Resolution 5632 RESOLUTION No. 5632
BE IT RESOLVED BY THE CITY C0UNC1L OF THE CITY OF
MlAMi BEACH, FLORIDA, that it is deemed to the best interest of
said City to secure the passage, at the 1943 session of the State
Legislature, of a bill entitled,
"AN ACT AmENDTlvG SECTIONS 15, 16, 17, 18, 20
AND 23, AND REPEALING SECTION 27 OF TIE CHARTER
OF THE CITY OF MIAMI BEACH, FLORIDA, BEING
CHAPTER 7672, LAMS OF FLORIDA, ACTS OF 1917,
AS AMENDED, SAID CHAPTER BEING ENTITLED "SAN
ACT TO ABOLISH THE PRESENT MUNICIPAL GOVERNMENT
OF THE TOWN OF MIAMI BEACH, IN THE COUNTY OF
DADE AND STATE OF FLORIDA, AND TO ESTABLISH,
ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR
THE CITY OF MIAMI BEACH, TO DEFINE ITS TERRI-
TORIAL BOUNDA:-1IES, TO PRESCRIBE ITS JURISDICTION,
POWERS AND PRIVIIE GES, AND FOR THE EXERCISE OF
SAME, AND TO AUTHORIZE THE IMPOSITION OF PENALTIES
FOR THF VIOLATION OF ITS ORDINANCES. " ; PROVIDING
FOR THE APPOINTMENT OR ELE(YI'I ON O Y A CITY ASSES-
SOR, A CITY CLERK AND HIS DEPUTIES, A TAX COLLEC-
TOR AND HIS DEPUTIES, A CITY MARSHALL OR CHIEF OF
YCLICE AND A CITY AUDITOR; PRESCRIBING MIL DUTIES
OF SAID OFFICERS; FIXING THE TERMS OF OFFICE AND
PROVIDING F'OR THE CMPENSATION OF ALL ThE OPt ICERS
OF SAID CITY AND REUIRING SAID OFFICERS TO TAKE
AND SUBSCRIBE AN OATH AND TO 'FURNISH BOND. "
BE IT FURTLER RESOLVED that copies of this Resolution
and of said bill be furnished to the hon. Ernest R. Graham, the
Hon. Marshall C. 44iseheart, the Hon. C. W. Peters, and the Hon.
R. B. Gautier, Jr. , members of the State Legislature from Dade
County, and that they each be respectfully requested to see that
a bill, substantially in accordance with said copy, be introduced
and passed at said session.
PASSED and ADOPTED this 11th day of March, A. D. 1943.
Zie
Mayor
ATTE Jr
City Clerk
A BILL TO BE ENTITLED:
AN ACT AMENDING SECTIONS 15, 16, 17, 18,
20 AND 23, AND REPEATING SECTION 27 OF
THE CHARTER OF THE CITY OF MIAMI BEACH,
FLORIDA, BEING CHAPTER 7672, LAWS OF
FLORIDA, ACTS OF 1917, AS AMENDED, SAID
CHAPTER BEING ENTITLED "AN ACT TO ABOLISH
THE PRESENT MUNICIPAL GOV c RNMENT OF THE
TOWN OF MIAMI BEACH, IN TiE COUNTY OF DADE
AND STATE OF FLORIDA, AND TO ESTABLISH,
ORGANIZE AND INCORPORATE A CITY GOVERNMENT
FOR THE CITY OF MIAMI 3EACh, TO DEFINE ITS
TERRITORIAL BOUNDARIES, TO PRESCRIBE ITS
JURISDICTION, POWERS AND PRIVILEGES, AND
FOR TEE EXERCISE OF 8AU, AND TO AUTHORIZE
TAE IMPOSITION OF PENALTIES FOR THE VIOLA-
TION OF ITS ORDINANCES."; PROVIDING FOR
THE APPOINTMENT OR ELECTION OF A CITY ASSESSOR,
A CITY CLERK AND HIS DEPUTIES, A TAX COLLECTOR
AND HIS DEPUTIES, A CITY MARSHALL OR CHIEF OF
POLICE AND A CITY AUDITOR; PRESCRIBING THE
DUTIES OF SAID OFFICERS; FIXING ThE TERMS
OF OFFICE AND PROVIDING FOR THE COMPENSATION
OF ALL THE OFFICERS OF SAID CITY AND REEUIR-
ING SAID OFFICERS TO TAKE AND SUBSCRIBE AND
OATH AND TO FURNISH BOND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
SECTION 1. That Section 15 of Chapter 7672, Laws of Florida,
Acts of 1917, as amended, be and the same is hereby
amended so as to read as follows:
"Section 15. There shall be appointed by the
City Manager, by and with the consent of the
City Council, or elected by the City Council
under the conditions and in the manner set
forth in Section 13 hbeeof, an assessor of
taxes who shall be designated the "City Assessor"
and whose duties shall be such as are fixed by
ordinance and by this Charter. "
SECTION 2. That Section 16 of Chapter 7672, Laws ofFlorida,
Acts of 1917, as amended, be and the same is hereby
amended so as to read as follows :
"Section 16. There shall be appointed by the
City Manager, by and with the consent of the
City Council, or elected by the City Council
under the conditions and in the manner set
forth in Section 13 hereof, a City Clerk whose
duties shall be such as are fixed by ordinance
and by this Charter. He shall be the Clerk of
the Municipal Court and shall have authority to
administer oaths and to issue warrants, upon
affidavit duly filed, for the arrest of persons
violating ordinances of the City.
The City Clerk may appoint a deputy, or deputies,
for whose acts he shall be liable, and the said
deputy, or deputies, shall have and exercise the
same powers as the Clerk himself."
SECTION 3. That Section 17 of Chapter 7672, Laws of Florida,
Acts of 1917, as amended, be and the same is hereby
amended so as to read as follows:
"Section 17. There shall be appointed by the
City Manager, by and with the consent of the
City Council, or elected by the City Council
under the conditions and in the manner set
forth in Section 13 hereof, a Tax Collector
whose duties shall be such as are fixed by
ordinance and by this Charter.
The Tax Collector shall have authority appoint
a deputy, or deputies, for whose acts he shall
be liable, and the aaid deputy, or deputies,
shall have and exercise the same powers as the
Tax Collector himself."
SECTION 4. That Section 18 of Chapter 7672, Laws of Florida,
Acts of 1917, as amended, be and the same is hereby
amended so as to read as follows :
"Section 18. There shall be appointed by the City
Manager, by and with the consent of the City Coun-
cil, or elected by the City Council under the
conditions and in the manner set forth in Section
13 hereof, a City Marshall or Chief of Police,
whose duties shall be such as are fixed by ordi-
nance and by this Charter. "
;ACTION 5. That Section 20 of Chapter 7672, Laws of Florida,
Acts of 1917, be and the same is hereby amended
so as to read as follows :
"Section 20. There shall be appointed by the
City Manager, by and with the consent of the
City Council, or elected by the City Council
under the conditions and in the manner set forth
in Section 13 hereof, a City auditor, whose
duties shall be such as are fixed by ordinance
and by this Charter. he shall submit to the
City Council, whenever required, a full and
complete statement of all receipts and disburse-
ments of the City since the date of the City' s
last financial statement, and he shall also
prepare and submit to each member of the City
Council, at the first regular meeting of each
month, a statement showing the amount of the
expenses of each city department for the pre-
ceding month, together with the amount allowed
to each department when the annual budget was
made. The officecf City Auditor may be combined
with that of City Clerk, City Assessor or City
Collector. "
S1CTICN 6. That Section 23 of Chapter 7672, Laws of Florida,
Acts of 1917, as amended, be and the same is hereby
amended so as to read as follows:
"Section 23. All officers of said City shall,
before entering upon the discharge of their
duties, take and subscribe an oath before some
person authorized to administer oaths, that they
are entitled to hold the office to which they
have been elected and appointed and all officers
of said City, except members of the City Council,
shall give bond in such sum and with such sureties
as may be required and approved by the City Council,
conditioned upon the faithful performance of the
duties of their respective offices.
All officers appointed or elected as provided
in this Act, except those Councilmen who, may
be elected for a four-year term as in this Charter
provided, shall hold office until the next ensuing
City election or until their successors are duly
appointed or elected and qualified.
The compensation of all City Officers shall be fixed
by ordinance."
SECTION 7. That Section 27 of Chapter 7672, Laws of Florida,
Acts of 1917, be and the same is hereby repealed.
SECTION 8. That all laws or parts of laws in conflict herewith
are hereby repealed.
SECTION 9. That thid Act shall go into effect immediately upon
its becoming a law.
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