shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein or implied hereby, the City shall have and may exercise all other powers which under the Constitution and Laws of Florida it would be competent for this paragraph specifically to enumerate. All the powers hereby conferred upon said City shall be exercised in the manner hereinafter prescribed or in the manner prescribed by the Laws of the State of Florida applicable thereto.

Section 8. Commission-manager plan of government. That the form of government of the City of New Smyrna Beach provided for under this Act shall be known as the "Commissioner-Manager Plan," and the City Commission shall consist of five citizens, who shall be elected in the manner hereinafter provided. The City Commission shall constitute the Governing Body and the power hereinafter provided to pass ordinances, adopt regulations, and appoint a Chief Administrative Officer to be known as the "City Manager" and to exercise all other powers hereinafter provided.

Section 9. Creation of commission. Term of office. The elective officers of the said City shall be five (5) Commissioners, who shall be elected for the term of two years; one Commissioner shall be elected by the qualified voters of each zone. No vote shall be counted for a Commissioner of a zone, except that it be cast by duly qualified electors residing within the zone and provided further that each Commissioner elected shall be a resident and a qualified elector of the zone from which he is elected at least six months prior to date of election. At the organization meeting of the City Commission annually they shall elect by a majority vote of the Commissioners, from their number one member who shall be known as the Mayor-Commissioner and who shall serve as Mayor-Commissioner. The Mayor-Commissioner shall serve for one year.

Section 10. Limitations, powers, and duties of commission. That all powers of the City, except such as are vested in the jurisdiction of the Municipal Court and except as are otherwise provided in this Act, or by the Constitution of the State, are hereby vested in the City Commission; and, except as otherwise provided by this Act, or by the Constitution of the State, the City Commission may, by ordinance or resolution, provide the manner in which any power of the City shall be exercised. It shall be the duty of the City Commission at a regular or special meeting to approve all bills against the City by the affirmative vote of a majority of its members present before vouchers in payment of same are drawn.

Section 11. Qualifications of members. Members of the City Commission shall be residents of the City and have the qualifications of electors therein and shall be freeholders therein. It shall not disqualify any person to hold office under this Act by reason of the fact that such person also holds a County or State office. Officers and employees of the City shall not be interested in the profits or emoluments of any contract, work or service for the Municipality, and any such contract in which any officer or employee is, or may become interested, shall be void.

Section 12. Canvass by candidates for commission. Candidates for the office of City Commission may make personal canvass among the voters to secure his nomination or election or the nomination and election of any other candidate in the same election. He may cause notice of his candidacy to be published in the newspapers and may procure the circulation of a petition for his nomination; he may personally circulate such petition or by writing or in any other way solicit anyone to support him or vote for him. He shall not promise any money, office, employment or any other thing of value to secure nomination or election. Violation of these provisions or any of them, shah disqualify him from holding the office if elected and the person receiving the next highest number of votes who has observed the foregoing conditions, shall be entitled to the office.

Section 13. Judge of its own election. The City Commission shall be the judge of the election and qualification of its own members, subject to review by the courts. Any member of the City Commission who shall be convicted of a felony, while in office, shall thereby forfeit his office.

Section 14. Acceptance of passes and special privileges prohibited. No City Commissioner or other officer or employee of the City shall accept any frank, free ticket, pass or service, directly or indirectly from any person, firm or corporation, upon terms more favorable than are granted to the public generally, provided that such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges, when same is authorized by ordinance, and provided further that nothing in this section shall be so construed as to prohibit the use of passes or free service that has been or may be granted to any City Commissioner by reason of his employment other than as a City Commissioner.

Section 15. Forfeiture of office. Any member of the City Commission created by this Act who shall cease to possess any of the qualifications required under the preceding sections shall forthwith forfeit his office.

Section 16. Filling vacancies in commission. When there is a vacancy in the City Commission, the same shall be filled by appointment by the City Commission, if less than sixty days ensue before the next general or special election; if more than sixty days before such election, then an election shall be called to fill such vacancy.

Section 17. Mayor. The City Commission shall organize annually and elect one of its members as Mayor of the City. In case the members of the City Commission are unable to agree within five days after the time fixed herein for the organization meeting, upon the selection of the Mayor, then such officer shall be chosen by lot, conducted by the City Clerk in the presence of at least a majority of the members of the City Commission who shall certify the result of such lot upon the minutes of the City Commission.

The Mayor elected shall serve for a term of one year from the date of his election, and at the time of the organization meeting each year thereafter, the City Commission shall elect one of its members as Mayor in like manner and to serve for a like period.

Section 18. Functions and powers of mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his office as may be imposed by it; and shall have a voice and vote in the proceedings of the City Commission, but no veto power. He may use the title of Mayor in any case in which legal instruments of writing or other necessity arising from the general laws of the State so requires; but this shall not be considered as conferring upon him the administrative or judicial functions of a mayor under the general laws of the State. He shall be recognized as the official head of the City by the Courts for the purpose of serving civil processes; by the Government in the exercise of military law, and for all ceremonial purposes. He may take command of the police and govern the City by proclamation, under the direction of the City Commission during times of grave public danger or emergency, and the City Commission shall be the judge of what constitutes such public danger or emergency. The powers and duties of the Mayor shall be such as are conferred upon him by the City Commission in pursuance of the provisions of this Act, and no others. In the absence of the Mayor, the other members of the Commission shall select one of their number to perform his duties. In case of their inability to select one of their number, then such selection shall be made as provided for in the preceding Section.

Section 19. Meetings. At eight o'clock P.M. on the first Monday in April of each year the City Commission shall meet for its annual organization meeting at the usual place for holding the meetings of the legislative body of the City, at which time any newly elected City Commissioners shall assume the duties of their offices. Thereafter the City Commission shall meet at such times as may be prescribed by ordinances or resolution, except that it shall meet regularly not less than twice each month.

Section 20. Special meetings; how called. The Mayor, or a majority of the members of the City Commission, or the City Manager, may call special meetings of the City Commission upon at least twelve hours written notice to each member, served personally, or left at his usual place of residence with some member of his family over the age of fifteen.

Meetings to be public. All meetings of the City Commission and of the committees thereof shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. The City Commission shall determine its own rules and order of business and shall keep a journal of its proceedings.

Section 21. Penalty for absence. Absence from four consecutive regular meetings of the City Commission shall operate to vacate the seat of a member unless a leave of absence is first granted by the City Commission or unless such absence is excused by the City Commission, by resolution setting forth the fact of such excuse, duly entered upon its minutes.

Section 22. Quorum and legisaltive procedure. A majority of all members elected to the City Commission shall constitute a quorum, but a lesser number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members present shall be necessary to adopt any ordinance or resolution and the passage of all ordinances and resolutions shall be taken by "Yeas" and "Nays" and entered upon the minutes.

Section 23. Ordinances and resolutions: title, enacting clause, reading. Every proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances shall be: "Be it enacted by the people of the City of New Smyrna Beach, Florida." No ordinance shall be passed until it shall have been read at two regular meetings, not less than one week apart, or until the requirement of such reading has been waived by a majority vote of the members of the City Commission present.

All ordinances and resolutions passed by the City Commission shall become effective thirty days from the date thereof, unless otherwise provided therein.

Section 24. Record and publication of ordinances and resolutions; amending ordinances; special assessment ordinances. Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be authenticated by the signatures of the presiding officer and the clerk of the City Commission. Every ordinance of a general or permanent nature shall be published once within ten days after its final passage; when an existing ordinance is amended, then the preamble and the section or sections amended, only shall be published. Resolutions and ordinances providing for public improvements, to pay the cost of which special assessments are to be made, need not be published, but within ten days after their passage a notice shall be published as hereinbefore provided, the same being in addition to the notice required to be served on property holders.

Section 25. Notices of public improvements. As to a resolution declaring the necessity for a public improvement, a notice shall be published, headed: "Notice of Public Improvement," stating when the resolution was adopted by the City Commission, and setting forth the nature and extent of the contemplated public improvement, including any change of street grade that is to be made, what part of the cost thereof should be assessed against the property to be especially benefitted thereby, and what water, gas or other street connection is to be made. No resolution declaring it necessary to proceed with any public improvement shall be adopted until complete plans, specifications, profiles and estimates have been submitted to the City Commission and been approved by it; and the same, or a copy thereof, shall thereafter remain on file in the office of the City Manager subject to inspection by the public.

Section 26. Ordinances determining to proceed with public improvements. As to an ordinance determining to proceed with the improvement, a notice shall be published headed: "Notice of Determination to Proceed with Public Improvement," stating when the City Commission adopted the Ordinance, describing the character and extent of the improvement in general terms, and setting forth within what time assessments on property especially benefitted may be paid in cash and for what period and at what interest bonds will be issued for that portion of the assessment not so paid.

Section 27. Mode of publication of ordinances. All of the above mentioned publications, as well as all other newspaper publications made by the City shall be printed in a newspaper of general circulation in the Municipality, in the body type of the paper and under headlines in eighteen point type, specifying the nature of the publication.

CITY MANAGER

Section 28. Appointment and qualifications of the city manager. The City Commission shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the City Commission, and he shall hold office at the pleasure of the City Commission. He shall be chosen solely on the basis of his executive and administrative qualifications, without regard to his political beliefs, and he need not be a resident of the City or County at the time of his appointment.

Section 29. Compensation of the city manager. The City Manager shall receive such compensation as the City Commission may by resolution fix.

Section 30. Removal. The City Manager shall be removable by the City Commission; but if removed at any time after having served six months, he may demand written charges and a public hearing upon the same before the City Commission, and his final removal shall not take effect until such hearing has been had, but the City Commission may suspend him from office pending such hearing.

Section 31. Powers and duties. The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City, and to that end his powers are, and they shall be:

(a)

To see that the laws and ordinances are enforced.

(b)

Except as herein otherwise provided, to appoint and remove all subordinate officers and employees of the City, such appointments and removals, however, must first be approved by the City Commission.

(c)

To exercise, control and direct supervision over all departments and divisions of the municipal government under this Charter, or which may hereafter be created by the City Commission.

(d)

To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the City Attorney, whose duty it is hereby made to take such legal steps as may be necessary to enforce same.

(e)

To attend all meetings of the City Commission, and of its committees, with right to take part in the discussions, but without having a vote.

(f)

To recommend to the City Commission for adoption such measures as he may deem necessary or expedient in the interests of the City.

(g)

To keep the City Commission fully advised as to the financial condition and needs of the City and to submit for its consideration an annual budget.

(h)

To perform such other duties as may be prescribed under this Act or as may be required of him by ordinance or resolution of the City Commission.

(i)

He shall be purchasing agent of the City, by whom all purchases of supplies shall be made. In the capacity of purchasing agent he shall also conduct all sales of personal property which the City Commission may authorize to be sold as having become unnecessary or unfit for the City's use. All purchases and sales shall conform to such regulations as the City Commission may from time to time prescribe; but in any case, if an amount in excess of $200.00 be involved, opportunity for competition shall be given.

(j)

He shall be director of public works, manager of the City water works, and conduct all business with relation thereto, as well as all other publicly owned utilities of the City.

ADMINISTRATIVE OFFICERS AND DEPARTMENTS OF CITY

Section 32. Distribution of powers. The executive and administrative powers of the City, not herein otherwise provided for, shall be vested in and exercised by the following officers and departments:

A City Attorney, a Municipal Judge and three departments as follows: Department of Public Safety, Public Works and Welfare, Department of Records and Taxation and Finance; and Depository.

CITY ATTORNEY

Section 33. Appointment and duties of. The City Commission shall appoint a City. Attorney, upon such terms as may be agreed upon at the time of his appointment, who shall act as the legal advisor to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties. He shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof; and no contract with the municipality shall take effect until his approval is so endorsed thereon. He shall be the prosecutor in the Municipal Court, and when required to do so by resolution of the City Commission, he shall prosecute and defend for and in behalf of the City all complaints, suits and controversies in which the City is a party. He shall furnish the City Commission, the City Manager, the head of any department, or any officer or board not included in any department, his opinion on any question of law relating to their respective powers and duties. The City Commission may authorize the City Attorney to employ an Assistant City Attorney, or Attorneys, whenever it is deemed necessary or expedient to employ such additional counsel, such Assistant Attorney, or Attorneys, to be selected by the City Attorney, and his or their compensation to be fixed and determined by the City Commission.

Section 34. Other duties. In addition to the duties specifically imposed under the preceding section he shall perform such other professional duties as may be required of him by ordinance or resolution of the City Commission or as prescribed for City Attorneys under the general laws of the State of Florida and which are not inconsistent with this Act and with any ordnance or resolution which may be prepared by the City Commission.

Section 35. Qualifications. The City Attorney must be a practicing attorney in the City of New Smyrna Beach and shall be a lawyer of at least five year's experience, admitted to and having authority to practice in all courts of the State of Florida and shall have maintained a law office within the City of New Smyrna Beach for at least five years immediately prior to his appointment, provided, this shall not apply to any attorney who is now or may hereafter be in the armed forces of the United States of America who immediately prior to joining said armed forces was qualified as aforesaid; and further provided that the time any attorney may serve in the armed forces shall not be considered as breaking the continuity of the time said attorney shall have maintained a law office within the City of New Smyrna Beach.

MUNICIPAL COURT AND JUDGE

Section 36. Municipal court, term of office, etc. There shall be and there is hereby established in the City of New Smyrna Beach a Municipal Court, to be known as the "Municipal Court of the City of New Smyrna Beach, Florida," for the trial of all offenders against the municipal ordinances. That J. T. Brooke be, and he is hereby named Municipal Judge to preside over said Municipal Court and to serve until the first day of May, 1944, and whose compensation shall be Seventy-five Dollars ($75.00) per month. Thereafter such Court shall be presided over by a Municipal Judge who shall be appointed by the City Commission, and his term of office shall be for one year. In case of absence of, disability or disqualification of the Municipal Judge, the County Judge or a Justice of the Peace may perform the functions of the Municipal Judge. In case of death or resignation, the office shall be filled by the City Commission. Sessions of the Municipal Court may be held daily except Sundays and holidays.

Section 37. Powers of judge. The Municipal Judge shall have power by his warrants to have brought before him any person or persons charged with the violation of City Ordinances, and shall have exclusive original jurisdiction over all proceedings of a criminal nature for the violation of any ordinances of the City. In the proper exercise of the functions of the Municipal Court within its jurisdiction as herein defined, the Municipal Judge shall have power and is authorized to have issued and cause to be served any and all writs and processes such as are issued and used by Justices of the Peace in the State of Florida, and the police of the City of New Smyrna Beach are authorized and it is made their duty to execute and serve any and all such writs and processes issued out of the said Municipal Court by the Municipal Judge and to make proper return upon the same to such court in the manner as is required of constables and sheriffs in the execution of similar papers. The Municipal Judge shall have power and authority to take bail for the appearance of an accused person, to require the attendance of witnesses for the City and for the accused person, to administer oaths, take affidavits, and to inquire into the truth or falsity of all charges preferred, to decide on the guilt or innocence of the accused, and to fix and to impose such penalties by sentence as are prescribed and provided for under the Ordinances of the City, and to have all powers incidental and usual to the due enforcement of such City Ordinances.

Section 38. Failure to pay fines and costs. All persons convicted in the Municipal Court shall forthwith pay all fines and costs assessed against them and in default of payment thereof may be committed to prison.

Section 39. Clerk of municipal court. Either the City Clerk, or his duly appointed Deputy Clerk shall be Clerk of the Municipal Court and one of the above officers shall attend all sessions of same. The docket in which shall be entered the title of all cases tried in such Court, the nature of offenses charged, the names of all witnesses sworn and by whom called, the finding and judgment of the Court, and the fines and costs incurred and by whom, whether the judgment is satisfied and, if so, how satisfied, and the date of appeal, if granted, shall be kept by the City Clerk or his duly appointed Deputy Clerk of said Court. Upon the conviction or acquittal of any defendant, the complaint, warrant or other process and all papers in the case shall be filed with the City Clerk, and the copies thereof and of the entries upon the docket aforementioned, under the seal of the City, shall be prima facie evidence thereof and of the facts therein stated, and shall have the same force and effect in all Courts as the original if produced and proved as such.

Section 40. Duty of clerk in cases appealed. In all cases that are appealed the City Clerk shall return and file the papers with the Clerk of the Appellate Court, within three days, and shall endorse on the warrant in every case the names of the witnesses on behalf of the City.

Section 41. Confinement of persons arrested. All persons arrested for the violation of any ordinance or breach of the peace committed within the City limits, or upon the property of the City outside of its limits, and within the jurisdiction of the Municipal Court as defined under this Act, shall be immediately confined in the City jail or house of detention and remain there until a hearing has been had before the Municipal Court unless such person or persons shall give proper security, in which event they may be released.

Section 42. Bonds for appearance. The Chief of Police and the officers in charge of the jail or house of detention shall have authority to take from persons so arrested, a bond or other security for appearance before the Municipal Court, but no such bond or security shall be for less than $5.00 nor more than $500.00.

Section 43. Forfeiture of bonds. In all cases where accused persons have been released upon bonds or other security and they fail to appear, the Municipal Court shall declare such bond or security estreated, and such action shall be recorded upon the docket, and in such cases the Municipal Judge may, in his discretion, issue a capias for the re-arrest of the accused person.

Section 44. Disposition of monies collected as fines. The Municipal Court shall have authority to preserve order and decorum and shall be invested with the same powers to that end by fine and imprisonment, as are possessed and authorized to be exercised by Criminal Courts of Record within the State. All fines, penalties and fees collected in the Municipal Court and by the police of the City shall be a part of the revenues of the City and shall be paid to the City Clerk on the day on which collected, and receipt taken therefor. The money so paid into the City depository may by ordinance of the City Commission be appropriated to any particular fund and shall thereafter be used in accordance with such ordinance.

Section 45. Report of arrests. It shall be the duty of the Chief of Police, or the police officer acting as his deputy or representative in attendance upon the Municipal Court, to report to the City Clerk at the hour fixed for the convening of such Court each day, all arrests and committals that have been made since the last session of the Court, the names of the accused and the offenses with which charged, the names of the witnesses in the respective cases, and the bonds or other securities of those who may have been released, if any there be.

Section 46. Labor required of prisoners. All persons imprisoned after conviction in the Municipal Court shall be required to work for the City at such labor as their health and strength will permit, within or without the limits of the City, not exceeding eight hours each day and for not exceeding sixty consecutive days for one offense.

Section 47. Remission of fines and penalties. No fine or other penalty imposed by the Municipal Court shall be remitted except by action of the City Commission upon the recommendation of the Municipal Judge; provided, however, that this shall not be construed as precluding the Municipal Judge from suspending sentences imposed by such Court.

DEPARTMENT OF PUBLIC SAFETY, PUBLIC WORKS AND WELFARE

Section 48. Duties and responsibilities of city manager. The City Manager as the administrative officer of the City shall be the head of each department provided for under this Act, and shall be responsible for its successful and business-like operation. He shall be the active head of the Department of Public Safety, Public Works and Welfare, which department shall have cognizance of all matters making for the welfare of the community, such as the control of its charitable and correctional institutions and the .management and supervision of all public improvements, works and undertakings of the City, except as otherwise specifically provided for under this Act.

Section 49. Public health-city health officer-powers and duties of department. When authorized by Ordinance of the City Commission, the City Manager may appoint a City Health Officer or designate one of the members of the police force to act as such, whose duty it shall be to enforce the rules and regulations of the State Board of Health and the Ordinances of the City relative to the preservation and promotion of the public health, and to recommend such action from time to time as he may deem necessary, including the inspection of dairies, slaughter houses, etc., as provided in Section 7 of this Act, for the prevention, abatement and suppression of nuisances and for the preservation of the life and health of the inhabitants of the City. The City Health Officer will also perform such duties with regard to the sanitary inspection of the City and supervision of the production, transportation, storage and sale of food and foodstuffs as is necessary and proper, and will perform such other duties as may from time to time be required of him by the City Manager, under the Ordinances or resolutions of the City Commission. The City Clerk shall keep a complete and accurate system of vital statistics.

Section 50. Police force. The police force of the City of New Smyrna Beach shall consist of a Chief of Police and as many subordinate officers, policemen and employees as the City Commission shall by Ordinance determine. The Chief of Police shall have exclusive control of the stationing and transfer of all patrolmen and other officers and employees constituting the police force, subject to the approval of the City Manager and under such rules and regulations as the City Commission may prescribe, or as may be prescribed by the Ordinances of the City.

Section 51. Appointment of extra patrolmen. In case of riot or other grave emergency and during other similar occasions, the City Manager may appoint additional patrolmen and officers for temporary service. No person shall act as a special policeman, special detective, or other special police officer for any purpose whatsoever, except on written authority of the City Manager. Such authority shall be exercised only under the direction and control of the Chief of Police for a specified time. This Section does not apply to elections.

Section 52. Chief of police; duties of. The Chief of Police shall attend all meetings of the City Commission and aid in the enforcement of order under the direction of the presiding officer. He shall execute the commands of the City Commission and all processes issued by authority thereof, which shall be issued to him by the Mayor. He shall attend in person or by deputy the Municipal Court during its sittings; execute the commands and processes of said Court, aid in the enforcement of order therein and perform such other duties appropriate to his office as may be imposed upon him by law, the Ordinances of the City, and by direction of the City Manager, consistent with this Act. He shall have the right to suspend any officer or employee of the police force because of incompetency, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority; or for any other just or reasonable cause, and he shall immediately report the fact of such suspension to the City Manager for final action.

Section 53. Fire force; duties. The fire force of the City shall consist of a Chief, who shall be fire warden, and as many subordinate officers, firemen and employees as the City Commission shall, by Ordinance, determine. The Fire Chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employees of the fire force subject to such rules and regulations as may be prescribed by the City Manager or by Ordinance of the City; he shall have exclusive management and control of such officers and employees as may be employed in the administration of the affairs of his force. In case of riot, conflagration or like emergency, the City Manager or, in his absence, the Fire Chief, may appoint additional firemen for temporary service. The Fire Chief shall have the right to suspend any officer or employee of the fire force because of incompetency, neglect of duty, drunkenness, failure to obey orders given by proper authority or for any other just and reasonable cause, and he shall immediately report the fact of such suspension to the City Manager for final action.

Section 54. Public welfare and improvements; city manager's powers. The City Manager shall manage and control all charitable and correctional institutions and agencies of the City, enforce all laws, ordinances and regulations relative to the preservation and promotion of public health, shall manage or inspect water, lighting, heating, power and transportation enterprises of the City; shall manage and control the use, construction, improvement, repair and maintenance of all recreation facilities of the City, including parks, playgrounds and public gymnasiums, bath houses and social centers; he shall manage and supervise all public improvements, works and undertakings of the City, except as otherwise provided in this Act; he shall have charge of the constructions, improvements, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts, aqueducts, public highways, sewers, drains, ditches, culverts, streams, water courses, and all public buildings; he shall manage and control market houses, crematories, sewerage disposal plants and farms, and he shall enforce all the obligations of privately owned or operated public utilities which are enforceable by the City; he shall have charge of the making and preservation of all surveys, maps, plans, drawings and estimates for such public work; the cleaning, sprinkling and lighting of streets and public places; the collection and disposal of wastes; the preservation of tools and appliances belonging to the City and pertaining to the functions of its several departments and shall perform all the duties of Director of Public Works.

DEPARTMENT OF RECORDS AND
TAXATION - CITY CLERK

Section 55. City clerk; appointment and duties of. There shall be a City Clerk, who shall be appointed by and serve during the pleasure of the City Commission and who, under the supervision of the City Manager, shall be Director of the Department of Records and Taxation. He shall issue all warrants for the payment of money by the city; shall keep an accurate account of all taxes and assessments, of all moneys due to, and of all receipts and disbursements by the municipality; of all of its assets and liabilities and of all appropriations made by the City Commission. He shall submit to the City Commission at its first meeting in each month a complete and comprehensive report covering the next preceding month of the receipts and expenditures and of the financial condition of the city, which report shall be published within fifteen days thereafter, in a local newspaper. He shall make and keep a list of the outstanding City bonds, to whom issued, for what purpose, when and where payable and the rate of interest they respectively bear and he shall recommend such action from time to time to the City Commission, through the City Manager, as will insure the punctual payment of principal and interest of such bonds. He shall furnish the City Manager at any time such reports, data and information as may be necessary to fully inform the latter as to the financial affairs of the City, furnishing him such estimates of the expense of the City government as may be necessary to form the basis of the annual budget and to determine the revenue to be raised each year.

Section 56. Preparation of estimates—countersigns contracts. The City Clerk shall make or cause to be made, estimates of the expense of any work to be done by the City, shall countersign all contracts made in behalf of the City, and certificates of the work authorized by the City Commission or any other City official. No contract made in behalf of the City or to which the City is a party shall be valid unless countersigned by the City Clerk; he shall keep regular books of account, in which shall be entered all indebtedness of the City and which shall at all times show the financial condition of the City, the amount of bonds, orders, certificates or other evidences of indebtedness outstanding and the amount of all bonds, orders, certificates or other evidences of indebtedness of the City and keep accurate account thereof, which accounts shall show for what purpose issued, to whom, and the amount thereof; he shall keep account with all disbursing officers and employees of the City, showing the amounts they have received from different sources of revenue, and the amounts they have disbursed, as authorized under the ordinances of the City. He shall keep a list of all certificates issued for work or for any other purpose, and, before the levy of the City Commission of any special tax upon property in the City or any part thereof, he shall furnish to the City Manager for the information of the City. Commission, a schedule of all lots or parcels of land which may be subject to the proposed tax or assessment and which it may be necessary to levy on, which said schedule shall be certified by his affidavit and shall be prima facie evidence of the facts stated therein, in all cases wherein the validity of such tax or assessment shall come in question. Acting upon such schedule the City Commission may, if they deem such special tax or assessment legal and just, cause the same to be levied.

Section 57. Certificates of funds upon expenditures of money. That no contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the City, unless the City Clerk first certifies to the City Commission or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the depository to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the City is discharged from the contract, agreement or obligation. All moneys actually in the depository to the credit of the fund from which they are to be drawn and all moneys applicable to payment of obligations or appropriations involved, that are anticipated to come into the depository before the maturity of such contract, agreement or obligation, from taxes or assessments, or from sales or services, products or by-products, or from any City undertaking, fees, charges, accounts, and bills receivable, or other claims in the process of collection, and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the depository prior to the maturity thereof, arising from the sale or lease of lands or other property and the money to be derived from lawfully authorized bonds sold and in the process of delivery, shall for the purpose of such certificate be deemed in the depository to the credit of the appropriate fund and subject to such certification.

Section 58. Audit and certification of claims. All claims and demands against the City, they are allowed by the City Commission shall be examined and adjusted and their correctness certified by the City Clerk. He shall keep a record of his accounts and doings and a record of all contracts to which the City is a part, which an index thereto, and such books shall be open to the inspection of all parties interested.

Section 59. System of accounts and form. The City Clerk shall prescribe and require, except as there may be prescribed and required by law, the use of plain and uniform systems of keeping books of accounts of all city departments, officers or employees who are charged with the receipt or disbursement of any of the funds of the City, or who may be authorized to purchase materials and supplies or to employ labor for the City; he shall prescribe the forms of vouchers or other evidence of the receipt of money from the City or for the establishment of demands against the City; he shall require a daily report from each department, office, officer or employee of the City receiving and disbursing funds of the City, showing all sums received and disbursed, from what source and for what purpose.

Section 60. Audit of accounts. At the end of each fiscal year, and oftener if so required by the City Commission, he shall audit the accounts of the several departments, officers and employees and shall audit all other accounts in which the municipality is interested. He shall at all times have access to and may inspect and take copies of all books on which entries are made or are required to be made, relating to the receipt or expenditure of money on account of the City, and of all vouchers, accounts, bills, warrants, drafts, contracts or other papers relating thereto. Provided, however, that the City Commission shall not less than once, each year employ some competent certified public accountant to make a complete audit of all accounts in which the City is interested, the cost of such audit to be paid for out of the general funds of the City, and a copy thereof shall be posted at the City Hall by the City Clerk as soon as same is completed and filed with him by said accountant.

Section 61. City clerk may administer oaths, examine claims. The City Clerk shall have power to administer oaths for the purpose of ascertaining the facts relating to any charge or claims against the City made or claimed by any person, partnership, association or corporation whatsoever; he shall inquire into and inform himself as to the legality of all claims to be paid out of the City depository or the reasonableness of the prices charged or claimed for materials, supplies or labor and the facts as to the delivery or rendition thereof to or for the use of the City, and for this purpose he shall have power to require evidence that the amount of any claim is justly and in conformity to law and ordinances of the City and for that purpose he may summon before him any officer, agent or employee of any department of the municipality, or any other person and examine him upon oath or affirmation relative thereto.

Section 62. Financial records and reports. The accounting procedure established in the office of the City Clerk shall be adequate to provide a record in detail of all transactions affecting the acquisition, custodianship and disposition of values, including cash receipts and disbursements and such facts shall be so presented in the reports which he is required to render periodically, and shall be supported with such summaries and analytical schedules as may be necessary to show in detail the full account of such transaction for each fiscal year, upon the finances of the City and relation to each department of the City government, including distinct summaries and schedules for each public utility owned and operated.

Section 63. Close and audit of accounts of officials. Upon the death, resignation, removal or expiration of the term of any officer, the City Clerk shall audit his accounts and if such officer shall be found to be indebted to the municipality the City Clerk shall at once give notice thereof through the City Manager to the City Commission and to the City Attorney, and the latter shall forthwith proceed to collect the sum of such indebtedness.

Section 64. Duties in connection with city commission and municipal court. The City Clerk, in his capacity as Clerk of the City, shall attend all meetings of the City Commission and shall keep a journal of its proceedings, the correctness of which proceedings as entered in such journal shall be certified to after each meeting by his signature and by the signature of the presiding officer of the City Commission. He shall be the custodian of the seal of the City and of all records and papers of a general character pertaining to the affairs of the municipality.

Section 65. Assessor and collector of taxes, licenses, fines, etc. The City Clerk shall be ex-officio Assessor and Collector of Taxes for the City. He shall receive and collect all moneys belonging to the City, including taxes, license money, fines and incomes from all other sources and he shall collect all special assessments as provided for under this Act and keep accurate account thereof, depositing same in the City Depository.

Section 66. Other duties of city clerk. In addition to the duties specifically imposed under this Act, the City Clerk shall perform such other duties as may be required of him by Ordinance or resolution of the City Commission, as well as such as may be required of the City Auditors, City Clerks, City Tax Collectors and City Tax Assessors by the general laws of the State, applicable to municipalities and not inconsistent with this Act or with any Ordinance or resolution passed by the City Commission.

CITY DEPOSITORY

Section 67. Depository. Within fifteen days after the beginning of each fiscal year the City Commission shall designate some reputable National, State or Savings Bank, or Banks, located in Volusia County, Florida, as a depository for all funds of whatsoever nature belonging to the City.

The bank or banks designated as City Depository shall give surety bond or other security satisfactory to the City Commission, guaranteeing the safety of the City's funds and the faithful performance of its duties.

It shall be the duty of the City Commission before designating a depository, to carefully consider the reputation, financial condition, facilities for service and rate of interest offered by banks.

Officers of the bank or banks designated as City Depository shall not be considered City officers.

Section 68. Interest upon investments or deposits. All money due as interest upon investments or deposits shall be collected by the City Clerk, and placed to the credit of the general fund of the City.

Section 69. Payments; how made. The City Depository shall pay out money only on the warrants or voucher form of check of the City Clerk, countersigned by the City Manager, or in his absence by the Mayor, exempt bonds and interest bearing coupons, which, when due, may be paid upon presentation, or in case the same are payable in some other place other than the City of New Smyrna Beach, then the money for their redemption shall be sent to the place of payment. No disbursements of any kind shall be made except as herein provided.

Section 70. Accounts of the city depository. The accounts of the City Depository shall be examined at the end of each month by the City Clerk, to whom the City Depository shall turn over all warrants, checks, interest coupons, bonds or other evidence of the indebtedness of the City which may have been redeemed by it during the month, taking the receipt of the City Clerk therefor, and all such warrants, cheeks, interest coupons, bonds or other evidence of the indebtedness of the City so turned over shall be cancelled by the Depository and have written or stamped thereon the date of their payment or redemption.

Section 71. Monthly report. At the first meeting of the City Commission in each month the City Depository shall submit a detailed report of receipts and disbursements, which report shall be rendered through the City Clerk and bear the certificate of the latter as to its correctness.

Section 72. Warrants; how paid. All warrants shall be paid in the order in which they are presented, out of the moneys in the respective funds on which they are drawn. The City Depository shall note on the back of each warrant presented to it the date of presentation, in case there is not sufficient amount of money in the Depository to the credit of the fund upon which such warrant may have been drawn to pay all warrants drawn upon such fund and presented previous to the warrant in question, and it shall keep a record book to be known and designated as the "Record of Unpaid Warrants," in which it shall enter the number, date, amount, payee, fund on which drawn and the date of presentation of all warrants submitted to it for payment and for which there are no funds, and shall thereafter pay such warrants according to the date of their presentation.

Section 73. Account of funds. The City Depository shall keep an account of the funds or the appropriations of said City and of the several zones thereof and of the debits and credits pertaining thereto, as provided by ordinance or resolution. The City Depository shall prepare receipts in duplicate for all monies paid into the City Depository, delivering the original receipt to the person paying the same and retaining the duplicate to be turned over to the City Clerk at the time of his monthly settlement with that officer.

Section 74. Money received on account of special assessments. All money received on account of any special assessment shall be held by the City Depository as a special fund from which payment shall be made only on account of the improvement for which such assessment was made and such money shall be used for no other purpose whatsoever.

SINKING FUND

Section 75. Trustees. The members of the City Commission shall constitute the Trustees of the Sinking Fund and as soon as such City Commission has been duly organized under the provisions of this Act, shall succeed to all the duties, powers and responsibilities of the Board of Public Works Provided for under Section 13, Article IV, Chapter 5358, Laws of Florida.

Section 76. Duties of trustees. The City Commission as Trustee of the Sinking Fund, shall be the trustees of such bonds as may be issued from time to time for legally authorized municipal purposes and shall manage and control the sinking funds created for the liquidation of such bonds subject to the provisions of the general laws of the State and the ordinances of the City with relation to the management of such fund. They shall also be trustees for all funds in the sinking fund derived from the levy of taxes for the payment of bonds of the City already issued or that may be hereafter issued.

The City Commission as Trustees of the Sinking Fund, shall have the authority and they are hereby empowered to invest any interest, principal and sinking funds of the City of New Smyrna Beach in the direct obligations of the United States of America; in obligations of Agencies of the United States Government which are fully guaranteed as to the payment of both principal and interest by the United States of America, and in obligations heretofore or hereafter issued by the City of New Smyrna Beach, Florida, or the former City of New Smyrna, Florida; provided, however, that in the event of investment in the City's own obligations, no such obligation may be purchased at more than the par value thereof.

Any member of the City Commission, as such trustee, voting to divert in any way such funds to any purpose other than the payment of such bonds for the liquidation of which such taxes were levied, and except as herein provided for the investment of funds, shall be disqualified to continue in office as a member of said City Commission and his office shall be declared vacant and shall be filled as elsewhere provided in this Act.

ADVISORY BOARDS

Section 77. How constituted. The City Commission may at any time appoint an Advisory Board, or Advisory Boards, who shall be composed of citizens who are qualified to act in an advisory capacity to the City Commission, the City Manager or to any department of the City government, with respect to the conduct and the management of any property or institution or the exercise of any public functions of the City. The members of such board shall serve without compensation for the time fixed in their appointment, or at the pleasure of the City Commission, and their duties shall be to consult and advise with such municipal officers and make written recommendations which shall become part of the records of the City.

FINANCES AND TAXATION

Section 78. Fiscal year. The fiscal year of the City shall begin on the first day of May of each year and end on the thirtieth day of April following.

Section 79. Annual estimates. The City Manager in his annual report covering the operation of the City, which it shall be his duty to make and submit to the City Commission covering the fiscal year, shall set forth an estimate of the expenditures and revenues of the City for the ensuing year. This estimate shall be compiled from detailed information and in its arrangement the classification of expenditures shall be as nearly uniform as possible for the main functional division and departments of the City and shall give in parallel columns the following information:

(a)

Detailed estimate of the expense of conducting each department and division of the City Government, including all public utilities and enterprises conducted by the City.

(b)

Expenditures for the corresponding items during the two fiscal years last past.

(c)

Amounts of supplies and materials on hand.

(d)

Increase of demands compared with the corresponding appropriation for the last fiscal year.

(e)

Such other information as is required by the City Commission, or by any member thereof with respect to their respective zones, or as the City Manager may deem advisable to submit.

The estimates so given and constituting the recommendation of the City Manager as to the amounts necessary to be appropriated for the ensuing fiscal year shall be supported with information giving the reasons therefor in such detail as may be necessary to afford the City Commission a comprehensive understanding of the needs and requirements of the various divisions of the City Government of the ensuing period.

Sufficient copies of the annual report and estimate of the City Manager shall be prepared that there may be copies on file in the office of the City Clerk for inspection by the public.

Section 80. Appropriation ordinances. With respect to such estimates the City Commission shall prepare an appropriation ordinance in such form as may be prescribed by resolution.

Section 81. Transfer of funds. Upon request of the City Manager the City Commission may transfer any part of any unencumbered balance of an appropriation to a purpose or object for which the appropriation of the current year has proved insufficient or may authorize a transfer to be made between items appropriated to the same office or department.

Section 82. Limitation of appropriations. Reversion of funds. At the close of each fiscal year the unencumbered balance of each appropriation shall revert to the general fund and shall be subject to future appropriations. Any accruing revenues of the City not appropriated as herein before provided and any balance at any time remaining after the purpose of the appropriation shall have been satisfied or abandoned may from time to time be appropriated by the City Commission to such use as will not conflict with any uses for which specifically such revenues accrued. No money shall be drawn from the depository of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to the appropriations made by the City Commission.

Section 83. Approval and payment of claims. No warrant for the payment of any account or claim shall be issued by the City Clerk until such account or claim shall have been approved by the head of the department for which the indebtedness was incurred, by the City Manager and the City Clerk, and then presented in an itemized form to the City Commission be approved by the affirmative vote of a majority of its members, or a majority present at the meeting when such account or claim is presented, before the voucher in payment of same is drawn, and such officers and their sureties shall be liable to the municipality for all loss and damage sustained by the municipality by reason of corrupt or improper approval of any such claim or account against the municipality.

Section 84. Tax levies for ordinary purposes. The City Commission of the City of New Smyrna Beach, Florida, shall have the right and power to raise for "ordinary purposes" by taxation upon all taxable property in the City such amount as may be necessary for carrying on the government of the City, not to exceed twenty (20) mills on the dollar of the assessed valuation of said property and shall have the right and power to levy such taxes each year. The words "ordinary purposes" shall be construed to mean all expenses for salaries of officers and employees, police and fire force maintenance, cleaning of streets, illumination, incidental expenses of the administration of the public business and all other purposes strictly municipal in their character which are annual and continuing, including reasonable expenditure for advertising and promoting the interest of the municipality through legitimate and recognized mediums for the accomplishment of such purposes and for promoting the welfare of the people of the City by such means as will contribute toward making the said City more attractive as a place of residence.

Section 85. Special tax levies.

(a) In addition to the foregoing levy of not exceeding twenty (20) mills, said City Commission of said municipal corporation may annually levy and collect a special tax for permanent improvements and the adornment, paving and improvement of the streets and public grounds of the City, and the property of the municipality beyond the limits of the City, which levy shall not exceed seen and one-half (7½) mills on the assessed value of the taxable property of the City. Said municipality shall also levy and collect annually upon its taxable property aforesaid such sums as may be necessary to pay interest upon the indebtedness of the City and for the maintenance and repairs of its properties, streets and public works; to create a sinking fund for the payment of such indebtedness as may be incurred; and to pay the bonds of the City already issued or any bonds which may be issued in accordance with law; to pay any judgment against the City and any sum as may be commanded to be levied by any mandamus legally issued against the City.

(b) That the City Commission be and it is hereby authorized and empowered to levy an annual tax, not to exceed one-half (-) mill on the dollar, upon the real and personal property within the limits of said City, for the purpose of maintaining a public library therein.

Section 86. Special assessment for publicity purposes. The City Commission of the City of New Smyrna Beach, Florida, shall have the right and power to levy a special tax annually, not to exceed two (2) mills, upon the real and personal property in said City to be assessed and collected as other municipal taxes are assessed and collected for the purpose of giving publicity to the advantages, facilities and productions of New Smyrna Beach and the Section surrounding.

Section 87. Tax assessment roll. All real and personal property within the City shall be assessed and listed for purposes of general taxation on the City Tax Assessment Roll in the name of the owner when such owner's name is known to the assessing officer but real property, the owner or owners of which are unknown to the assessor shall be listed as the assessing officer shall, from his best information, believe to be the names of the owner or owners thereof, or may assess same as unknown. Each lot and separate tract of land shall be assessed separately, except that at the written request of owner of lots or tracts of land adjoining each other, or when owner makes return thereof in such manner, such adjoining tracts of land may be assessed together. The assessor shall make diligent inquiry as to the ownership of personal property subject to taxation, and shall assess all such property in the name of the owner.

Section 88. Date of assessment. All property shall be assessed as of the first day of January of the year for which such assessment is made.

Section 89. Preliminary assessment roll. Upon his preliminary assessment roll the City Clerk as ex-officio Tax Assessor shall indicate in some convenient manner, the property subject to taxation for each of the purposes for which taxation is authorized. Said assessment roll shall be completed by the assessor and submitted to the Equalizing Board on the first Monday of September of each year.

The City Commission may direct said preliminary assessment roll to be published one time in a newspaper of general circulation in New Smyrna Beach, Florida, provided said publication is at least ten days before the meeting of the Equalizing Board.

Section 90. Correction of assessment and tax exemptions.

(a) If the City Clerk, in his capacity as ex-officio Assessor of Taxes in making his assessments shall discover that any land in the city was omitted in the assessment roll of either or all of the three previous years, or that any land was illegally sold for taxation and is then liable for taxation, he shall assess such land for the next year and shall also assess the same property for each such year or years as may have been omitted or was illegally sold for taxes, at the cash value thereof at the time, noting distinctly the year or years when such omissions occurred, and such assessment shall have the same effect as if made in the year or years when assessment was omitted, and taxes shall be levied and collected thereon in like manner, together with the taxes for the year in which assessment is being made; but no land shall be assessed for more than three years arrears of taxes and all lands shall be subject to be assessed to whomsoever's hands they may have come.

(b) All applications for any kind of tax exemptions must be filed annually with the City Clerk, as ex-officio tax assessor before the first day of April of each year, any other law now or hereafter enacted to the contrary notwithstanding.

Section 91. Returns for assessment. Failure to make returns. All persons, corporations or firms owning property, whether real, or personal, subject to taxation by the City of New Smyrna Beach, shall be required to make returns of the same before the first day of April each year to the City Clerk in his capacity as ex-officio Assessor of the City. Such return shall be made upon and in conformity with blanks prepared and to be supplied for such purposes through the office of the City Clerk, and such return shall contain a complete list of all the property taxable by the City belonging to such person, corporation or firm for which such return is made, together with the full cash value thereof, giving separately an intelligent description and the full cash value of each separate lot and parcel of real property; which description and valuation thus returned may be considered by the assessing officer in making assessments, but he shall not be bound thereby. Should any person, corporation or firm omit to make such returns, as above required, the assessing officer shall assess the property not thus returned in the name of the owner, if the owner shall be known to him, and where the name of the owner is not known to him, he may assess it in the name of the supposed or reputed owner or occupant or as belonging to an unknown owner. In case the real owner fails or refuses to make return of his property, as herein required, the City Clerk in his capacity as ex-officio Assessor of the City, shall add ten per cent to the valuation as appears on said City tax assessment roll, and in no case where the real owner has failed to make return of his property as herein required, shall the assessment thereof be declared invalid or as not lawfully made or the enforced payment of taxes thereon be refused by reason of such property being assessed otherwise than in the name of the real owner, or for any other reason.

Section 92. Assessment of property of transportation companies. The property of railway, telegraph and telephone companies shall be subjected to taxation on all real and personal property owned by them or operated within the limits of the municipal corporation in the same manner and at the same rate of valuation as all other property. The property of street railway companies whose lines or tracks lie within the corporate limits of the said City shall be assessed in like manner as other property is assessed. Franchises and privileges owned by street railway and other corporations, part of which is, and part of which is not, subject to taxation for the various purposes other than ordinary municipal purpose, shall be so assessed as to show the valuation or part of the whole valuation, subject to taxation for each purpose. In assessing property of railway and street railway companies the City Clerk, in his capacity as ex-officio Assessor, shall specify what property is assessed as used for right of way and depot property by such description as will clearly define the property covered by that assessment, and their property other than that so described and assessed shall be separately assessed by sufficient description as is other property, each lot, part of a lot, or tract being assessed separately, except that the City authorities may, at the request of the company or its agents, assess several pieces together; and the description, assessments and valuations shall be subject to be checked, corrected and fixed by the Equalizing Board of the City.

Section 93. Personal property. What includes. When enforceable. The City of New Smyrna Beach shall have the right to tax as personal property, all wharves and water terminals within the limits of the City and all buildings and structures owned by private individuals, corporations or firms and located on public lands, the use of which for private purposes has been allowed such individuals, corporations or firms under revocable license or other form of grant.

The collection of all personal tax assessment shall be enforceable at any time after the first day of April of the year for which they are assessed.

Section 94. Licenses. The City Commission is authorized to levy and impose license taxes by ordinances, for the purpose of regulation and revenue, upon all occupations and upon any and all privilege, and to create and fix the amounts to be paid; to provide for the collection of the same, and to provide penalties for failure or refusal to pay such license taxes. All such license taxes, so imposed, shall constitute a legal indebtedness to the City which may be recovered in any Court of competent jurisdiction, and no property of such debtor shall be exempt from forced sale, after due process of law, for such indebtedness. The City Commission may by ordinance, provide for licensing the keeping of dogs, when the owner and keeper thereof shall not comply with the regulations prescribed by ordinance in effect thereto, and for the punishment of personal violating the City ordinances on this subject.

Section 95. Period covered for license. Licenses shall be issued for the periods and be transferable as provided by the general law for state license. The agent or agents of nonresident proprietors shall be severally responsible for carrying on business in like manner as if they were proprietors. The fact that any person, firm or corporation reporting himself or itself engaged in any business, calling, profession or occupation for the transaction of which a license is required or that such person exhibit a sign or advertisement indicting engagement in such business, calling, profession or occupation, shall be conclusive evidence of the liability of such person, firm or corporation to pay a license.

CITY PLATS

Section 96. Preparation of. The City Commission may by ordinance provide for the preparation of a plat or plats, or plat book or plat books, showing thereon any or all of the lands of the City, each lot and block, tract or parcel of land being thereon so indicated by number or other designation as to be easily and intelligently referred to by way of description, and for the filing thereof in the offices of the Clerk of the Circuit Court for Volusia County, Florida, as a part of the public records of Volusia County, Florida; and after such filing thereof, the lands thereon indicated may be described and assessed upon the City Tax Assessment Rolls by reference to such plat or plats, plat book or plat books, which shall be plainly endorsed "New Smyrna Beach City plats," as a sufficient designation. The designation "Personal Property" shall be sufficient description of all personal property for the purpose of City taxation, and personal property assessed need not be otherwise specified or described on the tax assessment roll.

EQUALIZING BOARD

Section 97. How composed. The Equalizing Board of the City shall be composed of the members of the City Commission and it shall meet on the first Monday of September of each year. The City Clerk shall be the clerk of such board and shall keep an accurate record of all changes made in the valuations of property and all other proceedings of said Board.

Section 98. May adjourn from time to time. The Equalizing Board may adjourn from day to day until its work is completed, and a majority of the members of the City Commission shall constitute a quorum to transact business. If no quorum is present the City Clerk may adjourn the Board from day to day, and publicly announce the time to which the meeting is to be adjourned.

Section 99. Notice of meeting to be published. Annually, not earlier than fifteen days, and not later than five days, prior to the meeting of the Equalization Board provided for in the foregoing Section, the City Clerk shall cause to be published one time in a newspaper of the City, notice that the City assessment roll will be submitted to the Equalization Board for approval on the day and at the place and time fixed for such meeting, and requiring all persons desiring to have corrections made in such roll, whether in the listing, valuation of property or otherwise, to file with him, or on or before the day previous to the meeting of such Equalization Board, their petition in writing setting forth their objections to such assessment and the corrections which they desire to have made.

Section 100. Complaints to receive consideration. All petitions, for the correction of assessments, so filed with the City Clerk shall be delivered by him to the Equalizing Board with the City Assessment Roll at the first meeting of the Board in September, and the Equalizing Board, sitting at the usual meeting place of the City Commission shall receive, consider and act upon said petitions and shall give such petitioners or their agents permission to be heard in person or by their attorney, in open session.

Section 101. Equalization and correction of assessment roll. The Equalizing Board shall have the right to change the valuation or assessment of any real or personal property upon the roll by increasing or decreasing the assessed valuation thereof as shall be reasonable and just to render taxation uniform; provided that the valuation of any real or personal property, as returned by the assessor, shall not be increased to exceed fifty per cent without first giving the owner or his agent notice of the intention of the board to increase it. Such notice shall be by personal service upon the owner or agent, or by leaving a copy of the written notice at his usual place of business or last place of residence, and shall state therein the time when the board will be in session to act upon the matter.

Section 102. Omission from assessment rolls. The Equalizing Board must place upon and add to the assessment roll any property, real or personal, subject to taxation, which has been omitted therefrom by the owner or by the assessor and enter the same at such valuation that it will bear an equal and just proportion of taxation.

Section 103. Sections to be open. Presentation of grievances. During the sessions of the Equalizing Board it shall be open to the public. Any person or his attorney or agent feeling aggrieved by anything in the assessment roll may apply to the Equalizing Board in person for the correction of alleged errors in listing or in equalization in the value of his property, whether real or personal, and the board may take such action as it may deem just and proper in the premises.

Section 104. Failure to return property for taxation. If the board has reason to believe that any person has failed to return to the assessor all property required by law to be returned or if any refuse to swear to the return which he has made, the Board may notify the person who has failed to make return or to swear to same, requiring him to appear, and may examine such person on oath in regard to the property in question and if such person so notified refuses to appear, the Board may fix the valuation of the property at such sum as is deemed just and proper, as provided. Any person feeling aggrieved at any decision of the Equalizing Board in any matter that he has called upon such board to correct, alter or change, with reference to the listing or valuation of his own property, may appeal to the Circuit Court in Chancery. Provided said appeal is made within thirty (30) days after final acceptance of said assessment roll, and if not so appealed, said assessment shall not thereafter be questioned.

Section 105. Completion of roll. All changes made by the Equalizing Board shall be noted in the preliminary assessment roll by the City Clerk, and within ten days after the Equalizing Board shall have concluded its examination and correction of the assessment roll, it shall be submitted in corrected form, duly certified to by the City Clerk as having been corrected and equalized by the Equalizing Board, to the City Commission, and shall stand as the assessment for the year of the taxable property within the City.

Section 106. Levy by the city commission. As soon as practicable after the receipt of the assessment roll, and not later than the second Monday in October, the City Commission shall determine the amount and fix the rate of taxation and make the annual tax levy. for the current year. The City Clerk shall note the said several levies on the Assessment roll and shall reject in his calculations the fraction of a cent when less than half and count as one cent when any fraction is one-half or over. He shall enter upon said assessment roll such recapitulation as may be necessary to show clearly and concisely the totals of the various tax levies made. The City Commission, shall then attach a certificate substantially in the following form:

"TO THE CITY CLERK AND COLLECTOR:

"We, ___________, City Commissioners of the City of New Smyrna Beach, do hereby certify that the foregoing is the assessment roll of the taxable property in the City of New Smyrna Beach, and that it contains a true statement and description of all personal and real property in the said City, and liable to be assessed therefor: that the listing and valuation as corrected by the Equalizing Board and as approved and adopted by the City Commission and that all requirements of law and ordinance regulating the making of the assessment roll for the City of New Smyrna Beach have been complied with.

_____
_____
_____	City Commissioners."
_____
_____

 

"Date ________

"State of Florida, City of New Smyrna Beach,"

"To ___________

"City Clerk and Collector of the City of New Smyrna Beach:

"You are hereby commanded to collect out of the property and from each of the persons, corporations and firms named in the annexed roll, the taxes set down in such roll, opposite each name, corporation or firm or parcel of land described; and in case the taxes are not paid at the time prescribed by law, you are to collect same in such manner as is provided by law, and all sums collected you are to hold and account for as required by law and ordinances.

"Given under our hands and seals this _____ day of ________, ___

" _____
" _____
" _____	City Commissioners."
" _____
" _____

 

Section 107. Failure to pass tax levy. If, in any year, the City Commission shall fail to pass a levy ordinance or if the levy ordinance in any year shall be invalid or inoperative the levy of taxes for the year shall be the same as it was the year before, item for item.

Section 108. Description of classes of property. For the purpose of assessment, the soil shall be known as "Land" and everything attached thereto shall be known as "Improvements" and such "Improvements" when owned by the tenant, may be assessed in his or her name apart from the "Land." Articles other than "Land" or "Improvements" shall be known as "Personal Property."

Section 109. Taxes-when payable-when delinquent. All taxes shall be due and payable on the first Monday in November in each year, or as soon thereafter as the assessment roll may be compiled by the City Clerk and Collector, of which he shall give notice by publication, and the collection of taxes, remaining due and unpaid on the first day of April thereafter shall, from that date, bear interest at the rate of one and one-half per cent per month, which shall be added thereto and collected with the tax.

Section 110. When tax books close. The tax books close on the first day of April, and the City Clerk shall proceed as herein provided.

Section 111. May issue distress warrants. The City Clerk and Collector shall have power to issue distress warrants and alias and pluries distress warrants in the name of the City to enforce collection of taxes on property and privileges. Such warrants may be executed by the Chief of Police, or any police officer of the City, or by any Constable or Sheriff.

Section 112. Constitute a lien-enforcement of. Taxes and assessments, together with the interest imposed for delinquency and cost of collection, shall be and continue a lien upon the property assessed, superior to all other liens or claims, until the same shall be paid. Every tax on personal property shall also be a lien upon the real property of the owner thereof. All such liens shall be enforced as are other liens.

Section 113. Collection of taxes-tax sales. The City Clerk and Collector, shall, unless otherwise provided, 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 do State Collectors under the State law, and shall be subject to the same penalties as are prescribed by the laws of Florida for any violation of the duties imposed upon him by this Act.

Section 114. Errors to be reported. The City Clerk shall report to the City Commission any errors, double assessments and insolvencies for which he should be credited subdivisions, etc., giving in each case the names of the parties on whose account the credit should be allowed.

Section 115. Special assessment for local improvements. The City Commission shall have power by ordinance to provide for the construction, reconstruction, repair and maintenance by contract or directly by the employment of labor of all things in the nature of local improvements, and to provide for the payment of and part of the cost of any special improvement by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefitted property. The amount assessed against the property especially benefitted to pay for such local improvements should not exceed the amount of the estimated benefits accruing to such property.

Section 116. Method of making special assessments. Special assessments upon the property deemed to be benefitted by a public improvement shall be by any one of the following methods:

(a)

By a percentage of the tax value of the property assessed.

(b)

In proportion to the benefits which may result from the improvement.

(c)

By the foot front of the property abounding or abutting upon the improvement.

When the owners of a majority of the frontage of lands liable to be assessed for any special local improvement shall petition the City Commission for any such improvement, the City Commission shall order such improvement made. In other cases, public improvements shall be made in the discretion of the City Commission.

Section 117. Preliminary resolution for an improvement. When the City Commission shall determine to make any public improvement or repairs, and defray the whole or any part of the cost of expense thereof by special assessment, they shall so declare by resolution, stating the necessity for and the nature of the proposed improvement; and what part or proportion of the expense thereof shall be paid by special assessment; by what method such special assessment shall be made; and what part, if any, shall be apportioned from the general improvement funds of the City, and shall designate the district or lands and premises upon which the special assessment shall be levied. Such resolution shall also state the total estimated cost of the improvement, the method of payment of assessments and the sum of annual installments.

Section 118. Plans for proposed improvements. At the time of the passage of the resolution hereinbefore provided for, there shall be on file at the office of the City Manager, plans, specifications, estimates and profiles of the proposed improvement, giving all necessary information, and such plans, specifications, estimates and profiles of the proposed improvements, giving all necessary information, shall be open to the inspection for the public.

Section 119. Special assessment roll. The resolution as thus adopted shall be published as provided under Section 24, and shall be certified to by the City Clerk in his capacity as ex-officio Assessor, who shall thereupon proceed to make an assessment roll in accordance with the method of assessment provided for in the resolution, which roll shall be completed and filed with the Equalizing Board as promptly as possible, and shall show the lots and lands assessed, and the amounts of assessment to each, together with the amount of benefit or damage to each lot or parcel or lot of land to be assessed, with an estimate of the life of the contemplated improvement. The number of annual installments in which the assessment shall be paid shall be fixed, but in no case shall they be greater in number than the estimated life of the improvement.

Section 120. Notices to property owners of special assessment. Upon completion of such a special assessment roll the City Clerk, in his capacity as ex-officio Assessor, shall cause written notices to be served upon the owner of each lot or parcel of land to be assessed or otherwise affected, or upon the person in whose name such property may be assessed for taxation. Such notice shall be served in the manner provided for in service of summons in civil actions and as to persons who cannot be found, publication of such notice shall be made at least once in a newspaper of general circulation in the City. Such notice shall contain statement of the character of the proposed improvement, referring to the resolution previously adopted by the City Commission, the return of assessment which has been tentatively determined upon by the Assessor, the number of annual installments in which it is to be paid, the total amount of the cost of the improvement, the estimated amount of benefit or damage to such lot or parcel of land, and shall state a time and place when complaints and claims may be heard before the Equalizing Board.

Section 121. Consideration of special assessment by the equalizing board. The City Clerk shall call a meeting of the Equalizing Board to be held at the time of which notice has been given, at which meeting such Equalizing Board shall hear all claims and objections as to the character of all improvements to be paid for in part or in whole by special assessments, the necessity therefor and the equity of assessments as provided in the special assessment roll. A majority of the members of the Equalizing Board shall have power to determine all complaints and objections submitted to it; and as to each improvement, the Board shall, after such hearing, approve, amend, equalize and adjust the special assessment roll in every detail and shall report its findings as to the necessity for improvements and any amendment it directs in the assessments, the estimate of benefit and allowance for damage, to the City Commission.

Section 122. Claims for damages. An owner of a lot or of land bounding and abutting upon a proposed special improvement who claims that he will sustain damage by reason of the improvement, shall present such claims to the Equalizing Board at the time of its meeting provided for in the preceding section. Such claim shall be in writing and shall set forth the amount of damage claimed, with a general description of the property with respect to which it is claimed the damage will accrue. This provision shall apply to all damage which shall obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising, without his fault from acts of the City or its agents. If subsequent to the filing of such claim, the owners sell the property, or any part thereof, the right of damages, if any, shall follow the ownership of the land without other deference of the claim. The Equalizing Board shall send to the City Commission with the special assessment roll all such claims for damages which have been filed with it.

Section 123. Special assessment ordinance; description of land. When the Equalizing Board shall have submitted to the City Commission a special assessment roll and its final report upon any proposed improvement, the City Commission, if it determines that the improvement shall proceed, shall pass an ordinance levying the assessment as recommended by the Equalizing Board and directing that the improvement proceed. In such ordinance it shall be sufficient to describe the lots and lands abutting upon the contemplated improvement and to be assessed therefor, as "All lots and lands bounding and abutting upon such improvement between and including the termini of the improvement," and describing lands which do not abut, it shall be sufficient to describe the lots by their appropriate lot numbers and the lands by metes and bounds; and this rule of description shall apply in all proceedings in which lots and lands are to be charged with special assessments.

Section 124. Special assessments; when payable. Special assessments shall be payable by the owners of the property assessed at the time stipulated in the ordinance, and shall be a lien from the date of the assessment upon the respective lots and parcels of land assessed, enforceable in the manner provided by the laws of the State of Florida, arising by reason of default in payment of taxation.

Section 125. Damages assessed; jury trial. At the time of the passage of the ordinance determining to proceed with an improvement as hereinbefore provided, the City Commission shall decide whether the claims for damages which have been provided under Section 122 shall be allowed and paid or judicially inquired into either before commencing or after the completion of the proposed improvement. If the City Commission shall decide that the damages shall be assessed before commencing the improvement, the City Attorney shall then make a written application to the Judge of the Circuit Court for the summoning of a jury to determine such damages, and the Judge shall direct that a jury be summoned as is provided for the appropriation of property, and fix the time and place for inquiry into, and assessment of such damage, which inquiries for assessment shall be confined to such claims.

Section 126. Determination of damages. When the City Commission determines to assess the damages after the completion of the improvement for which claim for damages has been filed as hereinbefore provided, the City Attorney, shall within ten days after the completion of the improvement, make written application as hereinbefore provided in case of ascertainment of damages before improvements are made, and the same proceedings shall be had as provided for in the next preceding paragraph. A person who claims damages arising from any cause shall not commence a suit therefor against the City until he shall have filed claim for such damages, with the City Clerk, and until sixty days shall have elapsed thereafter. This provision shall not apply to an application for an injunction or other proceeding for which it will be necessary for such applicant to resort in case of urgent necessity.

Section 127. How work shall be done. When the City Commission shall have passed all ordinance determining that an improvement be made, to be paid for in whole or in part by special assessment, the City Manager, shall, as may be provided by ordinance, either directly or by the employment of labor, or by entering into a contract therefor, cause the improvement to be made.

Section 128. Interest on bonds part of improvement. When the bonds are issued in anticipation of the collection of special assessments for improvements, the interest thereon shall be treated as part of the improvement for which assessments shall be made.

Section 129. Limitation of assessment. The City Commission shall limit all special assessments for improvements to the special benefits conferred upon the property assessed and in no case shall there be levied on any lots or parcels of land any assessments for any and all improvements within a period of five years in excess of thirty-three and one-third per cent of the actual value thereof after the improvement is made.

Section 130. City's proportion of cost. The City shall pay such part of the cost and expense of improvements for which special assessments are levied as the City Commission shall deem just. The City Commission may provide for the payment of the City's proportion of all such improvements by issuance of bonds therefor, and may levy taxes, in addition to all other taxes authorized by law, to pay such bonds and interest thereon.

Section 131. Replacement of existing improvements. The City Commission may provide in whole or in part for the cost of replacing improvements existing in a street at the time of the adoption of this Act, by levying special assessments as hereinbefore provided; but any assessments for such replacements in less than fifteen years from the date at which the improvement was originally provided, shall be limited to a sum not in excess of fifty per cent of the cost of such replacement.

Section 132. Supplementary assessments and rebates. Upon the completion of any improvement the City Manager shall rebate to the then owner of the property which shall have been assessed to pay for any such improvement, any surplus or excess remaining unexpended for the purpose for which such assessment was made, and in the event of there being a deficit in the funds provided for the making of any such improvement and upon the reporting of such deficit to the City Commission, the City Clerk, in his capacity as ex-officio Assessor, shall be directed to submit a supplementary assessment roll within the limitation hereinbefore provided, which supplementary special assessment roll shall be made effective by ordinance and certified for collection in the manner provided in the case of original assessments.

BONDS

Section 133. How issued. The City Commission, in its corporate capacity, is authorized to issue from time to time, bonds of said City, of such denomination and bearing such rate of interest, not exceeding six per cent, and becoming due in such time and upon such conditions as may be determined, to an amount not exceeding in the aggregate fifteen per cent of the assessed value of the taxable real estate of the City at the time of issue; provided that no such bonds shall be issued except for the purposes issued in Section 7, for the floating of the debt of the City, refunding of previous issues of bonds, establishment of public work and utilities, construction of necessary municipal building, and for the improvement of parks, highways and streets, and other municipal purposes as are of general benefit in their relation to the municipality; provided, further, that before the issue of any such bonds shall be made an ordinance shall be passed expressing in exact temps the amount of the contemplated bond issue and the purposes for which moneys so to be realized are to be used, which said ordinance proposing the issue of bonds shall subsequently be approved by a majority vote of the electors of the City, who are qualified to vote as shown by the registration and tax books of the City, who vote thereon, at an election held for that purpose, at such time and in such manner as may be proscribed by law and the City ordinances. No person shall be deemed qualified to vote at such election who does not own and pay taxes on real property located in the City. The question of the issuance of bonds for any specified purpose may be submitted from time to time not oftener than once each year, with relation to each purpose specified.

Section 134. Sewer, water and gas connections. Before paving, or otherwise surfacing or resurfacing any street or alley of the City, the City Manager shall determine the time within which sewer, gas, water or other connections shall be constructed, and shall give notice thereof to the person or corporation required to make the same, and if any person or corporation fails to make any such connection when so requested, no permission to make the same shall thereafter be granted within five years from the completion of any such street improvement, unless for special reasons approved by the City Commission and expressed by resolution adopted unanimously at a regular meeting, of the City Commission at which all members are present, which resolution shall state the reasons for granting the permission. Nothing herein shall be construed to prohibit the City Commission from providing that such connections be made by the City and cost thereof assessed to the lots and lands benefitted thereby.

Section 135. Sale of bonds. Any and all negotiable bonds issued under any of the provisions of this Act shall be advertised for sale on sealed bids which advertisement shall be published once a week for three weeks in a newspaper published in the City of New Smyrna Beach, Florida. In addition to the publication of said notice in a newspaper published in the City of New Smyrna Beach, Florida, notice of said sale may at the option of the City Commission, be published once a week for two weeks in a financial paper published in the City of New York, or in a newspaper of general circulation published in a city in the State of Florida, having a population of not less than twenty thousand inhabitants, according to the last Federal Census. If any bonds be not sold pursuant to such advertisement, they may be sold at private sale at any time within sixty days after the date advertised for the reception of sealed bids. No bonds issued under any provisions of this Act shall be sold at public sale for less than ninety-five cents on the dollar plus accrued interest thereon to date of delivery, or at private sale for less than par plus accrued interest thereon to date of delivery.

EXPENDITURE AND CONTRACTS

Section 136. Expenditures in excess of $200.00. When an expenditure, other than the compensation of persons employed by the City, exceeds $200.00, such expenditure shall be first authorized and directed by ordinance of the City Commission and no contract involving an expenditure in excess of such sum shall be made or awarded except upon competitive bids and the approval of the City Manager and City Commission.

Section 137. Modification of contracts. When in the opinion of the City Manager it becomes necessary for the prosecution of any work or improvement under contract, to make alterations or modifications in such contract, such alterations or modifications, if made, shall be of no effect until the price to be paid for the work or material, or both, under altered or modified contract has been agreed upon in writing and signed by the contractors and by the City Manager and approved by the City Commission.

Section 138. Bids in excess of estimate. In no instance shall contracts be let, where bids for parts of the work are taken, the aggregate of which exceeds the estimate for the improvements contemplated.

Section 139. Contracts in excess of estimate void. All contracts, agreements or other obligations entered into, and all ordinances passed or resolutions and orders adopted, contrary to the provisions of the preceding section, shall be void.

STREETS AND PUBLIC GROUNDS

Section 140. Construction and repair of sidewalks, street paving, drains, etc. The City Commission may by resolution declare that certain specified sidewalks, curbing, gutters or drains, street paving, sanitary or storm sewers, shall be constructed or repaired. Upon the passing of such resolution, the City Manager shall cause written notice of the passage thereof to be served upon the owner, or agent of owners, of each parcel of land abutting upon the proposed improvement, who may be a resident of the City in the manner provided by law for the service of summons in civil action. He shall return a copy of the notice with the time and manner of service endorsed thereon, signed by the person serving it, to the City Clerk, who shall file and preserve such return. For the purpose of such service, if the owner of any such property be not a resident of the City any person charged with the collection of rent or the payment of taxes on such property or having control thereof in any way, shall be regarded as the agent of the owner and service upon such person shall have the like force and effect as though personal service were made upon the owner thereof. If it appears in any such return, however, that the owner is a non-resident, or that neither such owner or agent could be found, one publication of a copy of the resolution in a newspaper of general circulation in the City shall be deemed sufficient notice to such owner.

Section 141. Method of procedure; city may construct and repair. If sidewalks, curbing, gutters, drains, street paving, sanitary and storm sewers be not constructed or repaired within sixty days from the service of the notice provided for in the preceding section, or the publication thereof, the City Manager may proceed by direct employment of labor, or contract to carry out such construction or repairs at the expense of the owner, as in the case of other improvements, and all such expense shall be reported by the City Manager to the City Commission. The City Commission shall thereupon, by ordinance, assess the cost and expense thereof upon the owner or owners of all the property bounding or abutting thereon, and such assessment shall be collected in the same manner as other assessments, with a penalty of five per cent and interest for failure to pay at the time fixed by the assessment ordinance.

Section 142. Assessment bonds. The City Commission may at any time borrow money and authorize the issuance of bonds therefor in anticipation of the collection of unpaid special assessments, levied for the purpose of paying the cost of constructing, reconstructing, repairing or maintaining sidewalks, curbing, gutters and drains, street paving, sanitary and storm sewers and all other things in the nature of local improvements which are to be or have been done by the City under Sections 115 to 132 or Sections 140 to 142 of this Act. All bonds issued under the provisions of this Section shall be excluded from any limitations of indebtedness prescribed by the Charter of the City of New Smyrna Beach, Florida, by special act, or by the general laws, and no election shall be necessary for their issuance.

Section 143. Assessment for removal of weeds, rubbish, etc. The City Commission shall have power to provide by ordinance for assessing against the abutting property the cost of removing from sidewalks all accumulation of weeds and rubbish, and for assessing against property the cost of cutting and removing therefrom of noxious weeds or rubbish, including debris resulting from fires or the demolition of buildings or other structures.

Section 144. Care and supervision of streets and public grounds. The City Commission shall provide by ordinance for the care, supervision, control and improvement of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts, within the City and shall cause them to be kept open, in repair and free from nuisance.

Section 145. Alteration of streets. Whenever it may be deemed necessary the City Commission may cause any street, alley or public highway to be opened, straightened, diverted, narrowed, widened or vacated.

Section 146. Dedication of streets. No street or alley hereafter dedicated to public use by the owner of any land within the City shall be deemed a public street or alley or under the care or control of the City, unless the dedication be accepted and confirmed by ordinance passed for such purpose, or unless the provisions of this Act relating to platting subdivisions shall have been complied with.

Section 147. Vacation or change of name. The City Commission in vacating any street or part of street or changing the name of any street, may include in one ordinance the change of name or vacation or narrowing of more than one street, avenue or alley, but before vacating any street or part thereof, or narrowing any street, the City Commission shall first pass a resolution declaring its intention to do so. Notice as in civil actions shall be served upon all persons whose property abuts upon the portion of the street affected by the proposed vacation or narrowing, and by publication once in a newspaper of general circulation in the City as to all the persons who cannot be personally served. Said notice shall state the time and place at which objection can be heard before the City Commission and the City Commission may thereafter by ordinance declare such vacation or narrowing of street, avenue or alley of which notice was previously given as hereinbefore provided for and such order of the City Commission vacating or narrowing of a street which has been dedicated to public use by the proprietor shall, to the extent to which it is vacated or narrowed, operate as a revocation of the acceptance thereof by the City Commission, but the right of way and easement therein of any lot owner shall not be impaired thereby.

Section 148. Supervision of plats. The City Manager shall be the Supervisor of plats of the City. He shall provide regulations governing the platting of all lands so as to require all streets and alleys to be of proper width and to be coterminous with the adjoining streets and alleys, and otherwise to conform to regulations prescribed by him. Whenever any person plats any land within the corporate limits or contiguous thereto, the City Manager as Supervisor of Plats shall, if such plats are in accordance with the rules as proscribed by him, endorse his written approval thereon. No plats subdividing lands within the corporate limits, or contiguous thereto, shall be entitled to record in the public records of Volusia County, without such written approval so endorsed thereon.

Section 149. Effect of such platting. No streets or alleys, except those laid down on plats bearing the approval of the Supervisor of Plats as provided for in the preceding Section, shall subsequently in any way be accepted as public streets, or alleys, by the City, nor shall any public funds be expended in the repair or improvement of streets and alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the City, nor street, alleys or public grounds laid out on a plat by or with the approval of the Supervisor of Plats.

EMINENT DOMAIN

Section 150. Appropriation of land. Property within the corporate limits of the City may be appropriated for any public or municipal purpose, and to the extent of the authority granted by the Constitution of the State, such appropriation to be made as herein provided. By such appropriation the City may acquire a fee simple title or any less estate, easement or use. Appropriation of property located outside the corporate limits of the City shall be made according to the requirements of, ad as provided by the general State law.

Section 151. Declaratory resolution. When it is deemed necessary to appropriate property the City Commission shall adopt a resolution declaring such intent, defining the purpose of appropriation, setting forth a pertinent description of the property, and the estate or interest therein desired to be appropriated.

Section 152. Notice of intention to appropriate property procedure. Immediately upon the adoption of such resolution, the City Manager shall cause written notice thereof to be given to the owner, person in possession thereof, or having an interest of record in, every piece of land sought to be appropriated, or to his authorized agent; and such notice shall be served by any person designated for the purpose and return made in the manner provided by law for the service and return of summons in civil action. If such owner, person or his agent cannot be found, notice shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation in the City, and the City Commission may thereafter pass an ordinance directing such appropriation to proceed.

Section 153. Purchasing privilege. After such notice, the City Commission, if it can agree with the owner on the price to be paid for such property, may, by ordinance, order the purchase thereof.

Section 154. Further proceedings. If the City Commission shall be unable to agree with the owner upon the purchase price, it may thereafter pass an ordinance directing such appropriation of property to proceed and thereupon the City Attorney shall file a petition in the office of the Clerk of the Circuit Court, attaching thereto a copy of the ordinance passed by the City Commission, which petition shall be in the form required by law. All the subsequent proceedings with regard to the condemnation and appropriation of the property shall be in the manner provided by the general law of the State for the condemnation and appropriation of property by municipal corporations

FRANCHISES AND PUBLIC UTILITIES

Section 155. Granting franchises. Permission may be granted to any individual, company or corporation to construct and operate a public utility in the streets and public grounds of the City, but no such grant or renewal thereof shall be made in violation of any of the limitations contained in this Act. The City Commission may by ordinance call an election for such purpose. Such election shall be held as provided by this Act for the holding of other elections and all qualified voters who pay taxes on real or personal property may vote thereon.

Section 156. Period of grant. No such grant or franchise shall be exclusive, nor shall it be made for a longer period than twenty years. No such grant or franchise shall be renewed earlier than two years prior to its expiration unless the City Commission shall by unanimous vote of its members first declare by ordinance its intention of considering a renewal thereof. All grants of rights to make extension of any public utility shall be subject as far as practicable to the terms of the original grant and shall expire therewith.

Section 157. Conditions. The City Commission in ordinances granting or renewing any franchise to construct and operate a public utility, and subject to the approval of a majority of the qualified electors, as provided in Section 155 shall prescribe the kind and quality of service or product to be furnished, the rate or rates to be charged therefor, the manner in which the streets and public grounds shall be used and occupied, and other terms and conditions conducive to the public interest. All such grants and renewals thereof shall reserve to the City the right to terminate the same upon purchasing all of the property, and property rights of the utility as well as extensions thereof within or without the City, used in or useful in or connected with such utility or extension, as may be provided for in the ordinance making the grant or renewal and including all contracts for service or motor power fairly and reasonably made in good faith by the utility, at a price either fixed in the ordinance or to be fixed in the manner provided by the ordinance making the grant or the renewal of the grant, such contracts if so purchased to be performed by the City. Nothing in such ordinance shall prevent the City from acquiring the property of any such utility by condemnation proceedings or in any other lawful mode; and all such methods of acquisition shall be alternative to the power of purchase reserved in the grant or renewals as hereby provided. In such event, however, said contracts of such utility shall be performed by the City. Upon the acquisition by the City of the property of any utility, by purchase, condemnation, or otherwise, all grants or renewals shall at once terminate.

Section 158. Assignment of grants. No such grant or franchise shall be leased, assigned or otherwise alienated except with the express consent of the City Commission.

Section 159. Extension by annexation. It shall be provided in every such grant that upon the annexation of any territory to the City the portion of any such utility that may be located within such annexed territory and upon the streets, alleys or public grounds thereof, shall thereafter be subject to all the terms of the grant as though it were an extension made thereunder.

Section 160. Right of regulation. All grants shall be subject to the right of the City, whether in terms reserved or not, to control at all times the distribution of space in, over, under or across all streets, alleys, or public grounds occupied by public utility fixtures, and, when in the opinion of the City Commission the public interest so requires, such fixtures may be caused to be reconstructed, relocated, altered or discontinued; and said City shall at all times have the power to pass all regulatory ordinances affecting such utilities, which, in the opinion of the City Commission are required in the interest of the public health, safety or accommodation.

Section 161. Forfeitures. If any action shall be instituted or prosecuted directly or indirectly by the grantee of any such grant, or by its stockholders or creditors, to set aside or have declared void any of the terms of such grant, the whole of such grant may be thereupon forfeited and annulled at the option of the City Commission, to be expressed by ordinance. All such grants shall make provision for the declaration of a forfeiture by the City Commission for the violation by the grantee of any of the terms thereof.

Section 162. Accounts and reports. Every person or corporation operating a public utility within the City limits, whether under a grant heretofore or hereafter obtained, shall keep and maintain at some place within the City suitable and complete books of accounts, showing in detail the assets, financial obligations, gross revenues, net profits and all the operations of such utility which are usually shown by a competent system of bookkeeping.

Each such person or corporation, within sixty days after the end of each of its fiscal years, unless the City Commission shall extend the time, shall file with the City Commission a report for the preceding fiscal year, showing the gross revenue, the net profits, expenses of repairs, betterments and additions, amount paid for salaries, amount paid for interest and discount, other expenses of operation, and such other information, if any, as the City Commission may from time to time prescribe. If the City Commission shall prescribe the form for such reports, then such reports shall be made in the form from time to time prescribed by the City Commission.

It shall be the duty of each such person or corporation to furnish the City Commission such supplementary or special information about its affairs as the City Commission may demand; and the City Commission or its authorized representative, shall at any and all reasonable times have access to all the books, records and papers of each and every person or corporation, with the privilege of taking copies of same or any part thereof. The duties herein prescribed may be specifically enforced by appropriate legal proceedings; and, in addition, each such person, or corporation, for failure to comply with the provisions of this Section shall be liable to the City of New Smyrna Beach, Florida, in the sum of Fifty Dollars ($50.00) per day for each day of such failure, to be recovered in a civil action in the name of the City.

The provisions of this Section do not apply to any utility extending in its operations to other communities, not properly suburban to the City of New Smyrna Beach, Florida.

Section 163. Grants not included. Revocable permits for laying spur tracks across or along streets, alleys or public grounds to connect a steam or electric railroad with any property in need of switching facilities shall not be regarded as a grant within the meaning of this Act, but may be permitted in accordance with such terms and conditions as the City Commission may by ordinance prescribe.

Section 164. General provisions. Nothing in this Act contained shall operate in any way, except as herein specifically stated, to limit the City Commission in the exercise of any of its lawful powers respecting public utilities, or to prohibit the City Commission from imposing in any such grants such further restrictions and provisions, as it may deem to be in the public interest provided only that the same are not inconsistent with the provisions of this Act or the Constitution of the State.

COMPENSATION OF OFFICERS AND EMPLOYEES

Section 165. Salaries. The City Commission shall fix by ordinance the salary or compensation of the City Attorney, Municipal Judge, City Clerk, heads of the departments, members of the police and fire forces and members of boards. The City Manager shall fix the number and compensation of all other officers and employees. The salaries or compensation so fixed, shall be uniform for like services in each grade of the City service as the same shall be graded or classified by the City Manager. All such salaries and rates of pay with dates of employment and discharge shall be immediately reported to the City Clerk. All fees and moneys received or collected by officers and employees, other than the City Clerk, shall be immediately paid over to the City Clerk on the date of their receipt.

Section 166. Oath of office. Every officer of the City shall, before entering upon the duties of his office take and subscribe to an oath or affirmation to be filed and kept in the office of the City Clerk; which oath shall be in the form prescribed for State officers by the Constitution of the State.

Section 167. Official bonds. The City Commission or City Manager, in fixing the salary of any officer, clerk or employee shall determine whether or not such officer, clerk or employee shall give bond, and the amount thereof, which bond shall be procured from a regularly accredited surety company authorized to do business under the laws of Florida, the premium on such bonds to be paid by the City. All such bonds shall be filed in the office of the City Clerk and deposited for safekeeping under such regulations and directions as may be determined by the City Commission.

Section 168. Continuance of present officers. All persons holding office at the time this Act goes into effect shall continue in office and in the performance of their duties until provisions of this Act for the performance or discontinuance of the duties of any such officer. When such provision shall have been made, a notice thereof given by resolution adopted by the City Commission, the term of any such officer shall expire and the office be deemed abolished.

REGISTRATION AND ELECTIONS

Section 169. Time of holding elections; primary and general. General municipal elections shall be held biennially on the first Tuesday after the fourth Monday in March; primary elections shall be held on the first Tuesday after the first Monday in March biennially. Any matter which, by the terms of this Act, may be submitted to the electors of the City at any special election may be submitted and voted upon at a primary election or at a general municipal election. A general municipal election under the provisions of this Act, shall be held on the first Tuesday after the fourth Monday in March, A.D. 1946, and on the corresponding day of each second year thereafter.

BOARD OF ELECTIONS

Section 170.

I. There is hereby created a Board of Elections for the City of New Smyrna Beach, which shall be hereinafter mentioned as the "Board" and the "City" respectively.

II. The Board shall be composed of five members; the members of the first Board hereinafter named shall hold office for the term hereinafter specifically provided.

III. The first Board shall be composed of: G. B. Thomas, D. M. Scott, J. E. Sweat, J. M. Stevens, A. H. Belote, who shall hold office to and including the 31st day of December, A.D. 1943.

IV. Members of the Board shall be deemed officers of the City.

V. Members of the Board shall be residents of the City, of good moral character, and of the age of 21 years or more. If any member of the Board shall be appointed to fill any municipal office of the City or shall become a candidate for nomination or election for any municipal office, he shall hereby cease to be a member of the Board, and the vacancy shall be filled as hereinafter provided.

VI. Each member of the Board shall, before entering upon the discharge of his official duties, take and subscribe an oath before some person authorized to administer oaths in the City, that he is a resident of the City and that he is qualified to hold office as a member of the Board, and that he will uphold and sustain the constitutions and the laws of the United States and the State of Florida.

VII.The Board shall organize itself by electing from its members the following officers; a Chairman, a Vice-Chairman, and a Secretary, who shall perform the duties usually appertaining to their respective offices; shall establish its office in the City Hall of the City, and shall keep minutes of its meetings.

VII. Within twenty days after this Act takes effect, the Mayor and the City Commission of the City shall provide and equip a suitable office, as required by the Board, in the City Hall of the City for the use of the Board, and the City Clerk shall deliver and turn over to the Board all registration books, ballot boxes, and all other election records and equipment of the City.

IX. A majority of the members of the Board shall constitute a quorum for the exercise and performance of all the powers and duties hereby vested in the Board. A majority of the members of the Board present at any meeting where there is a quorum shall control.

X. Each member of the Board shall receive as compensation for his services as a member of the Board the sum of five dollars ($5.00) per day for each day the registration books of the City are open for registration of voters, and for each day engaged in preparation of ballots, and for each election day and for each day engaged in canvassing the returns of any election, but such compensation shall not exceed in any one year the sum of one hundred dollars ($100.00), and shall receive no other compensation for his services as a member of the-Board.

XI. The first Board of Elections in the City of New Smyrna Beach shall serve to and including the 31st day of December, A.D. 1943. In the event a vacancy occurs upon said first Board by reason of death, resignation or incapacity, or for any other reason, the other members of said Board shall name a successor to serve to and including the 31st day of December, A.D. 1943, and said vacancy shall be filled within fifteen days from the time which it occurs; that on and after the first day of January, A.D. 1944, the City Commission of the City of New Smyrna Beach shall assume, perform and discharge the respective duties of the Board of Elections.

XII. The Board shall conduct, hold, and regulate all municipal elections of every kind, nature or character whatsoever held within the City, or any political subdivision thereof, including general, special, primary, bond, referendum, charter elections, and all other municipal elections.

XIII. No municipal election of any kind, nature or character whatsoever shall be held within the City or any political subdivision thereof, except in accordance with the provisions of this Act and under the supervision and regulation of the Board.

XIV. All powers and duties imposed upon and vested in the Mayor, the City Commission, and the City Clerk by the general and the special laws of the State of Florida applicable to the City, and the ordinances of the City passed in pursuance of said laws, with reference to the registration of voters, conducting, holding, and regulating of municipal elections, be and they are hereby imposed upon and vested in the Board of Elections created by this Act, and it shall perform and exercise all such duties and powers.

XV. Except as otherwise provided by this Act, all municipal elections held within the City, or any political subdivision thereof, shall be conducted in such manner as may be provided for such elections by the general and the special laws of the State of Florida, applicable to the City, and the ordinances of the City passed in pursuance of such laws, provided that such laws and such ordinances shall not conflict with this Act.

XVI. All Acts and things necessary to be done to completely accomplish and carry out the registration of voters, conducting, holding, and regulating municipal elections, and declaring the results thereof are authorized to be done and performed by the Board under the authority of this Act.

XVII. All ballots to be used in any municipal election shall be prepared under the supervision and direction of the Board.

XVIII. The Board shall cause to be printed on the ballot to be used in any primary election in the City, the names of all duly nominated candidates for elective offices except that the Board shall not be required to place upon such ballot the name of any candidate who has no opposition in any primary election.

XIX. Every person who is qualified to vote, shall be a qualified elector at all municipal elections in the City.

XX. Any person who is qualified to vote in a primary election shall without further registration be qualified to vote in the general municipal election immediately following such primary.

XXI. The Board shall cause to be printed on the ballots to be used in any general municipal election in the City, the name of any candidate for an elective office who has been put in nomination as herein provided.

XXII. The Board shall conduct and supervise the registration of voters for all municipal elections. It shall have exclusive charge of the registration of voters for all municipal elections held in the City, and for this purpose, shall open and keep books suitable for such registration of voters. It may appoint, subject to removal at any time by it, a Chief Registration Officer and such zone registration officers for each election zone as may be necessary, properly and accurately to attend to the registration of voters in such election zone, who shall be intelligent, discreet and fairminded persons, residents and electors of the City, but it shall not be necessary that they be residents or electors of the election zone for which they are appointed zone registration officers. The Board shall have power at any time to remove any registration officer whenever it deems proper, and such registration officer, when so removed, shall surrender to the Board all books and papers connected with his office.

The registration books of the City when not being used for the purpose of registration of voters or in the holding of an election shall be in the custody of the Board.

XXIII. The Board shall, in each year in which there is a general municipal election in the City, keep the registration books of the City open for the registration of voters at least five (5) days in each week, and oftener if the Board shall deem necessary, at least from 9:00 o'clock A.M., to 12:00 o'clock P.M., and from 2:00 o'clock P.M. to 5:00 o'clock P.M., for a period of three (3) consecutive weeks next preceding thirty (30) days prior to any primary election held in connection with said general municipal election; and the Board shall keep at least one zone registration officer in each election zone of the City at some convenient and accessible place therein for a period of three (3) weeks next preceding thirty (30) days prior to any primary municipal election as provided for herein; and the Board shall give notice by publication in at least one publication in one (1) newspaper printed in the City five (5) days immediately preceding the time of opening of the registration books, naming the days of the week it will keep said books open and the location of same during such registration period. No person shall be allowed to register for a primary or a general municipal election at any other time than during the time herein provided for keeping open the registration books of the City for the registration of voters.

No transfers shall take place after the registration books are closed. In the event of any re-registration the registration books shall be opened in the respective election zones for thirty (30) days immediately preceding the thirtieth (30th) day prior to any such election, and such additional times as may be determined by the Board of Elections.

XXIV. The Board shall keep the registration books of the City open for the registration of voters in all elections in the City other than general municipal elections and primaries making nominations for such general municipal election for the periods of time and in the manner provided for general municipal elections.

XXV. The Board is hereby empowered to investigate the registration of voters for all elections and to purge the registration books by striking the names of all persons not duly registered according to the provisions of law, and it is hereby empowered to employ such aid and assistance as it may deem necessary to properly and accurately perform these duties. When any name has been stricken from the registration books, a notice thereof shall be mailed to such person at the address given on said registration books, and unless such person presents himself to the Board and establishes that he is entitled to have his name restored, the act of striking said name shall be conclusive that such person is not entitled to vote, unless overruled by the order of a court of competent jurisdiction.

XXVI. The Board shall, on the seventeenth day before any election, certify a list of the candidates in such election whose names are entitled to appear on the ballot as being the list of candidates for nomination or election, or question to be voted upon, as the case may be, together with the names of the offices for which nomination or election is to be made at such election, as the case may be, and shall cause the same to be published, together with notice calling for such election under the provisions of this Act at least ten (10) days before such election, in a newspaper published in the City, which said notice shall contain the time when such election will be held, together with the designation of polling places in the City.

XXVII. For the purpose of carrying on and conducting all municipal elections it shall be the duty of the Board at least seven (7) days prior to the holding of the election to appoint at least three (3) intelligent, discreet and fairminded inspectors of election and one clerk of election for each election zone of the City, who shall be residents and electors of the City, but it shall not be necessary, that they be residents or electors of the election zone for which they are appointed inspectors or clerks of election. The Board shall cause the names of such inspectors and clerks of election to be published in a newspaper published in the City or to be posted in a conspicuous place at the door of the City Hall for at least seven (7) days before the holding of any municipal election. A person who cannot read or write the English language shall not be appointed as an inspector or clerk of election. If any vacancies occur in such appointments, the Board shall immediately make new appointments filling the vacancies and no vacancy shall be filled in any other manner. The inspectors and clerks of election shall each take and subscribe an oath or affirmation which shall be printed or written to the effect that he will perform the duties of inspector or clerk of election according to law and will endeavor to prevent all fraud, deceit and abuse in conducting the election. Such oath shall be returned with the poll list and returns of election to the Board.

XXVIII. The registration books shall be delivered by the Board on or before the date set for holding any election to the inspectors and clerks of the respective election zones to be used by them in such election.

XXIX. At the close of the election at each polling place in each election zone the inspectors and clerk shall immediately proceed to open the ballot box and in the presence of the public, if there be any present who desire to witness the count, count the ballots therein and continue such count, without adjournment or interruption, until the same is completed. The ballots shall be first counted and if the number of ballots shall exceed the number of persons who shall have voted, as may appear by the poll list kept by the clerk and by the stubs detached by the inspectors, the ballots shall be replaced in the box and one of the inspectors shall publicly draw out and destroy unopened and unexamined as many of such ballots as shall be equal to such excess. If two or more ballots shall be found folded together so as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed, and if, upon comparison of the count and the appearance of such ballots, a majority of the inspectors shall be of the opinion that the ballots thus folded together were voted by one person such ballots shall be destroyed.

XXX. The count being completed the result shall be publicly proclaimed. Duplicate certificates of the result of the election shall be drawn up by the inspectors and clerks at each and every election zone, which certificate shall contain in words written at full length the name of each person voted for for such office and the number of votes cast for each person for such office, and if any question shall be submitted to an election such certificate shall also show the number of votes cast for and against such question, and which certificates shall be signed by the inspector and clerk and one of such certificates shall be by one of the inspectors delivered without delay, together with the poll list and the oaths of the inspectors and clerk, the ballot boxes, stubs, memoranda and papers of all kinds used by the inspectors and clerk in conducting such election, sealed up by the inspectors and clerk, to the Board, and the other of such certificates shall be delivered without delay to the City Clerk.

XXXI. Not later than noon of the second day after any election, or sooner, if the returns shall have been received, it shall be the duty of the Board to meet at its office in the City Hall in the City and proceed publicly to canvass the vote given for the several persons as shown by the returns then on file in its office. Such canvass shall be made, solely, exclusively and entirely from the returns, and certificates of the inspectors in each election zone signed and filed by them with the Board, and in no case shall the Board change or vary in any manner the number of votes cast for the candidates respectively in any polling place in the City, as shown by the returns of such polling place, provided that all returns shall be made to the Board on or before the said second day after such election, and if not so returned the vote of all missing zones shall be ignored and the results as shown by the returns then on file shall be certified as herein provided.

XXXII. In case any City officer shall be elected at any election, the Board shall give to the person who shall be elected a certificate of his election, and the Board shall give any person desiring a copy of such returns or any other records in custody of the Board from the record a certified copy thereof or of such part thereof as may be desired, upon the payment to it of the customary fees for copying and certifying papers in the office of the Clerk of the Circuit Court, which said fees shall be paid into the general fund of the City Treasury.

XXXIII. The right to contest any municipal election is hereby created. The election or nomination of any person to a municipal elective office may be contested by any defeated candidate for such office or nomination in the same manner and by the procedure now provided by the laws of the State of Florida for the contest of the election of any person to the office of County Judge. Any question which may be submitted to the voters of the City may be contested by any qualified elector in the manner provided by law. Provided that nothing herein shall be construed to abrogate or abridge in any way any remedy that may now exist by quo warranto or mandamus, but in such case the proceedings hereinabove provided shall be taken to be alternative or cumulative.

The Board is hereby declared to be a proper party defendant in all matters affecting the truth and accuracy of the election returns.

XXXIV. The Board shall have full exclusive power and authority to police all municipal elections. It may appoint and commission such special officers as it may deem necessary and such officers shall have the same authority as police officers of the City. It may also call upon the Sheriff of Volusia County, Florida, and his deputies, and/or the Chief of Police and the police officers of the City of New Smyrna Beach, and/or all other peace officers within the City, and such officers shall serve in such elections under the direction of the Board.

XXXV. The compensation of the inspectors and clerks shall be not more than five dollars per day and the compensation of the zone registration officers for the registration of voters shall not be more than three dollars per day. The compensation of all other employees of the Board shall be fixed by the Board by resolution.

XXXVI. The compensation of the members of the Board, registration officers, clerks, inspectors, special officers, clerical assistance, and the costs of calling election, registering of voters, conducting the election, declaring the result thereof, and any and all expenses incidental to the holding of any election shall be paid by the City out of the general fund upon vouchers therefor approved by the Board and filed with the City Clerk.

XXXVII. The Board shall have power and authority to make by resolution any additional rules and regulations concerning electors and elections in the City as may be necessary for the full and complete exercise of the powers and authority herein vested in the Board, which such rules and regulations shall be as valid as if specifically provided by this Act, provided that such rules and regulations shall not conflict with the provisions of law.

Section 171. Registration book: who may vote. The Board of Elections shall keep books in duplicate in which shall be entered the names of all the qualified electors of the City who shall in person make application for registration, and only duly registered electors shall be permitted to vote at any election, providing that all persons shall register or re-register, as the case may be, in the registration books herein provided for and in the manner herein provided, before they shall be considered qualified electors of the City. Provided that a complete re-registration of the qualified electors of the respective zones in the City shall be had before any special or general municipal election shall be held under the provisions of this Act after the effective date of this Act, provided further that the Board of Elections may, by resolution, require a re-registration of the qualified electors of the City once every two years and shall require re-registration every four years.

That there shall be a complete new set of registration books established in each zone of the City hereby established, and that all qualified electors of the respective zones of the City shall, in accordance with the provisions for registration herein provided for register in said new registration books in order to be allowed to vote at the next general municipal election on the 26th day of October, A.D. 1943; and only such qualified electors who shall register in such new registration books shall be qualified to vote in the said general municipal election on the 26th day of October, A.D. 1943, and the primary election in connection therewith.

Section 172. Who may register. Every person entitled to vote for members of the Legislature, by the laws of the State, who is or will be twenty-one years of age, and who will have resided within the territorial boundaries of the City of New Smyrna Beach for six months prior to the day of election, for which such registration books are open, shall be entitled to register. Nothing herein shall be construed to require State and County registration as a prerequisite to registration in the City.

Section 173. Oath of registrant. Every person applying for registration shall take and subscribe to the following oath which may be administered by the registration officer, to-wit:

"I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and of the State of Florida, that I have been a resident of the State of Florida for twelve months; that I am twenty-one years of age, or will be prior to the day of election to be held on the _____ day of ________, A.D. ___, and prior to said date of election I will have been a resident of the City of New Smyrna Beach for six months, and am otherwise qualified to vote under the Constitution and the Laws of the State of Florida, so help me God."

Section 174. Revision of registration book. Immediately upon closing the registration books, the Board of Elections shall prepare for each zone a list or lists in alphabetical order of the names of all registered voters with their respective addresses, leaving off the names of all persons who have died or removed from the City or who are otherwise disqualified to vote. Immediately upon the completion of such list or lists, the Board of Elections shall cause said list or lists to be published in a newspaper published in the City at least fifteen days prior to the date of the election, giving notice that they will meet at a certain place within the City ten (10) days before the date of election, for the purpose of restoring any name or names to such registration books as may have been improperly stricken or removed from the same. The registration book or books, as the record of registered voters qualified to vote at such City election and the Board of Elections shall prepare a list or lists of said qualified registered voters, in alphabetical order, to be transmitted to the inspectors and clerks of the election in the respective zones, together with the duplicate registration book. The original registration books shall always remain in the office of the Board of Elections.

Section 175. Voting machines. Voting machines which comply with the General Election Laws of the State of Florida now or which may hereafter be enacted, shall be used at all City elections in accordance with the Laws of the State of Florida in regards to use of voting machines in elections.

Section 176. Challenges and watchers.

(a) Challenges. Any qualified elector of any general or special election, including any election at which any subject or question is submitted to a vote of the electors of the City of New Smyrna Beach, or any qualified elector of the City of New Smyrna Beach, shall have the right to challenge any person offering to vote in any such election, as to the qualifications of such person to vote in any such election; and it shall be the duty of the inspectors of such election to cause the person so offering to vote to be sworn and to require him to answer any question the inspectors, the Clerk or the person challenging him shall ask touching his qualifications to vote in such election; and if he shall refuse to answer any questions so propounded, he shall not be entitled to vote, and if he answers falsely, he shall be guilty of perjury.

Any qualified elector of the City of New Smyrna Beach, desiring to challenge a person offering to vote as above set forth, shall have the right to approach within five feet of the ballot box in order that he may communicate his challenge to the inspectors in person, and anyone who shall interfere with an elector in the exercise of the right of challenge, as above set forth, shall be guilty of a misdemeanor.

(b) Watchers of elections. In all municipal elections held in the City of New Smyrna Beach, general or special, each candidate participating in such election shall be entitled to one watcher, who shall at a time during the day of the election, and until the final count and tally of votes is made by the inspectors of election, be allowed and permitted to remain within the polling places and at all times sufficiently near the inspectors of election to see and observe the actions, manners and conduct of the inspectors of election, and the holding of such election, and the calling and tally of all votes cast. And such persons herein designated as watchers shall also have the right and privilege of challenging any elector's right to vote, which said challenges shall be handled in the manner hereinbefore provided. And any inspector of election or other officer or person failing or refusing to observe the provisions of this Section, or violating any of the terms hereof, shall be deemed and held guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, within the discretion of the Court.

Section 177. Elections; how arranged for; inspectors and clerks; publishing notice. The Board of Elections shall make all necessary arrangements for holding all City elections, and shall declare the result thereof. Inspectors and clerks of election shall be appointed by the Board of Elections in accordance with the General Election Laws of the State of Florida. The Board of Elections shall issue a proclamation calling any general, primary or special election, except as herein otherwise provided for, stating therein where the same shall be held, and naming the different offices to be filled or questions to be decided and shall cause the same to be published once a week for two (2) consecutive weeks immediately preceding the day of election, in a newspaper published in the City, the first publication to be not less than fourteen (14) days prior to said election.

Section 178. Ballots The ballots shall conform as nearly as possible to the form of ballots prescribed by the General Election Laws of the State of Florida.

Section 179. Nomination of candidates-petitions for place on primary ballot. Candidates for the office of City Commissioner shall be nominated only by a non-partisan primary election. The name of any elector of the City shall be printed upon the primary ballot if there is filed with the Board of Elections a petition in accordance with the following provisions, to-wit:

(a)

Such petition shall state the name of each person whose name is presented for a place upon the ballot and that he is a candidate for the office of City Commission for the City of New Smyrna Beach, Florida, from the zone named in such petition

(b)

Such petition shall be signed by at least twenty-five duly registered, qualified electors of the zone in which the person whose name is so presented as a candidate is a resident

(c)

Each elector signing a petition shall add to his signature the date of signing. All signatures shall be made with ink or indelible pencil.

(d)

The signatures of all the petitioners need not be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof, stating the number of signers thereto; that each person signed in his presence on the date mentioned, and that the signature is that of the person whose name it purports to be.

(e)

Such petitions shall also be signed by at least ten (10) duly registered, qualified electors of each of the other zones in the City in which the candidate is not a resident.

(f)

Such petition shall not be signed by an elector more than forty-five days prior to the day of such primary election and such petition shall be filed with the Board of Elections not less than twenty-five (25) days previous to the day of such election.

Section 180. Acceptance by candidate. Any person whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy, together with his affidavit to the effect that he is qualified to vote at such election, with the Board of Elections not later than fifteen (15) days previous to such primary election; otherwise his name shall not appear upon the ballot.

Section 181. Nomination and election-procedure when tie vote,-when primary election unnecessary. The candidates for nomination to the office of City Commissioner in each zone who shall receive the greatest vote in such primary election shall be placed upon the ballot at the next general municipal election in number not to exceed twice the number of vacancies in the City Commission to be filled in each zone, and the candidates at the general municipal election, not exceeding the number of places in each zone to be filled, who shall receive the greatest number of votes at such general municipal election for the office of City Commissioner from that zone shall be declared elected City Commissioner from that zone. A tie between two or more candidates for City Commissioner in any zone shall be decided by lot, to be conducted by the City Attorney. When there are less than three persons nominated by petition in any zone, as set forth in Section 179, then and in that event no primary shall be held in that zone and the Board of Elections shall declare the persons so nominated by petition as aforesaid, as nominees for the office of City Commissioner, at the general municipal election; however, if more than two persons are nominated by petition, in any zone, as aforesaid, then it shall be the duty of the Board of Elections to hold a primary election in any zone, as aforesaid.

Section 182. When term of office commences. Officers elect shall assume their duties on the first Monday in April following the date of their election, after the general election in March, 1946.

Section 183. General laws to apply. All elections shall be conducted, except as otherwise specifically provided under this Act, under the rules and conditions prescribed by law, and subject to the general election laws of the State.

Section 184. Pernicious political activities.

(a) It shall be unlawful for any person to intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of City Commissioner at any election held solely or in part for the purpose of selecting a City Commissioner from any zone in the City.

(b) It shall be unlawful for any person employed in any administrative position by the City or by any department, independent agency, or other agency of the City to use his official authority for the purpose of interfering with, or affecting the election or the nomination of any candidate for the office of City Commissioner from any zone in the City.

(c) It shall be unlawful for any person, directly or indirectly, to promise any employment, position, work, compensation, or other benefit, provided for or made possible in whole or in part by any resolution or ordinance of the City Commission, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate in any election.

(d) It shall be unlawful for any person to deprive, attempt to deprive or threaten to deprive, by any means, any person of any employment, position, work, compensation, or any other benefit provided for, or made possible by any resolution or Ordinance of the City Commission appropriating funds for work or relief on account of race, creed, color, or political activity, support of, or opposition to any candidate in any election.

(e) It shall be unlawful for any person employed in the executive branch of the City government or any agency or department thereof to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects. For the purpose of this section the term "officer" or "employee" shall not be construed to include any of the City Commissioners.

(f) Any person who violates any of the foregoing provisions of this Section upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than sixty (60) days, or both and may be prosecuted in any Court of the State of Florida having jurisdiction, or in the Municipal Court of the City of New Smyrna Beach, Florida.

Section 185. Service of utilities to consumers outside of city. The City shall have power to supply water, electricity, garbage and trash collections, and gas for domestic and other purposes, to individuals, firms and corporations outside said City, and to charge and collect reasonable rates, prices and compensation therefor, but the City may charge a rate not more than twenty-five per cent higher to such consumers than is charged for a like class of service to a like class of consumers within the City limits.

Section 186. Compensation of mayor and city commissioners. The members of the City Commission shall receive the sum of Two Hundred Dollars ($200.00) annually payable quarterly except the Mayor of the City of New Smyrna Beach who shall receive the sum of Three Hundred Dollars ($300.00) annually, payable quarterly, together with such necessary expenses incurred in and about said office, which said expenses shall be approved by the City Commission. The compensation herein provided for the Mayor shall constitute his compensation in full for services as Mayor and Commissioner.

Section 187. Authorizing the city commission to adjust all delinquent taxes and special assessments. The City Commission of the City of New Smyrna Beach is hereby authorized and empowered to sit and act as a Delinquent Tax Adjustment Board having authority to adjust, compromise and settle delinquent municipal taxes and special assessments on real estate and personal property in said City which are more than two years old. Said City Commission shall be authorized to hear applications for compromise, adjustment and settlement for said delinquent municipal taxes and special assessments at the regular meeting of the City Commission, or at special meetings called by the Mayor or any three members of the City Commission.

Section 188. City liable for gross negligence only. That no person shall have a cause of action for damages against the City of New Smyrna Beach for injury, death, or less, in case of accident, unless such accident shall have been caused by the gross negligence of the City of New Smyrna Beach or its duly authorized officials or employees and unless such gross negligence was the proximate cause of the injury, death or less for which the action is brought.

Section 189. Entry on docket sufficient for trial. Entry of the charge on the Docket of the Municipal Court of the City of New Smyrna Beach shall be sufficient for the purpose of trying any person charged with an offense against the City Ordinances.

Section 190. Fixing fire limits. The City of New Smyrna Beach is hereby empowered to fix and establish fire limits and to prescribe rules and regulations for the erection and repair of buildings in all of the area contiguous thereto within five miles of the corporate limits. Such powers shall be exercised and enforced by the City of New Smyrna Beach in the same manner and in all respects whatsoever as such powers are now exercised and enforced within the corporate limits. The City of New Smyrna Beach is hereby authorized to exercise its police powers and jurisdiction in all of the area contiguous thereto within five miles of the corporate limits for the purpose of enforcing any and all Ordinances enacted pursuant to the power hereby granted. The exercise of such powers and jurisdiction beyond the City limits shall not extend to or operate within the corporate limits of any adjacent or neighboring municipality.

Section 191. Requirements of bonds for city commissioners. Each City Commissioner shall, before assuming the duties of his office, give bond with surety company duly authorized to do business in the State of Florida, in a sum not less than One Thousand Dollars ($1,000.00) payable to the Governor of the State of Florida, and his successors in office, conditioned for the faithful performance of the duties of his office, which shall be approved by the Clerk of the Circuit Court of Volusia County, Florida, and filed and deposited with the Clerk of the Circuit Court of Volusia County, Florida, for safe keeping. The Clerk of the Circuit Court of Volusia County, Florida, shall issue a certificate showing compliance with this Section, which certificate shall be filed by the respective City Commissioners with the City Clerk. The premium for such surety bond so given shall be paid by the City.

Section 192. Provision in the event of a vacancy in the office of city manager. In the event that the City Commission should fail to appoint a permanent City Manager or in the event the position of City Manager should become vacant by reason of resignation, death or disability, then the City Commission may appoint an Acting City Manager who shall be vested with all the powers of the City Manager. The City Clerk may perform the duties of an Acting City Manager.

Section 193. Lease or sale of any utilities owned by the municipality. Before any now existing or any future municipal owned utility shall be sold or leased, the ordinance granting same shall not become a law or effective in any way until the same has been approved at an election of the duly registered and qualified electors who are freeholders of the City of New Smyrna Beach, held therefor, at which election at least seventy-five per cent (75%) of the qualified electors, who are freeholders of the City of New Smyrna Beach, shall participate, and at least seventy-five per cent (75 %) of the qualified electors, who are freeholders of the City of New Smyrna Beach, shall approve same; and the question of it being sold or leased shall not be submitted to such vote except upon deposit with the City Manager by the applicant for such sale or lease, the expenses of such submission, such expenses to be determined by the City Commission.

Section 194. Authority to contract with the United States. The City of New Smyrna Beach hereby created and established, shall have power by and through its City Commission herein created, to enter into contracts with the United States of America or any department, independent agency or other agency of the United States, including any corporation controlled by the United States, or any agency thereof, to purchase, to lease, to acquire property, real and personal, within or without the limits of the territorial boundaries of said City, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said City and to enter into such contracts in connection therewith as may be determined by the City Commission.

Section 195. Authority to acquire, construct, own and operate a golf course or golf courses.

(a) That the City of New Smyrna Beach, situate, lying and being in Volusia County, Florida, shall have the power and is hereby authorized to acquire, construct, own and operate a Golf Course or Golf Courses and all such buildings and improvements as said City may deem necessary or desirable for use in connection therewith, within or outside the limits of said City; to use any lands now owned by said City for the purpose of a Golf Course or Golf Courses and to acquire by purchase, lease, condemnation or otherwise lands for such purposes and to own such lands within or outside the limits of said City as it may deem necessary or desirable for the aforesaid purposes; that said City of New Smyrna Beach may charge reasonable admission to or rentals or fees for the use or enjoyment of such Golf Course or Golf Courses by the users thereof and may prescribe reasonable rules and regulations for the use and operation thereof.

(b) That said City of New Smyrna Beach, in connection with its ownership and operation of said Golf Course or Golf Courses, is hereby authorized and empowered to purchase and acquire, lease and own any and all such equipment to be used in connection with the ownership and operation of such Golf Course or Golf Courses as said City may deem necessary or desirable for use in connection therewith.

(e) That said City of New Smyrna Beach is hereby authorized and empowered to take and acquire by condemnation by right of eminent domain any lands or property within or outside the limits of said City which it may deem necessary or desirable, except State or Federal, for use by said City for the purposes mentioned in subsection (a) hereof, and the absolute fee simple title to all property so taken and acquired by said City hereunder shall vest in said City unless said City seeks to condemn or acquire a part or lesser right or estate in such property.

Section 196. Territory formerly included within the corporate limits of the town of Coronado Beach. That no real or personal property within the territory formerly included within the corporate limits of the Town of Coronado Beach shall be liable for or taxed to pay any bonded indebtedness of the former City of New Smyrna, Florida, existing at the time of the passage of Chapter 10946, Laws of Florida, Acts of 1925.

Section 197. Manner of selling and disposing of any marsh land owned by the City of New Smyrna Beach.

(a) That whenever the City Commission of the City of New Smyrna Beach, a municipality situate and being in Volusia County, Florida, shall by resolution, determine it to be for the best interest of the City of New Smyrna Beach to sell or dispose of any or all marsh lands now owned by the City of New Smyrna Beach, including those heretofore acquired from the Trustees of the Internal Improvement Fund of the State of Florida, the City Commission of the City of New Smyrna Beach shall by resolution, call an election to be held in the City of New Smyrna Beach to determine whether or not such contemplated sale shall be made.

(b) That any election so called by the City Commission of the City of New Smyrna Beach for the purpose of determining whether or not any marsh lands, as specified in this Act, shall be disposed of or sold by the City of New Smyrna Beach, shall be held in the manner that franchise elections may now be held in the City of New Smyrna Beach, except that no marsh lands shall be sold or disposed of unless and until at least two-thirds of all the freeholders who are qualified electors of said City shall vote in favor of such sale or disposal.

Section 198. No employees shall be employed later than sixty days prior to any general municipal election. That no employees shall be employed by the City or any department thereof later than sixty (60) days prior to any general municipal election, except to fill a vacancy that may occur during said sixty (60) day period.

Section 199. Zone boundaries The City of New Smyrna Beach shall be, and is hereby, divided into zones, to be known and designated as follows:

Zone One. All that portion of the City of New Smyrna Beach lying Westerly of the Florida East Coast Railroad main line to the Westerly line of the City limits shall be hereafter known, and is hereby designated as Zone Number One.

Zone Two. All that portion of the City of New Smyrna Beach lying Easterly of the Florida East Coast Railroad main line to the Easterly line of the City limits, lying between the center line of Ronnoc Lane and an extension of said center line of Ronnoc Lane to the Easterly line of the City limits and the Northerly line of the City limits shall be hereafter known, and is hereby designated as Zone Number Two.

Zone Three. All that portion of the City of New Smyrna Beach, lying Easterly of the Florida East Coast Railroad main line to the Easterly line of the City limits, lying between the center line of Canal Street and an extension of said center line of Canal Street to the Easterly line of the City limits, and the center line of Ronnoc Lane and an extension of said center line of Ronnoc Lane to the Easterly line of the City limits shall be hereafter known and is hereby designated as Zone Number Three.

Zone Four. All that portion of the City of New Smyrna Beach lying Easterly of the Florida East Coast Railroad main line to the Easterly line of the City limits, lying between the center line of Canal Street and an extension of said center line of Canal Street to the Easterly line of the City limits, and the center line of Andrews Street and an extension of said center line of Andrews Street to the Easterly line of the City limits and an extension of said center line of Andrews Street Westerly to the Florida East Coast Railroad main line shall be hereafter be known, and is hereby designated as Zone Number Four.

Zone Five. All that portion of the City of New Smyrna Beach lying Easterly of the Florida East Coast Railroad main line to the Easterly line of the City limits, lying between the center line of Andrews Street and an extension of said center line of Andrews Street to the Easterly line of the City limits, and an extension of said center line of Andrews Street Westerly to the Florida East Coast Railroad main line, and the Southerly line of the City limits shall be hereafter known, and is hereby designated as Zone Number Five.

Section 200. First city commission. That W. E. Swoope, C. A. Taylor, C. E. Griffin, H. K. Pierson, and Frank F. Lee shall be and constitute and are hereby named and designated as the first City Commission under this Act and they shall serve as City Commissioners under this Act until 8:00 o'clock P.M. of the 1st day of November, A.D. 1943.

The said W. E. Swoope shall be, and he is hereby declared City Commissioner of Zone One as created by this Act.

The said C. A. Taylor shall be, and he is hereby declared City Commissioner of Zone Two as created by this Act.

The said C. E. Griffin shall be, and he is hereby declared City Commissioner of Zone Three as created by this Act.

The said H. K. Pierson shall be, and he is hereby declared City Commissioner of Zone Four as created by this Act.

The said Frank F. Lee shall be, and he is hereby declared City Commissioner of Zone Five as created by this Act.

The members of the first City Commission herein named shall qualify as provided for in this Act within seven (7) days after this Act becomes effective, by filing in the office of the Secretary of the State of Florida, a duplicate Oath of Office and a duplicate Certificate from the Clerk of the Circuit Court of Volusia County, Florida, as to his approval of the official Bond. In the event any member should not so qualify within said seven (7) day period, said office shall be declared vacant by the Governor of the State of Florida, and the Governor shall thereupon proceed to fill said office as herein provided.

Should any vacancy or vacancies occur in this said first City Commission under this Act by reason of death, resignation or otherwise, said vacancy or vacancies shall be filled by the Governor of the State of Florida who shall appoint some qualified person, or persons to fill such vacancy or vacancies.

At 8:00 o'clock P.M. on the fourteenth day after this Act becomes effective, the said W. E. Swoope, C. A. Taylor, C. E. Griffin, H. K. Pierson and Frank F. Lee, shall meet for the purpose of organization, and constitute themselves the City Commission of the City of New Smyrna Beach. At said organization meeting, the newly organized and constituted City Commission shall appoint the officers of the City of New Smyrna Beach provided for under the provisions of this Act, and shall elect one of its members as Mayor of the City to serve until the 1st day of November, A.D. 1943.

At the next general municipal election of the City of New Smyrna Beach hereafter, as hereinafter provided, one Commissioner shall be elected by the qualified electors of Zone One to represent that Zone on the City Commission; and one Commissioner shall be elected by the qualified electors of Zone Two to represent that Zone on the City Commission; and one Commissioner shall be elected by the qualified electors of Zone Three to represent that Zone on the City Commission; and one Commissioner shall be elected by the qualified electors of Zone Four to represent that Zone on the City Commission; and one Commissioner shall be elected by the qualified electors of Zone Five to represent that Zone on the City Commission, and the five Commissioners so elected at the next general municipal election on the 26th day of October, A.D. 1943, representing each of the five zones created and established by this Act, shall take office and shall hold office until the first Monday in April, A.D. 1946, or until their successors are elected and qualified under the provisions of this Act.

That the next general municipal election provided for herein shall be held on the 26th day of October, A.D. 1943, primary election in connection therewith as provided for in this Act shall be held on the 5th day of October, A.D. 1943, and candidates for the office of City Commissioner from said respective zones in said primary election shall be nominated as provided for in Section 179 of this Act.

That the first biennial general municipal election under this Act shall be held on the first Tuesday after the fourth Monday in March, A.D. 1946, as herein provided and on the corresponding day of each second year thereafter.

Section 201. Discharge and removal of employees. Any person employed in the executive branch of the City Government or any agency or department thereof, who violates any of the provisions of Section 184 of this Act, shall be forthwith discharged and removed by the City Manager as provided for in this Act. Said person may demand written charges, and a public hearing upon the same may be held by the City Commission and his final discharge and removal shall not take effect until such hearing has been held, but the City Commission may suspend him from office pending such hearing.

Section 202. Electors in armed forces of the United States of America shall not be purged from the registration books. Any elector who is now or may hereafter be in the armed forces of the United States of America shall not be purged from the registration books of the City while in said armed forces, but the name of said elector shall be carried forward on said registration books of the City notwithstanding any re-registration that may be had or provided for under the provisions of this Act or any Ordinance of the City.

Section 203. Refusal to deliver up books or office. That any Commissioner, Officer or employee or any deputy of any officer or employee of the City, abolished by this Act, who fails or refuses to deliver up his office or any books, papers or public records thereof, or pertaining thereto, to the City Commissioners appointed in this Act, or to the appointees of such City Commissioners, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Five Hundred Dollars ($500.00) and by imprisonment in the County Jail for a period of six (6) months.

Section 204. Ordinances. That the Ordinances of the former City of New Smyrna Beach, abolished by this Act, shall be and become the Ordinances of the City of New Smyrna Beach hereby organized, created and established, until altered, amended, modified or repealed by the City Commission of the City of New Smyrna Beach hereby created, established and organized.

Section 205. General laws to apply. All general laws of the State, applicable to municipal corporations, now or which may hereafter be enacted and which are not in conflict with the provisions of this Act or with the Ordinances or Resolutions hereafter enacted by the City Commission, shall be applicable to the City of New Smyrna Beach; provided, however, that nothing contained in this Act shall be construed as limiting the powers of the City Commission to enact any Ordinance or Resolution not in conflict with the Constitution of the State or with the express provisions of this Act.

Section 206. Saving clause. If any section, sub-section, sentence, clause, phrase, or word of this Act is for any reason held or declared to be unconstitutional, inoperative or void, such holding invalidity shall not affect the remaining portions of this Act, and it shall be construed to have been the legislative intent to pass this Act without such unconstitutional, inoperative or invalid part therein; and the remainder of this Act, after the exclusion of such part or parts, shall be deemed and held to be as valid as if such excluded parts had not been included herein; or if this Act or any provision thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstance or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstance.

Section 207. All laws and parts of laws in conflict herewith insofar as they apply to the City of New Smyrna Beach be, and the same are, hereby repealed.

Section 208. That this Act shall take effect immediately upon its passage and approval by the Governor of the State of Florida, or becoming a law without such approval.

Approved by the Governor May 19, 1943.

Filed in Office Secretary of State, Hay 20, 1943.

1951 AMENDMENTS TO THE CITY CHARTER

CHAPTER 27767 (1951)-(No. 1288)
SENATE BILL NO. 1095

AN ACT Relating to Municipal Elections in the City of New Smyrna Beach, in the County of Volusia, State of Florida and Amending Section 181 of Chapter 22408 of the Laws of Florida of 1943, Entitled "An Act to Abolish the Present Municipality of the City of New Smyrna Beach, in Volusia County, Florida, and to Create, Establish and Organize a Municipality to be Known and Designated as the City of New Smyrna Beach, Volusia County, Florida: to Define Its Territorial Boundaries, and to Provide for Its Government, Jurisdiction, Powers, Franchises and Privileges: and to Designate the First Members of the City Commission to Serve Until the Next General Municipal Election" the Same Being the Present Charter of the City of New Smyrna Beach, Florida.

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

Section 1. That Section 181 of Chapter 22408 of the Laws of Florida of 1943 be and the same is hereby amended so as to read as follows:

"Section 181. Nomination and election procedure when tie vote. When primary election unnecessary.

"When there are less than three persons nominated by petition in any zone, as set forth in Section 179 hereof, then and in that event no primary election shall be held in that zone and the Board of Elections shall declare the person or persons so nominated by petition as aforesaid, as nominee or nominees for the office of City Commissioner at the general municipal election; however, if more than two persons are nominated by petition, in any zone, as aforesaid, then it shall be the duty of the Board of Elections to hold a primary election in any such zone. The candidates for nomination to the office of City Commissioner in each zone who shall receive the greatest vote in such primary election shall be placed upon the ballot at the next general municipal election in number not to exceed twice the number of vacancies in the City Commission to be filled in each zone, and the candidates at the general municipal election, not exceeding the number of places in each zone to be filled, who shall receive the greatest number of votes at such general municipal election for the office of City Commissioner from that zone shall be declared elected City Commissioner from that zone. Provided, however, that if and when a candidate for the City Commission in a primary election receives a greater number of votes in and at said primary election, than the combined votes of all of the other candidates for the City Commission in said primary election, in said zone, then and in that event, the candidate receiving the majority of all of the votes cast in that zone in said primary election shall be declared to be elected as City Commissioner from said zone by the Board of Elections, and in such event no general election shall be held in that zone. A tie between two or more candidates for City Commissioner in any zone shall be determined in a special election in such zone, to be held in accordance with the provisions of this Act."

Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Section 3. That this Act shall take effect immediately upon the approval of the Governor or upon becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 11, 1951.

CHAPTER 27768 (1951)-(No. 1289)
SENATE BILL NO. 1098

AN ACT Relating to the Publication of Ordinances of the City of New Smyrna Beach in Volusia County, Florida, and Amending Section 27 of Chapter 22408 of the Laws of Florida of 1943, Entitled, "An Act to Abolish the Present Municipality of the City of New Smyrna Beach, in Volusia County, Florida, and to Create, Establish and Organize a Municipality to be Known and Designated as the City of New Smyrna Beach, in Volusia County, Florida: to Define Its Territorial Boundaries, and to Provide for Its Government, Jurisdiction, Powers, Franchises and Privileges: and to Designate the First Members of the City Commission to Serve Until the Next General Municipal Election" the Same Being the Present Charter of the City of New Smyrna Beach, Florida.

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

Section 1. That Section 27 of Chapter 22408 of the Laws of Florida of 1943 be and the same is hereby amended so as to read as follows:

"Section 27. Mode of pbulication of ordinances.

"All of the above mentioned publications, as well as all other newspaper publications made by the City shall be printed in a newspaper of general circulation in the municipality and shall be set in six point type, set solid and under headlines set in six point boldface, specifying the nature of the publication".

Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Section 3. That this Act shall take effect immediately upon the approval of the Governor or upon becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 11, 1951.

CHAPTER 27769 (1951) - (No. 1290)
SENATE BILL NO. 1147

AN ACT Excluding From the Territorial Limits of the City of New Smyrna Beach Certain Portions of Its Incorporated Territory.

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

Section 1. That the territorial limits of the City of New Smyrna Beach are hereby contracted by excluding from the corporate limits and jurisdiction the portion or portions of its incorporated territory, described as follows:

Lots One (1) and Two (2) in Section Thirty-one (31), Township Seventeen (17) South of Range Thirty-four (34) East; and also

Lots Two (2), Three (3), Four (4), Five (5) and Six (6) in Section Thirty (30), Township Seventeen (17) South of Range Thirty-four (34) East; and also

Lots Thirty-eight (38), Thirty-nine (39), Forty (40), Forty-one (41), Forty-two (42) and Forty-three (43) of the MODEL LAND COMPANY'S SUBDIVISION according to the map or plat of said subdivision recorded in the office of and on file with the Clerk of the Circuit Court of Volusia County, Florida in Map Book 4, page 9.

1955 AMENDMENTS TO THE CITY CHARTER

CHAPTER 31030 (1955)
SENATE BILL NO. 806

AN ACT relating to the City of New Smyrna Beach, Volusia County, Florida; repealing Sections 170, 171, 172, 173, 174, 175 and 176, Chapter 13 of Chapter 22408, Laws of Florida, Acts of 1943, pertaining to Registration of Electors, maintenance of Registration Books and conducting of Municipal Elections hereafter held in said City; providing for Municipal Registration Books to be maintained by the Supervisor of Registration of Volusia County, Florida; adopting the Permanent Registration System as provided by Section 98.091, Florida Statutes, and providing that the Qualification of Electors, the Registration of Voters, the Oaths of Registrants, the Maintenance of Registration Books, the Use of Voting Machines, Challenges to Voters, and Watchers of Elections, shall be governed by the Provisions of the General Laws of the State of Florida.

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

Section 1. Sections 170, 171, 172, 173, 174, 175 and 176, Chapter 13 of Chapter 22408, Laws of Florida, Acts of 1943, are hereby repealed.

Section 2. A new section, Section 170, is added to Chapter 13 of Chapter 22408, Laws of Florida, Acts of 1943 to read:

Section 170.

I. There is hereby created a Board of Elections for the City of New Smyrna Beach, which shall be hereinafter mentioned as the "Board" and the "City" respectively.

II. The Board shall be composed of five members; the members of the first Board hereinafter named shall hold office for the term hereinafter specifically provided.

III. The first Board shall be composed of: G.B. Thomas, D. M. Scott, J. E. Sweat, J. M. Stevens, A. H. Belote, who shall hold office to and including the 31st day of December, A.D. 1943.

IV. Members of the Board shall be deemed officers of the City.

V. Members of the Board shall be residents of the City, of good moral character and of the age of 21 years or more and shall be appointed by the City Commission for the purpose of performing the duties as hereinafter provided.

VI. Each member of the Board shall, before entering upon the discharge of his official duties, take and subscribe an oath before some person authorized to administer oaths in the City, that he is a resident of the City and that he is qualified to hold office as a member of the Board, and that he will uphold and sustain the constitutions and the laws of the United States and the State of Florida.

VII. The Board shall organize itself by electing from its members the following officers; a Chairman, a Vice-Chairman, and a Secretary, who shall perform the duties usually appertaining to their respective officers; shall establish its office in the City Hall of the City, and shall keep minutes of its meetings.

VIII. Within twenty days after this Act takes effect, the Mayor and the City Commission of the City shall provide and equip a suitable office, as required by the Board, in the City Hall of the City for the use of the Board.

IX. A majority of the members of the Board shall constitute a quorum for the exercise and performance of all the powers and duties hereby vested in the Board. A majority of the members of the Board present at any meeting where there is a quorum shall control.

X. Each member of the Board shall receive as compensation for his services as a member of the Board the sum of five dollars ($5.00) per day, for each day engaged in preparation of ballots, and for each election day and for each day engaged in canvassing the returns of any election, but such compensation shall not exceed in any one year the sum of one hundred dollars ($100.00), and shall receive no other compensation for his services as a member of the Board.

XI. The first Board of Elections in the City of New Smyrna Beach shall serve to and including the 31st day of December, A.D. 1943. In the event a vacancy occurs upon said first Board by reason of death, resignation or incapacity;, or for any other reason, the other members of said Board shall name a successor to serve to and including the 31st day of December, A.D. 1943, and said vacancy shall be filled within fifteen days from the time which it occurs; that on and after the first day of January, A.D. 1944, the City Commission of the City of New Smyrna Beach shall assume, perform and discharge the respective duties of the Board of Elections.

XII. The Board shall conduct, hold, and regulate all municipal elections of every kind, nature or character whatsoever held within the City, or any political subdivision thereof, including general, special, primary, bond, referendum, charter elections, and all other municipal elections.

XIII. No municipal election of any kind, nature or character whatsoever shall be held within the City or any political subdivision thereof, except in accordance with the provisions of this Act and under the supervision and regulation of the Board.

XIV. All powers and duties imposed upon and vested in the Mayor, the City Commission, and the City Clerk by the general and the special laws of the State of Florida applicable to the City, and the ordinances of the City passed in pursuance of said laws, with reference to conducting, holding, and regulating of municipal elections, be and they are hereby imposed upon and vested in the Board of Elections created by this Act, and it shall perform and exercise all such duties and powers.

XV. Except as otherwise provided by this Act, all municipal elections held within the City, or any political subdivision thereof, shall be conducted in such manner as may be provided for such elections by the general and the special laws of the State of Florida, applicable to the City, and the ordinances of the City passed in pursuance of such laws, provided that such laws and such ordinances shall not conflict with this Act.

XVI. All Acts and things necessary to be done to completely accomplish and carry out the conducting, holding, and regulating municipal elections, and declaring the results thereof are authorized to be done and performed by the Board under the authority of this Act.

XVII. All ballots to be used in any municipal election shall be prepared under the supervision and direction of the Board.

XVIII. The Board shall cause to be printed on the ballot to be used in any primary election in the City the names of all duly nominated candidates for elective offices except that the Board shall not be required to place upon such ballot the name of any candidate who has no opposition in any primary election.

XIX. Every person who is qualified to vote, shall be a qualified elector at all municipal elections in the City.

XX. Any person who is qualified to vote in a primary election shall without further registration be qualified to vote in the general municipal election immediately following such primary.

XXI. The Board shall cause to be printed on the ballots to be used in any general municipal election in the City, the name of any candidate for an elective office who has been put in nomination as herein provided.

XXII. The Board shall give notice by publication in at least one publication in one newspaper printed in the City, at least sixty (60) days immediately preceding any election, of the times and places where electors may register.

XXIII. The Board shall not less than fifteen (15) days before any election, certify a list of the candidates in such election whose names are entitled to appear on the ballot as being the list of candidates for nomination or election, or question to be voted upon, as the case may be, together with the names of the offices for which nomination or election is to be made at such election, as the case may be, and shall cause the same to be published, together with notice calling for such election under the provisions of this Act at least seven (7) days before such election, in a newspaper published in the City, which said notice shall contain the time when such election will be held, together with the designation of polling places in the City.

XXIV. For the purpose of carrying on and conducting all municipal elections it shall be the duty of the Board at least seven (7) days prior to the holding of the election to appoint at least three (3) intelligent, discreet and fairminded inspectors of election and one clerk of election for each election zone of the City, who shall be residents and electors of the City, but it shall not be necessary that they be residents or electors of the election zone for which they are appointed inspectors or clerks of election. The Board shall cause the names of such inspectors and clerks of election to be published in a newspaper published in the City or to be posted in a conspicuous place at the door of the City Hall for at least seven (7) days before the holding of any municipal election. A person who cannot read or write the English language shall not be appointed as an inspector or clerk of election.

If any vacancies occur in such appointments, the Board shall immediately make new appointments filling the vacancies and no vacancy shall be filled in any other manner. The inspectors and clerks of election shall each take and subscribe an oath or affirmation which shall be printed or written to the effect that he will perform the duties of inspector or clerk of election according to law and will endeavor to prevent all fraud, deceit and abuse in conducting the election. Such oath shall be returned with the poll list and returns of election to the Board.

XXV. The registration books shall be delivered and collected by the Supervisor of Registration, Volusia County, Florida, to and from the inspectors and clerks of the respective election zones, pursuant to the terms of Section 98.091, Florida Statutes.

XXVI. At the close of the election at each polling place in each election zone, the inspectors and clerk shall immediately proceed to canvass the result of the election according to the laws of Florida.

XXVII. Not later than noon of the second day after any election, or sooner, if the returns shall have been received, it shall be the duty of the Board to meet at its office in the City Hall in the City and proceed publicly to canvass the vote given for the several persons as shown by the returns then on file in its office. Such canvass shall be made, solely, exclusively and entirely from the returns, and certificates of the inspectors in each election zone signed and filed by them with the Board, and in no case shall the Board change or vary in any manner the number of votes cast for the candidates respectively in any polling place in the City, as shown by the returns of such polling place, provided that all returns shall be made to the Board on or before the said second day after such election, and if not so returned the vote of all missing zones shall be ignored and the results as shown by the returns then on file shall be certified as herein provided.

XXVIII. In case any City officer shah be elected at any election, the Board shall give to the person who shall be elected a certificate of his election, and the Board shall give any person desiring a copy of such returns or any other records in custody of the Board from the record a certified copy thereof or of such part thereof as may be desired, upon the payment to it of the customary fees for copying and certifying papers in the office of the Clerk of the Circuit Court, which said fees shall be paid into the general hand of the City Treasury.

XXIX. The right to contest any municipal election is hereby created. The election or nomination of any person to a municipal elective office may be contested by any defeated candidate for such office or nomination in the same manner and by the procedure now provided by the laws of the State of Florida for the contest of the election of any person to the office of County Judge. Any question which may be submitted to the voters of the City may be contested by any qualified elector in the manner provided by law. Provided that nothing herein shall be construed to abrogate or abridge in any way any remedy that may now exist by quo warranto or mandamus, but in such case the proceedings hereinabove provided shall be taken to be alternative or cumulative.

The Board is hereby declared to be a proper party defendant in all matters affecting the truth and accuracy of the election returns.

XXX. The Board shall have full exclusive power and authority to police all municipal elections. It may appoint and commission such special officers as it may deem necessary and such officers shall have the same authority as police officers of the City. It may also call upon the Sheriff of Volusia County, Florida, and his deputies, and/or the Chief of Police and the police officers of the City of New Smyrna Beach, and/or all other peace officers within the City, and such officers shall serve in such elections under the direction of the Board.

XXXI. The compensation of the inspectors and clerks shall be not more than five dollars per day. The compensation of all other employees of the Board shall be fixed by the Board by resolution.

XXXII. The compensation of the members of the Board, clerks, inspectors, special officers, clerical assistance, and the costs of calling election, conducting the election, declaring the result thereof, and any and all expenses incidental to the holding of any election shall be paid by the City out of the general fund upon vouchers therefor approved by the Board and filed with the City Clerk.

XXXIII. The Board shall have power and authority to make by resolution any additional rules and regulations concerning electors and elections in the City as may be necessary for the full and complete exercise of the powers and authority herein vested in the Board, which such rules and regulations shall be as valid as if specifically provided by this Act, provided that such rules and regulations shall not conflict with the provisions of law.

Section 3. A new section, Section 171, is added to Chapter 13 of Chapter 22408, Laws of Florida, Acts of 1943 to read:

Section 171. Registration system.

The City of New Smyrna Beach hereby adopts the permanent registration system as provided by Section 98.091, Florida Statutes, and hereafter all municipal elections shall be held and conducted pursuant to the provisions of the general laws of Florida.

Section 4. A new section, Section 172, is added to Chapter 13 of Chapter 22408, Laws of Florida, Acts of 1943 to read:

Section 172. Elections; applicability of general laws.

The qualifications of electors, the registration of voters, the oath of registrant, the maintenance of registration books, the use of voting machines, challenges to voters, and watchers of elections shall be governed by the provisions of the general laws of Florida.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 28, 1955.

CHAPTER 31031 (1955)
SENATE BILL NO. 1040

AN ACT removing restrictions to lands situated in the City of New Smyrna Beach, Volusia County, Florida, set forth in Deed Number 20618 from the trustees of the Internal Improvement Fund of the State of Florida to the said City of New Smyrna Beach, dated March 17, 1954, providing an effective date.

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

Section 1. That the restrictions on lands situated in the City of New Smyrna Beach, Volusia County, Florida, set forth in deed number 20618 from the trustees of the Internal Improvement Fund of the State of Florida to the said city of New Smyrna Beach, dated March 17, 1954, to wit:

"PROVIDED, HOWEVER, anything herein to the contrary notwithstanding, this deed is given and granted upon the express condition subsequent that the Grantee herein or its successors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said land shall be used solely for public purposes.

It is covenanted and agreed that the above conditions subsequent shall run with the land and any violation thereof shall render this deed null and void and the above described lands,

1957 AMENDMENTS TO THE
CITY CHARTER

CHAPTER 57-1606 (1957)
SENATE BILL. NO. 1176

AN ACT relating to the City of New Smyrna Beach; amending Chapter 22408, Laws of Florida, Special Acts of 1943, by adding a new Section; providing methods for the annexation of contiguous territory; providing an effective date.

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

Section 1. Chapter 22408, Laws of Florida, Special Acts of 1943, is amended by adding a section to read:

Section 7A. Annexation.

The city may annex contiguous territory by one (1) of the two (2) following methods:

(1)

By referendum election in which all freeholders of the territory to be annexed who are qualified electors of Volusia County shall be eligible to vote; such annexation shall be approved by two-thirds (2/3) of the votes cast in any such election; said election shall be held pursuant to and after a resolution calling for same has been passed by the city commission and after notice of the proposed election has been published in a newspaper published in said city once a week for four (4) consecutive weeks. Said resolution and notice shall contain a description of the area sought to be annexed and the date and place said election is to be held; provision shall be made for special registration for said election and the cost of such election shall be borne by the City of New Smyrna Beach; or

(2)

Any unincorporated territory lying contiguous or adjacent to any boundary of the City of New Smyrna Beach, Volusia County, may be annexed to and become part of such city of New Smyrna Beach subject to the jurisdiction, obligation, benefits and privileges of the City of New Smyrna Beach, except as herein otherwise provided, under the following method, to-wit:

(a)

Such territory may be integrated into and made a part of the city of New Smyrna Beach upon petition of not less than two-thirds (2/3) of the qualified electors residing in the territory to be integrated into and made a part of said city of New Smyrna Beach, who are registered freeholders on the county registration records.

(b)

The petition or petitions for integration into the City of New Smyrna Beach shall be substantially in the following form:

"PETITION TO INTEGRATE TERRITORY INTO THE CITY OF NEW SMYRNA BEACH, VOLUSIA COUNTY, FLORIDA.

This petition is filed pursuant to Chapter (here insert Official chapter number of this act as the same appears in the Office of the Secretary of State), Laws of Florida, Acts of 1957, for the purpose of integrating the herein described lands into the city of New Smyrna Beach, Florida.

We, the undersigned, being qualified electors residing in the hereinafter described territory, who are duly registered as freeholders on the county registration records, hereby file this, our petition, for annexation of the following described territory into the city of New Smyrna Beach, Florida, in accordance with the above referred to laws of Florida, to-wit:

     (HERE DESCRIBE TERRITORY)

(Here place signatures of petitioners, showing in detail place of residence with street and number where available.)"

(c)

As many separate petitions as may be desired may be filed affecting the same area and if such petitions are insufficient for any reason, additional or supplemental petitions may be filed.

(d)

When completed, such petitions, and additional or supplemental petitions, shall be filed with the city clerk of the City of New Smyrna Beach, who shall, within five (5) days after the filing of such petitions with him, deliver the same to the supervisor of registration of Volusia County, who shall thereupon check the names of petitioners and shall certify within thirty (30) days that the signatures on each petition are genuine, and that the petitioners whose names appear on said petitions are qualified in all respects under this act to sign said petitions. In the event that the number of qualified petitioners is found to be insufficient, supplemental petitions may be filed until the sufficient number is obtained, and the supervisor of registration shall have the same time, as herein provided, to check such supplemental petition as the original petition. After filing with the city clerk, no petition shall be withdrawn, nor shall any petitioner be permitted to withdraw his signature therefrom.

(e)

The petition or petitions meeting the requirements of this act shall thereupon he presented to the city commission of the city of New Smyrna Beach, at its next regular meeting, together with the aforesaid certificate of the supervisor of registration, and a certificate from the city attorney, showing a sufficient legal description of the area to be annexed.

(f)

Within six (6) months after the presentation of such approved petitions, the city commission in its discretion may adopt a resolution or enact an ordinance setting forth the filing of said petitions, certification of the supervisor of registration as to the sufficiency of each petition and the certification of the engineer or the surveyor as to the said sufficiency of the description of the land contained therein, and shall resolve or ordain that the said area is incorporated into the municipality, effective as of a particular date, determined By the city commission, which effective date shall be not more than one (1) year from the time of the presentation of the petition for annexation as provided for under the provisions of this act; or the governing body may reject said petitions by resolution within such six (6) months period or by nonaction on their part within said period, whereupon said petitions shall become null and void. No petitions for annexing the same territory shall be filed until after a lapse of one (1) year from the time of such rejection by resolution or nonaction.

Section 2. Upon the adoption of a resolution or enactment of an ordinance annexing any such unincorporated territory to the City of New Smyrna Beach, such territory shall become a part of said City of New Smyrna Beach on the effective date, provided, however, that such territory shall not be subject to ad valorem taxation until January 1 following the effective date of annexation, provided, however, that no territory annexed pursuant to this act shall be subject to the prior bonded indebtedness of said city; and such territory shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality, except as herein otherwise provided, the same as the area constituting the municipality to which it was annexed.

Section 3. After the effective date of such annexation all residents in the newly annexed territory shall have the same rights to vote in city elections and to hold public office in the city, as though the newly annexed territory had been a part of the said City of New Smyrna Beach for at least three (3) months prior to the effective date of annexation. If the city should have a division into municipal districts or wards for election purposes, the newly annexed territory shall be added to such districts or wards as the governing body of the city shall in its discretion determine.

Section 4. All persons, firms or corporations lawfully licensed to engage in any profession, occupation, trade or business within the annexed territory on the effective date of its annexation may upon paying the license taxes required by the city of New Smyrna Beach thereupon be entitled to carry on such profession, occupation, trade or business in the annexed area without obtaining a required permit or certificate granted by any examining board of the city; but such right may be terminated for cause after a hearing by the appropriate examining board of the city. Such licenses must qualify with said examining boards to engage in any profession, occupation, trade or business in the existing area to which the new territory was annexed.

Section 5. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

CHAPTER 57-1607 (1957)
SENATE BILL NO. 1177

AN ACT relating to the City of New Smyrna Beach, Volusia County, Florida; amending the City Charter, Section 10. Chapter 22408, Laws of Florida, Special Acts of 1943; providing that certain Acts shall be passed by motion of the City Commission rather than by ordinance; providing an effective date.

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

Section 1. Section 10, chapter 22408, laws of Florida, special acts of 1943, is amended to read:

Section 10.

Limitations, powers, and duties of commission. That all powers of the city, except such as are vested in the jurisdiction of the municipal court and except as are otherwise provided in this act, or by the constitution of this state, are hereby vested in the city commission; and, except as otherwise provided by this act, or by the constitution of this state, the city commission may, by ordinance or resolution, provide the manner in which any power of the city shall be exercised. It shall be the duty of the city commission at a regular or special meeting to approve all bills against the city by the affirmative vote of a majority of its members present before vouchers in payment of same are drawn. Provided, that wherever in this charter and amendments thereto it is specified that a matter or thing shall be accomplished by the passage of an ordinance, the city commission is empowered to accomplish the same by motion duly made and passed and entered in the minutes of the meeting, or by resolution; except that nothing contained herein shall be construed as repealing the charter provision for the enactment of ordinances of a general or permanent nature, or resolutions and ordinances providing for public improvements to pay the costs for which special assessments are to be made, nor shall any matter or thing be put into effect by the city commission except by ordinance when a penalty, whether by fine or imprisonment, is to be imposed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

CHAPTER 57-1608 (1957)
SENATE BILL NO. 1178

AN ACT relating to the City of New Smyrna Beach, Volusia County, Florida; amending paragraph (i) of Section 31, and Section 136, Chapter 22408, Laws of Florida, Special Acts of 1943; providing for a change in the duties of the city purchasing agent by increasing the amount when competitive bidding is required; providing for an increase in city expenditures; providing an effective date.

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

Section 1. Paragraph (i) of section 31, chapter 22408, laws of Florida, special acts of 1943, is amended to read:

Section 31. Powers and duties.

The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City, and to that end his powers are, and they shall be

(i)

He shall be purchasing agent of the City by whom all purchases of supplies shall be made. In the capacity of purchasing agent he shall also conduct all sales of personal property which the City Commission may authorize to be sold as having become unnecessary or unfit for the City's use. All purchases and sales shall conform to such regulations as the City Commission may from time to time prescribe; but in any case, if an amount in excess of five hundred dollars ($500.00) be involved, opportunity for competition shall be given.

Section 2. Section 136 of chapter 22408, laws of Florida, special acts of 1943, is amended to read:

EXPENDITURE AND CONTRACTS

Section 136. Expenditures in excess of $500.00.

When an expenditure, other than the compensation of persons employed by the city, exceeds five hundred dollars ($500.00) such expenditure shall first be authorized and directed by motion duly made and carried by a majority of the commissioners present at any regular or special meeting of the city commission, and no contract involving an expenditure in excess of five hundred dollars ($500.00) shall be made or awarded except upon competitive bids. Competitive bids may, as the commission may direct, be by public notice through publication, as required and set forth in the city charter, or by direct notification to not less than three (3) competitive suppliers of the product or service. Bids, when received, shall remain sealed until opened in the presence of the city commission and, after tabulation by the city manager, be approved and awarded by the city manager and the city commission.

Section 3. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

CHAPTER 57-1609 (1957)
SENATE BILL NO. 1179

AN ACT amending Chapter 22408, Laws of Florida, Special Acts of 1943, being the Charter of the City of New Smyrna Beach, Florida, by providing for the recall of any City Commissioner of the City of New Smyrna Beach, Florida, a municipal corporation, upon petition for a recall election: providing for the manner of initiating said recall and providing for a recall election and providing for a referendum election on this Act.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943, is hereby amended by adding new section to be known and designated as Section 16A.

Section 16A.

I. Any or all members of the City Commission may be removed from office of City Commissioner by the electors in their respective zones by the following procedure: upon `Petition of Recall of City Commissioner' in substantially the following form:

`We, the undersigned, registered, qualified electors of zone _____ of the City of New Smyrna Beach, Florida, hereby file this Petition to recall ___________ from the office of City Commissioner from zone _____ of the City of New Smyrna Beach, Florida, and Petition that a Recall Election for such purpose be held and, if said Recall Election carries, thereafter an election for the designation of his successor in office be held as provided by law.

Name	Address	Date
_____	_____	_____
_____	_____	_____
_____	_____	_____
_____	_____	_____

 

STATE OF FLORIDA
	SS
COUNTY OF VOLUSIA

 

On this day personally appeared before me the undersigned authority duly authorized to administer oaths and take acknowledgments, ___________, who, being by me first duly sworn deposes and says that he (or she) circulated the above and foregoing Petition for Recall of City Commissioner and that the persons signing the above petition signed the same in his (or her) presence and that this affidavit is made under and pursuant to the perjury laws of the State of Florida.

SWORN TO AND SUBSCRIBED before me this _____ day of ________, A.D. ___.

Notary Public, State of Florida at Large. My Commission Expires:

 

II. The said petition shall be signed by at least thirty-five percent of the qualified and registered electors residing in the zone represented by the Commissioner sought to be recalled in the presence of the person circulating said Petition and the street address of the persons signing the petition shall be stated opposite their respective signatures. Said Petition shall be signed and filed with the City Auditor and Clerk of said City within thirty (30) days from the date of the first signature thereon and said City Auditor and Clerk shall, within five (5) days after receipt of said petition, transmit said petition to the City Commission together with a certificate of said City Auditor and Clerk certifying whether or not the required number of electors have signed said petition and whether or not the same has been signed within thirty (30) days prior to the filing of said Petition with said City Auditor and Clerk.

III. Upon the City Auditor and Clerk certifying to the City Commissioner that the required number of electors have signed said Petition within thirty (30) days prior to the filing of said Petition with the City Auditor and Clerk, the City Commission shall immediately file said Petition and certificate among its records and notify the Commissioner or Commissioners named in the said Petition of the filing thereof, thereafter the City Commission shall, within ten (10) days after receipt of said petition and Certificate of said City Auditor and Clerk, order a special recall election to be held in the zone or zones designated in said petition not less than thirty (30) days or more than fifty (50) days thereafter; provided, however, should there be another municipal election to be held within sixty (60) days after the filing of said petition with the City Commission, the City Commission may in its discretion, hold the recall election at the same time.

IV. Unless the Commissioner or Commissioners named in said petition shall have resigned, the names of said Commissioner or Commissioners named in said petition shall be placed on the recall ballot, together with the question as to whether or not such Commissioner or Commissioners shall be recalled from office.

V. Should a majority of the electors, voting in said recall election, vote to recall a Commissioner or Commissioners from the office, the City Commission, after canvassing said recall votes, shall declare the office of said Commissioner or Commissioners vacant and the vacancy shall be filled as provided in Section 16 of the City Charter of said City.

Section 2. This act shall not become effective until its approval at an election to be held in the City of New Smyrna Beach, Florida, at the next general election or at a special election to be held in said City, for said purpose at which the question of approval or disapproval of this act shall be submitted to the electors of said City. If a majority of the electors of said City voting in said election shall approve this Act it shall thereupon become effective.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

CHAPTER 57-1610 (1957)
SENATE BILL NO. 1180

AN ACT relating to New Smyrna Beach, Volusia County, Florida; cancelling mineral reservations to the trustees of the internal improvement fund of Florida; providing effective date.

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

Section 1. That part of the deed from the state by the trustees of the internal improvement fund of Florida to the city of New Smyrna Beach, on April 7, 1930, and filed in the public records of Volusia County, Florida, on April 29, 1930, in Deed Book 236, page 355, which reads: "Saving and reserving unto the trustees of the internal improvement fund of Florida, and their successors, an undivided three-fourths (3/4) interest in all the phosphate, minerals and metals that are or may be in, on or under the above described lands, and an undivided one-half (½) interest in all the petroleum that is or may be in or under the said above described property with the privilege to mine and develop the same, is cancelled and shall be of no further force or effect.

Section 2. The city of New Smyrna Beach or any interested person is authorized and empowered to have and record in the public records of Volusia County, a certified copy of this act for the purpose of showing that the title to said property is not encumbered by the reservations set forth above.

Section 3. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

CHAPTER 57-1611 (1957)
SENATE BILL NO. 1181

AN ACT relating to the City of New Smyrna Beach, Volusia County, Florida; amending Sections 33, 50 and 53, Chapter 22408, Laws of Florida, Special Acts of 1943; providing for tenure of City Attorney, the Chief of Police and the Fire Warden; providing an effective date.

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

Section 1. Section 33, Chapter 22408, laws of Florida, special acts of 1943 is amended to read:

Section 33. Appointment and duties of.

The city commission shall appoint a city attorney who shall serve and hold office at the pleasure of the city commission, upon such terms as may be agreed upon at the time of his appointment, who shall act as the legal advisor to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties.

He shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof; and no contract with the municipality shall take effect until his approval is so endorsed thereon. He shall be the prosecutor in the municipal court, and when required to do so by resolution of the city commission, he shall prosecute and defend for and in behalf of the city all complaints, suits and controversies in which the city is a party. He shall furnish the city commission, the city manager, the head of any department, or any officer or board not included in any department, his opinion on any question of law relating to their respective powers and duties. The city commission may authorize the city attorney to employ an assistant city attorney, or attorneys, whenever it is deemed necessary or expedient to employ such additional counsel, such assistant attorney, or attorneys, to be selected by the city attorney and his or their compensation to be fixed and determined by the city commission.

Section 2. Section 50, chapter 22408, laws of Florida, special acts of 1943, is amended to read:

Section 50. Police force.

The police force of the city of New Smyrna Beach shall consist of a chief of police who shall be appointed by the city commission to serve and hold office at the pleasure of the city commission, and as many subordinate officers, policemen and employees as the city commission shall by ordinance determine. The chief of police shall have exclusive control of the stationing and transfer of all patrolmen and other officers and employees constituting the police force, subject to the approval of the city manager and under such rules and regulations as the city commission may prescribe, or as may be prescribed by the ordinances of the city.

Section 3. Section 53, chapter 22408, laws of Florida, special acts of 1943 is amended to read:

Section 51. Fire force; duties.

The fire force of the city shall consist of a chief, who shall be fire warden and who shall be appointed by the city commission to serve and hold office at the pleasure of the city commission, and as many subordinate officers, firemen and employees as the city commission shall, by ordinance, determine. The fire chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employees of the fire force subject to such rules and regulations as may be prescribed by the city manager or by ordinance of the city; he shall have exclusive management and control of such officers and employees as may be employed in the administration of the affairs of his force. In case of riot, conflagration or like emergency, the city manager or, in his absence, the fire chief, may appoint additional firemen for temporary service. The fire chief shall have the right to suspend any officer or employee of the fire force because of incompetency, neglect of duty, drunkenness, failure to obey orders given by proper authority or for any other just and reasonable cause, and he shall immediately report the fact of such suspension to the city manager for final action.

Section 4. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 29, 1957.

1959 AMENDMENTS TO THE CITY CHARTER

CHAPTER 59-1609 (1959)
SENATE BILL NO. 556

AN ACT relating to the city of New Smyrna Beach; amending Chapter 22408, Special Laws of 1943, by adding a new section hereto to be designated as Section 53-A, authorizing the City of Smyrna Beach, Florida to provide by ordinance for the consolidation or integration of the police force and fire force of said city; providing for regulation and definition by ordinance of the powers, duties, compensation, employment, suspension, and discharge of members of such consolidated or integrated forces; providing that the power conferred hereby shall be cumulative and in addition to the other powers conferred upon said city; providing an effective date and for a referendum thereon.

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

Section 1. Chapter 22408, Special Laws of 1943, being the charter of the city of New Smyrna Beach, Florida, is amended by adding a new section thereto to be designated as Section 53-A, to read:

Section 53-A. Consolidation or integration of police and fire force.

The city of New Smyrna Beach, Florida, or the city commission thereof, be and the same is hereby authorized to provide by ordinance for the consolidation or integration of the Police Force and Fire Force of said city under and as a part of the Department of Public Safety of said city. In the exercise of the power hereby conferred, said city or its said commission shall designate the powers and duties of said integrated or consolidated forces, and for the employment, suspension, and discharge of the members thereof, and for the establishment of rules and regulations governing said consolidated or integrated forces including qualification of members, training, compensation, hours, and conditions of work, and/or the use, management and operation of police and fire equipment. The power hereby conferred shall be cumulative or in addition to the other powers conferred upon said city of New Smyrna Beach in the charter of said city.

Section 2. This act shall take effect after its approval by the Governor or when it becomes a law without such approval, subject, however, to ratification as follows:

The city commission shall pass a resolution calling a referendum election to be held no later than the 31st day of December, 1959, for the purpose of submitting to the duly qualified electors of the city of New Smyrna Beach the following proposition:

"Shall the Amendment of Chapter 22408, Special Laws of 1943, as provided for by Chapter _____, Special Acts of 1959, entitled: `An act relating to the city of New Smyrna Beach; amending Chapter 22408, Special Laws of 1943, by adding a new Section thereto to be designated as Section 53-A authorizing the city of New Smyrna Beach, Florida, to provide by ordinance for the consolidation or integration of the Police Force and Fire Force of said city; providing for the regulation and definition by ordinance of the powers, duties, compensation, employment, suspension, and discharge of members of such consolidated or integrated forces; providing that the power conferred hereby shall be cumulative and in addition to the other powers conferred upon said city; and providing an effective date and for a referendum thereon,' be adopted?"

Said election shall be conducted in the manner now provided for the conduct of elections in the city of New Smyrna Beach, Florida, and all duly qualified electors of said city shall be eligible to vote at said election. The Ballot shall be so drawn as to submit to said electors the approval or disapproval of said act and shall contain the title of said act, and shall permit said electors to vote yes or no as to said approval or disapproval. Voting machines may be used at said election. If a majority of the qualified electors voting at said election shall vote yes, then this act shall stand adopted, but if a majority of the qualified electors voting at said election shall vote no, then this act shall not become effective. The results of said election, the appointment of the election board, the certification of the results of said election, the canvass of the votes, and the declaration of the results thereof, shall be handled and done in the same manner as is now provided for holding elections in the city of New Smyrna Beach.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 21, 1959.

CHAPTER 59-1610 (1959)
SENATE BILL NO. 559

AN ACT relating to the City of New Smyrna Beach; authorizing the City of New Smyrna Beach, Florida, to make and establish a personnel policy in said city relating to employment by said city of all city personnel; limiting or describing the scope thereof; providing for the administration thereof and for the establishment of standards of employment, training, hours of work, absences, working conditions, determination of employment, and investigations and hearings thereon; repealing all laws applicable to the City of New Smyrna Beach, Florida, in conflict therewith; providing for a referendum.

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

Section 1. The city of New Smyrna Beach, Florida, a municipal corporation, be and the same is hereby authorized and empowered, in addition to the powers heretofore conferred upon it by its charter and by the laws of the state of Florida, to regulate and control employment by the city of New Smyrna Beach, and to establish a personnel policy in connection with its employees in accordance with the provisions of this act hereinafter set forth.

Section 2. Such control shall provide for preference of residents of the city, just and equitable incentives and conditions of employment for the employees of said city, provisions for the maintenance of efficiency and economy in the exercise of such employment, the maintenance of the morale of such employees by the protection of their rights and interests as such, and to control and protect the tenure of the employees by the establishment of good behavior, satisfactory performance of work, necessity for work consistent with the financial conditions of said city.

Section 3. Any ordinance enacted by said city in compliance herewith shall apply to all offices and positions of the city now or hereafter existing, excepting volunteer personnel, personnel serving without pay, consultants and counsel rendering temporary professional service, and positions involving seasonal or part time employment. Said program shall not be made applicable to office of city manager.

Section 4. Such ordinance shall provide for the administration of its provisions, and for a personnel program consistent with this act, and such administration and such personnel program shall be administered by the city manager of said city. Said ordinance shall also provide for a personnel board, which shall be non-political in character, and to possess the following powers:

(1)

To advise the city manager and city commission on matters of personnel policy.

(2)

To represent the public interest in the improvement of personnel administration.

(3)

To hold and conduct hearings involving appeals of any employee from any decision affecting his employment or the terms and conditions thereof made by the administrative officer of the city.

Section 5. Such ordinance shall regulate appointments and promotions, probationary periods, absences from work, hours of work, training of employees, temporary suspension of employees and permanent termination of employment, and for investigations and hearings in connection with the administration of said act, and shall likewise embrace such provisions as the city commission shall deem proper for the protection of the employees of said city against arbitrary and unjust suspensions and removals from office, and from the assertion or imposition of political influences of any kind whatsoever in connection with the employee's suspension, termination of employment and working conditions of the employees of said city. Any investigation, hearing or appeal provided for in such ordinance shall be so designed as to provide fair notice and an impartial hearing on all appeals, complaints or grievances arising in connection with the administration of said ordinance.

Section 6. Said city shall also have the power to establish rules and regulations and principles or policies of employment and personnel as the city commission shall deem proper and necessary for the proper and efficient operation of such personnel system as shall be established in accordance herewith.

Section 7. That all acts and parts of acts in conflict herewith be and the same are hereby repealed.

Section 8. This act shall become effective only upon approval by a majority of those qualified electors voting in a special referendum election to be held on or before December 31, 1959.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 21, 1959.

CHAPTER 59-1611 (1959)
SENATE BILL NO. 560

AN ACT relating to the city of New Smyrna Beach; amending paragraphs (a) and (b) of Section 16A of Chapter 57-1609, Special Laws of 1957, which chapter amended Chapter 22408, Special Laws of 1943, being the charter of the city of New Smyrna Beach; providing for the recall of the city commissioner of said city only where such commissioner has been guilty of malfeasance or misfeasance in office or has been convicted of a felony or of a crime involving moral turpitude; providing that the petition for such recall shall be signed by twenty percent (20%) of the qualified electors of the zone which such commissioner represents; repealing all laws or parts of laws in conflict herewith; providing an effective date and for a referendum thereon.

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

Section 1. Paragraphs (a) and (b) of section 16A of Chapter 57-1609, Special Laws of 1957, which chapter amended Chapter 22408, Special Laws of 1943, are amended to read:

Section 16A. City commissioners-procedure for removal from office.

(a) Any or all members of the city commission may be removed from office of city commissioner by the electors in their respective zones by the following procedure: Upon "Petition of Recall of City Commissioner" in substantially the following form:

"We, the undersigned, registered, qualified electors of zone _____ of the City of New Smyrna Beach, Florida, hereby file this Petition to recall ___________ from the office of City Commissioner from zone _____ of the City of New Smyrna Beach, Florida, and Petition that a Recall Election for such purpose be held and, if said Recall Election carries, thereafter an election for the designation of his successor in office be held as provided by law.

On this day personally appeared before me the undersigned authority duly authorized to administer oaths and acknowledgments, ___________, who, being by me first duly sworn deposes and says that he (or she) circulated the above foregoing Petition for Recall of City Commissioner and that the persons signing the above petition signed the same in his (or her) presence and that this affidavit is made under and pursuant to the perjury laws of the State of Florida.

SWORN TO AND SUBSCRIBED before me this _____ day of ________, A.D. ___

Notary Public, State of Florida at Large. My Commission Expires:

 

provided however that no such recall shall be had unless the commissioner sought to be recalled has been guilty of malfeasance or misfeasance in office or has been convicted of a felony or of a crime involving moral turpitude, and the petition shall specify the acts alleged to constitute such misfeasance or malfeasance or such felony or offense involving moral turpitude as said commissioner has been convicted of.

(b) The said petition shall be signed by at least twenty percent (20%), of the qualified and registered electors residing in the zone represented by the commissioner sought to be recalled in the presence of the person circulating said petition and the street address of the persons signing the petition shall be stated opposite their respective signatures. Said petition shall be signed and filed with the city auditor and clerk of said city within thirty days from the date of the first signature thereon and said city auditor and clerk shall within five days after receipt of said petition, transmit said petition to the city commission together with a certificate of said city auditor and clerk certifying whether or not the required number of electors have signed within thirty days prior to the fling of said petition with said city auditor and clerk.

Section 2. Paragraphs (e), (d), and (e) of section 16A shall not be construed as having been repealed or affected by the provisions of this act.

Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed.

Section 4. This act shall take effect after its approval by the Governor or when it becomes a law without such approval, subject, however, to ratification as follows:

The city commission shall pass a resolution calling a referendum election to be held no later than the 31st day of December, 1959, for the purpose of submitting to the duly qualified electors of the city of New Smyrna Beach the following proposition:

"Shall the Amendment of Chapter 22408, Special Laws of 1943, as provided for by Chapter _____, Special Acts of 1959, entitled:

`An Act amending paragraphs (a) and (b) of Section 16A of Chapter 57-1609, Special Laws of 1957, which chapter amended Chapter 22408, Special Laws of 1943, being the charter of the City of New Smyrna Beach, providing for the recall of the City Commissioner of said City only where such Commissioner has been guilty of malfeasance or misfeasance in office or has been convicted of a felony or of a crime involving moral turpitude; providing that the petition for such recall shall be signed by twenty percent (20%), of the qualified electors of the zone which such Commissioner represents; repealing all laws or petitions of laws in conflict herewith; providing an effective date and for a referendum thereon, be adopted?"

Said election shall be conducted in the manner now provided for the conduct of elections in the city of New Smyrna Beach, Florida, and all duly qualified electors of said city shall be eligible to vote at said election. The ballot shall be so drawn as to submit to said electors the approval or disapproval of said act and shall contain the title of said act, and shall permit said electors to vote yes or no as to said approval or disapproval. Voting machines may be used at said election. If a majority of the qualified electors voting at said election shall vote yes, then this act shall stand adopted, but if a majority of the qualified electors voting at said election shall vote no, then this act shall not become effective. The results of said election, the appointment of the election board, the certification of the results of said election, the canvass of the votes, and the declaration of the results thereof, shall be handled and done in the same manner as is now provided for holding elections in the city of New Smyrna Beach.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 21, 1959.

CHAPTER 59-1612 (1959)
SENATE BILL NO. 561

AN ACT relating to the city of New Smyrna Beach; amending Sections 9, 12, 17, and 181, paragraph (d) of Section 179, and paragraphs (a) and (b) of Section 184, of Chapter 22408, Special Laws of 1943, being the charter of the city of New Smyrna Beach, Florida, providing that one (1) commissioner shall be elected from each of the zones of said city, but that all of such commissioners so to be elected, shall be voted upon by the qualified electors of the entire city at large; providing for the nomination of such commissioner; requiring that all candidates for the office of city commissioner in such city shall personally circulate the petitions for their nominations; defining the intent of this act; providing a severability clause; providing for the repeal of all acts or parts of acts inconsistent herewith; providing an effective date and for a referendum thereon.

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

Section 1. Section 9 of Chapter 22408, Special Laws of 1943, is amended to read:

Section 9. Creation of commission-term of office.

The elective officers of the said city shall be five (5) commissioners who shall be elected for the term of two (2) years; one (1) commissioner shall be elected from each zone, but shall be voted upon by the qualified voters of the entire city at large. No vote shall be counted for a commissioner except that it be cast by duly qualified electors residing in the city of New Smyrna Beach. The commissioners from each zone shall be residents and qualified electors of the zone from which he is elected at least six (6) months prior to the date of election. The mayor-commissioner shall serve for two (2) years, and the candidate who shall have received the highest number of votes of all those elected as commissioners in the election shall be the mayor-commissioner.

Section 2. Section 12 of Chapter 22408, Special Laws of 1943, is amended to read:

Section 12. Canvass by candidates for commission.

Candidates for the office of city commission may make personal canvass among the voters to secure his nomination or election or the nomination and election of any other candidate in the same election. He may cause notice of his candidacy to be published in the newspapers. Each candidate shall circulate his own petition for a nomination personally and may in any legal way solicit anyone to support him or vote for him. He shall not promise any money, office, employment or any other thing of value to secure nomination or election. Violation of these provisions or any of them, shall disqualify him from holding the office if elected and the person receiving the next highest number of votes, who has observed the foregoing conditions, shall be entitled to the office.

Section 3. Section 17 of Chapter 22408, Special Laws of 1943, is amended to read:

Section 17. Mayor and organization.

The city commission shall organize biennially on the first Monday in April after their election, but administrative officers of the city and departmental heads may be appointed annually and to serve for one year from their appointment, or at the will of the commission.

Section 4. Paragraph (d) of section 179 of Chapter 22408, Special Laws of 1943, is amended to read:

Section 179. Nomination of candidates-petition for place on primary ballot.

Candidates for the office of city commissioner shall be nominated only by a non-partisan primary election. The name of any elector of the city shall be printed upon the primary ballot if there is filed with the board of elections a petition in accordance with the following provisions, to wit:

(d) The signatures of all the petitions need not be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the candidate circulating the same, stating the number of signers thereto, that each person signed in his presence on the date mentioned and that the signature is that of the person whose name it purports to be; but all of said petitions, whether consisting of one (1) paper or several, must be circulated by the candidate himself in all of the zones of the city.

Section 5. Section 181 of said Chapter 22408, Special Laws of 1943, is amended to read:

Section 181. Nomination and election-procedure when tie vote-when primary election unnecessary-when general election unnecessary.

When there are less than three (3) persons in any zone nominated by petition as set forth in Section 179 hereof, then and in that event, no primary election shall be held for the election of a commissioner from that zone and the board of elections shall declare the person or persons so nominated by petition as aforesaid, as the nominee or nominees for the office of city commissioner for said zone at the general municipal election; however, if more than two (2) persons in such zone are nominated by petition, then the board of elections shall include the nominees in said zone in the primary election as herein provided. The candidates for nomination to the office of city commissioner who shall receive the greatest vote in such primary election shall be placed upon the ballot at the next general municipal election in number not to exceed twice the number of vacancies in the city commission to be filled for the once of commissioner from each zone, and the candidates at the general municipal election not exceeding the number of commissioners from each zone to be filled, who shall receive the greatest number of votes at such general municipal election for the office of city commissioner from each zone shall be declared city commissioner from that zone. Provided, however, that if and when a candidate for the city commission in a primary election receives a greater number of votes in said primary election than the combined votes of all those other candidates for the city commission running in that particular zone, then and in that event, the candidate receiving the majority of all the votes cast in said primary election shall be declared to be elected as said commissioner from said zone, and no candidate's name from said zone shall be placed on the ballot for the general election, provided, however, that should a candidate for commissioner receive a majority of the votes cast and be elected at a primary election, his name shall nonetheless appear on the ballot at the general election, only for the purpose of determining whether he shall be elected mayor. A tie between two (2) or more candidates for city commissioner from any zone shall be determined by special election in the city at large, to be held in accordance with the provisions of this act. The ballot on the voting machines to be used at said elections shall be so arranged as to show clearly and so as to designate clearly the names of the candidates from each zone, and the particular zone from which or in which they are running.

Section 6. Paragraphs (a) and (b) of section 184 of said Chapter 22408 be amended so as to read as follows:

Section 184. Pernicious political activities.

(a) It shall be unlawful for any person to intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of city commissioner at any election held solely or in part for the purpose of selecting a city commissioner in the city.

(b) It shall be unlawful for any person employed in any administrative position by the city or by any department, independent agency, or other agency of the city to use his official authority for the purpose of interfering with, or affecting the election or the nomination of any candidate for the office of city commissioner in the city.

Section 7. Paragraphs (c), (d), (e), and (f) of said section 184 shall not be construed as being modified, repealed, or affected by this act.

Section 8. It is the purpose and the intent of this act to so amend Chapter 22408, Laws of Florida, Acts of 1943, being the charter of the city of New Smyrna Beach, Florida, and of any acts amending the same so as to provide for the election of all of the city commissioners of said city by the vote of the qualified electors of said city at large, but that one (1) commissioner shall be elected from each zone of said city and that each zone of said city shall have on the city commission a commissioner who resides in that particular zone, and any and all sections or parts of sections of said Chapter 22408, Laws of Florida, 1943, which are or may be inconsistent with the said purpose and intent of this act be and the same are hereby amended, modified, or repealed insofar as the same are inconsistent herewith.

Section 9. That this act shall apply to and govern the election of commissioners of the city of New Smyrna Beach, at the elections to be held in the year 1960 and subsequent elections.

Section 10. If any section or part of a section of this act be declared invalid or unconstitutional, the validity of any other section or part of a section of this act shall not thereby be affected or impaired unless such other section or part of a section is dependent upon the section or part of a section so held to be unconstitutional or invalid.

Section 11. This act shall take effect after its approval by the Governor, or when it becomes a law without such approval, subject, however, to ratification as follows:

The city commission shall pass a resolution, calling a referendum election to be held not later than the 31st day of December, 1959, for the purpose of submitting to the duly qualified electors of the city of New Smyrna Beach the following proposition:

"Shall the amendments of Chapter 22408, Special Laws of 1943, as provided for by Chapter _____, Special Acts of 1959, entitled:

`An Act relating to the City of New Smyrna Beach; amending Sections 9, 12, 17, and 181, Paragraph (d) of Section 179, and Paragraphs (a) and (b) of Section 184 of Chapter 22408, Special Laws of 1943, being the Charter of the City of New Smyrna Beach, Florida, providing that one (1) Commissioner shall be elected from each of the zones of said City, but that all of such Commissioners so to be elected, shall be voted upon by the qualified electors of the entire City at large; providing for the nomination of such Commissioner; requiring that all candidates for the Office of City Commissioner in such City shall personally circulate the petitions for their nominations; defining the intent of this Act; providing a severability clause; providing for the repeal of all Acts or parts of Acts inconsistent herewith; providing an effective date and for a referendum thereon,' be adopted?"

Said resolution shall provide for the manner of holding and the conduct of said election and such other details as may be necessary to provide for the calling, holding and certifying of said election.

All duly qualified electors of the city shall be eligible to vote at the aforesaid referendum election.

The ballot to be used in said referendum election shall be in substantially the following form:

"Shall the amendments of Chapter 22408, Special Laws of 1943, as provided for by Chapter _____, Special Acts of 1959, entitled:

`An Act relating to the City of New Smyrna Beach; amending Sections 9, 12, 17, and 181, Paragraph (d) of Section 179, and Paragraphs (a) and (b) of Section 184 of Chapter 22408, Special Laws of 1943, being the Charter of the City of New Smyrna Beach, Florida, providing that one (1) Commissioner shall be elected from each of the zones of said City, but that all of such Commissioners so to be elected, shall be voted upon by the qualified electors of the entire City at large; providing for the nomination of such Commissioner; requiring that all candidates for the Office of City Commissioner in such City shall personally circulate the petitions for their nominations; defining the intent of this Act; providing a severability clause; providing for the repeal of all Acts or parts of Acts inconsistent herewith; providing an effective date and for a referendum thereon,' be adopted?"

Under said proposition, the words "Yes" and "No" shall be printed in separate squares on the voting machine or machines to be used in said election, and opposite or under the proper voting machine lever. The voting shall be in accordance with the laws governing the use of voting machines in elections in the city of New Smyrna Beach, Florida, and the election shall be conducted in each of the present five zones of said city. The electors shall exercise their vote by moving the levers provided on the voting machines for said election, moving the lever "Yes" if their choice is in favor of the approval of this act, and moving the lever "No" if their choice is against the approval of this act. If a majority of the qualified electors voting at said election shall vote "Yes", then this act shall stand adopted, but if a majority of the qualified electors voting at said election shall vote "No", then this act shall not become effective in any respect whatsoever.

Immediately after the polls have closed on the day of the election, the inspectors and clerks thereof shall tabulate the votes cast thereat in each zone, and shall certify the results, and within twenty-four (24) hours shall deliver said certificates to the city clerk of the city of New Smyrna Beach, Florida. The form of said certificate shall be such as is used and provided in other elections of the city of New Smyrna Beach, Florida, in so far as the same is adaptable and applicable to said referendum election. The city commission shall, within two (2) days thereafter, meet and canvass the election and make a return thereof, which shall be filed in the office of the city clerk.

The return shall be in substantially the following form:

"We, the undersigned, being duly qualified Commissioners of the City of New Smyrna Beach, Florida, do hereby certify that at a meeting of the said City Commission, held on the _____ day of ________, ___, we canvassed the result of the referendum election, held on the _____ day of ________, ___, at which election the following proposition was submitted to the duly qualified electors of the City of New Smyrna Beach, Florida:

Shall the amendments of Chapter 22408, Special Laws of 1943, as provided for by Chapter _____, Special Acts of 1959, entitled:

`An Act relating to the City of New Smyrna Beach; amending Sections 9, 12, 17, and 181, Paragraph (d) of Section 179, and Paragraphs (a) and (b) of Section 184, of Chapter 22408, Special Laws of 1943, being the Charter of the City of New Smyrna Beach, Florida, providing that one (1) Commissioner shall be elected from each of the zones of said City, but that all of such Commissioners so to be elected, shall be voted upon by the qualified electors of the entire City at large; providing for the nomination of such Commissioners; requiring that all candidates for the Office of City Commissioner in such City shall personally circulate the petitions for their nominations; defining the intent of this Act; providing a severability clause; providing for the repeal of all Acts or parts of Acts inconsistent herewith; providing an effective date and for a referendum thereon,' be adopted?

The number of votes cast in favor of said proposition were _____. The number of votes cast against said proposition were _____.

The Commissioners find and certify that a majority of the votes cast by the duly qualified electors voting at said election were in favor of, or against (as the case may be) the said proposition."

Thereupon a certified copy of the foregoing certificate shall be filed in the office of the city clerk of the city of New Smyrna Beach, Florida, and of the secretary of state of the state of Florida, and this act shall stand as ratified or rejected as the result of the said election may determine. Failure to file said certificate in the office of the secretary of state, however, shall not nullify the result of said election, but this act shall stand approved or ratified, the same as if such certificate had not been filed in said office of the secretary of state.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 21, 1959.

1961 AMENDMENTS TO THE
CITY CHARTER

CHAPTER 61-2536 (1961)
SENATE BILL NO. 680

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943, as amended; the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 186, by changing the salary of the Mayor and Commissioners and providing for an effective date.

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

Section 1. Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, be and the same is hereby amended by changing Section 186 to read as follows:

Section 186. Compensation of mayor and city commissioners.

The members of the city commission shall receive the sum of $600.00 annually, except the mayor of the City of New Smyrna Beach, who shall receive the sum of $900.00 annually. The city commissioners and mayor may receive their necessary actual expenses incurred in and about their offices; which expenses shall be approved by the City Commission. The compensation herein provided for the mayor shall constitute all compensation in full service as mayor and commissioner. The salaries may be paid in periodic installments in the same manner as the City of New Smyrna Beach pays its regular payroll.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval, subject further to the provisions that the salary increases shall not be effective prior to the terms of the commission taking office the first Monday in April, 1962.

Section 3. This act shall not become operative unless its approved at a referendum to be held by qualified electors of the City of New Smyrna Beach in the same manner as is provided by law for holding other elections. The question to be voted upon shall be as follows:

SHALL THE SALARY OF THE COMMISSIONERS AND MAYOR BE $600.00 AND $900.00 ANNUALLY RESPECTIVELY? YES OR NO

and said act shall not be effective unless a majority of the qualified electors voting on said question shall vote "yes", which election shall be held prior to December 1, 1961. The finding of the City Commission as to the results of said election shall be conclusive.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 22, 1961.

CHAPTER 61-2537 (1961)
SENATE BILL NO. 681

AN ACT amending Chapter 22408, Laws of Florida, Special Acts of 1943, as amended; the same being the Charter of the City of New Smyrna Beach, by adding thereto the provisions of this Act so as to enable and empower the City Commission of the City of New Smyrna Beach to set up by ordinance a utility commission and providing for said utility commission to control the electric production, electric distribution system, water system, gas system and sewerage system, and providing for its effective date.

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

Section 1. The City of New Smyrna Beach, Florida, a municipal corporation, be and the same is hereby authorized and empowered, in addition to the powers heretofore conferred upon it by the Charter and the State of Florida, to establish by ordinance a Utility Commission.

Section 2. When established, a Utility Commission shall have the sole and exclusive control of the operation of the city's electric power plant and distribution system and related facilities and its water plant and its gas business and any sewerage disposal plant and system.

Section 3. Said Utility Commission shall provide for five (5) members to be appointed by the City Commission to serve staggered terms of up to, but not exceeding, five (5) years.

Section 4. Said Utility Commission when established shall have the power to set and fix rates for use of city's utilities and policy of extensions and charges for utility service and shall have power to issue revenue certificates under the same conditions and subject to same powers as the City Commission of the City of New Smyrna Beach, and shall have the power to hire engineers.

Section 5. The City Commission of the City of New Smyrna Beach may pass an ordinance establishing such Utility Commission and grant to it any powers necessary to carry out the intent of this act, not specifically in conflict with any other provisions of the Charter of the City of New Smyrna Beach and may grant supplementary powers to expedite this act.

Section 6. The City Commission of the City of New Smyrna Beach shall have the power to by ordinance set the salary or compensation of the Utility Commission.

Section 7. The City Commission of the City of New Smyrna Beach shall not have the power to establish a Utility Commission until such time as the Utility Commission can legally and lawfully transfer to the General Fund of the City of New Smyrna Beach the operating profits from the utilities from the City of New Smyrna Beach, and said Utility Commission shall comply with all of the conditions and restrictions on the City of New Smyrna Beach in any revenue certificates now or hereafter outstanding in the City of New Smyrna Beach. The flow of funds when said Utility Commission is established shall be first the payment of all operating expenses of the utilities; second, the payment of all reserves required by an revenue certificates issue of the City of New Smyrna Beach or of the Utility Commission of the City of New Smyrna Beach and surplus to be paid annually to the General Fund of the City of New Smyrna Beach.

Section 8. This act shall take effect immediately upon its approval by the Governor, or by its becoming a law without such approval and subject to provisions of Section 9 hereof.

Section 9. This act shall not become operative unless same be approved at a referendum to be held by the City of New Smyrna Beach in which a majority of the electors voting on the question

The question is:

SHALL THE CITY OF NEW SMYRNA BEACH HAVE THE POWER TO ESTABLISH A UTILITY COMMISSION? YES OR NO

vote "yes", and said election shall be held in the manner of holding other elections as provided by law in the City of New Smyrna Beach, and shall be held prior to December 1, 1961, and the finding of the City Commission as to the results of said election shall be conclusive.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 22, 1961.

CHAPTER 61-2538 (1961)
SENATE BILL NO. 682

AN ACT amending Chapter 22408, Laws of Florida, Special Acts of 1943, as amended; the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 9 by providing for the election of a Mayor-Commissioner every two years and providing for staggered four year terms for Commissioners and providing that the candidate receiving the highest number of votes shall be Mayor, and providing for a referendum and effective date.

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

Section 1. Chapter 22408, Laws of Florida, Special Acts of 1943, as amended, the same being the charter of the City of New Smyrna Beach, Florida, be and the same is hereby amended by changing Section 9 as follows:

Section 9. Creation of commission; term of office. The elective officers of said city shall be five (5) commissioners; one of whom shall be mayor. One commissioner shall be elected from each zone, but shall be voted upon by qualified voters of the entire city at large. No votes shall be counted for commissioner except those cast by duly qualified electors residing in the City of New Smyrna Beach. The commissioners from each zone shall be residents and qualified electors of the zone from which he is elected at least six months prior to date of election. In the first election to be held after this act is adopted, the commissioner receiving the greatest number of votes shah be mayor and serve for a term of two (2) years; the two commissioners receiving the next highest number of votes shall serve for a term of four (4) years; the two commissioners receiving the least number of votes shall serve for a term of two years; thereafter the Mayor-commissioner and two commissioners shall be elected each two (2) years; the commissioners to be elected for a term of four (4) years and the mayor to be elected for a term of two (2) years, with the candidate receiving the greatest number of votes being mayor, and in like manner thereafter so that each two (2) years the Mayor-Commissioner and two (2) commissioners are elected and two (2) commissioners hold over.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval subject to provisions of Section 3 hereof.

Section 3. Before this act shall become operative, a referendum shall be held in the manner of holding elections as now authorized by law in the City of New Smyrna Beach, and the question to be voted upon shall be as follows:

SHALL THE CHARTER OF THE CITY OF NEW SMYRNA BEACH BE CHANGED SO THAT TO PROVIDE FOR STAGGERED FOUR (4) YEAR TERMS FOR COMMISSIONERS AND A TWO (2) YEAR TERM FOR THE MAYOR? YES OR NO

and said act shall not become operative unless a majority of the qualified voters voting on said question shall vote "yes", and the determination of the results of said election by the City Commission of the City of New Smyrna Beach shall be conclusive, and the City Commission of the City of New Smyrna Beach shall call such election prior to December 1, 1961.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 22, 1961.

CHAPTER 61-2539 (1961)
SENATE BILL NO. 683

AN ACT amending Chapter 22408, Laws of Florida, Special Acts of 1943, as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by adding thereto Section 7 (A), authorizing the City of New Smyrna Beach, Florida to issue revenue bonds or certificates without a referendum or a freeholder election; providing for the payment thereof from revenues; providing an effective date.

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

Section 1. Chapter 22408, Laws of Florida, Special Acts of 1943, as amended, the same being the charter of the City of New Smyrna Beach, Florida, be and the same is hereby amended by adding thereto the following section designated as 7 (A):

Section 7 (A).

The City may issue interest bearing revenue bonds or certificates for the purpose of paying all or any part of the cost of establishing, acquiring, purchasing, constructing, equipping, enlarging, improving or extending one or more municipal improvements, utilities or facilities which, pursuant to law, the city is authorized to provide. Such revenue bonds or certificates may be issued in anticipation and secured solely by a pledge of all or any part of the revenues or income to be derived from the operation of any such municipal project.

Such revenue bonds and certificates issued under the provisions of this act shall not in any respect constitute an indebtedness of the City within the meaning or application of any constitutional, statutory or charter debt limitation or provisions, nor shall the full faith, credit and taxing power of the City be directly or indirectly pledged to the payment thereof. The issuance of such revenue bonds or certificates shall not directly or indirectly obligate the City to levy any ad valorem taxes whatever therefor or to make any appropriation for their payment except from the funds authorized to be pledged therefor under the provisions of this section.

No referendum or freeholder election shall be necessary as a requirement or condition precedent to the issuance of such revenue bonds or certificates authorized under this section.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 22, 1961.

1963 AMENDMENTS TO THE CITY CHARTER

CHAPTER 63-1673 (1963)
SENATE BILL NO. 574

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943, as amended; the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 186, by changing the salary of the Mayor and Commissioners and providing for an effective date.

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

Section 1. Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, be and the same is hereby amended by changing Section 186 to read as follows:

Sec. 186. Compensation of mayor and city commissioners.

The members of the city commission shall receive the sum of $600.00 annually, except the Mayor of the City of New Smyrna Beach, who shall receive the sum of $900.00 annually. The city commissioners and mayor may receive their necessary actual expenses incurred in and about their offices, which expenses herein provided for the mayor shall constitute all compensation in full for service as Mayor and as Commissioner. The salaries may be paid in periodic installments in the same manner as the City of New Smyrna Beach pays its regular payroll.

Section 2. This act shall take effect July 1, 1963.

Section 3. Notice of intention to apply for the passage of this act by the Legislature has been published as required by Section 21 of Article III of the Constitution of the State of Florida, and affidavit of proof of such publication was duly attached to this act when this bill was introduced in the Legislature and accompanied said bill throughout the Legislature and the Legislature hereby determines that said notice and affidavit are sufficient in form and substance and that Section 21 of Article III of the Constitution of Florida and Section 11.02 and 11.03, Florida Statutes 1961 have been complied with in every respect.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 15, 1963.

CHAPTER 63-1674 (1963)
SENATE BILL NO. 575

AN ACT authorizing the City of New Smyrna Beach to abolish the Fireman's Relief and Pension Fund of the City of New Smyrna Beach as existing under Chapter 175, Florida Statutes and providing for disposition of the monies and providing for an effective date.

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

Section 1. The City of New Smyrna Beach be and it is hereby authorized and empowered to abolish the Fireman's Relief and Pension Fund of the City of New Smyrna Beach as the same now exists by virtue of Chapter 175, Florida Statutes.

Section 2. In abolishing said fund, the City of New Smyrna Beach shall refund to the firemen their contributions which have been deducted from their salaries, refund to the State of Florida the proceeds of the excise or license tax and proportion the interest which has accrued on said fund to the firemen and to the State of Florida in proportion to their contributions to said fund.

Section 3. Any payments due a fireman who may be deceased shall be made to his surviving widow, if any, and if not, to his estate.

Section 4. Notice of intention to apply for the passage of this act by the Legislature had been published as required by Section 21 of Article III of the Constitution of the State of Florida, and affidavit of proof of such publication was duly attached to this act when this bill was introduced in the Legislature and accompanied said bill throughout the Legislature and the Legislature hereby determines that said notice and affidavit are sufficient in form and substance and that Section 21 of Article III of the Constitution of Florida and Section 11.02 and 11.03, Florida Statutes 1961 have been complied with in every respect.

Section 5. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Approved by the Governor May 9, 1963.

Filed in Office Secretary of State May 10, 1963.

1965 AMENDMENTS TO THE
CITY CHARTER

CHAPTER 65-1964 (1965)
HOUSE BILL NO. 2086

AN ACT relating to Volusia county; amending the city charter of New Smyrna Beach by amending section 186 of chapter 22408, Laws of Florida, to provide for an increase in the city commission's salary to one hundred fifty dollars per month and the mayor's salary to two hundred dollars per month; providing an effective date.

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

Section 1. Section 186 of chapter 22408, Laws of Florida, is amended to read:

Section 186. Compensation of Mayor and City Commissioners.

The members of the city commission shall receive the sum of one hundred fifty dollars per month, except the mayor of the city of New Smyrna Beach, who shall receive the sum of two hundred dollars per month. The city commissioners and mayor may receive their necessary actual expenses incurred in and about their offices, which expenses shall be approved by the city commission. The compensation herein provided for the mayor shall constitute all compensation in full for service as mayor and as commissioner.

Section 2. This act shall take effect immediately upon becoming law.

Approved by the Governor June 3, 1965.

Filed in Office Secretary of State June 3, 1965.

CHAPTER 65-1965 (1965)
HOUSE BILL NO. 2087

AN ACT relating to Volusia county; amending the city charter of New Smyrna Beach by amending sections 156 and 193 of chapter 22408, Laws of Florida, 1943, to provide for a thirty-year grant or franchise to a public utility and providing a method for disposing of any existing municipally owned utility; providing an effective date.

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

Section 1. Section 156 of chapter 22408, Laws of Florida is amended to read:

Section 156.

Period of Grant shall be amended to read as follows: No such grant or franchise shall be exclusive, nor shall it be made for a longer period than thirty years. No such grant or franchise shall be renewed earlier than two by unanimous vote of its members first declare by ordinance its intention of considering a renewal thereof. All grants or rights to make extension of any public utility shall be subject as far as practicable to the terms of the original grant and shall expire therewith.

Section 2. Section 193 of chapter 24408, Laws of Florida is amended to read:

Section 193. Lease or Sale of Any Utilities Owned by the Municipality.

Before any now existing or any future municipally owned utility, or part thereof, shall be sold or leased, such sale or lease shall be approved by a majority of the votes cast in an election in which a majority of the freeholders who are qualified electors in the city of New Smyrna Beach shall participate. Said election shall be held as prescribed by law and if more than one part or parcel of said utility system is proposed to be sold or leased the ballot shall clearly identify leased and the terms thereof; provided further that if more than one proposal to sell or lease is to be voted on at one election each proposal shall be voted on separately. Said election may be held separately or with any other election.

Section 3. The provisions of this act shall not be effective until approved by a majority of the qualified electors in said city voting at an election called for such purpose, which election may be held separately or with any other election. Said election shall be held in the manner prescribed by law and if such election is not held before December 31, 1965, this act shall be null, void, and of no force or effect.

Section 4. This act shall take effect upon becoming a law.

Approved by the Governor June 3, 1965.

Filed in Office Secretary of State June 3, 1965.

CHAPTER 65-1966 (1965)
HOUSE BILL NO. 2091

AN ACT relating to Volusia county; amending section 197 of the charter of the city of New Smyrna Beach, the same being chapter 22408, Laws of Florida, Special Acts of 1943, by including therein an additional provision excluding land known as Yacht Club Island from the terms of said section; providing an effective date.

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

Section 1. That section 197 of the charter of the city of New Smyrna Beach, the same being chapter 22408, Laws of Florida, Special Acts of 1943, is hereby amended as follows:

Section 197. Manner of selling, leasing, encumbering and otherwise disposing of any marsh lands owned by the city of New Smyrna Beach, and excluding certain lands from the provisions herein.

(a) That whenever the city commission of the city of New Smyrna Beach, a municipality situated in Volusia county, Florida, shall determine it to be for the best interest of the said city of New Smyrna Beach, to sell, lease, encumber or otherwise dispose of any part or all of the marsh lands owned by the city of New Smyrna Beach, including those heretofore or hereafter acquired, the city commission of said city shall by resolution evidence such intent and determination, and shall provide for a public hearing to be held at the usual meeting place of said city commission, and not sooner than twenty-one (21) days from the time of the adoption of said resolution, to hear protests, if any there be, against such sale, lease, encumbrance or other disposal. Public notice must be given of said public hearing, by publishing the same in a newspaper of general circulation in the city of New Smyrna Beach, at least two times, not closer than one week apart, prior to said public hearing and the said public hearing shall not be held sooner than seven (7) days after the last publication of said notice.

(b) After the public hearing, hereinabove provided for, has been held and after hearing protests, if the city commission is still of the opinion that its marsh lands, or any part or parcel thereof, should be sold, leased, encumbered or otherwise disposed of, the said city commission shall then by resolution direct that such marsh lands or part thereof, be sold, leased, encumbered or otherwise disposed of at public sale or outcry at the city hall in said city and to the best and highest bidder therefor, for cash. No such public sale shall be had, lend or made until a notice thereof has been published in a newspaper of general circulation in the said city of New Smyrna Beach, at least three times, not less than one week apart, and the said public sale shall not be had, held or made sooner than seven (7) days after the last publication of said notice. Said notice shall fully and completely describe the property to be sold, leased, encumbered or otherwise to be disposed of and the time and exact place of said public sale.

(c) That the proceeds received by the said city of New Smyrna Beach, from any such sale, lease, encumbrance or other disposal of all or any part of the marsh lands of said city, shall be placed in a separate special fund and shall be used by said city for capital improvements within the said city, and not otherwise.

(d) The land known as Yacht Club Island in the city of New Smyrna Beach, Volusia county, Florida, is hereby excluded from all of the provisions of this section for the sale of marsh lands.

Section 2. This act shall take effect immediately upon becoming a law.

Approved by the Governor June 3, 1965.

Filed in Office Secretary of State June 3, 1965.

1967 AMENDMENTS TO THE CITY CHARTER

CHAPTER 67-1754 (1967)
House Bill No. 1669

AN ACT relating to New Smyrna Beach, Volusia county; amending city charter, chapter 22408, Laws of Florida, 1943, to create a utilities commission and prescribe its authority; repealing chapter 61-2587, Laws of Florida, relating to a utilities commission; providing for a referendum; providing for an effective date.

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

Section 1. There is hereby created and made a part of the government of the city of New Smyrna Beach a utilities commission to be known and designated as "Utilities Commission, City of New Smyrna Beach, Florida," which shall consist of five (5) members. For the purposes of this act, unless otherwise designated, the word commission shall mean the utilities commission of New Smyrna Beach and the word commissioner shall mean a member of the said utilities commission.

Section 2. The commission shall consist of five (5) members to be appointed by the city commission. One (1) commissioner shall serve until the first Wednesday in September, 1967, one (1) shall serve until the first Wednesday in September 1968, one (1) shall serve until the first Wednesday in September 1969, one (1) shall serve until the first Wednesday in September 1970 and one (1) shall serve until the first Wednesday in September 1971. The city commissioners shall appoint a replacement for any commissioner whose term expires and the replacement shall be appointed for a term of five (5) years. Should a vacancy occur on the utilities commission by virtue of resignation, death or removal, the unexpired term shall be filled as provided above. Any commissioner may be removed from office upon a majority vote of the city commissioners for malfeasance, misfeasance, nonfeasance, conviction of a felony or upon recommendation of a majority of the utility commissioners.

Section 3. Each commissioner shall be a qualified elector and freeholder in New Smyrna Beach, but no employee or elected or appointed officer of the city shall be a commissioner and no commissioner who has served two (2) consecutive terms of five (5) years each shall succeed himself.

Section 4. The commission shall meet at least once each month at the offices of the commission. All meetings of the commission shall be open to the public and minutes shall be kept of all meetings. The commission shall have authority to promulgate rules and regulations for the conduct of its meetings and the operation of its business. At the regular meeting of the commission in September of each year, the commissioners shall elect a chairman, a vice-chairman, a secretary and a treasurer from its membership; however, the office of secretary and treasurer may be combined.

Section 5. The commission shall have the power to appoint and employ engineers, auditors, attorneys and such other personnel as may be necessary for the efficient operation of the city's utilities and the management of its business and affairs.

Section 6. The commission shall have full and exclusive authority over the management, operation and control of all of the city's utilities and shall employ and discharge at their pleasure all employees whose services are performed in any manner in connection with said utilities.

Section 7. The commissioners shall be paid such salary may from time to time be set by the city commission of the city of New Smyrna Beach, but no more than one hundred dollars ($100.00) each month, and in addition shall be paid necessary expenses incurred in carrying on and conducting the business of the commission subject to the approval of the city commission.

Section 8. The commission shall submit to the city commission a monthly statement showing all sums or amounts received, operating expenses, amount charged to depreciation and extensions, reserve fund and amount appropriated to interest and sinking fund. The fiscal year of the commission shall begin January 1 and end December 31 of each year and the books and records of the commission shall be audited by an independent certified public accountant as of the close of business of each fiscal year.

Section 9. The commission shall have full and exclusive power and authority to prescribe rules, rates and regulations governing the sale and use of electricity, water, gas and sewage collection and treatment wherever such services are furnished by said commission and to change the same at its pleasure, after conducting a public hearing or hearings pertaining to rate changes. The commission is authorized to furnish electricity, power, water, gas and sewage collection and treatment to private individuals and corporations wherever the same may be required and feasible as determined by the commission and for said purpose the commission shall have the right to acquire, construct, maintain, extend, improve and develop electric production and distribution systems, water production and distribution facilities and systems, gas production and distribution systems and sanitary sewer facilities and systems, including the right to construct and maintain electric lines, water and gas mains and sewers in, along and under all public streets and highways and to contract with and receive grants and contributions from the United States or any of its agencies or departments, the state and any municipality, public body, corporation, partnership or individual for such purposes.

Section 10. The commission shall have the exclusive power and authority to bill and collect the prescribed fees or charges for all services and utilities under its control and when collected, the flow of funds shall be; first, the payment of all operating and maintenance expenses of said utilities; second, the funding of all reserves required by revenue certificates issued by the city or said commission for projects under commission control including the debt service payments of all such revenue certificates as same become due; third, the payment to the general fund of the city a sum equal to six per cent (6%) of the gross revenues from utilities under commission control; such payments shall be made monthly. The surplus shall be paid annually to the general fund of the city after reserving an adequate fund for operation and maintenance expenses, capital improvements and line extensions as determined by the commission.

Section 11. The commission is empowered, by its duly constituted authorities, to exercise the right of eminent domain to appropriate property, except state or federal, for the purpose of obtaining, constructing and maintaining electric plants, substations and distribution lines; water or gas mains, reservoirs and pumping stations; sewer lines, pumping stations and disposal or processing plants and to acquire all such lands, waters and lands adjacent to waters which the commission judges may be necessary for the full and complete construction, maintenance and operation of any utility. The title to all property, real or personal, owned or acquired by the commission shall be vested in the city of New Smyrna Beach.

Section 12. The commission shall have the power to shut off and discontinue the supplying of water, electricity or any other utilities or services now or hereafter under the control, management or jurisdiction of the commission to any and all users for violation of any of the rules or regulations pertaining to the sale, distribution or use of such utilities and services and for nonpayment, when due, of the fees, rentals or other charges for utilities and services. Regulations governing the shutting off and discontinuance of any of such utilities and services and the terms and conditions for the restoration of such utilities and services, including interest and charges for shutting off and discontinuance or the restoration of said utilities and services may be adopted by the commission.

Section 13. The commission shall have power and authority to make agreements and covenants with the city of New Smyrna Beach and the holders of any revenue bonds or other obligations issued to finance, in whole or in part, any repairs, extensions or improvements of any utility with respect to the filing and collecting of fees, rentals and other charges for services and utilities. All such agreements and covenants shall constitute and be deemed valid contracts between the commission and the holders of any revenue bonds or other obligations and may be enforced by any holder of such revenue bonds or any other obligations in any court of competent jurisdiction subject, however, to any provisions for enforcement which may be contained in such agreements or covenants or in the resolution or resolutions of the governing body of the city or the commission pursuant to which such obligations were issued.

Section 14. The commission, upon a majority vote, is hereby authorized to borrow at any time an amount of money equal to ten per cent (10%) of the book value of the electric and water plants for any six (6) month period and to pay interest on such sum borrowed at a rate not to exceed the then prevailing interest rate and to issue its promissory note or notes as evidence of said indebtedness which notes shall be signed by the chairman of the commission and the secretary thereof, provided that at no time shall such promissory note or notes exceed ten per cent (10%) of the book value of such plants and provided further that money so borrowed shall be expended only for current operating expenses.

Section 15. The commission shall, after conducting a public hearing or hearings, have the right, power and authority to issue revenue certificates or promissory notes for the purpose of paying all or a part of the costs of acquisition, construction, repairing, extensions, additions, equipping and the reconstruction of any of the city's utilities. All of such revenue certificates or promissory notes while authorized and issued by the commission shall be obligations of the city of New Smyrna Beach and no referendum or freeholder election shall be required as a condition precedent to the issuance of such revenue certificates or promissory notes. All revenue certificates shall be offered for sale to not less than three (3) responsible bond brokers and the best bid accepted unless, in the discretion of the commission, a better bid may be obtained by negotiation. In such case the commission shall have the right to reject all bids and sell said certificates upon the best terms offered therefor.

(1)

Revenue certificates issued under the provisions of this act shall be payable from the revenues derived from the operation of the city's utilities or services under the supervision, operation and control of the commission and from any other funds legally available therefor.

(2)

The commission shall not convey or mortgage any property or facility or any part thereof as security for the payment of revenue certificates.

(3)

In the discretion of the commission, each or any issue of such revenue certificates may be secured by a trust agreement by and between the commission and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust agreement may pledge or assign the revenues to be received by the commission. The resolution providing for the issuance of revenue certificates or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the certificate holders as may be reasonable, proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition, construction, improvements, maintenance, operation, repair, equipping and insurance of the facilities, and the custody, safeguarding and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the commission. Such resolution or such trust agreement may restrict the individual right of action by certificate holders as is customary in trust agreements securing bonds or debentures of corporations. In addition to the foregoing, such resolution or trust agreement may contain such other provisions as the commission may deem reasonable and proper for the security of certificate holders. Except as this chapter otherwise provides, the commission may provide, by resolution or by trust agreement, for the payment of the proceeds of the sale of the revenue certificates and the revenues of the utilities and services to such officer, board or depository as it may determine for the custody thereof and for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust agreement may be treated as a part of the cost of operation of the utilities affected by such trust agreement.

(4)

The resolution or trust agreement providing for the issuance of the revenue certificates may also contain such limitations upon the issuance of additional revenue certificates as the commission may deem proper and such additional certificates shall be issued under such restrictions or limitations as may be prescribed by the resolution or trust agreement.

Section 16. The commission is authorized to provide by resolution for the issuance of refunding revenue certificates for the purpose of refunding any revenue certificates heretofore issued by the city of New Smyrna Beach then outstanding or issued under the provisions of this chapter. The commission is further authorized to provide by resolution for the issuance of revenue certificates for the combined purpose of:

(1)

Paying the cost of any acquisition, construction, extension, addition, improving, equipping or reconstruction of a facility or facilities of the commission;

(2)

Refunding revenue certificates heretofore issued by the city of New Smyrna Beach and of the commission which shall theretofore have been issued under the provisions of this chapter and shall then be outstanding.

The issuance of such obligations, the maturities and other details thereof, the rights and remedies of the holders thereof, the rights, powers, privileges, duties and obligations of the commission with respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable.

Section 17. Any revenue certificates or other obligations issued pursuant to this chapter shall be and constitute legal investments for bonds, savings banks, trustees, executors, administrators and all other fiduciaries for all state, municipal and public funds and shall also be and constitute securities eligible for deposit as security for all state, municipal or other public funds notwithstanding the provisions of any other law or laws to the contrary.

Section 18. Chapter 61-2537, Laws of Florida, Special Acts of 1961, is hereby repealed.

Section 19. If any section, clause or provision of this chapter shall be held unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective it shall be valid and effective, and no other section, clause or provision shall, on account thereof, be deemed invalid or ineffective.

Section 20. All laws or parts of laws in conflict herewith are repealed.

Section 21. Before this act shall become operative, a referendum shall be held in the manner of holding elections as now authorized in the city of New Smyrna Beach and the question to be voted upon is as follows:

"Shall the Charter of the City of New Smyrna Beach, Florida, be changed by repealing Chapter 61-2537, Laws of Florida, Special Acts of 1961, and creating a Utilities Commission and providing for appointment of members of said commission, prescribing the powers and duties thereof, providing for eminent domain, power to borrow money and issue revenue bonds? Yes or No."

and said act shall not become operative unless a majority of qualified voters voting on said question shall vote "Yes" and the determination of the results of said election by the city commission of the city of New Smyrna Beach shall be conclusive and the city commission shall call such election prior to December 1, 1967.

Section 22. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 19, 1967.

CHAPTER 67-1755 (1967)
House Bill No. 1670

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the charter of the City of New Smyrna Beach, Florida, by changing section 10 by deleting the requirement that the City Commission approve by affirmative vote of a majority of its members present all bills against the city before vouchers in payment of same are drawn.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 10 as follows:

Section 10. Limitations, powers and duties of commission.

All powers of the city except such as are vested in the jurisdiction of the Municipal Court and except as are otherwise provided in this act or by the constitution of this state hereby are vested in the City Commission, and except as otherwise provided by this act or by the constitution of this state, the city commission may by ordinance or resolution provide the manner in which any power of the city shall be exercised. It shall be the duty of the commission at a regular or special meeting to approve all bills against the city by the affirmative vote of a majority of its members present, provided that wherever in this charter and amendments thereto it is specified that a matter or thing shall be accomplished by the passage of an ordinance, the city commission is empowered to accomplish the same by a motion duly made and passed and entered in the minutes of the meeting or by resolution except that nothing contained herein shall be construed as repealing the charter provision for the enactment of ordinances of a general or permanent nature or resolutions and ordinances providing for public improvements, to pay the cost for which special assessments are to be made, nor shall any matter or thing be put into effect by the City Commission except by ordinance when a penalty, whether by fine or imprisonment is to be imposed.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State August 4, 1967.

CHAPTER 67-1756 (1967)
House Bill No. 1671

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, changing Section 136 by providing that expenditures for non-competitive merchandise and the acquisition of real estate shall not require competitive bids.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1948 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 136 as follows:

Section 186. Expenditures in excess of five hundred dollars.

When an expenditure, other than the compensation of persons employed by the city, exceeds five hundred dollars, such expenditure first shall be authorized and directed by motion duly made and carried by a majority of the commissioners present at any regular or special meeting of the City Commission, and no contract involving an expenditure in excess of five hundred dollars shall be made or awarded except upon competitive bids. Competitive bids may, as the commission may direct, be by public notice through publication as required and set forth in the city charter, or by direct notification to not less than three competitive suppliers of the product or service. Bids, when received, shall remain sealed until opened in the presence of the city commission and, after tabulation by the city manager, be approved and awarded by the city manager and the city commission, provided that expenditures for non-competitive merchandise and the acquisition of real estate shall nor require competitive bids. However, before acquiring any real estate, there shall be an appraisal made by not less than two qualified real estate appraisers, the qualification of said appraisers to be determined by the city commission.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 7, 1967.

CHAPTER 67-1757 (1967)
House Bill No. 1672

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 78 by providing for a new fiscal year and providing for an effective date.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 78 as follows:

Section 78. Fiscal year.

The fiscal year of the City shall begin on the first day of October of every year and end on the 30th day of September following.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 7, 1967.

CHAPTER 67-1758 (1967)
House Bill No. 1673

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 9 by adding Sections 9A and 9B providing for four commissioners and a mayor commissioner, a vice mayor, staggered terms, four zone boundaries for said city, repealing Section 199 of said charter and providing for a referendum and an effective date.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by adding Section 9A and 9B as follows:

Section 9A. Creation of commission; term of office.

Commencing with the election to be held in 1970, the elective officers of said city shall be four commissioners and a mayor commissioner. One commissioner shall be elected from each zone, but the mayor commissioner and the four commissioners shall be voted upon by the qualified voters of the entire city at large. No votes shall be counted for mayor commissioner or commissioners except those cast by duly qualified electors residing in the City of New Smyrna Beach, Florida. The commissioners shall be residents and duly qualified electors of the zones from which they are elected at least six months prior to the date of election. The mayor-commissioner shall be a resident and qualified elector of the City of New Smyrna Beach at least six months prior to the date of election. In the election to be held in 1970 and thereafter, the mayor-commissioner shall be elected for a term of two years. In the election to be held in 1970 and thereafter, the mayor-commissioner shall be elected for a term of two years. In the election to be held in 1970, the commissioners from Zones 1 and 3 shall be elected for a term of four years and the commissioners from Zones 2 and 4 shall be elected for a term of two years. Thereafter, the commissioners from all zones shall be elected for a term of four years. Beginning in 1970 and continuing thereafter, a majority of the members of the city commission shall select a vice mayor who shall preside at all meetings in the absence of the mayor.

Section 9B. Zone boundaries.

Effective January 1, 1970, Section 199 of the Charter of the City of New Smyrna Beach shall be repealed and replaced by the following section:

The City of New Smyrna Beach shall be and it is hereby divided into zones to be known and designated as follows:

Zone 1. All that portion of the City of New Smyrna Beach lying within the following described boundary:

Commencing with the intersection of the center line of Mary Avenue and the Westerly boundary of the City of New Smyrna Beach; thence Easterly along the center line of Mary Avenue to the intersection of the center line of North Riverside Drive; thence Southerly along the center line of Riverside Drive to the intersection with the center line of Lytle Avenue; thence Easterly along the center line of Lytle Avenue (South Causeway) to the intersection with the center line of the United States Government main channel of the Indian River North; thence along the center line of the United States Government main channel of the Indian River North to the intersection with the Northerly boundary line of the City of New Smyrna Beach; thence Northwesterly along the Northerly boundary line of said City of New Smyrna Beach to the intersection with the Westerly boundary line of said city; thence Southerly along said Westerly boundary line to the intersection of said Mary Avenue and the Westerly boundary line of said city.

Zone 2. All that portion of the City of New Smyrna Beach lying within the following described boundary:

Commencing at the intersection of the center line of Third Avenue extended Easterly and the low water line of the Atlantic Ocean; thence Westerly along the Easterly line of Third Avenue to the intersection of the center line of the South Causeway; thence Westerly along the center line of the South Causeway to the intersection with the center line of the United States Government main channel of the Indian River North; thence along the center line of the United States Government main channel of the Indian River North to the intersection of the Northerly boundary line of said city; thence Easterly along said Northerly boundary line of said city to the low water line of the Atlantic Ocean; thence Southerly along the low water line of the Atlantic Ocean to its intersection with the center line of Third Avenue extended Easterly.

Zone 3. All that portion of the City of New Smyrna Beach lying within the following described boundary:

Commencing at the intersection of the center line of Third Avenue extended Easterly and the low water line of the Atlantic Ocean; thence Westerly along the center line of Third Avenue to the intersection with the center line of the South Causeway; thence Westerly along the center line of the South Causeway to the intersection with the center line of United States Government main channel of the Indian River North; thence Southerly along the center line of United States Government main channel of the Indian River North to the intersection with the Southerly boundary line of said City; thence along the South boundary line of said city to its intersection with the low water line of the Atlantic Ocean; thence Northerly along the low water line of the Atlantic Ocean to its intersection with the center line of Third Avenue extended Easterly.

Zone 4. All that portion of the City of New Smyrna Beach lying within the following described boundary:

Commencing at the intersection of the center line of Mary Avenue and the Westerly boundary line of the City of New Smyrna Beach; thence Easterly along the center line of Mary Avenue to the intersection with the center line of Riverside Drive; thence Southerly along the center line of Riverside Drive to the intersection with the center line of Lytle Avenue (South Causeway); thence Easterly along the center line of Lytle Avenue to the intersection with the center line of United States Government main channel of the Indian River North; thence Southerly along the center line of the United States Government main channel of the Indian River North to the intersection with the line dividing New Smyrna Beach and Edgewater; thence Westerly along the line dividing the City of New Smyrna Beach and Edgewater to the intersection with the Westerly boundary line of the City of New Smyrna Beach; thence Northerly along the Westerly boundary line of said city to its intersection with the center line of Mary Avenue.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval, subject to the provisions of Section 3 hereof.

Section 3. Before this act shall become operative, a referendum shall be held in the manner of holding elections as now authorized by law in the City of New Smyrna Beach, Florida, and the question to be voted upon is as follows:

"SHALL THE CHARTER OF THE CITY OF NEW SMYRNA BEACH, FLORIDA, BE CHANGED IN ORDER TO PROVIDE FOR FOUR COMMISSIONERS AND A MAYOR COMMISSIONER AND A VICE MAYOR, STAGGERED TERMS, FOUR ZONE BOUNDARIES AND REPEALING SECTION 199 OF SAID CHARTER? YES OR NO."

And said act shall not become operative unless a majority of the qualified voters voting on said question shall vote "Yes" and the determination of the results of said election by the City Commission of the City of New Smyrna Beach shall be conclusive, and the City Commission of the City of New Smyrna Beach shall call such election prior to December 1, 1967.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 7, 1967.

CHAPTER 67-1759 (1967)
House Bill No. 1674

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 9 by providing for the term of office for the commissioners from zones 1, 4 and 5 to be for two years instead of four years and providing for the election of a mayor and a vice mayor and providing for an effective date.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 9 as follows:

Section 9. Creation of commission; term of office.

The elective officers of said city shall be five commissioners. One commissioner shall be elected from each zone, but shall be voted upon by qualified voters of the entire city at large. No votes shall be counted for commissioner except those cast by duly qualified electors residing in the City of New Smyrna Beach, Florida. The commissioner from each zone shall be a resident and qualified elector of the zone from which he is elected at least six months prior to date of election. In the first election to be held after this act is adopted, the commissioner receiving the greatest number of votes shall be mayor and serve for a term of two years; the two commissioners receiving the next highest number of votes shall serve for a term of four years; the two commissioners receiving the least number of votes shall serve for a term of two years; thereafter, the Mayor-commissioner and two commissioners shall be elected every two years, the commissioners to be elected for a term of four years and the mayor to be elected for a term of two years, with the candidate receiving the greatest number of votes being mayor, and in like manner thereafter so that every two years the Mayor-commissioner and two commissioners are elected and two commissioners are held over, PROVIDED that in the election to be held in March, 1968, the term of office of the commissioners from Zones 1, 4 and 5 shall be for two years. The commissioner receiving the greatest number of votes shall be mayor and serve for a term of two years; the commissioner receiving the next highest number of votes shall be vice mayor and serve for a term of two years.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 7, 1967.

CHAPTER 67-1760 (1967)
House Bill No. 1675

AN ACT amending Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 79 by deleting from the estimate of expenditures and revenues of the ensuing year the expenditures for the corresponding items during the two fiscal years last past, and the increase of demands compared with the increased appropriation for the last fiscal year.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 79 as follows:

Section 79. Annual estimates.

The City Manager in his annual report covering the operation of the city, which it shall be his duty to make and submit to the City Commission covering the fiscal year, shall set forth an estimate of the expenditures and revenues of the city for the ensuing year. This estimate shall be compiled from detailed information and in its arrangement the classification of expenditures shall be as nearly uniform as possible for the main functional divisions and departments of the city and shall give in parallel columns the following information.

(a)

Detailed estimate of the expenses of conducting each department and division of the city government, including all public utilities and enterprises conducted by the city.

(b)

Amounts of supplies and materials on hand.

(c)

Such other information as is required by the city commission, or by any member thereof with respect to their respective zones, or as the City Manager may deem advisable to submit. The estimates so given and constituting the recommendation of the City Manager as to the amounts necessary to be appropriated for the ensuing fiscal year shall be supported with information giving the reasons therefor in such detail as may be necessary to afford the City Commission a comprehensive understanding of the needs and requirements of the various divisions of the city government for the ensuing period. Sufficient copies of the annual report and estimate of the City Manager shall be prepared so that there may be copies on file in the office of the City Clerk for inspection by the public.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 7, 1967.

CHAPTER 67-1761 (1967)
House Bill No. 1760

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 193 by providing that before any now existing or any future municipally owned utility shall be sold or leased, the ordinance authorizing the sale or lease shall not become a law or effective in any way until the same has been approved at an election by a majority of the then registered and qualified electors who are freeholders of the City of New Smyrna Beach, and providing for a referendum and an effective date.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 193 as follows:

Section 193. Lease or sale of any utilities owned by the municipality.

Before any now existing or any future municipally owned utility shall be sold or leased, the ordinance authorizing the sale or lease shall not become a law or effective in any way until the same has been approved at an election by a majority of the then registered and qualified electors who are freeholders of the City of New Smyrna Beach. The question of such utility's being sold or leased shall not be submitted to such vote except upon deposit with the City Manager by the applicant for such sale or lease, the expenses of such submission, such expenses to be determined by the City Commission.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval, subject to the provisions of Section 3 hereof.

Section 3. Before this act shall become operative, a referendum shall be held in the manner of holding elections as now authorized by law in the City of New Smyrna Beach, Florida, and the question to be voted upon is as follows:

"SHALL THE CHARTER OF THE CITY OF NEW SMYRNA BEACH, FLORIDA, BE CHANGED IN ORDER TO PROVIDE THAT BEFORE ANY NOW EXISTING OR ANY FUTURE MUNICIPALLY OWNED UTILITY SHALL BE SOLD OR LEASED, THE ORDINANCE GRANTING SAME SHALL NOT BECOME A LAW OR EFFECTIVE IN ANY WAY UNTIL THE SAME HAS BEEN APPROVED AT AN ELECTION BY A MAJORITY OF THE THEN REGISTERED AND QUALIFIED ELECTORS WHO ARE FREEHOLDERS OF THE CITY OF NEW SMYRNA BEACH? "YES OR NO."

And said act shall not become operative unless a majority of the qualified voters, voting on said question, shall vote "Yes" and the determination of the results of said election by the City Commission of the City of New Smyrna Beach shall be conclusive, and the City Commission of the City of New Smyrna Beach shall call such election prior to December 1, 1967.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 27, 1967.

CHAPTER 67-1762 (1967)
House Bill No. 1763

AN ACT amending Chapter 22408 Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, by changing Section 156 by providing that the period of a grant or franchise shall not be made for a longer period than thirty years and providing an effective date.

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

Section 1. That Chapter 22408, Laws of Florida, Special Acts of 1943 as amended, the same being the Charter of the City of New Smyrna Beach, Florida, is hereby amended by changing Section 156 as follows:

Section 156. Period of grant.

No such grant or franchise shall be exclusive nor shall it be made for a longer period than thirty years. No such grant or franchise shall be renewed earlier than two years prior to its expiration unless the City Commission by unanimous vote of its members first shall declare by ordinance its intention of considering a renewal thereof. All grants or rights to make extension of any public utility shall be subject, as far as practicable, to the terms of the original grant and shall expire therewith.

Section 2. This act shall take effect immediately upon its approval by the Governor or upon its becoming a law without such approval.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 27, 1967.

1969 AMENDMENTS TO THE CITY CHARTER

CHAPTER 69-1335 (1969)
House Bill No. 2062

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 147 of chapter 22408, Laws of Florida, 1943, by making more specific the legal results of the vacation of a street or thoroughfare; providing an effective date.

Section 1. Section 147 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 147. Vacation or change of name.

The city commission, in vacating any street or part of street or changing the name of any street, may include in one (1) ordinance the change of name or vacation or narrowing of more than one (1) street, avenue, or alley, but before vacating any street or part thereof, or narrowing any street, the city commission first shall pass a resolution declaring its intention to do so. Notice as in civil actions shall be served upon all persons whose property abuts upon the portion of the street affected by the proposed vacation or narrowing, and by publication once in a newspaper of general circulation in the city as to all the persons who cannot be personally served. Said notice shall state the time and place at which objection can be heard before the city commission, and the city commission may thereafter by ordinance declare such vacation or narrowing of street, avenue, or alley of which notice previously was given as hereinbefore provided for, and such order of the city commission regarding vacating or narrowing of a street which has been dedicated to public use by the proprietor shall, to the extent to which it is vacated or narrowed, operate as a revocation of the acceptance thereof by the city commission.

Section 2. This act shall take effect immediately upon its becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1336 (1969)
House Bill No. 2063

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 32 of chapter 22408, Laws of Florida, 1943, relating to the creation of departments by the city commission; providing an effective date.

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

Section 1. Section 32 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 32. Distribution of powers.

The executive and administrative powers of the city not herein otherwise provided for, shall be vested in and exercised by the following officers and departments:

A city attorney, a municipal judge and such departments as may be created by the city commission.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1337 (1969)
House Bill No. 2064

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 6 of chapter 22408, Laws of Florida, 1943; redefining the westerly boundary line of the corporate limits; providing an effective date.

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

Section 1. Section 6 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 6. Establishment of new municipality; boundaries.

That a municipality to be known and designated as the "City of New Smyrna Beach," is hereby created, established, organized and constituted in the County of Volusia, and State of Florida, the territorial boundaries of which shah be as follows:

Beginning at an old stake situated ninety-seven feet (97′) east of the center of the bridge South Canal, Gabbardy's Canal at its junction with the Indian River North and the Southeast Corner of the Pedro De Cala Grant, also being the Southeast Corner of the Seymour Pickett Grant, supposed to be located within a few feet of the Northeast Canal, in Township 17 South; Range 34 East; thence Westerly along the South Line of said Pickett Grant to the Southwest Corner of said Pickett Grant; thence Northerly on the West Line of said Pickett Grant to the Northwest Corner of said Pickett Grant; thence Easterly along the North Line of said Pickett Grant to the Southeast Corner of Lot 1, Model Land Company's Subdivision as recorded in Map Book 4, Page 9 of the Public Records of Volusia County, Florida; thence Northerly along the East line of said Lot 1 to the Northeast Corner of said Lot 1; thence Westerly along the North Line of said Lot 1 to an intersection with the Southerly prolongation of the West Line of a street platted in said Model Land Company's Subdivision said street being between Lots 28 to 33 inc., and Lots 21 to 26 inc. of said Model Land Company's Subdivision, said street now known as Alma Street; thence...Line of Section 26, Township 17 South, Range 34 East, thence Westerly along the South Line of said Section 26 and continuing Westerly along the Westerly prolongation of the South Line of said Section 26, to the point of its intersection with United States Government Channel of the Indian River North; thence Northerly along the center line of the United States Government Main Channel of the Indian River North to the intersection with the prolongation of the South Line of the Pedro De Cala Grant; thence Westerly to the point of beginning. All being in the County of Volusia, State of Florida.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1338 (1969)
House Bill No. 2065

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 53 of chapter 22408, Laws of Florida, 1943, by allowing the city manager to appoint the fire chief; providing an effective date.

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

Section 1. Section 53 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 53. Fire force; duties.

The fire force of the city shall consist of a chief, who shall be fire warden and who shall be appointed by the city manager, and as many subordinate officers, firemen and employees as the city commission shall, by ordinance, determine. The fire chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employees of the fire force subject to such rules and regulations as may be prescribed by the city manager or by ordinance of the city; he shall have exclusive management and control of such officers and employees as may be employed in the administration of the affairs of his force. In case of riot, conflagration or like emergency, the city manager or, in his absence, the fire chief, may appoint additional firemen for temporary service. The fire chief shall have the right to suspend any officer or employee of the fire force because of incompetency, neglect of duty, drunkenness, failure to obey orders given by proper authority or for any other just and reasonable cause, and he shall immediately report the fact of such suspension to the city manager for final action.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1339 (1969)
House Bill No. 2066

AN ACT relating to the City of New Smyrna Beach, Volusia County; repealing sections 138 and 139 of chapter 22408, Laws of Florida, 1943, regarding bids in excess of estimate and contracts in excess of estimates; providing an effective date.

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

Section 1. Sections 138 and 139 of chapter 22408, Laws of Florida, 1943, are repealed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1340 (1969)
House Bill No. 2067

AN ACT relating to the City of New Smyrna Beach, Volusia County; repealing sections 48 and 49 of chapter 22408, Laws of Florida, 1943, regarding duties and responsibilities of the city manager and powers and duties of the public health officer; providing an effective date.

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

Section 1. Sections 48 and 49 of chapter 22408, Laws of Florida, 1943, are repealed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1341 (1969)
House Bill No. 2068

AN ACT relating to New Smyrna Beach, Volusia County; amending section 9 of chapter 22408, Laws of Florida, 1943, providing for five seats on the city commission with seat one being the mayor-commissioner and staggering the terms of office; amending section 16A of chapter 22408, Laws of Florida, 1943, as amended by chapters 57-1609 and 59-1611, Laws of Florida, changing the recall procedure to conform with the five seat system and also changing required number of registered voters necessary to have a recall election; amending section 179 of chapter 22408, Laws of Florida, 1943, changing nomination of candidates and petitions for place on primary ballot to conform with the five seat system; amending section 181 of chapter 22408, Laws of Florida, 1943; changing the nomination and election procedure when tie vote, when primary election unnecessary and general election unnecessary to conform to five seat system; repealing section 199 of chapter 22408, Laws of Florida, 1943, regarding zone boundaries; providing for a referendum.

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

Section 1. Section 9 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 9. Creation of commission; term of office.

The elective offices of the city shall be five commissioners, one of whom shall be mayor. One commissioner shall be elected for each of the following seats: Seat 1 - Mayor-Commissioner, Seat 2, Seat 3, Seat 4, and Seat 5 but shall be voted upon by qualified voters of the entire city at large. No votes shall be counted except those cast by duly qualified electors residing in the City of New Smyrna Beach at least six months prior to date of election. In the first election to be held after this act is adopted, commissioners for seats 1, 2 and 3 shall be elected for a term of two years; commissioners for seats 4 and 5 shall be elected for a term of four years. Thereafter, commissioner for seat 1 shall be elected for a term of two years; seats 2, 3, 4 and 5 shall be elected for a term of four years, it being the intention that every two years a majority of the commission would be required to run for reelection. In qualifying for election to the city commission, each candidate shall designate the seat for which he intends to run. One city commissioner shall be elected for each seat. Any number of candidates may qualify for any one seat but no person shall qualify at the same time for more than one seat.

Section 2. Section 16A of chapter 22408, Laws of Florida, 1943, as amended by chapters 57-1609 and 57-1611, Laws of Florida, is amended to read:

Section 16A. City commissioners, procedure of removal from office.

(a) Any or all members of the city commission may be removed from office of city commissioner by the electors by following the following procedure: Upon "Petition of Recall of City Commissioner" in substantially the following form:

"We, the undersigned, registered, qualified electors of the City of New Smyrna Beach, Florida, hereby file this Petition to Recall ___________ from the office of City Commissioner of the City of New Smyrna Beach, Florida, and petition that a Recall Election for such purpose be held, and if said Recall Election carries, thereafter an election for the designation of his successor in office be held as provided by law.

Name	Address	Date
_____	_____	_____
_____	_____	_____
_____	_____	_____
_____	_____	_____

 

STATE OF FLORIDA
	SS
COUNTY OF VOLUSIA

 

On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, ___________, who, being by me first duly sworn, deposes and says that he (or she) circulated the above and foregoing petition for recall of city commissioner and that the persons signing the above petition signed the same in his (or her) presence and that this affidavit is made under and pursuant to the perjury laws of the State of Florida.

Sworn to and subscribed before me this _____ day of ________, ___.

_____ Notary Public, State of Florida at Large My commission expires:

 

Provided, however, that no such recall shall be had unless the commissioner sought to be recalled has been guilty of malfeasance or misfeasance in office or has been convicted of a felony or of a crime involving moral turpitude, and the petition shall specify the acts alleged to constitute such misfeasance or malfeasance or such felony or offense involving moral turpitude as said commissioner has been convicted of.

(b) The said petition shall be signed by at least ten percent (10%) of the qualified and registered electors residing in the City of New Smyrna Beach, in the presence of the person circulating said petition and the street address of the persons signing the petition shall be stated opposite their respective signatures. Said petition shall be signed and filed with the city auditor and clerk of said city within thirty days from the date of the first signature thereon and said city auditor and clerk shall, within five days after receipt of said petition, transmit said petition to the city commission together with a certificate of said city auditor and clerk certifying whether or not the required number of electors have signed within thirty days prior to the filing of said petition with said city auditor and clerk.

(c) Upon the city auditor and clerk certifying to the City Commission that the required number of electors have signed said petition within thirty days prior to the filing of said petition with the city auditor and clerk, the city commission immediately shall file said petition and certificate among its records and notify the commissioner or commissioners named in the said petition of the filing thereof. Thereafter, the city commission shall, within ten days after receipt of said petition and certificate of said city auditor and clerk, order a special recall election to be held not less than thirty days or more than fifty days thereafter; provided, however, should there by another municipal election to be held within sixty days after the filing of said petition with the city commission, the city commission may, in its discretion, hold the recall election at the same time.

(d) Unless the commissioner or commissioners named in said petition shall have resigned, the names of said commissioner or commissioners named in said petition shall be placed on the recall ballot, together with the question as to whether or not such commissioner or commissioners shall be recalled from office.

(e) Should a majority of the electors, voting in said recall election, vote to recall a commissioner or commissioners from the office, the city commission, after canvassing said recall votes, shall declare the office of said commissioner or commissioners vacant and the vacancy shall be filled as provided in Section 16 of the City Charter of said city.

Section 3. Section 179 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 179. Nomination of candidates, petitions for place on primary ballot.

Candidates for the office of city commissioner shall be nominated only by a non-partisan primary election. The name of any elector of the city shall be printed upon the primary ballot if there is filed with the board of elections a petition in accordance with the following provisions, to-wit:

(a)

Such petition shall state the name of each person whose name is presented for a place upon the ballot and that he is a candidate for the office of city commissioner for the City of New Smyrna Beach, Florida, for Seat 1, Mayor-Commissioner, or Seats 2, 3, 4 or 5 as provided for in Section 9 of this Charter.

(b)

Such petition shall be signed by at least fifty duly registered, qualified electors of the City of New Smyrna Beach.

(c)

Each elector signing a petition shall add to his signature the date of signing. All signatures shall be made with ink or indelible pencil.

(d)

The signatures of all petitioners need not be appended to one paper, but to each separate paper there shall be attached an affidavit of the candidate circulating the same, stating the number of signers thereto, that each person signed in his presence on the date mentioned, and that the signature is that of the person whose name it purports to be; but all of said petitions, whether consisting of one paper or several, must be circulated by the candidate himself.

(e)

Such petition shall not be signed by an elector more than forty-five days prior to the day of such primary election and such petition shall be filed with the board of elections not less than twenty-five days previous to the day of such election.

Section 4. Section 181 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 181. Nomination and election; procedure when tie vote; when primary election unnecessary; when general election unnecessary.

When there are less than three persons nominated by petition as set forth in section 179 hereof for any seat, then and in that event no primary election shall be held for the election of a commissioner for that seat and the board of elections shall declare the person or persons so nominated by petition as aforesaid as nominee or nominees for the office of city commissioner for said seat at the general municipal election; however, if more than two persons are nominated by petition for any seat, then the board of elections shall include the nominees for said seat in the primary election as herein provided. If any candidate receives a majority of the votes cast for any particular seat at the primary election, he shall be declared elected to said seat, and no candidate's name for said seat shall be placed on the ballot for the general election. However, if no candidate receives a majority of the votes cast for any particular seat at the primary election, the two candidates receiving the highest number of votes for that seat shall have their names placed on the ballot for that seat at the general election. At the general election, the candidate receiving the highest number of votes for each seat shall be declared elected to such seat. A tie between two or more candidates for city commissioner for any seat shall be determined by special election in the city at large, to be held in accordance with the provisions of this act. The ballot on the voting machine to be used at said elections shall be arranged to designate clearly the names of the candidates for each seat.

Section 5. Section 199 of chapter 22408, Laws of Florida, 1943, is repealed.

Section 6. This act shall take effect immediately subject to the provisions of section 7 hereof.

Section 7. This act shall become effective only upon approval by a majority vote of electors voting in a referendum election to be held in the City of New Smyrna Beach. Said election shall be held prior to December 1, 1969. The city council shall conduct the election as authorized by the charter. A ballot shall be provided by the city council which provides for a choice, to wit:

Shall the charter of the City of New Smyrna Beach, Florida be changed by amending Section 9 to provide for five seats on the commission, seat 1 to be the Mayor-Commissioner, all of the seats to be voted upon at large, and provide for staggered terms; by amending Section 16A to conform the recall procedure to the seat system and to change the required number of registered voters necessary to have a recall election; by amending Section 179 to change nomination of candidates and petitions for place on primary ballot to conform with the five seat system; by amending Section 181 to change the nomination and election procedure when tie vote, when primary election is unnecessary and the general election is unnecessary to conform to the five seat system; and by repealing Section 199 regarding zone boundaries? Make a cross mark (X) for or against the question

□	For
□	Against

 

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1342 (1969)
House Bill No. 2069

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 52 of chapter 22408, Laws of Florida, 1943, providing for the duties of the chief of police; providing an effective date.

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

Section 1. Section 52 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 52. Chief of police; duties of.

The chief of police shall attend all meetings of the city commission and aid in the enforcement of order under the direction of the presiding officer. He shall attend in person or by deputy the municipal court during its sittings, execute the commands and processes of said court, aid in the enforcement of order therein and perform such other duties appropriate to his office as may be imposed upon him by law, the ordinances of the city, and by direction of the city manager, consistent with this act. He shall have the right to suspend any officer or employee of the police force because of incompetency, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just or reasonable cause, and he shall immediately report the fact of such suspension to the city manager for final action.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1343 (1969)
House Bill No. 2070

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending subsection XXII of section 170 of chapter 22408, Laws of Florida, 1943; providing the board shall give notice by publication in at least one (1) publication in a newspaper of general circulation in the City of New Smyrna Beach at least sixty (60) days immediately preceding any election of times and places where electors may register; providing an effective date.

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

Section 1. Subsection XXII of section 170 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 170.

XXII. The board shall give notice by publication in at least one (1) publication in a newspaper of general circulation printed in the City of New Smyrna Beach at least sixty (60) days immediately preceding any election, of the times and places where electors may register.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1344 (1969)
House Bill No. 2071

AN ACT relating to the City of New Smyrna Beach, Volusia County; repealing sections 25 and 26 of chapter 22408, Laws of Florida, 1943, regarding public improvements; providing an effective date.

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

Section 1. Sections 25 and 26 of chapter 22408, Laws of Florida, 1943, are repealed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1345 (1969)
House Bill No. 2072

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 79 (e) of chapter 22408, Laws of Florida, 1943, relating to information submitted on city commission zones; providing an effective date.

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

Section 1. Subsection (e) of section 79 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 79. Annual estimates.

The city manager in his annual report covering the operation of the city, which it shall be his duty to make and submit to the city commission covering the fiscal year, shall set forth an estimate of the expenditures and revenues of the city for the ensuing year. This estimate shall be compiled from detailed information and in its arrangement the classification of expenditures shall be as nearly uniform as possible for the main functional division and departments of the city and shall give in parallel columns the following information:

(e)

Such other information as is required by the city commission or any member thereof.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1346 (1969)
House Bill No. 2073

AN ACT relating to the City of New Smyrna Beach, Volusia County; repealing section 54 of chapter 22408, Laws of Florida, 1943, regarding public welfare and improvements, city manager's powers; providing an effective date.

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

Section 1. Section 54 of chapter 22408, Laws of Florida, 1943, is repealed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1347 (1969)
House Bill No. 2074

AN ACT relating to the City of New Smyrna Beach, Volusia County; repealing sections 83 and 134 of chapter 22408, Laws of Florida, 1943, regarding approval and payment of claims, and sewer, water and gas connections respectively; providing an effective date.

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

Section 1. Sections 83 and 134 of chapter 22408, Laws of Florida, 1943, are repealed.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1348 (1969)
House Bill No. 2075

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 136 of chapter 22408, Laws of Florida, 1943, by providing that purchases up to and including the sum of one thousand dollars ($1,000) be made without competitive bids; providing an effective date.

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

Section 1. Section 136 of chapter 22408, Laws of Florida, 1943, is amended to read:

Section 136. Expenditures in excess of one thousand dollars.

When an expenditure, other than the compensation of persons employed by the city, exceeds one thousand dollars ($1,000), such expenditure first shall be authorized and directed by motion duly made and carried by a majority of the commissioners present at any regular or special meeting of the city commission, and no contract involving an expenditure in excess of one thousand dollars ($1,000) shall be made or awarded except upon competitive bids. Competitive bids may, as the commission may direct, be by public notice through publication as required and set forth in the city charter, or by direct notification to not less than three (3) competitive suppliers of the product or service. Bids, when received, shall remain sealed until opened in the presence of the city commission and, after tabulation by the city manager, be approved and awarded by the city manager and the city commission, provided that expenditures for noncompetitive merchandise and the acquisition of real estate shall not require competitive bids. However, before acquiring any real estate, there shall be an appraisal made by not less than two (2) qualified real estate appraisers, the qualifications of said appraisers to be determined by the city commission.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 18, 1969.

CHAPTER 69-1349 (1969)
House Bill No. 2235

AN ACT relating to the city of New Smyrna Beach, Volusia county; amending section 31(b) and (i), chapter 22408, Laws of Florida, 1943; allowing the city manager to appoint and remove all subordinate officers and employees of the city without first obtaining approval of the city commission with the exception of appointive officers required by the city charter; allowing purchases up to and including one thousand dollars ($1,000.00) without competitive bids; repealing section 31(j) of chapter 22408, Laws of Florida, 1943; providing for a referendum.

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

Section 1. Subsections (b) and (i) of chapter 22408, Laws of Florida, 1943, are amended to read:

Section 31. Powers and duties.

The city manager shall be responsible to the city commission for the proper administration of all affairs of the city, and to that end his powers are, and they shall be:

(b)

Except as herein otherwise provided, to appoint and remove all subordinate officers and employees of the city.

(i)

He shall be purchasing agent of the city, by whom all purchases of supplies shall be made. In the capacity of purchasing agent he shall also conduct all sales of personal property which the city commission may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the city commission may from time to time prescribe. If an amount in excess of one thousand dollars ($1,000.00) is involved, opportunity for competition shall be given.

Section 2. Subsection (j) of section 31 of chapter 22408, Laws of Florida, 1943, is repealed.

Section 3. This act shall become effective only upon approval by a majority vote of the electors voting in a referendum election to be held at the

next regular primary or general election or at a special election to be called by the city commission of the city of New Smyrna Beach within six (6) months from date this act is filed with the secretary of state.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 22, 1969.

CHAPTER 69-1350 (1969)
House Bill No. 2560

AN ACT relating to the City of New Smyrna Beach, Volusia County; amending section 7A(1) of chapter 57-1606, Laws of Florida, by changing approval of annexation from two thirds (2/3) of the votes cast to a simple majority; providing an effective date.

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

Subsection (1) of section 7A of chapter 57-1606, Laws of Florida, is amended to read:

Section 7A. Annexation.

The city may annex contiguous territory by one (1) of the two (2) following methods:

(1)

By referendum election in which all freeholders of the territory to be annexed who are qualified electors of Volusia County shall be eligible to vote. Such annexation shall be approved by a majority of the votes cast in any such election. Said election shall be held pursuant to and after a resolution call[ing] for same has been passed by the city commission and after notice of the proposed election has been published in a newspaper published in said city once a week for four (4) consecutive weeks. Said resolution and notice shall contain a description of the area sought to be annexed and the date and place said election is to be held; provision shall be made for special registration for said election and the cost of such election shall be borne by the City of New Smyrna Beach.

Section 2. This act shall take effect immediately upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State July 3, 1969.

1985 AMENDMENTS TO THE CITY CHARTER

CHAPTER 85-503 (1985)
SENATE BILL NO. 1149

An act relating to the Utilities Commission of the City of New Smyrna Beach, Volusia County; amending chapter 67-1754, Laws of Florida; limiting the length and number of terms of members of the commission; providing that the commission may extend city utilities beyond the corporate limits of the city only upon approval of the city commission; providing for city commission review and approval of the commission budget; providing for approval of the city commission before issuing or refunding revenue certificates; providing for city commission approval before entering into certain contracts; providing for the fiscal year required by general law; providing severability; providing an effective date.

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

Section 1. Chapter 67-1754, Laws of Florida, is amended to read:

Section 1. Created; definitions.

There is hereby created and made a part of the government of the City of New Smyrna Beach a utilities commission to be known and designated as "Utilities Commission, City of New Smyrna Beach, Florida," which shall consist of five (5) members. For the purposes of this act, unless otherwise designated, the word "commission" shall mean the utilities commission of New Smyrna Beach and the word "commissioner" shall mean a member of the said utilities commission. Except as otherwise authorized, the utilities commission shall function the same as it previously functioned under Laws of Fla., ch. 67-1754. This act shall not supersede or alter the general law in effect and agreements entered into prior to the effective date of this act [June 12, 1985].

Section 2. Members; appointment; term; vacancy; removal.

The commission shall consist of five (5) members to be appointed by the city commission. One (1) commissioner shall serve until the first Wednesday in September, 1967, one (1) shall serve until the first Wednesday in September 1968, one (1) shall serve until the first Wednesday in September 1969, one (1) shall serve until the first Wednesday in September 1970 and one (1) shall serve until the first Wednesday in September 1971. The city commissioners shall appoint a replacement for any commissioner whose term expires and the replacement shall be appointed for a term of three (3) five (5) years. Should a vacancy occur on the utilities commission by virtue of resignation, death or removal, the unexpired term shall be filled as provided above. Any commissioner may be removed from office upon a majority vote of the city commissioners for malfeasance, misfeasance, nonfeasance, conviction of a felony or upon recommendation of a majority of the utilities commissioners.

Section 3. Members; qualifications.

Each commissioner shall be a qualified elector and freeholder in New Smyrna Beach, but no employee or elected or appointed officer of the city shall be a commissioner and no commissioner shall serve more than three consecutive terms. who has served two (2) consecutive terms of five (5) years each shall succeed himself.

Section 4. Meetings; rules and regulations; officers.

The commission shall meet at least once each month at the offices of the commission. All meetings of the commission shall be open to the public and minutes shall be kept of all meetings. The commission shall have authority to promulgate rules and regulations for the conduct of its meetings and the operation of its business. At the regular meeting of the commission in September of each year, the commissioners shall elect a chairman, a vice-chairman, a secretary and a treasurer from its membership; however, the office of secretary and treasurer may be combined.

Section 5. Authority to appoint and employ necessary personnel.

The commission shall have the power to appoint and employ engineers, auditors, attorneys and such other personnel as may be necessary for the efficient operation of the city's utilities and the management of its business and affairs.

Section 6. Authority over city's utilities.

The commission shall , pursuant to the New Smyrna Beach Charter, manage, operate have full and exclusive authority over the management, operation and control of all of the city's utilities and shall employ and discharge at their pleasure all employees whose services are performed in any manner in connection with said utilities.

Section 7. Commissioners' salary, expenses.

The commissioners shall be paid such salary as may from time to time be set by the city commission of the City of New Smyrna Beach, but no more than one hundred dollars ($100.00) each month, and in addition shall be paid necessary expenses incurred in carrying on and conducting the business of the commission subject to the approval of the city commission.

Section 8. Monthly statements; fiscal year; annual audit.

The commission shall submit to the city commission a monthly statement showing all sums or amounts received, operating expenses, amount charged to depreciation and extensions, reserve fund and amount appropriated to interest and sinking fund. The fiscal year of the commission shall begin October 1 January 1 and end September 30 December 31 of each year and the books and records of the commission shall be audited by an independent certified public accountant as of the close of business of each fiscal year.

Section 9. General powers and authority.

The commission shall have full and exclusive power and authority to prescribe rules, rates and regulations governing the sale and use of electricity, water, gas and sewage collection and treatment wherever such services are furnished by said commission and to change the same at its pleasure, after conducting a public hearing or hearings pertaining to rate changes. The commission is authorized to furnish electricity, power, water, gas and sewage collection and treatment to private individuals and corporations wherever the same may be required and feasible as determined by the commission and for said purpose the commission shall have the right to acquire, construct, maintain, extend, improve and develop electric production and distribution systems, water production and distribution facilities and systems, gas production and distribution systems and sanitary sewer facilities and systems, including the right to construct and maintain electric lines, water and gas mains and sewers in, along and under all public streets and highways and to contract with and receive grants and contributions from the United States or any of its agencies or departments, the state and any municipality, public body, corporation, partnership or individual for such purposes. The commission may extend city utilities beyond the corporate limits of the City of New Smyrna Beach in conformance with the requirements of Chapter 366, Florida Statutes, only upon approval by ordinance of the city commission and the commission may enter into a contract for a term of more than four (4) years only after approval by ordinance of the city commission. The city commission may not withhold its approval or deny passage of an ordinance where such withholding or denial would cause the commission to violate any of the covenants or terms of its bond resolutions and related contracts, resolutions, and documents. The commission shall prepare and submit its budget for the ensuing year to the city commission on or before June 1 of each year, setting forth its estimated gross revenues and estimated requirements for operations and maintenance expenses, debt service, and depreciation. A copy of the budget shall be published once in a newspaper of general circulation in the city during the month of June. The commission shall adopt the budget for the ensuing year only upon approval by ordinance of the city commission. The city commission may not withhold its approval or deny passage of an ordinance approving the budget where such withholding or denial would cause the commission to violate any of the covenants or terms of its bond resolutions and related contracts, resolutions, and documents.

Section 10. Billing and collection of fees and charges; disposition of funds collected.

The commission shall have the exclusive power and authority to bill and collect the prescribed fees or charges for all services and utilities under its control and when collected, the flow of funds shall be: First, the payment of all operating and maintenance expenses of said utilities; second, the funding of all reserves required by revenue certificates issued by the city or said commission for projects under commission control including the debt service payments of all such revenue certificates as same become due; third, the payment to the general fund of the city a sum equal to six (6) percent of the gross revenues from utilities under commission control; such payments shall be made monthly. The surplus shall be paid annually to the general fund of the city after reserving an adequate fund for operation and maintenance expenses, capital improvements and line extensions as determined by the commission.

Section 11. Acquisition of property by eminent domain; title.

The commission is empowered, by its duly constituted authorities, to exercise the right of eminent domain to appropriate property, except state or federal, for the purpose of obtaining, constructing and maintaining electric plants, substations and distribution lines; water or gas mains; reservoirs and pumping stations; sewer lines, pumping stations and disposal or processing plants; and to acquire all such lands, waters and lands adjacent to waters which the commission judges may be necessary for the full and complete construction, maintenance and operation of any utility. The title to all property, real or personal, owned or acquired by the commission shall be vested in the City of New Smyrna Beach.

Section 12. Authority to shut off and discontinue water, electricity, or other utilities.

The commission shall have the power to shut off and discontinue the supplying of water, electricity or any other utilities or services now or hereafter under the control, management or jurisdiction of the commission to any and all users for violation of any of the rules or regulations pertaining to the sale, distribution or use of such utilities and services and for nonpayment, when due, of the fees, rentals or other charges for utilities and services. Regulations governing the shutting off and discontinuance of any of such utilities and services and the terms and conditions for the restoration of such utilities and services, including interest and charges for shutting off and discontinuance or the restoration of said utilities and services may be adopted by the commission.

Section 13. Agreements with holders of revenue bonds and other obligations.

The commission shall have power and authority to make agreements and covenants with the City of New Smyrna Beach and the holders of any revenue bonds or other obligations issued to finance, in whole or in part, any repairs, extensions or improvements of any utility with respect to the filing and collecting of fees, rentals and other charges for services and utilities. All such agreements and covenants shall constitute and be deemed valid contracts between the commission and the holders of any revenue bonds or other obligations and may be enforced by any holder of such revenue bonds or any other obligations in any court of competent jurisdiction subject, however, to any provision for enforcement which may be contained in such agreements or covenants or in the resolution or resolutions of the governing body of the city or the commission pursuant to which such obligations were issued.

Section 14. Borrowing money.

The commission, upon a majority vote, is hereby authorized to borrow at any time an amount of money equal to ten (10) percent of the book value of the electric and water plants for any six (6) month period and to pay interest on such sum borrowed at a rate not to exceed the then prevailing interest rate and to issue its promissory note or notes as evidence of said indebtedness, which notes shall be signed by the chairman of the commission and the secretary thereof, provided that at no time shall such promissory note or notes exceed ten (10) percent of the book value of such plants and provided further that money so borrowed shall be expended only for current operating expenses.

Section 15. Revenue certificates and promissory notes.

The commission shall, upon the approval by ordinance of the city commission, after conducting a public hearing or hearings, have the right, power and authority to issue revenue certificates or promissory notes for the purpose of paying all or a part of the cost of acquisition, construction, repairing, extensions, additions, equipping and the reconstruction of any of the city's utilities. The city commission shall not withhold its approval or deny passage of an ordinance where such a withholding or denial would cause the commission to violate any of the covenants or terms of its bond resolutions and related contracts, resolutions and documents. All of such revenue certificates or promissory notes while authorized and issued by the commission shall be obligations of the city of New Smyrna Beach and no referendum or freeholder election shall be required as a condition precedent to the issuance of such revenue certificates or promissory notes. All revenue certificates shall be offered for sale to not less than three (3) responsible bond brokers and the best bid excepted unless, in the discretion of the commission, a better bid can be obtained by negotiation. In such cases the commission shall have the right to reject all bids and sell said certificates upon the best terms offered therefor.

(1)

Revenue certificates issued under the provisions of this act shall be payable from the revenues derived from the operation of the city's utilities or services under the supervision, operation and control of the commission and from any other funds legally available therefor.

(2)

The commission shall not convey or mortgage any property or facility or any part thereof as security for the payment of revenue certificates.

(3)

In the discretion of the commission, each or any issue of such revenue certificates may be secured by a trust agreement by and between the commission and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust agreement may pledge or assign the revenues to be received by the commission. The resolution providing for the issuance of revenue certificates or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the certificate holders as may be reasonable, proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition, construction, improvements, maintenance, operation, repair, equipping and insurance of the facilities, and the custody, safeguarding and application of all monies. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the commission. Such resolution or such trust agreement may restrict the individual right of action by certificate holders as is customary in trust agreements securing bonds or debentures of corporations. In addition to the foregoing, such resolution or trust agreement may contain such other provisions as the commission may deem reasonable and proper for the security of certificate holders. Except as this chapter otherwise provides, the commission may provide, by resolution or by trust agreement, for the payment of the proceeds of the sale of the revenue certificates and the revenues of the utilities and services to such officer, board or depository as it may determine for the custody thereof and for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust agreement may be treated as a part of the cost of operation of the utilities affected by such trust agreement.

(4)

The resolution or trust agreement providing for the issuance of the revenue certificates may also contain such limitations upon the issuance of additional revenue certificates as the commission may deem proper and such additional certificates shall be issued under such restrictions or limitations as may be prescribed by the resolution or trust agreement.

Section 16. Refunding revenue certificates.

The commission , upon approval by ordinance of the city commission is authorized to provide by resolution for the issuance of refunding revenue certificates for the purpose of refunding any revenue certificates heretofore issued by the city of New Smyrna Beach then outstanding or issued under the provisions of this chapter. The commission is further authorized , upon approval by ordinance of the city commission, to provide by resolution for the issuance of revenue certificates for the combined purpose of:

(1)

Paying the cost of any acquisition, construction, extension, addition, improving, equipping or reconstruction of a facility or facilities of the commission;

(2)

Refunding revenue certificates heretofore issued by the city of New Smyrna Beach and of the commission which shall theretofore have been issued under the provisions of this chapter and shall then be outstanding.

The issuance of such obligations, the maturities and other details thereof, the rights and remedies of the holders thereof, the rights, powers, privileges, duties and obligations of the commission with respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable. The city commission shall not withhold its approval or deny passage of an ordinance where such a withholding or denial would cause the commission to violate any of the covenants or terms of its bond resolutions and related contracts, resolutions and documents.

Section 17. Legal status of revenue certificates or other obligations.

Any revenue certificates or other obligations issued pursuant to this chapter shall be and constitute legal investments for bonds, savings banks, trustees, executors, administrators and all other fiduciaries for all state, municipal and public funds and shall also be and constitute securities eligible for deposit as security for all state, municipal or other public funds notwithstanding the provisions of any other law or laws to the contrary.

Section 18.

If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.

Section 2. This act shall take effect upon becoming a law.

Became a law without the Governor's approval.

Filed in Office Secretary of State June 12, 1985.