• TABLE OF CONTENTS
HIDE
 Front Cover
 Copyright
 Preface
 Adoption of code
 Table of Contents
 Part I : charter and related...
 Division II : charter and related...
 General provisions
 Administration
 Animals and fowl
 Awnings and canopies
 Boats and docks
 Civil service
 Closing out sales
 Elections
 Employment agencies
 Fire department
 Fire prevention
 Harbor and bulkhead lines
 Health and sanitation
 Intoxicating Liquors
 Hotels, lodginghouses, etc
 Miami Beach City library
 Licenses
 Newsstands
 Lifeguards, etc
 Noises
 Offenses - miscellaneous
 Parking lots
 Police department
 Private schools
 Public amusements
 Racing information
 Real estate brokers and salesm...
 Registration of ex-convicts
 Retail florists and cut flower...
 Signs
 Streets and sidewalks
 Taxation
 Taxicabs and other vehicles for...
 Travel bureaus
 Vehicles and traffic
 Water
 Index














Title: Code of the city of Miami Beach, Florida, 1950.
CITATION PAGE IMAGE ZOOMABLE
Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00053718/00001
 Material Information
Title: Code of the city of Miami Beach, Florida, 1950.
Physical Description: Book
Language: English
Publisher: Michie City Publication Company
Publication Date: 1951
 Record Information
Bibliographic ID: UF00053718
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 01805471

Table of Contents
    Front Cover
        Front Cover
    Copyright
        Copyright
    Preface
        Preface
    Adoption of code
        Page iii
        Page iv
    Table of Contents
        Page vi
        Page vii
    Part I : charter and related laws
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
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        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
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        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
    Division II : charter and related laws
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
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        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
    General provisions
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
    Administration
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
    Animals and fowl
        Page 173
        Page 174
        Page 175
        Page 176
        Page 177
        Page 178
    Awnings and canopies
        Page 179
        Page 180
        Page 181
        Page 182
        Page 183
        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
    Boats and docks
        Page 190
        Page 191
        Page 192
        Page 193
        Page 194
        Page 195
        Page 196
    Civil service
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
        Page 204
        Page 205
        Page 206
        Page 207
        Page 208
        Page 209
    Closing out sales
        Page 210
        Page 211
        Page 212
        Page 213
        Page 214
        Page 215
    Elections
        Page 216
        Page 217
        Page 218
        Page 219
        Page 220
        Page 221
        Page 222
        Page 223
        Page 224
        Page 225
        Page 226
    Employment agencies
        Page 227
        Page 228
        Page 229
    Fire department
        Page 230
        Page 231
        Page 232
    Fire prevention
        Page 233
        Page 234
        Page 235
        Page 236
        Page 237
        Page 238
        Page 239
        Page 240
        Page 241
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        Page 250
        Page 251
        Page 252
        Page 253
        Page 254
        Page 255
        Page 256
        Page 257
    Harbor and bulkhead lines
        Page 258
        Page 259
        Page 260
        Page 261
        Page 262
        Page 263
    Health and sanitation
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
        Page 273
        Page 274
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        Page 282
        Page 283
        Page 284
        Page 285
        Page 286
        Page 287
        Page 288
        Page 289
        Page 290
        Page 291
        Page 292
        Page 293
        Page 294
        Page 295
        Page 296
        Page 297
        Page 298
        Page 299
    Intoxicating Liquors
        Page 304
        Page 305
        Page 306
        Page 307
        Page 308
        Page 309
        Page 310
        Page 311
        Page 312
        Page 313
        Page 314
        Page 315
        Page 316
        Page 317
        Page 318
        Page 319
        Page 320
        Page 321
        Page 322
        Page 323
        Page 324
    Hotels, lodginghouses, etc
        Page 300
        Page 301
        Page 302
        Page 303
    Miami Beach City library
        Page 362
        Page 363
        Page 364
    Licenses
        Page 325
        Page 326
        Page 327
        Page 328
        Page 329
        Page 330
        Page 331
        Page 332
        Page 333
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        Page 335
        Page 336
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        Page 350
        Page 351
        Page 352
        Page 353
        Page 354
        Page 355
        Page 356
    Newsstands
        Page 365
        Page 366
        Page 367
    Lifeguards, etc
        Page 357
        Page 358
        Page 359
        Page 360
        Page 361
    Noises
        Page 368
        Page 369
        Page 370
        Page 371
        Page 372
    Offenses - miscellaneous
        Page 373
        Page 374
        Page 375
        Page 376
        Page 377
        Page 378
        Page 379
        Page 380
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        Page 398
        Page 399
        Page 400
        Page 401
    Parking lots
        Page 402
        Page 403
        Page 404
    Police department
        Page 405
    Private schools
        Page 406
        Page 407
        Page 408
    Public amusements
        Page 409
        Page 410
        Page 411
        Page 412
        Page 413
    Racing information
        Page 414
        Page 415
        Page 416
        Page 417
    Real estate brokers and salesmen
        Page 418
        Page 419
        Page 420
        Page 421
        Page 422
        Page 423
        Page 424
    Registration of ex-convicts
        Page 425
        Page 426
        Page 427
    Retail florists and cut flower stands
        Page 428
        Page 429
    Signs
        Page 430
        Page 431
        Page 432
        Page 433
        Page 434
        Page 435
        Page 436
        Page 437
    Streets and sidewalks
        Page 438
        Page 439
        Page 440
        Page 441
        Page 442
        Page 443
        Page 444
        Page 445
    Taxation
        Page 446
        Page 447
        Page 448
        Page 449
        Page 450
        Page 451
        Page 452
        Page 453
        Page 454
        Page 455
        Page 456
        Page 457
        Page 458
        Page 459
        Page 460
        Page 461
        Page 462
        Page 463
    Taxicabs and other vehicles for hire
        Page 464
        Page 465
        Page 466
        Page 467
        Page 468
        Page 469
        Page 470
        Page 471
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        Page 496
        Page 497
        Page 498
        Page 499
        Page 500
        Page 501
        Page 502
    Travel bureaus
        Page 503
        Page 504
        Page 505
        Page 506
        Page 507
        Page 508
    Vehicles and traffic
        Page 509
        Page 510
        Page 511
        Page 512
        Page 513
        Page 514
        Page 515
        Page 516
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        Page 540
        Page 541
        Page 542
        Page 543
        Page 544
        Page 545
        Page 546
    Water
        Page 547
        Page 548
        Page 549
        Page 550
        Page 551
        Page 552
        Page 553
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        Page 596
        Page 597
        Page 598
    Index
        Page 599
        Page 600
        Page 601
        Page 602
        Page 603
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        Page 606
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        Page 647
        Page 648
Full Text

'J~I(~"


THE CODE OF THE CITY

OF

MIAMI BEACH, FLORIDA

1950




The Charter, the Related Laws
and the
General Ordinances of the City




ENACTED AS A WHOLE APRIL 4, 1951
EFFECTIVE JUNE 1, 1951




PUBLISHED BY ORDER OF THE CITY COUNCIL






MICHIE CITY PUBLICATIONS COMPANY
CHARLOTTESVILLE, VIRGINIA
1951















3 2s 0oL


















COPYRIGHT 1951
BY
MICHIE CITY PUBLICATIONS COMPANY











Preface


This volume constitutes the first revision and codification of the
general ordinances of the City of Miami Beach, Florida. It con-
tains the Charter of the City, as amended through 1950, Special
Acts of the Legislature relating to the City in addition to the
Charter, and such of the ordinances of a general and permanent
nature passed prior to December 8, 1950, as were found desirable
for retention, except those expressly saved from repeal by the
Adopting Ordinance.
The ordinances were codified, edited and indexed by the Editorial
Staff of Michie City Publications Company, Charlottesville, Vir-
ginia, under the supervision of Chas. W. Sublett, William M. Will-
son and Duffel S. Watson. Also recognition is due Miss Louise
Chambers of the publishers' secretarial staff for her very able work
during the preparation of this publication.
The publishers wish to express their appreciation to Mr. Ben
Shepard, City Attorney and Mr. A. H. Saperstein, Assistant City
Attorney, for their assistance and co-operation during the progress
of the work.
) A special feature to which the attention of the user is directed is
the arrangement of the chapters in alphabetical order. Special at-
S tention is also directed to the analysis preceding each chapter, which
in many instances will serve as an index within itself. The general
index, carried at the end of the Code, has been prepared with the
greatest of care, and should serve as an accurate medium for
locating within the Code the individual sections of municipal law
carried herein. In the footnotes, which appear throughout the Code,
will be found references to the state law. These notes likewise
contain cross references to other related provisions of the City Code
itself. By reference to the historical citations, appearing at the end
of each section, the user will be able to ascertain the ordinance from
which the present section has been derived.
It is now a recognized fact that if any City Code is to accomplish
its intended purpose it must be kept up to date by means of an
adequate supplemental service. Accordingly the publishers point
out the advisability and the necessity of keeping this present Code
current by publishing supplements at regular intervals.
The new City Code is presented to the officials and citizens of
the City of Miami Beach in the belief that it will merit their ap-
proval.
MICHIE CITY PUBLICATIONS COMPANY.











Adoption of Code


ORDINANCE NO. 970
An Ordinance Adopting a Revision and Codification of the Ordi-
nances of the City of Miami Beach, Florida, into a Code of Ordi-
nances; Providing for the Repeal of Ordinances Not Included
Therein Unless Expressly Excepted from Such Repeal, and for
SOther Purposes.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. That the ordinances of the City of Miami Beach,
Florida, as revised and codified and embraced in Chapters 1 to 38,
both inclusive, in Part II of the Volume entitled "The Code of the
City of Miami Beach, Florida, 1950", printed and published by the
Michie City Publications Company, of Charlottesville, Virginia, are
hereby adopted as and shall constitute the Code of the City of Miami
Beach, Florida.
Section 2. That all the provisions of "The Code of the City of
Miami Beach, Florida, 1950" shall be in force and effect on and
after the 1st day of June, 1951, and all ordinances of a general and
permanent nature, adopted by the City Council and in force on and
prior to the 7th day of December, 1950, and not contained in "The
Code of the City of Miami Beach, Florida, 1950", are hereby re-
pealed, effective the 1st day of June, 1951, except as hereinafter
provided.
Section 3. That the repeal provided for in Section 2 of this ordi-
nance shall not affect any offense or act committed or done, or any
penalty or forfeiture incurred, or any contract or right established
or accruing before the 1st day of June, 1951; nor shall said repeal
affect any ordinance or resolution promising or guaranteeing the
payment of money for the City or authorizing the issuing of bonds
of said City or any evidence of said City's indebtedness, or any
contract or obligation assumed by said City; nor shall said repeal
affect the administrative ordinances or resolutions of the City
Council not in conflict or inconsistent with the provisions of this
Code; nor shall it affect any right or franchise conferred by any
ordinance or resolution of the City Council on any, person, firm
or corporation; nor shall it affect the annual appropriation ordi-








MIAMI BEACI CITY CODE


nance; nor shall it affect any ordinance fixing salaries of City
officers and employees; nor shall it affect Ordinance No. 592 of the
City of Miami Beach, Florida, commonly known as the "Building
Code" including therein the "Electrical Code" and the "Plumbing
Code"; nor shall it affect Ordinance No. 285 of the City of Miami
Beach, Florida, concerning construction contractors, except in so
far as the provisions thereof are inconsistent or in conflict with the
Code of the City of Miami Beach, Florida, 1950; nor shall it affect
Ordinance No. 524 of the City of Miami Beach, Florida, concern-
ing gas fitters; nor shall it affect Ordinance No. 289 of the City
of Miami Beach, Florida, commonly known as the "Zoning Ordi-
nance"; nor shall it affect any prosecution or suit or other pro-
ceeding pending on any judgment rendered on or prior to the 1st
day of June, 1951; nor shall it affect Ordinance No. 845 of the City
of Miami Beach, Florida, and amendments thereto; nor shall it
affect any ordinance of the City of Miami Beach, Florida, adopted
on final passage from and after the 7th day of December, 1950.
Section 4. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
Passed and adopted this 4th day of April, A. D. 1951.
HAROLD TURK,
Mayor
ATTEST:
C. W. TOMLINSON,
City Clerk.












Table of Contents


PART I
Charter and Related Laws
PAGE
The Charter ......................................... 1
Related Laws ......................................... .79

PART II
The Code
CHAPTER
1. General Provisions ................................. 157
2. Administration ................................... 162
3. Animals and Fowl .................................. 173
4. Awnings and Canopies ............................... 179
5. Boats and Docks ................................... 190
6. Civil Service ....................................... 197
7. Closing Out Sales ................................. 210
8. Elections ............................ ............ 216
9. Employment Agencies ................................ 227
10. Fire Department ............... ............. 230
11. Fire Prevention .................................... 233
12. Harbor and Bulkhead Lines ........................... 258
13. Health and Sanitation ............................... 264
14. Hotels, Lodginghouses, etc. ........................... 300
15. Intoxicating Liquors ................................. 304
16. Jewelry, etc., Auction Sales ........................... 323
17. Licenses .......................................... 325
18. Lifeguards, etc. .................................... 357
19. Miami Beach City Library ............................ 362
20. N ewsstands ........................................ 365
21. Noises ................ ........................... 368
22. Offenses- Miscellaneous .............................. 373
23. Packers of Fruits, Nuts, etc. .......................... 400
24. Parking Lots ....................................... 402
25. Police Department ................................... 405
26. Private Schools .................................... 406
27. Public Amusements ................................ 409
28. Racing Information .................................. 414










VIII MIAMI BEACH CITY CODE

CHAPTER PAGE
29. Real Estate Brokers and Salesmen .................... 418
30. Registration of Ex-Convicts .......................... 425
31. Retail Florists and Cut Flower Stands ................. 428
32. Signs ......................................... 430
33. Streets and Sidewalks .............................. 438
34. Taxation .................. .... ............. 446
35. Taxicabs and Other Vehicles for Hire .................. 464
36. Travel Bureaus ...................... .............. 503
37. Vehicles and Traffic ................... ........... 509
38. W ater .............................. ...... ...... 547
Appendix-Pension and Retirement System ................ 565


Index .............................. ............... 599












PART I

Charter and Related Laws




Division I

THE CHARTER

Editor's note.-All amendments to the Charter are indicated by histor-
ical citations following the amended sections. Unless so indicated, the
section derives unchanged from chapter 7672, Special Acts of Florida,
1917. The catchlines appearing in boldface type at the beginning of each
section of the Charter were not included in the original Act or acts
amendatory thereto.

1. Town abolished.
2. Succession to property, etc., of town.
3. Obligations and contracts of town binding upon city.
4. Continuance in office of town officers; ordinances, etc., of town to
remain in effect.
5. City created and established; boundaries.
6. Powers of city generally.
6Y2. Limitation upon annexation and consolidation with other munic-
ipalities.
7. Authority to drain, etc., swamps, etc.
8. Designation of city officers; qualifications of officers; government
vested in certain officers; election and terms of office of council;
organization of council; powers and duties of mayor; council
restricted to other offices.
9. Procedure for passing ordinances generally.
10. Voting precincts or districts.
11. Enumeration of city officers; combination of offices; additional
officers and employees; compensation of council.
12. Interest by city officers in city contracts, purchase of city supplies,
etc., prohibited; penalty; exceptions where city officers are also
bank officials.
13. Powers and duties of city manager generally.
14. Powers and duties of municipal judge; associate judge; clerk of
court.
14(a). Search warrants.
15. Appointment of city assessor; duties.
16. Appointment of city clerk; powers and duties generally; deputies.










MIAMI BEACH CHARTER


17. Appointment of tax collector; duties generally; deputy collectors.
18. Appointment of city marshal or chief of police; duties generally.
19. Appointment of officers where offices combined.
20. Appointment of city auditor; duties generally.
21. Election of city attorney; duties generally.
22. Fire department and fire prevention generally.
23. Oath and bond of officers; terms of office; compensation.
24. Suspension and removal of officers, etc.
25. Arrests for violations of ordinances.
26. Limitation upon granting franchises; effective date of ordinances;
codification of ordinances; passage of ordinances by petition of
electorate; recall of councilmen.
27. (Repealed 1943).
28. Powers of council generally.
29 and 30. Local improvements generally.
31. Tax levy to pay local improvement bonds generally; local im-
provement bond fund; further provisions as to local improve-
ments.
32. Drawing warrants to pay city's indebtedness.
33. Indebtedness in excess of annual appropriation.
34. Designation of city depository; all funds to be deposited by city
clerk; method of making deposits and distribution of deposit
receipts; depositories to be bonded.
35. Revenue bonds or notes generally; refunding bonds.
36. Bond issue to pay outstanding indebtedness at time of bond issue;
bond issue to buy park property.
37. Further bond issues.
38. Further provisions concerning tax levy to pay for bond issues.
38Y2. Automobile parking facilities.
39. Qualified city electors.
40. Elections for city officers; general and special elections; polling
places.
41. Assessment of property for taxation; board of equalization.
42. Collection of taxes.
43. Maximum tax rate; exceptions; general fund.
44. Validity of assessments for 1917 and before; erroneous assessments.
45. Suits against the city for injuries; settlement of claims by council.
46. Existing rights not affected by passage of Charter; conflicting laws
repealed; existing ordinances remain effective until repealed.
47. Authority of council to pass ordinances.
48. Authority of city to establish, maintain, etc., municipal water, gas,
ice and electricity plants; further powers as to furnishing water.
49. Fees.
50. Further provision repealing conflicting laws.
51. Alteration and amendment of Charter.
52. Effective date of Charter.


0









MIAMI BEACI CHARTER


Sec. 1. Town abolished.
The existing municipality of the Town of Miami Beach, in the
County of Dade and State of Florida, is hereby abolished.

Sec. 2. Succession to property, etc., of town.
The title, rights and ownership of property, uncollected taxes,
dues, claims, judgments, decrees and choses in action held or owned
by the municipality of the Town of Miami Beach shall pass to and
be vested in the municipal corporation hereby organized to succeed
such municipality.

Sec. 3. Obligations and contracts of town binding upon
city.
No obligation or contract of said municipality, including all bonds
issued and outstanding, shall be impaired or avoided by this change,
but such debts and obligations shall pass to and be binding upon the
new municipality hereby organized and created.

Sec. 4. Continuance in office of town officers; ordinances,
etc., of town to remain in effect.
All officers of the existing municipality of the Town of Miami
Beach, whether elected or appointed, shall continue to hold office
during the unexpired term of their respective offices, and to discharge
the duties and receive the emolument thereof until a general city
election is held pursuant to the provisions of this Charter, and all
ordinances, resolutions, and regulations of the Town of Miami
Beach regularly passed, promulgated and enrolled not inconsistent
with the provisions of this Act, shall remain in full force and effect
until the same shall have been regularly amended, rescinded or re-
pealed.

Sec. 5. City created and established; boundaries.'
A municipality to be called City of Miami Beach, in the County
of Dade and State of Florida, is hereby created, organized and
established, the territorial boundaries of which shall be as follows:
Begin in Dade County, Florida, at a point fifteen hundred (1500)

1. For exclusion of certain lands from corporate limits, see 25 of the
Related Laws.









MIAMI BEACH CHARTER


feet east of where the north line of section two (2) in township
fifty-three (53) south of range forty-two (42) east, intersects the
low water mark of the Atlantic Ocean; thence run in a southerly
direction meandering fifteen hundred (1500) feet east of the low
water mark of the Atlantic Ocean to a point on a line running due
east and west along the center of Bears' Cut, south of the most
southerly point of Virginia Key; thence run due west along said
line to the eastern boundary line of the City of Miami, Florida, pro-
jected straight south; thence run in a northerly direction along said
,eastern boundary line of the City of Miami, Florida, projected as
.aforesaid, to a point on a line parallel with the south line of sections
three (3) and four (4) of township fifty-four (54) south of range
forty-two (42) east, and 508.85 feet south and 13015.6 feet west
,of the southeast corner of the southwest quarter (Y4) of said sec-
tion three (3), township fifty-four (54) south, range forty-two
(42) east; thence continue in a northerly direction to a point on a
line running east and west through the center of sections twenty-
two (22) and twenty-three (23) in township fifty-three (53)
south, range forty-two (42) east, produced west, and 10249.6 west
of the northeast corner of the southeast quarter (Y4) of said sec-
tion twenty-two (22); thence continue in a northeasterly direction
following as near as may be the center of Biscayne Bay to the inter-
section of Biscayne Bay with the north line of said section two (2),
township fifty-three (53) south, range forty-two (42) east, pro-
jected west; thence run east to a point fifteen hundred (1500) feet
east of where the north line of said section two (2), township
fifty-three (53) south, range forty-two (42) east, intersects the
low water mark of the Atlantic Ocean, which is the place of begin-
ning, which territorial boundaries shall include all islands, sand bars
and submerged land lying within said described territory. (Ch. 9023,
1, Sp. Acts 1921; ch. 9836, 1, Sp. Acts 1923; ch. 10845, 1, Sp.
Acts 1925.)

Sec. 6. Powers of city generally.
The City of Miami Beach shall have the power:
(a) To sue and be sued, to acquire by purchase, gift, devise, be-
quest, lease or other agreement, real and personal property for the
benefit of the city, its citizens and its winter and summer visitors,
and to foster, develop and enhance the tourist attractions of the city,
and to use the same for municipal revenue or for any of its purposes,
4








MIAMI BEACH CHARTER


including in such property realty for park, recreational and public
amusement purposes, such as golf courses, bathing beaches, athletic
fields, and other necessary sites and locations for baseball, football,
basketball, tennis, bowling on the green, shuffle board, checkers and
other outdoor sports, recreations and amusements; to improve and
develop such realty by constructing thereon parks, gardens, golf
courses, fair and carnival grounds and public concourses, and by
building thereon such club houses, exhibition halls, auditoriums,
theaters, show places, concession stands and other buildings which
may be deemed necessary, profitable or advantageous for the develop-
ment of public amusements and recreations, and the attraction
of the city for tourists; to maintain, conduct, operate, improve
and develop such recreational and tourist amusement features
of the city through employees or through concessionaries, and
to require or permit the charge of reasonable admissions and fees
for the amusement, recreation and privileges afforded by the city.
To sell, lease, operate any of its property or any portion thereof, real
or personal; to operate property acquired for revenue; to lease and
construct and maintain and operate telephone system or systems;
street or local railway, busses or bus lines for transportation of
freight or passengers for hire; works or plants for supplying the
inhabitants of said city with water, ice, gas, light, power or heat; to.
construct and maintain bridges, viaducts, subways or tunnels, a
city hall, city jail, garages, machine shops, fire stations, incinerators,
laboratories for tests and analyses, hospitals, market houses, docks,
wharves, warehouses, barges, tugs, seawalls, bulkheads, and/or
board or other walks, or plants, or groynes or jetties or other things
for the protection of any land or other property within its territorial
limits from the effects of wind or water, or for the recreation, wel-
fare or convenience of its inhabitants and that any or all of the
aforesaid may be constructed and operated upon property of said
city, or on which it has perpetual easement, or which is dedicated
to said city or the public.
(b) The right given in this Act on the part of the City of Miami
Beach, to sell that part of its real property now or hereafter held for
park purposes or as public parks, shall not accrue or be operative
on the part of said city except when and as said property has ceased
to be used by the public generally for such purposes; provided,
however, that the restriction contained in this section shall not be
interpreted as preventing the city from having all the powers given
and granted in section 6 (a) hereof other than restrict the ab-









6 MIAMI BEACH CHARTER 6

solute conveyance of park property while it is being used for park
purposes.
To pave, repave, curb, macadamize, remacadamize, open, widen,
and otherwise improve highways by whatever designation they are
known, and to close, discontinue and vacate any part thereof; to
construct and maintain sidewalks, sewers, drains, conduits, police
or fire alarm systems, whiteway or other lighting systems and to
regulate or restrict the use of all highways, parks or public grounds
and any of the works or plants or things hereinbefore mentioned by
its inhabitants or other persons and to prevent the obstruction of any
thereof; and for such purposes to classify persons using or vehicles
used on any public ground, highway or plant or other things herein-
before provided for, for his or their business or pleasure and to
regulate and/or provide the conditions under which any such class
may or may not use such public grounds, highway or plant or other
things, or to prohibit such use for business purposes; to install and
maintain signs or instrumentalities to be observed in the use of any
public highway, plant or ground and to provide regulations with
reference to the operation and speed and manner of movement of all
manner of vehicles or other thing moved over the same and provide
for the observance of such signs or instrumentalities both by
pedestrians and the operators of such vehicles and to regulate the
services to be rendered and rates to be charged by busses, jitneys,
cabs or any other vehicles carrying passengers or freight or other
things within said city or to points from without to points within
said city, or from points within to points without; and to regu-
late and limit the speed at which streetcars and motor or other
vehicles may be operated in any public place or highway and the
speed at which watercraft may be operated in the waters or any parts
thereof within said city and to provide whether and under what
conditions watercraft may be anchored or landed and to regulate the
minimum height at which aircraft may be flown and prohibit the
-operation over places where people are congregated or the landing
thereof near where people are collected.

(c) To contract debts, borrow money and make and issue evi-
,dences of indebtedness and in the purchase of property to issue
mortgages securing the payment of any unpaid balance of the pur-
chase price thereof, but no mortgage shall be made encumbering any
of its property for any other purpose; provided, however, that the
-contracting of debts, borrowing of money and issuance of bonds or









MIAMI BEACII CHARTER


other evidences of indebtedness shall not be construed to be creating
a mortgage upon its property.
(d) To exercise the right of eminent domain and by virtue there-
of to acquire title to or rights of way in property within the terri-
torial limits of said city for any of the foregoing purposes.
(e) To acquire title to submerged lands and riparian rights and
easements or rights of way with or without restrictions within said
city.
(f) To establish a harbor line in the Atlantic Ocean and to con-
trol and prohibit the use of submerged land east thereof except for
boating, fishing and bathing and to provide lifeguards for safety
purposes.
(g) To provide and enforce rates for and the manner and time
of payment of any commodity or thing supplied or sold by said city
by virtue of any of the foregoing powers and to limit the use of and
conditions under which any of such commodities or things may be
used by consumers.
(h) To erect and maintain such plants, barges or boats as may
be deemed necessary for the neutralizing, destroying or disposition
of sewage, garbage, refuse, trash or surplus water; or for the main-
tenance of any of its property; to purify its water supply; and to
prevent pollution, or threatened pollution, of its water supply or any
water in any bay, stream or ocean or underground within its terri-
torial limits.
(i) To require the placing of any or all, or parts of any or all
electric telephone or telegraph wires in conduits underground and
prescribe rules and regulations for the construction and use of such
conduits, and penalties for the failure to observe such regulations
and in case of failure of any person or company to observe the same
to construct such conduits and place such wires underground and
hold and enforce a lien against the property and franchises of such
person or company so failing to observe such regulations and to hold
possession and prevent the use of such wires until such lien shall
have been paid.
(j) To dredge or deepen the harbor or any waterway or any part
thereof within said city.
(k) Subject to the provisions of the Constitution of Florida and









MIAMI BEACH CHARTER


of this Enactment, both inclusive, to grant franchises for public
utilities.

(1) To collect and dispose of sewage, offal, refuse, trash, debris,
garbage or other things which may be deemed to be a nuisance or
detriment to public health, convenience or welfare; to define or abate
or compel the abatement and removal of and provide penalties for
the creation and maintenance of nuisances within said city or upon
property owned by it beyond its limits, at the expense of the person
causing the same or the owner or occupant of the premises where
the same may be; to eradicate mosquitoes or other pests; to require
all lands, lots, and other premises within said city to be .kept clean,
sanitary and free from weeds, trash or debris or to make them so
at the expense of the owner or occupants thereof, and to hold liens
against lands cleaned of weeds, trash or debris or other unsanitary
matter for the cost thereof, and to enforce the same as other liens
are enforced, to regulate or prevent the establishment or mainte-
nance of any offensive business or thing within said city which may
be detrimental to the health, convenience or welfare of the inhabit-
ants or part thereof of said city; to regulate or prohibit the keeping
of animals, poultry or other fowl, canines or felines within said city,
or the exercise of any dangerous or unwholesome business, trade,
or employment therein; to prohibit the creation of dust, smoke and
unnecessary noises therein and to regulate the location and manner
of keeping stables or any other place which creates an offensive odor
or noise and generally to define, prohibit, make unlawful, abate, sup-
press and provide penalties for the doing or maintenance of all things
detrimental to the health, comfort, safety, convenience or welfare of
a part or all the inhabitants within the said city and in addition there-
to to provide and adopt ordinances making any offense which is an
offense against the State of Florida an offense against said city, and
to provide a penalty upon the conviction thereof, and to exercise the
same powers with reference to search and seizure warrants as are
exercised by the State of Florida.

(m) To inspect, test, measure, and weigh any commodity or
article consumed or used within said city, regulate, license and in-
spect weights, meters, measures and scales and provide ordinances to
prohibit the maintenance or use of any thereof found to be used
contrary to such ordinances upon inspection.

(n) To extinguish and prevent fires and compel persons within









MIAMI BEACH CARTER


said city to assist the fire department or departments in case of need;
and to establish and regulate a fire department or departments.
(o) To prevent persons having no visible means of support,
paupers or persons who may be dangerous to the peace or safety of
the inhabitants of said city from coming or remaining therein.
(p) To provide for the preservation of the general health of the
inhabitants of said city, make regulations to secure the same, in-
spect all foods and foodstuffs, whether liquid or otherwise, and all
supplies of water or other drinks distributed or sold within said city;
to prevent the introduction and sale in said city of anything intended
for human consumption which is adulterated, impure or otherwise
dangerous to health, and to condemn, seize, and destroy or otherwise
dispose of such article or thing without liability to the owner thereof;
to prevent the introduction of contagious or infectious diseases, and
prevent and suppress diseases generally, to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals
or places of isolation provided by said city; to establish and main-
tain quarantine as to persons or places or as to the whole or any
part of said city and to regulate the observance of such quarantine;
to provide for the organization of a department, board or bureau of
health with authority to enforce the ordinances of said city pertain-
ing to the health and sanitation of said city and to keep records of
vital statistics and compel the report of all births, deaths and other
information incident thereto by physicians, undertakers, nurses, or
families where such births or deaths take place.
(q) To exercise full police powers and establish and maintain
a police department.
(r) To provide for the creation and maintenance of a benefit
fund for the members of the police, fire or any other department of
said city or their families and the administration thereof.
(s) To prohibit the sale, transportation or possession of intoxi-
cating liquors, wines and beers within the city and to enforce all of
the provisions of the laws of this state with reference thereto; to reg-
ulate or prohibit hawkers, peddlers and beggars upon any public
highway or place.
(t) To adopt ordinances establishing fire limits or zones and to
provide when and under what conditions structures for habitation,
commercial or other uses may be constructed and maintained within









MIAMI BEACH CHARTER


or without such zone or zones and the elevation, character and size
of materials or things which may be used in such structures and
provide for the construction of different classes in such manner as
to provide for the safety of persons in, on or about the same, the
ventilation thereof and for the admission of natural light therein, and
to provide conditions under which such structures may be removed,
repaired or added to; and to provide for the issuance of permits for
such structures before it is commenced and the conditions under
which such permits may be issued, the charge of fees therefore and
the inspection by said city of all such structures while under con-
struction and after completion, to provide for the condemnation,
demolition and removal of structures damaged by fire, storm or
otherwise as to become a menace to health or public safety or a fire
hazard, and to ordain such other things relating to the above subjects
as will promote or preserve the public health, welfare or safety.

(u) To require the owners of swamp or marshy lands or land
habitually overflowed to drain or fill in the same; to require all or
any owners of real estate abutting on the street where a sewer has
been laid to connect any building on such real estate with such sewer,
and to require owners of property to clear the same of and destroy
weeds, undergrowth, rubbish, debris, trash and unsightly and un-
sanitary matters, and if any of said requirements are not complied
with within ten days after service of notice of such requirement on
such owner or within ten days after the publication of notice of such
requirement by describing the property as to which such require-
ment is made, then said city may proceed to satisfy such require-
ment so made upon the adoption of a resolution setting forth such
notice and its intention to satisfy such requirement, and the cost
thereof when ascertained may by a resolution be made a lien against
the property as to which such requirement is made of the same ex-
tent and character as the lien hereinafter provided for assessments
for improvements, and the said lien shall be forthwith due and fore-
closable; but in any of such cases the city may satisfy such require-
ments without making the cost thereof a lien against such property,
at its option; and for the purposes of this paragraph any building
which shall have been so damaged by fire, storm or otherwise as to
become a menace to the health, public safety or a fire hazard shall
be considered and construed to be trash, debris or unsightly and
unsanitary matter.
(v) To impose a license tax upon occupations, professions or









MIAMI BEACH CHARTER


businesses and collect the same and provide a penalty for the con-
duct of any occupation, profession or business so taxed without the
payment of such tax; and may assess real and personal property
and levy taxes thereupon for the raising of revenue sufficient to
administer the affairs of said city, to pay its obligations and interest,
and in so doing the general law of the State of Florida upon the
subject of taxation as it now or hereafter exists shall apply to and
govern the assessment, levy and collection of taxes; the sale of prop-
erty for nonpayment of taxes and in all other respects, except that
the city council shall act for said city in all cases when the board
of county commissioners would act under said general law of the
State of Florida; provided, however, that the time for the comple-
tion of the tax roll, the ascertainment and determination of the
amount necessary to be raised by taxation, the time of equalization
and ministerial duties to be done by the tax collector and tax asses-
sor may be prescribed by ordinance and the city shall have power to
provide rules and regulations as to the manner of assessment and
collection of taxes and to provide penalties for their nonobservance,
provide discounts not exceeding six per cent for payment of taxes
within prescribed periods, and provide for the advertisement of sale
of property for unpaid taxes in a newspaper of general circulation
in said city if such newspaper is published in Dade County, Florida.
(w) To adopt such ordinances as may be deemed necessary to
enjoy the powers hereinbefore granted and to enforce the observ-
ance of such ordinances and to provide penalties for the violation of
such ordinances by a fine not exceeding $500.00 or by imprisonment
in the city or county jail, or at hard labor on the streets or other
work of said city, and imprisonment in jail shall include such work,
for a term not exceeding ninety days, or by both such fines and im-
prisonment, or to provide one penalty for the violation of all of
its ordinances, or any of them, or such of them as do not contain
provisions for penalties for its violation.2
(x) To adopt all ordinances or do all things deemed necessary
or expedient for promoting or maintaining the general welfare,
comfort, education, morals, peace, health, and convenience of said
city, or its inhabitants and to exercise all of the powers and privi-
leges conferred upon cities or towns by the general law of Florida,
when not inconsistent herewith. (Ch. 9836, 2, Sp. Acts 1923; ch.

2. In this connection, see 1 of Related Laws.









6J MIAMI BEACH CHARTER 8

10845, 2, Sp. Acts 1925; ch. 13101, 1, Sp. Acts 1927; ch. 16562,
1, Sp. Acts 1933; ch. 17608, 1, Sp. Acts 1935.)

Sec. 61/. Limitation upon annexation and consolidation
with other municipalities.
The City of Miami Beach, Florida, shall not be annexed to, nor
consolidated with, any other incorporated city or town, nor shall
the territorial limits of any city or town be extended so as to em-
brace or include all or any part of the municipality of Miami Beach,
Florida, regardless of whether the population of any such city or
town desiring any such annexation or the extension of its territorial
limits be more or less than ten thousand, without the consent of a
two-thirds majority of the registered voters of said City of Miami
Beach, actually voting at an election held in said City of Miami
Beach in the form and manner provided by Section 1919 of the Re-
vised General Statutes of Florida. (Ch. 9025, 1, Sp. Acts 1921.)

Sec. 7. Authority to drain, etc., swamps, etc.
The City of Miami Beach, shall furthermore have full power and
lawful authority to drain, fill in, reclaim swamps, marshes and over-
flowed lands for the purpose of protecting the health of its inhabit-
ants, and of ridding the City of Miami Beach insofar as practi-
cable of mosquitoes and other insects that breed in low marshy
places; and said city shall furthermore have full power and lawful
authority to charge up the cost of such drainage, filling or reclama-
tion against the lands so drained, filled or reclaimed, and shall have
and hold a lien against said land until the cost of such filling, drain-
ing or reclamation shall have been fully paid by the owner of said
property so drained, filled or reclaimed, as aforesaid.

Sec. 8. Designation of city officers; qualifications of
officers; government vested in certain officers;
election and terms of office of council; organiza-
tion of council; powers and duties of mayor;
council restricted to other offices.
All persons, except members of the police and fire departments,
who hold office in the city government by virtue of an election by the
people or who are appointed to any city office, whether herein desig-
nated or prescribed by ordinance pursuant to the provisions there-
of, shall be held and deemed to be city officers of the City of Miami









MIAMI BEACH CHARTER


Beach, and no one shall be elected or appointed to any city office
save and except the city manager, assistant city manager, city
attorney, city engineer, city auditor, chief of police, chief of
the division of public health, and/or his assistants, who is not
a legally qualified voter of the city; that the government of said
city shall be vested in a mayor, a city council, a city manager, a
municipal judge, a chief of police, a city clerk, a city collector, a
city assessor, a city auditor and a city attorney, and such other offi-
cers as may be appointed or elected in pursuance of law, and said
city council shall consist of seven (7) members, and the seven mem-
bers who shall hold office prior to the election to be held in June,
1949, shall hold office until the expiration of the terms for which
they were elected, and in the general election to be held in said city
in June, 1949, there shall be but five members of said city council
elected, the three of whom receiving the highest number of votes at
said election shall hold office for the term of four years and the re-
mainder of said city council so elected at said city election shall
hold office for a period of two years; and at every general election
held in said city thereafter there shall be but four members of said
city council elected, the three of whom receiving the highest num-
ber of votes at such election shall hold office for the term of four
years and the remaining councilman so elected at such election
shall hold office for the term of two years; and the members of
the city council shall be elected from the city at large. Said city
council shall, at its first meeting after each general election, which
shall be within three days after the general election, elect from its
membership, a chairman who shall hold office at the pleasure of
the council and who shall be the presiding officer at the meetings
of the council and shall bear the title of mayor and shall have a
voice and a vote in the proceedings of the city council but no veto
power, and he may use the title of mayor in any case in which the
execution of legal instruments of writing, or other necessity arising
from the general laws of the state so requires; he shall sign all deeds,
contracts, bonds or other instruments of writing to which the city is
a party, when authorized so to do by ordinance or resolution of
the city council; but he shall not have the administrative or judi-
cial functions and powers 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 governor
in the exercise of military law and for all ceremonial purposes and
he shall, in addition thereto, perform such other duties as may be by









MIAMI BEACH CHARTER


ordinance prescribed by the city council. In the event of the ab-
sence or the inability or the resignation of the mayor, the other
members of the city council shall select one of their number to
perform his duties. No member of the city council shall, during the
time for which he was elected, be appointed or elected to any city
office that has been created, or the emoluments whereof shall have
been increased during such time. (Ch. 9836, 3, Sp. Acts 1923;
ch. 17595, 1, Sp. Acts 1935; ch. 17602, 1, Sp. Acts 1935; ch.
17605, 1, Sp. Acts 1935; ch. 18692, 1, Sp. Acts 1937; ch.
24712, 1, Sp. Acts 1947; ch. 26025, 1, Sp. Acts 1949.)

Sec. 9. Procedure for passing ordinances generally.

All ordinances becoming a law shall be presented at a regular
meeting and read in full. They shall be read a second time, either
at the meeting at which the ordinance is given its first reading or at
some subsequent meeting, and, by the unanimous consent of the
city council present a second reading may be by title only. The
ordinance proposed to be adopted shall lie over from the meeting
at which it is given its first reading until the next regular meeting
of the council, or some subsequent regular meeting, and then be
placed upon its third reading and final passage, at which time it
shall be read in full. If a majority present vote in favor of the
ordinance it shall be adopted, the votes so taken to be upon call of
the roll; provided, however, that the city council may, when the
health or welfare of the city or any part thereof is in peril, pass
any ordinance not in conflict with the provisions of this City Charter,
for the protection of the citizens, at any meeting of the city council,
in which event the three readings hereinbefore provided for may
be had in one session.

Sec. 10. Voting precincts or districts.

The city council shall have full power and lawful authority to
subdivide the said City of Miami Beach into any number of vot-
ing precincts, or districts it may deem proper. (Ch. 17600, 1,
Sp. Acts 1935; ch. 17604, 1, Sp. Acts 1935.)


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MIAMI BEACII CHARTER


Sec. 11. Enumeration of city officers; combination of
offices; additional officers and employees; com-
pensation of council.
The government of said city shall be carried on by the following
officers, to-wit: a mayor, a city council, a city manager, a municipal
judge, a city marshal or chief of police, a city clerk, a city collector,
a city tax assessor, a city auditor and a city attorney, and the city
council shall have full power and lawful authority to combine into
one office the office of city clerk and assessor, or city clerk and col-
lector, or city clerk, assessor and collector; they shall also have full
power and lawful authority to combine into one office, if they see
proper, the offices of city marshal or chief of police and collector, or
the offices of city marshal or chief of police and assessor, and when
so combined the person elected or appointed to such office shall dis-
charge all the duties prescribed by the terms and conditions of this
Charter or by city ordinances for each of the said offices so combined.
The city council shall also have full power and lawful authority to
create by ordinance, not inconsistent with this Charter, such other of-
fices and officers as they may deem proper for the welfare of the city
and each of the officers above designated and such additional offi-
cers as may be created by the city council, shall perform such
duties and receive such compensation as may be prescribed by
the ordinances of the City of Miami Beach, not inconsistent with
this Charter, and the city council is hereby given specific power and
authority to fix and increase the compensation of its own members,
notwithstanding that such increase may affect councilmen then in
office who may have voted for such increase; provided, however,
that said city councilmen shall not in any event receive a salary of
more than $3,000.00 per year each; and provided that only the
members of the city council shall be elected by the duly qualified
voters of the city at elections called and held pursuant to the
provisions hereof and of the city ordinances, and that all other
officers of said city shall be elected or appointed as herein provided.
Provided, further, the increase of the salary of city councilmen
shall not prevent any city councilman, in office at the time of such
increase, being a candidate for, and being elected to, the city
council at ensuing elections; notwithstanding the provisions of sec-
tion 8 of the Charter of the City of Miami Beach being section 8 of
Chapter 7672 of the Laws of the State of Florida of 1917, as
amended. (Ch. 9836, 4, Sp. Acts 1923; ch. 17602, 2, Sp. Acts
1935; ch. 17605, 2, Sp. Acts 1935; ch. 23411, 1, Sp. Acts
1945.)


11


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MIAMI BEACH CHARTER


Sec. 12. Interest by city officers in city contracts, purchase
of city supplies, etc., prohibited; penalty; ex-
ceptions where city officers are also bank
officials.
No officer of the City of Miami Beach and no member of the
city council shall be directly or indirectly interested in any con-
tract with said city, or discount or speculate in city warrants, or
bid for or enter into or be in any way interested in a contract for
any public work of said city. No municipal officer or member of
the city council shall purchase supplies or materials for public use
from himself or from any firm or corporation in which he is in-
terested, nor in any manner share in the proceeds of such pur-
chase, except in cases of emergency, nor shall the city council pay
for such supplies, goods or materials so purchased. All persons
violating the provisions of this section may be removed from office
and all such contracts, except in cases of emergency, are hereby
declared illegal and void; provided, that no bank or trust company,
located or to be hereafter located in the City of Miami Beach shall
be precluded from purchasing any city warrants or script or from
purchasing emergency bonds, or certificates of indebtedness, or
bonds issued against such certificates, or from bidding for and
purchasing any issue of city bonds or city obligations of any kind or
character, by reason of any officer, director or stockholder of such
bank or trust company being an officer of the city or a member of
the city council; and provided further, that all banks or trust com-
panies of said city, may purchase or receive on deposit, any city
warrant, bond or other evidences of indebtedness of the said city,
or may be named by ordinance as a depository of city funds and
all such contracts or obligations shall be valid and binding, not-
withstanding the fact that an officer of said bank or trust company,
or a stockholder or director thereof, may be at the time an officer of
said city or member of the city council.

Sec. 13. Powers and duties of city manager generally.
The duties of the city manager shall be to see that the ordi-
nances of the said city are faithfully executed, and he is authorized
by and with the consent of the city council to appoint such police
force as shall be necessary to insure peace and good order of the
city, and the observance of law within the city limits. He shall have
power to appoint by and with the consent of the city council, all
the officers of the city and police and firemen who are not made


12


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MIAMI BEACH CHARTER


elective by this Charter, except the city manager, city attorney and
city engineer, who shall be elected by the city council; provided,
that at any regular meeting within fifteen days following any gen-
eral election and at any regular meeting within fifteen days after
any office, except that of a member of the city council, becomes
vacant the city manager shall certify his appointment to the city
council for the various officers and the city council shall, upon such
appointment, take the same under consideration not later than their
first meeting after such appointment is certified to them at a regu-
lar meeting. If the appointees or appointee of the city manager
are confirmed by the city council, he or they shall qualify as such
officer or officers and enter upon the discharge of his or their duties.
In the event that such appointment or appointments are rejected by
the city council, the city manager shall be notified of such rejections
by the city clerk within forty-eight hours and thereafter the city
manager shall be authorized and empowered to certify other ap-
pointments to the city council at the next regular meeting thereof
for the office or offices left vacant by reason of the action of the
city council in rejecting the first nomination of the city manager;
and in the event that the city council shall fail or refuse to con-
firm such appointment, or in the event that the city manager shall
fail or refuse to certify to the council such appointment or appoint-
ments as aforesaid, then the city council shall proceed to elect such
officer or officers by a majority vote of the members present.
The city manager shall have the power to bid in all property
for the city at any and all judicial sales under process of law,
where the city is a party; he may take command of the police and
govern the city by proclamation during times of grave public
danger or emergency, and the city council shall be the judge of
what constitutes such danger or emergency; he may from time to
time make recommendations to the city council for the enactment
of such laws or the adoption of such rules and regulations for the
government of the various city departments as will in his judgment
best promote the interests of the city; and shall do and perform
all duties imposed upon him by ordinances of the city and by this
Charter. (Ch. 9836, 5, Sp. Acts 1923; ch. 10845, 3, Sp. Acts
1925; ch. 17597, 1, Sp. Acts 1935.)

Sec. 14. Powers and duties of municipal judge; associate
judge; clerk of court.
It shall be the duty of the municipal judge to hold daily terms
MB-2 17


14


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MIAMI BEACH CHARTER


of court in the city courtroom or such place as may be designated
by the city council for the trial of all persons charged with viola-
tion of any of the ordinances of the city, which trial shall be with-
out jury, and upon conviction of such person or persons, to impose
upon him or them, such penalty as may be provided by such
ordinances; and a sworn or verified complaint shall not be nec-
essary to give the municipal court jurisdiction of offenses triable
in that court but the accused may be tried of the offense as dock-
eted, provided such docket entry is sufficient to put the accused upon
notice of the offense of which he is charged. He shall have the
power to summons witnesses, issue warrants for arrest upon af-
fidavit duly filed, to administer oaths and do all other acts nec-
essary for the performance of his duties. He shall have also power
to punish for contempt of court by a fine not exceeding $50.00
or imprisonment not exceeding thirty (30) days, or both. The
costs of prosecution in said court shall be the same as are allowed
by law in criminal courts of record being taxed against persons
convicted, and collected by the city clerk, to be paid over by him
to the city depository and placed to the credit of the police fund.
The city manager shall have the power to appoint by and with
the consent of the city council, an associate municipal judge, who
shall have all the powers and perform all the duties of the municipal
judge in case of sickness, absence or disqualification of the municipal
judge. The city clerk or duly authorized deputy shall act as clerk
of the municipal court. (Ch. 16566, 1, Sp. Acts 1933.)

Sec. 14(a). Search warrants.
The municipal judges shall have power to issue search warrants
upon either of the following grounds:
1. When the property shall have been stolen or embezzled in
violation of law.
2. When any property shall have been used:
(a) as a means to commit any misdemeanor, or
(b) in connection with gambling, gambling implements and
appliances, or
3. When any property is being held or possessed:
(a) in violation of any of the laws prohibiting the manufacture,
sale and transportation of intoxicating liquors;


14(a)


14(a)









MIAMI BEACH CHARTER


(b) in violation of any of the laws or ordinances of the City
of Miami Beach.
4. A search warrant cannot be issued except upon probable cause
supported by affidavit or affidavits, naming or describing the per-
son, place or thing to be searched and particularly describing the
property or thing to be seized; no such warrant shall be issued in
blank and any such warrant shall be returned within ten days
after issuance thereof.
5. The municipal judges, before issuing the warrants, must have
the application of some person for said warrant duly sworn to and
subscribed, and may receive further testimony from witnesses or
supporting affidavits, or depositions in writing, to support the ap-
plication. The affidavit and further proof, if same be had or re-
quired, must set forth the facts tending to establish the grounds
of the application or probable cause for believing that they exist.
6. The municipal judges, upon examination of the application and
proofs submitted, if satisfied that probable cause exists for the is-
suing of the search warrant, shall thereupon issue a search warrant
signed by him with his name and office, to any sheriff and his depu-
ties or police officer or other person authorized by law to execute
process, commanding the officer or person forthwith to search the
property described in the warrant or the person named, for the
property specified, and to bring the same before him.
7. The search warrant shall, in all cases, be served by any of the
officers mentioned in its direction, but by no other person except in
aid of the officer requiring it, said officer being present and acting in
its execution.
8. The officer may break open any outer door, inner door or
window of a house, or any part of a house or anything therein, to
execute the warrant, if after due notice of his authority and pur-
pose, he is refused admittance to said house or access to anything
therein.
9. A search warrant issued under the provisions of this section
may, if expressly authorized in such warrant by the judge issuing
the same, be executed by being served either in the daytime or in
the nighttime, as the exigencies of the occasion may demand or re-
quire.

10. All search warrants shall be issued in duplicate. The dupli-


14(a)


14(a)









MIAMI BEACH CHARTER


cate shall be delivered to the officer with the original warrant, and
when the officer serves the warrant, he shall deliver a copy to the
person named in the warrant, or in his absence to some person in
charge of, or living on the premises.
When property is taken under the warrant the officer shall deliver
to such person a written inventory of the property taken and receipt
for same, specifying the same in detail, and if no person is found
in possession of the premises where such property is found, shall
leave the said receipt on the premises.
11. Upon the return of the warrant the officer shall attach thereto
or thereon a true inventory of the property taken under the war-
rant, and at the foot of the inventory shall verify the same by affida-
vit taken before some officer authorized to administer oaths, or be-
fore the issuing officer, said verification to be to the following effect:
I, ............. the officer by whom the warrant was executed
do swear that the above inventory contains a true and detailed ac-
count of all the property taken by me on said warrant.
12. The judge to whom the warrant is returned, upon the re-
quest of any claimant or any person from whom said property is
taken, or the officer who executed the search warrant, shall deliver
to said applicant a true copy of the inventory of the property men-
tioned in the return on said warrant.
13. If it appears to the judge before whom the warrant is re-
turned that the property or papers taken are not the same as de-
scribed in the warrant, or that there is no probable cause for be-
lieving the existence of the grounds upon which the warrant was
issued, the judge may order a return of the property taken.
14. Whoever shall knowingly and wilfully obstruct, resist or
oppose any officer or person aiding such officer, in serving or at-
tempting to serve or execute any search warrant, or shall assault,
beat or wound any person or officer, or his deputies or assistants,
knowing him to be such an officer or person so authorized, shall
be fined not more than five hundred dollars, or imprisoned for not
more than sixty (60) days.
15. Any person who maliciously and without probable cause
procures a search warrant to be issued and executed shall be fined
not more than five hundred dollars or imprisoned for not more than
sixty (60) days. (Ch. 26030, 1, Sp. Acts 1949.)


14(a)


14(a)









MIAMI BEACH CHARTER


Sec. 15. Appointment of city assessor; duties.
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, 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. (Ch. 9836, 6, Sp. Acts 1923; ch. 22403, 1, Sp. Acts
1943.)

Sec. 16. Appointment of city clerk; powers and duties gen-
erally; deputies.
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 affi-
davit 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. (Ch. 9836, 7, Sp.
Acts 1923; ch. 16563, 1, Sp. Acts 1933; ch. 22403, 2, Sp.
Acts 1943.)

Sec. 17. Appointment of tax collector; duties generally;
deputy collectors.
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 to appoint a deputy, or dep-
uties, for whose acts he shall be liable, and the said deputy, or
deputies, shall have and exercise the same powers as the tax col-
lector himself. (Ch. 9836, 8, Sp. Acts 1923; ch. 16563, 2, Sp.
Acts 1933; ch. 22403, 3, Sp. Acts 1943.)


17


15









MIAMI BEACH CHARTER


Sec. 18. Appointment of city marshal or chief of police;
duties generally.
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 marshal or chief of police, whose duties shall be such as are
fixed by ordinance and by this Charter. (Ch. 9836, 9, Sp. Acts
1923; ch. 22403, 4, Sp. Acts 1943.)

Sec. 19. Appointment of officers where offices combined.
In the event of the offices of city clerk, or city marshal being
combined with any other office, the appointment for these offices
shall be as are now or may hereinafter be prescribed by ordinance
and by the terms of this Charter. (Ch. 9836, 92, Sp. Acts
1923.)

Sec. 20. Appointment of city auditor; duties generally.
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 preceding month, together with the amount allowed to each
department when the annual budget was made. The office of city
auditor may be combined with that of city clerk, city assessor or
city collector. (Ch. 22403, 5, Sp. Acts 1943.)

Sec. 21. Election of city attorney; duties generally.
There shall be elected by the city council of the City of Miami
Beach, a city attorney, who shall perform all the duties imposed
upon him by the provisions of this Act and which are now pre-
scribed or which may be hereafter prescribed by the city ordinances.

Sec. 22. Fire department and fire prevention generally.
The city council shall have full power and lawful authority to


18


22








MIAMI BEACH CHARTER


provide for a fire department, and shall also have full power and
lawful authority to establish an office to be known as the chief of
the fire department. In the case such office shall be created, the
duties, powers and compensation of such chief of the fire depart-
ment shall be fixed by the city council, and the city council shall have
full power and lawful authority to employ such additional members
of the fire department as they may deem advisable, and to take
such other steps as may be necessary for the purpose of protecting
the property within the corporate limits from destruction by fire.

Sec. 23. Oath and bond of officers; terms of office; com-
pensation.
All officers of said city shall, before entering upon the discharge
of their duties, take and subscribe an oath before some person au-
thorized 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.
(Ch. 22403, 6, Sp. Acts 1943.)

Sec. 24. Suspension and removal of officers, etc.
The mayor, and after the office of mayor, as it now exists, shall
be abolished, the city manager, of said city, shall have the right to
suspend any officer, policeman or fireman of said city, except mem-
bers of the city council; provided, that at the next meeting of the
city council after such suspension there shall be submitted to the
city council, in writing, the cause of such suspension, whereupon
the said city council may inquire into the cause of such suspension;
if a majority of the city council shall sustain the charges preferred,
the officer, policeman or fireman shall be dismissed, otherwise he
shall be reinstated. The mayor, and after the office of mayor, as it
now exists, shall be abolished, the city manager shall have the right
to appoint some person to perform the duties of said suspended
23


24


23








MIAMI BEACH CHARTER


officer, policeman or fireman, until the city council shall have passed
upon such suspension. If such suspension is sustained by the city
council a successor shall be appointed and confirmed or elected as
herein provided.
The city council shall also have the right by resolution adopted
by the favorable vote of at least five members, and without action
on the part of the mayor or city manager, to summarily remove from
office any city officer, policeman, fireman or employee, except the
mayor or members of the city council. (Ch. 9836, 10, Sp. Acts
1923; ch. 17602, 3, Sp. Acts 1935; ch. 17605, 3, Sp. Acts
1935.)

Sec. 25. Arrests for violations of ordinances.
The city marshal or any policeman of the City of Miami Beach
may arrest without warrant, any person violating any of the ordi-
nances of the city committed in the presence of such officer, and
when knowledge of the violation of any ordinance of said city shall
come to the said city marshal or policeman, not committed in his
presence, he shall make affidavit before the judge or clerk of munic-
ipal court against the person charged with such violation, where-
upon said judge or clerk shall issue a warrant for the arrest of such
person.

Sec. 26. Limitation upon granting franchises; effective
date of ordinances; codification of ordinances;
passage of ordinances by petition of electorate;
recall of councilmen.
No ordinance giving or granting any franchise or right to the
use of any street or public way for the purpose of operating along,
across, over or under the surface of same, any street railroad, water-
works, telephone, gas, or electric business, or other business re-
quiring the use of mains, pipes, wires, or conduits, in, on, over, or
under any street or other public way, shall become a law until the
same has been approved by a majority of the qualified voters of
the City of Miami Beach voting thereon at a general election or at
a special election held for such purpose; provided, however, that
ordinances providing for revocable permits, for periods of not
over one year, to operate taxicabs, busses, and similar means of
transportation over the surface of the streets, may become laws
without such approval.
All ordinances of the City of Miami Beach, after having been


25


26








MIAMI BEACH CHARTER


passed by the city council, shall before becoming a law, be posted
in three conspicuous places in the City of Miami Beach, one of
which shall be at the City Hall or at the door of the building used for
City Hall purposes, for a period of thirty (30) days; provided,
however, that nothing herein contained shall prevent the city council
at any time from appointing some person or persons and authorizing
him or them to arrange, codify, add to and supplement the ordi-
nances of the City of Miami Beach, and publishing such ordinances
in an appropriate volume or volumes, which said ordinances when
so published under the direction of the city council, as aforesaid,
shall become the laws of the City of Miami Beach upon its or their
adoption by ordinance, which said ordinance so passed, publishing
and adopting said city code, shall be posted as hereinbefore pro-
vided, and in such event it shall not be necessary to post said code,
codification, volume or volumes, but the posting of the ordinance
adopting the same shall be sufficient to make the ordinance con-
tained in said code binding as the law of said city. In the event,
however, of the publication of said code, as aforesaid, a sufficient
number of copies shall be published to furnish the municipal judge,
the city attorney, and each member of the city council with a copy
thereof, and so many additional copies as the city council may deem
proper.
Provided, that upon the presentation to the city council of a
petition or petitions signed by the qualified electors therein, in
number equal to ten (10) per cent of the registration asking for a
submission to the electors of a measure fully set forth in said
petition or petitions, being a measure that said body might itself
adopt, it must either adopt such measure without alteration or sub-
mit the same to its electorate at the next succeeding city election
occurring subsequent to sixty days after the filing of said petition or
petitions. But, if said petition or petitions are signed by qualified
electors in number equal to fifteen per cent (15%) of said regis-
tration, then such measure, if not so adopted by the said city
council, must be submitted to such electorate at a special election
to be called within sixty days from the filing of such petition or
petitions. If such proposed measure is a measure that the city
council might adopt except for the fact that it involves the repeal
or the amendment of a measure adopted by the electorate as herein
provided, and if in such case said petition or petitions are signed
by qualified electors in number equal to twenty-five (25) per cent
of said registration, then such proposed measure must be submitted
to the electors of said city at the next succeeding city election occur-


26


26









MIAMI BEACH CHARTER


ring subsequent to sixty days after the filing of said petition or
petitions.
Any measure that the said city council or the electorate of the
city has authority to adopt, as herein provided, said city council
may submit to a vote of its constituent electors at a general or
special election. Except as herein provided, no penal ordinance
or measure and no ordinance or measure granting, making or au-
thorizing any contract (except contracts for improvements, the
expenses whereof are defrayed by special local assessments and
contracts where the subject matter involved is less than one thou-
sand ($1,000.00) dollars, passed by the said city council), shall go
into effect in less than forty (40) days after its final passage, but
ordinances and contracts declared by the city council to be necessary
for the immediate preservation of the public peace, health or safety,
passed by a majority vote of the said council, and not obligating
the city for a longer period of time than one year, may go into effect
at the will of the city council adopting the same.
If within said forty days a petition or petitions signed by quali-
fied electors of the city in number equal to ten (10) per cent of said
registration is filed with the city clerk asking that any penal ordi-
nance or measure granting any franchise or privilege, or making or
authorizing any contract (except contracts for improvements, the
expenses whereof are defrayed by special local assessment and
contracts where the subject matter involved does not exceed one
thousand ($1,000.00) dollars, adopted by the city council) be sub-
mitted to said electorate, then such ordinance or measure must
either be repealed or submitted to the electors for approval or rejec-
tion at the next succeeding city election occurring subsequent to
sixty (60) days after the filing of said petition or petitions, or at
a special election called prior to such general election, and if such
ordinance or measure has not gone into effect before the filing of
such petition or petitions and such petition or petitions are signed
by qualified electors of the city in number equal to fifteen (15) per
cent of said registration, then said ordinance or measure shall not
go into effect until and unless adopted at such election, and no ordi-
nance or measure once so submitted shall be again so submitted
except by a vote of the city council or on a petition signed by
twenty-five (25) per cent of the said registration.
If the majority of votes cast on an ordinance or measure, referred,
as herein provided, to the electors of the city shall be in favor
thereof, it shall, if not already in effect, go into effect ten days after
the official count shall be determined, otherwise such ordinance or
26


26


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MAIAMI BEACH CHARTER


measure shall be repealed or rejected. Such repeal shall take effect
ten days after the official count shall be determined.
No ordinance or measure approved by an electorate under the
provisions of this section shall be subject to veto or to be amended
or repealed except by a vote of the same electorate or by legislative
authority. If the provisions of two or more measures approved and
adopted at the same election conflict, then the measure receiving the
highest affirmative vote shall control.
Any member of the council may be recalled and removed there-
from by the electors of the city as herein provided.
Any twenty-five qualified electors of the city may make and file
with the city clerk an affidavit containing the name or names of the
councilman or councilmen whose removal is sought and a statement
of the grounds for removal. The clerk shall thereupon prepare peti-
tion blanks for such removal on printed forms which he shall keep
on hand. The petition must be signed before the city clerk or his
deputy, at the City Hall, and not elsewhere, by registered voters of
the city to the number of at least ten per cent (10%) of the number
of electors who cast their votes at the last preceding general city
election, and to every such signature shall be added the place of
residence of the signer, giving the street number or other descrip-
tion sufficient to identify the place.
The recall petition, to be effective, must be completed within
thirty (30) days after the filing of the affidavit. No person shall
be eligible to sign more than one recall affidavit during any period
of twelve months.
After the clerk is satisfied that the required number of registered
voters have signed the petition, in accordance with the foregoing
provisions, and after he shall have been notified that those originally
filing the affidavit consider the petition sufficient and are ready to
have it submitted to the city council, said notification being in
writing and signed by at least ten of the original twenty-five quali-
fied electors who filed the affidavit, the clerk shall submit the peti-
tion to the city council at its next regular meeting, together with
his certificate showing that the petition has been signed by the req-
uisite number of registered voters.
The council shall thereupon, within ten (10) days of the receipt
of the clerk's certificate, order an election to be held not less than
thirty (30) days nor more than forty-five (45) days thereafter.
Provided, that if any other municipal election is to occur within
sixty (60) days after the receipt of said certificate, the council may


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in its discretion provide for the holding of the removal election on
the date of such other municipal election.
Unless the councilman or councilmen whose removal is sought
shall have resigned within ten (10) days after the receipt by the
council of the clerk's certificate, the form of ballot at such election
shall be as nearly as may be: "Shall A be recalled?" "Shall B be
recalled?", etc., the name of the councilman or councilmen whose
recall is sought being inserted in place of A, B, etc., and the ballot
shall also contain the names of the candidates to be elected in place
of the councilman or councilmen recalled, as follows: "Candidates
for the place of A, if recalled; candidates for the place of B, if re-
called", etc., but the councilman or councilmen whose recall is sought
shall not themselves be candidates upon such ballot. The name of
any elector of the city shall be printed as a CANDIDATE FOR
COUNCILMAN at such recall election for the place of the council-
man to be recalled when a petition in substantially the form provided
in Section 312, Compiled General Laws of Florida, 1927, shall be
filed in his behalf with the city clerk, and such petition shall have been
signed by at least twenty-five registered voters in the municipality
and filed with the city clerk not less than twenty (20) days before
such recall election.
In case a majority of those voting for and against the recall of any
councilman shall vote in favor of recalling such official he shall be
thereby removed, and in that event the candidate who receives the
highest number of votes for his place shall be elected thereto for the
balance of the unexpired term.
If the councilman or councilmen sought to be removed shall have
resigned within ten (10) days after the receipt by the council of the
clerk's certificate referred to in this section above, the form of
ballot at the election shall be the same, as nearly as may be, as the
form in use at a regular municipal election.
Should the council fail or refuse to order an election as herein pro-
vided within the time required, such election may be ordered by any
state court of general jurisdiction. (Ch. 10845, 4, Sp. Acts
1925; ch. 18697, 1, Sp. Acts 1937; ch. 22400, 1, Sp. Acts
1943.)

Sec. 27. (Repealed 1943.) 3

3. This section was repealed by Chapter 22403, 7, Special Acts 1943.


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MIAMI BEACH CHARTER


Sec. 28. Powers of council generally.
(I) (a) The city council shall have the power to make, establish
and ordain for the government of said city and the officers of said
city, such ordinances in writing and such bylaws and rules of order
not inconsistent with this Charter, the Constitution and laws of
the United States, as they may deem necessary; provided, a mo-
jority of the city council shall assent thereto. They shall have the
power to pass all such ordinances, and prescribe penalties for the
violation thereof, as may be necessary to define, prevent or abate
nuisances; to restrain and punish gambling or other disorderly con-
duct; to prevent the running at large of cattle, horses, dogs, hogs,
sheep, goats and fowls or other domestic birds, in the streets of
the city or in the city limits, and to impound same; to prohibit the
erection of buildings, docks, and other structures, except bridges,
upon the submerged lands within the limits of the city, unless such
submerged lands shall have first been filled in and a permit shall
have been granted by the city to make such fill; to provide for the
establishment of waterworks, electric and other lighting and heating
plants, and all other plants necessary for the city, and may make
contracts relating to the same, and whenever the same are so
established, may provide for the operation and maintenance of
same; to grant municipal franchises to erect railways, telegraph and
telephone companies; to regulate the speed at which horses and
bicycles may be ridden; to regulate the speed at which horses and
vehicles of all kinds, automobiles and motorcycles may be driven
through the streets, or public highways; to regulate the speed at
which streets or other railways shall be run in the city limits; to
regulate air traffic over any portion of the city; to license privileges,
business, occupations and professions carried on and engaged in
within the city limits, and the amounts of such licenses and the
amount of such license taxes shall be fixed by city ordinance, which
amounts of said taxes shall not be dependent upon a general state
revenue law.
Editor's note.-The Roman numeral and the letter enclosed in paren-
thesis were not a part of the original act as amended. They were in-
serted here for the purpose of clarification.
(b) The city council shall have power to prohibit by ordinance
the traffic in or sale of intoxicating liquors, wines and beers within
the city, and to enforce such ordinances by fines and imprisonment,
or by both fine and imprisonment.
(c) The city council shall have the power to pass all such ordi-


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MIAMI BEACH CHARTER


nances as may be necessary to establish quarantine and health
regulations for the City of Miami Beach, not inconsistent with the
rules and regulations of the state board of health, and enforce same
by penalties. To arrange for, provide and establish a city board of
health. The city board of health shall have the general supervision of
the public health of the City of Miami Beach, and shall have the
power to make, promulgate and enforce such rules and regulations
as may be necessary for the preservation of the same, not inconsist-
ent with this Charter or in violation of any of the ordinances of the
city.
(d) To arrange for and provide for a fire department and to
regulate the same so as to protect the city from fire; to organize a
city police department, to number drays and fix the rate of drayage;
to provide for the inspection of gas, electric light and water meters;
to pass and enforce ordinances; to compel the engineers of station-
ary and portable steam and gas engines to pass an examination for
licenses and to take out licenses and provide penalties for failure
so to do; to compel the inspection of steam boilers except locomo-
tives and marine boilers and to compel employers to employ only
licensed engineers and affix a penalty for a failure to do so; to com-
pel employers, their managers or servants to allow inspection of
boilers and of affixing a penalty for refusing to do so; to establish
hospitals, and with or without the conjunction of the board of county
commissioners, to establish rules and regulations respecting the
poor, indigent, infirm and insane; to provide for the support and fix
the conditions upon which such persons coming into said city shall
be allowed to remain; to provide for the punishment of persons who
may at any time disturb the peace of the city, or violate any of its
ordinances, or any of the rules and regulations of the state board
of health, or the city board of health; to provide for the inspection
and regulate the sale of milk, meats and fish; to fix and regulate
from time to time the salaries of the officers and employees of
the city, except as herein otherwise provided; to compel property
owners or occupants to connect with the city sewers, and do or
regulate any other matter or thing that may tend to promote the
health, welfare, prosperity and morals of the city; to prohibit and
suppress all bawdy houses and disorderly houses; and any ex-
hibition, show, circus, parade or amusement contrary to good
morals; to prohibit and suppress all obscene pictures and literature;
to regulate, restrain and prevent the carrying on of manufactures
dangerous or increasing or producing fires, and license the sale of
firearms; to regulate the storage of gunpowder, tar, pitch, resin,
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saltpeter, coal oil, kerosene, gasoline, or other combustible, explo-
sive or inflammable material; to regulate the use of lights, candles,
lamps and steam pipes in all stables, shops and places of business;
to regulate and suppress the sale and use of firecrackers and other
fireworks, toy pistols, air guns and slingshots.
(e) To provide for and regulate the inspection of beef, pork,
flour and meal and all other provisions and oils, and to regulate
traffic on waters or waterways.
(f) To regulate the inspection of butter and lard; to regulate the
testing of meats, poultry, fish, fruit and vegetables.
To provide for inspecting and regulating the sanitary condition
of all dairies, butcher pens and slaughter houses, where the prod-
ucts are sold within the city limits, and to provide penalties for
violating such regulations.

(g) To establish, maintain and regulate markets, to provide for
the arrest, imprisonment and punishment of all vagrants and all
riotous and disorderly persons within the city by day or by night
and for the punishment of all breakers of the peace; to provide for
the dispersion of all disorderly assemblies on Sundays or secular
days; to pass all ordinances necessary to the health, convenience,
comfort and safety of the citizens, and to carry out the full intent
and meaning of this Act; to accomplish the objects of its intended
corporation to impose penalties for the violation thereof.

(h) To impose penalties on the owners, occupants, or agents of
any walks, or sidewalks, or any other structure or place, or any
other place which may be dangerous or detrimental to the citizens
or their property, unless after due notice the same may be remedied
or removed. To provide for the enclosing, improving and regula-
tion of public grounds, belonging to the city within or without the
corporate limits; to provide for the imprisonment of offenders
against the ordinances at hard labor on the streets or other work
to be designated by ordinance, unless the fines and costs attached
against them by judicial authority are paid.

(i) The council shall determine by ordinance the amount to be
credited to such persons on account of fine and costs for each day's
work performed. The city council shall have power by ordinance
to appropriate money for the payment of debts and expenses of the
city and also the debts of the municipal corporation of which said
City of Miami Beach is successor, under this Act. Provided, that


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MIAMI BEACH CHARTER


no costs in criminal prosecutions shall be taxed against the city or
paid by the city council.
(j) To license, control, tax and regulate traffic and sales upon
the streets, sidewalks and public places within the city and to regu-
late, suppress and prohibit hawkers and vendors upon such streets,
sidewalks and public places; and to license, and cause to be regis-
tered, and control, tax, regulate, or to prohibit in designated streets,
or parts of streets, carriages, omnibuses, motorbusses, cars, wagons,
drays, jitney busses and other vehicles; and to license, tax, and
cause to be registered and control the drivers thereof and to fix the
rate to be charged for the carriage of persons and property within
the city and to the public works beyond the limits of said city; to
make and promulgate regulations for traffic on the streets, or parts
of the streets, during such hours as may be necessary or convenient,
and to provide for parking spaces on the streets, and to, at any
time, discontinue the right to the use of such parking spaces and
to regulate or vacate or discontinue the use of the same; and to
require all vehicles for the carriage of persons for hire to execute a
bond to be conditioned as required by ordinance for the protection
of passengers and of the public, and to make such bond inure to the
benefit of persons or property which may be injured or damaged by
the operation of such vehicles for hire; and to require such bond
with such surety to be furnished by all vehicles for hire operating
upon the streets of the City of Miami Beach whether such opera-
tion be wholly within the limits of the City of Miami Beach or be-
tween the City of Miami Beach and other cities and towns or places
outside the City of Miami Beach.
(k) All vacancies in terms occurring in the city council shall be
filled by the vote of a majority of the remaining members of said city
council but if the remaining members shall fail or refuse to fill such
vacancy within thirty days after it occurs and if no general city
election will be held within ninety days after the expiration of said
thirty days then a special election shall be called and held to elect a
councilman to fill such vacancy; provided, however, that in no event
shall the term of office of a person so appointed or elected to fill a
vacancy extend beyond the qualification of a successor who shall
be elected at the next ensuing general city election.
The city council shall be the judge of the election and return of its
own members and shall prescribe rules for the determination of
contested elections and rules and regulations for the government
of its own members.


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MIAMI BEACH CHARTER


(1) The city council shall have the right to prescribe penalties for
breaches of all or any of its ordinances or any sections thereof by
fines and imprisonment in the city jail, and to force the collection
of fines by attachment summarily against the property of the de-
linquent, if the same can be found; provided, that the penalty en-
forced shall in no case exceed imprisonment for ninety (90) days
or of a fine of two hundred ($200.00) dollars. It shall have power
to remit fines and commute sentences imposed by the municipal
judge, and in addition to the powers hereinbefore enumerated, the
city council shall have all the powers and perform all the duties im-
posed upon them by the laws of Florida now in force, or which may
be hereafter enacted, provided for the government of cities and
town, not inconsistent with the provisions of this Act; and the
mayor, municipal judge, chief of police, clerk and collector, assessor,
and other officers, shall have all the powers and perform all the
duties imposed upon them by general law.
(m) The city council shall have the power to fix and establish a
fire limit within said city, and to prescribe rules and regulations
for the erection and repair of buildings in said city; provided, that
the fire limit as established in the municipality to which the munici-
pality hereby organized is a successor, shall not be decreased ex-
cept by the unanimous consent of all persons owning property in
any block to be taken from such fire limits. The city council shall
also pass such ordinances as may be necessary to protect and
preserve peace and order upon all property owned, leased, managed
or controlled by said city outside of the city, and enforce the same by
penalties.
(n) The city council shall have power to equalize tax assess-
ments, for raising or lowering tax assessments, and shall sit as a
board of equalization; to have exclusive power and control of the
construction, lighting, repair, grading and improving of all streets,
alleys, avenues and lanes, public wharves, landings, market houses,
spaces, bridges, bulkheads, sewers, trenches, ditches, culverts,
canals, streams, watercourses, dock-lines, and the location of such
dock-lines, sidewalks, curbing, public buildings and to fix and estab-
lish the grades of all highways, streets, parks, parkways, avenues,
alleys and thoroughfares.
(o) The city council shall furthermore have full power and law-
ful authority to lay out public streets, parks, sidewalks and thorough-
fares over, upon and across any Ocean Beach property within the
City of Miami Beach, between the high water mark and the low
MB-3 33


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MIAMI BEACH CHARTER


water mark; to fill in, excavate, level, develop and improve such
beach properties.
(p) To build boardwalks and concrete walks, piers, docks,
wharves, pavilions and bathhouses over, upon and across such
beaches, extending into or over the waters of the Atlantic Ocean
for business, amusement or recreation purposes.
(q) Said city council shall have exclusive power, supervision
and control over the construction and repairing of all public im-
provements of the city. The city council shall have power to enact
ordinances requiring all able-bodied male persons, over the age
of twenty-one years and under the age of fifty-five years, residing
within the city limits, who do not pay taxes to the city, whether by
license or taxes on real or personal property, to pay a street tax
to the amount of three ($3.00) dollars each, and all such persons
who pay such taxes to the city but not amounting in the aggregate
to the sum of three ($3.00) dollars, may be required to pay to the
city for street tax the amount of such deficiency; said taxes to be
collected and placed to the credit of repairs and internal improve-
ments fund. The failure or refusal to pay such street tax, or
fractional part thereof as aforesaid, is hereby declared to be a
misdemeanor, and upon conviction before the municipal court, such
person or persons so in default shall be fined the amount of such
street tax or deficiency with costs or by imprisonment in the city jail
for not more than (10) days; provided, any person convicted un-
der any ordinance passed by virtue hereof, shall have the privilege
of paying such fine and costs by work on the city streets under the
supervision of the street superintendent, at the rate of one ($1.00)
dollar per day.
(r) The city council shall have power to open, widen, light, grade,
pave, repair and otherwise improve streets, alleys, avenues, boule-
vards, lanes and other public highways, and to construct storm
sewers, sanitary sewers and other drains and sewers within and
under any street, alley, avenue, lane or other public highway; to
purchase, lay out and improve parks and parkways; to construct
bulkheads; to construct or purchase a telephone system, and works
for supplying said city and its inhabitants with water, ice, gas for
illuminating and heating purposes, and electric energy for illuminat-
ing, heating or power purposes; to build suitable service or connect-
ing apparatus between all or any real estate within the city and
any sewer or drain, or any subterranean conduit, pipe or duct for
the supply of gas, electric energy, or water, owned or operated or


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MIAMI BEACH CHARTER


about to be constructed by the city in front of such premises; to
erect or purchase a city hall, hospitals for the cure or detention of
the sick, jails, market houses or other buildings for municipal pur-
poses, and to equip and furnish the same; to erect bridges, cul-
verts and viaducts over any waterway, railroad tract or other de-
pression in or under any street, boulevard, avenue, alley, lane or
other public highway; to construct tunnels under any waterway or
railroad; to construct or purchase any street or local railway for
the transportation of passengers or freight; to construct ship
channels, canals, basins and waterways within the city or into or
through any part of the Bay of Biscayne, the Atlantic Ocean, and
any harbors within the city limits for such width and length and
for such depth as the city council shall deem necessary or convenient
for the use of shipping; to contract with the government of the
United States for the aid of the government in any such work, or
for the giving of aid by the city to the government for any such
work done, or to be done, by the government; to construct or
acquire wharves, docks, warehouses, and other properties within
or without the city limits, deemed by the council to be necessary or
convenient for the use of shipping; to acquire all lands, submerged
lands and riparian rights deemed necessary for any of the foregoing
purposes, or for any municipal purpose.

(s) In addition to its powers of eminent domain under other
laws of the state, the city council shall have power in carrying out
any of the authority herein given to condemn any water, ice, gas,
power or light plant, telephone system, or street or local railway,
ship channel, canal, basin, waterway, wharf, dock, warehouse.
lands, submerged lands, riparian rights or building, or any thereof,
or any part thereof, with any and all franchises, rights and ease-
ments thereunto belonging or appertaining by proceeding in the
manner provided in the laws of Florida for the exercising of the
right of eminent domain.
(t) The city council shall have power to operate, maintain, re-
pair and extend any and all of its municipal properties.
(u) The city council shall have power to make a contract with
Dade County, or with any person, firm or corporation, by which a
portion of the cost of any municipal improvement to be owned
by the city shall be borne by such contracting party, upon such terms
as to payment and otherwise as the council may determine.
(v) The city council shall have authority to destroy surplus


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MIAMI BEACH CHARTER


privies and cesspools or other forms of receptacles for sewage,
other than the sanitary service sewers, and power to compel prop-
erty owners to connect their premises with service sewers, and in
case of their refusal after notice given, to authorize such connection
to be made by the city, and to fix a lien upon such premises for
the cost thereof, of the same nature and to the same extent as the
lien for taxes; the city may collect such charge of lien in the same
manner in which city taxes are collected.
(II) The city council shall have power and authority:
(a) To establish, impose and enforce water rates and rates and
charges for gas, electricity and all other public utilities or other
service or conveniences operated, rendered or furnished by the city
or by any other persons, firm or corporation.
(b) To require proper and adequate extensions of plant and
service, and the maintenance of the plant and fixtures at the highest
practicable standard of efficiency.
(c) To establish reasonable standards of service and quality
products and prevent unjust discrimination in service or rates.
(d) To prescribe the form of accounts and at any time to ex-
amine and audit the accounts and other records of any such utility;
but if a public service commission or any other authority shall be
given the power by law to prescribe the form of accounts for public
utilities throughout the state, the forms so prescribed shall be con-
trolling so far as they go, but the city council may prescribe more
detailed forms for the utilities within its jurisdiction.
(e) To impose such other regulations as may be conducive to
the safety, welfare and accommodation of the public.
(f) In addition to the powers above granted, the city council of
said city shall have power and authority to acquire by purchase,
lease, or otherwise; improve, maintain, and/or operate lands for
the parking or storage of automotive vehicles; to operate same,
making charges therefore, and to lease to, or contract with, others
for the operation thereof, said lands for said purposes. On account
of traffic conditions in said city and other good and sufficient
reasons, the parking and/or storage of automotive vehicles within
said city is hereby declared to be a municipal purpose.
(III) In addition to the powers above granted, the city council
shall have all powers and privileges not inconsistent herewith,
granted to the city council of cities and towns by the general laws of
the State of Florida, and shall have power to do and perform all


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MIAMI BEACH CHARTER


things necessary for the government of the city not inconsistent
with the Constitution and laws of the United States, the Constitu-
tion of the State of Florida, and the terms and provisions of this
Act. (Ch. 9836, 11, Sp. Acts 1923; ch. 16567, 1, Sp. Acts
1933; ch. 23415, 1, Sp. Acts 1945.)

Secs. 29 and 30. Local improvements generally.4

(a) The city council is hereby authorized and empowered in
the manner herein provided to cause any waterway within said
city to be bulkheaded; to cause groynes or jetties to be constructed
along the shore and into the Atlantic Ocean to protect the main land
from the effects of tides and winds; to cause boardwalks or other
walks or seawalls to be constructed in its public parks and upon or
along any property of said city, or in which it has a perpetual ease-
ment, or which is dedicated to said city or the public along or
near the shore of the Atlantic Ocean; to cause any and all high-
ways, by whatever designation they may be known, or any part
thereof, to be lighted, graded, paved, repaved, macadamized, re-
macadamized and to cause curbs and gutters to be constructed there-
upon, and sanitary sewers, storm sewers and other drains to be
laid or constructed in any such highway, or part thereof, and/or
in any right of way or easement granted to or acquired by said
city or any dedicated way, and to provide for the payment of the
cost thereof.
Editor's note.-The letter enclosed in parentheses was not a part of
the original Act. It was inserted here for the purpose of clarification.
(b) In this section certain words and phrases will be used with
the following meanings, unless other meaning is plainly intended:
The main divisions of this section are sometimes herein termed
paragraphs, and the divisions of paragraphs are sometimes herein
termed subparagraphs.
A local improvement is an improvement defined by this section
and made under the provisions thereof.

4. For a discussion of these sections in connection with proper notice
of a special assessment, see Rafkin v. City of Miami Beach (Fla.), 38
So. (2d) 836.
For a case discussing these sections in connection with certain special
assessments levied for construction of a street, see City of Miami v.
Tenney and Demarest Holding Co., 150 Fla. 241, 7 So. (2d) 136.


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MIAMI BEACH CHARTER


The word city council shall be deemed to refer to the city council
of the City of Miami Beach.
A highway is a public way, embracing a street, boulevard, avenue,
lane, alley, parkway, court, terrace and place, but not embracing a
sidewalk.
A sidewalk is a path for pedestrians along a highway.
A storm sewer is a conduit above or below the ground, for the
passage of storm water, and may embrace a pumping station and
outlet where deemed necessary, and may also embrace the build-
ing of culverts over or enclosing of streams where necessary or ad-
visable to carry off storm water.
A sanitary sewer is an underground conduit for the passage of
sewage and may embrace a pumping station and outlet where
deemed necessary.
A curb sewer is a sanitary sewer at or near a curb instead of
at or near the middle of a highway.
A lateral is a pipe connecting a sewer main with the line of ad-
jacent property or the curb line, as the city council may prescribe,
being either a sewer lateral or a water lateral, but does not include
a building connection, that is, a pipe extending from a lateral at
the property line or curb line to the house or plumbing fixture on
the property.
An easement is a right of way granted by one or more property
,owners to or acquired by the City of Miami Beach, granted or ac-
quired for use in laying, constructing and maintaining sewers, con-
duits, drains, groynes, seawalls, board or other walks and shall in-
,clude easements created by dedication.
A white way light is a system of ornamental posts and orna-
mental lamps with connections for supplying electric energy there-
for.
A groyne or jetty is a structure extending from the main land
into water to prevent the washing away of land or to regulate ac-
cretion.
A seawall is a structure to prevent the overflow of water and
damage to land or other property.
Improvements authorized to be made under the provisions of this
Act are divided into six classes, as follows:
Class 1. Highway improvements embrace the grading, paving,
repaving, macadamizing and remacadamizing of highways with


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necessary drainage, sewer inlets, manholes and catch basins, and, if
the city council so orders, may embrace curbs and gutters.5
Class 2. Sidewalk improvements embrace grading and construc-
tion of sidewalks, and, if the city so orders, may embrace curbs and
gutters.
Class 3. Sanitary sewers embrace the construction of sanitary
sewers, the relaying, where necessary, of streets and sidewalks
necessarily torn up or damaged and, if the city council so orders,
the laying of sewer laterals as a separate improvement or as a part
of the main improvement.
Class 4. Storm sewer improvements embrace the construction of
storm sewers, the relaying, where necessary, of streets and side-
walks necessarily torn up or damaged, and, if the city council so
orders, the laying of sewer laterals as a separate improvement or
as a part of the main improvement. Storm sewer improvements
may also embrace the building of culverts over or enclosing of
streams where necessary or advisable to carry off storm water.
The word "sewer" includes both sanitary and storm sewers unless
a contrary intention is shown.
Class 5. Water front improvements embrace the construction of
bulkheads, seawalls and other retaining walls along a bay, creek,
canal or lake, and the construction of groynes or jetties or sea-
walls along the shores of the Atlantic Ocean with necessary fills
and dredging, and said water front improvements may embrace
the acquisition by purchase, condemnation or otherwise of land
rights and easement therefore.
Class 6. Board or other walks embrace the construction of any
kind of walk or promenade in public parks or in or on an easement
along or near the shore of the Atlantic Ocean and may embrace
the acquisition by purchase, condemnation or otherwise of land
rights and easements therefore.

5. In City of Miami Beach v. Adams, Matthews and Rumsey, 114 Fla.
81, 153 So. 85, the court held that the repaving and widening of a trans-
versed roadway which at the time was no part of the general system
of city streets, but was merely biatic laid across an island, is not a high-
way improvement within the purview of "Class 1" of the character of
local improvements that are specifically described and authorized to be
made under this section as amended through 1925; hence special as-
sessments for such improvement were void.
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MIAMI BEACH CHARTER


Class 7. White way lights embrace the purchase and erection of
ornamental posts and lamps with connections necessary for lighting
highways and relaying, where necessary, of streets and sidewalks
necessarily torn up and damaged.
Incidental expense embraces the following items, including rea-
sonable sums paid or credited to the city, or any department thereof,
for services rendered by any department or officer or clerk thereof
in connection with any such items:
Preliminary and other surveys.
Inspection and superintendence of work.
Preparation of plans and specifications and estimates.
Printing and publishing of notices and proceedings.
Preparation of bonds.
Interest during construction.
Legal services, abstracts, etc.
Any other expense necessary or proper in conducting the pro-
ceedings and work herein provided for.
Railroad includes all forms of transportation by rail not owned
by the city, whether propelled by electric, gasoline or steam power.
(c) The City of Miami Beach is authorized to make local im-
provements and provide for paying the cost thereof as herein pro-
vided.
(d) The initial proceedings for local improvements hereunder
shall be the passage at a regular or special meeting of the city council
of a resolution ordering the same to be made under this section, indi-
cating the location by terminal points and route, either giving a
description of the improvements by its material, nature, character
and size, or giving two or more such descriptions with the direc-
tion that the material, nature, character and size be subsequently
determined in conformity with one of such descriptions. A single
resolution may embrace one improvement only, or one improvement
of each of two or more classes of improvements. An improvement
need not be continuous and may be in more than one locality or
highway or easement, but highway, sidewalk or easement improve-
ment shall be practically uniform in cost and kind throughout the
improvement, and a sanitary sewer improvement shall not provide
for a curb as a part of the improvement, and a sewer at or near the
middle of a highway as another part. Nothing herein shall prevent
the city council from excluding from any highway improvement
that portion of the highway which has been improved by any rail-
road, or any portion which the city may, under the franchise or


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contract with such railroad, require it to improve. If the resolu-
tion shall order a waterway or storm sewer improvement, or groyne
or jetty improvement, or board or other walk improvement, or bulk-
head improvement, it shall designate the property which the city
council deems will be especially benefited thereby, and, if any of
said improvements be ordered and a proportion of the cost thereof
is to be borne by the city at large the resolution shall indicate such
proportion, and the proportion thereof which shall be especially as-
sessed. A resolution may give any sure and convenient designation
to each improvement ordered thereby, and the property against
which assessments are to be made for the cost of such improvement
shall be designated as a district, followed by a letter or number or
name to distinguish it from other districts, after which it shall be
sufficient to refer to such improvement and property by such des-
ignations in all proceedings, assessments and bonds, except in the
notice provided by paragraph (f) of this section.

(e) As soon as may be after the passage of said resolution the
city engineer, or such other officer or officers as the city council
may designate, shall prepare and file with the city clerk plans and
specifications of each improvement ordered thereby and an esti-
mate of the cost thereof including an estimate of the cost of each
kind of improvement, if the resolution provided alternative de-
scriptions of material, nature, character and size, which estimates
shall show the estimated amount of cost and incidental expense to
be assessed against property, and except in case of improvements
the cost of which, or part thereof, is to be assessed against an area
deemed especially benefited thereby, the estimated amount to be
assessed against each front foot of abutting property.

(f) The city clerk upon the filing with him of such plans, speci-
fications and estimates shall post or cause to be posted at the door
of the City Hall in the City of Miami Beach, and in at least two
other public places in the City of Miami Beach, or to be published
at least once in a newspaper of general circulation in said city, a
notice stating that at a meeting of the city council on a certain date
and hour, not earlier than ten days from such publication or posting,
the city council will hear the objections of all interested persons to
the confirmation of said resolution, which notice shall state in brief
and general terms a description of the proposed improvement, with
the location thereof, and shall also state that plans, specifications
and estimates of cost thereof are on file in the office of the city clerk.


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(g) At the time named in said notice, or to which an adjourn-
ment may be taken, the city council shall receive any objections of
interested persons, and may then or thereafter repeal or confirm
said resolutions with such amendments, if any, as may be desired by
the city council and which do not change in any way the location
of improvement or improvements; provided, however, that such
resolution shall not then or thereafter be confirmed if it contains
items which cannot be properly charged to the property owners, or
if it is, for any default or defect in the passage or character of the
resolution or estimate, void or voidable, in whole or in part, or if
it exceeds the power of the city council.
(h) Within ten days after such confirmation, the resolution con-
firming same, together with the estimates submitted, shall be
recorded by the city clerk in a special book to be kept for that
purpose, which book shall be known as Improvement and Assess-
ment Book, and which book shall give the description by lot and
block number, or by metes and bounds, of the pieces of property
affected thereby, together with the estimated amount per front foot
assessable against each lot or portion thereof, except in case of
improvement the cost of which, or part thereof, is to be assessed
against an area deemed especially benefited thereby, in which case
there shall be given the estimated amount per square foot or the
estimated amount, which abuts upon or is benefited by the im-
provement or assessment, which said book shall be ruled in such
a way that any person-can readily ascertain the assessment against
any piece of property affected, and it shall not be necessary to re-
cord the same in the minutes of the meeting of the city council in
such meeting.

(i) All objections to any improvement resolution on the grounds
that it contains items which cannot be properly charged to the
property owners or that it is, for any default or defect, in the pas-
sage or character of the resolution or estimate, void or voidable, in
whole or in part, or that it exceeds the power of the legislative body
of the municipality, shall be made in writing, in person or by at-
torney, and filed with the city clerk at or before the time or ad-
journed time of such hearing. Any objections made against the
making of an improvement not so made shall be considered as
waived, and if any objection shall be made and overruled or shall
not be sustained, the confirmation of the resolution shall be the final
adjudication of the issues presented, unless proper steps shall be


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taken in a court of competent jurisdiction to secure relief within
ten days.
(j) On or after the date of confirmation of any such resolution
ordering work to be constructed the city clerk shall post or cause
to be posted at the door of the City Hall in said city, and in at least
two other public places in said city, or to be published at least once
in a newspaper of general circulation in the city, and if the esti-
mated cost exceeds five thousand dollars, in a newspaper of gen-
eral circulation in Dade County, Florida, a notice calling for sealed
bids to be received by the city council on a day not earlier than
fifteen days from the first posting or publication for the construc-
tion of the work, unless in such resolution the city council shall
have declared its intention to have the work done by the city forces
without contract. The notice may refer in general terms to the
extent and nature of the improvement or improvements, and may
identify the same by the short designation indicated in the initial
resolution and by reference to the plans and specifications on file.
If the initial resolution shall have given two or more alternative
descriptions of the improvement as to its material, nature, charac-
ter and size, and if the city council shall not have theretofore de-
termined upon a definite description, the notice may call for bids
upon each of such descriptions. No contractor shall be required
to take bonds, warrants or certificates in payment, but payment may
be made in cash upon monthly estimates of the city engineer to
the amount of ninety per cent of such estimates, and the balance
due shall be paid in cash within sixty days after acceptance of the
work and said notice may state such conditions as to payment. Bids
may be requested for the work as a whole or for any part thereof
separately, and bids may be asked for any one or more improvements
offered by the same or different resolutions, but any bid covering
work upon more than one improvement shall be in such form as
to permit a separation of cost as to each improvement. The notice
may require bidders to file with their bids a certified check on an in-
corporated bank or trust company for two and one-half per cent of
the amount of their respective bids, to insure the execution of a
contract to carry out the work in accordance with such plans and
specifications, and to insure the filing at the making of such con-
tract of a bond in the amount of the contract price, with sureties
satisfactory to the city, conditioned for the performance of the work
in accordance with said contract. The city council shall have the
right to reject any or all bids, and if all bids are rejected, the city


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council may readvertise for all or a part of such work, or may
determine to do all or a part of the work without contract.
(k) After a contract shall have been entered into for any im-
provement embraced in any resolution, or, if the city shall do the
work itself, after an improvement authorized by any resolution shall
have been completed the city engineer shall prepare a preliminary
assessment roll and file same with the city clerk, which roll shall
contain the following:

1. A description of the lots and parcels of land within the district,
which in the case of improvements the cost of which or part thereof
is to be assessed against an area deemed especially benefited thereby
shall include all property declared by the city council in such improve-
ment resolution to be especially benefited thereby, and in the case of
other improvements shall include lots and lands which abut upon
the sides of that part of any highway to be improved, or in which a
sanitary sewer, except a curb sewer, is to be laid and the lots and
lands which abut upon the side or sides of any highway in or along
which side or sides of a sidewalk is to be constructed or a sanitary
curb sewer is to be laid. Such property, lots and lands shall include
city property and lands within the city, which abut upon an inter-
section as therein defined. There shall also be given the name of the
owner of each lot or parcel where such can be ascertained from the
city records, and in all cases, save areas to be assessed for the cost or
part thereof, and deemed to be especially benefited, a statement of
the number of feet of property so abutting, which number of feet
shall be known as the frontage.
2. In case of highway improvements a description of any track or
tracks of railroad as herein defined, already laid or for the laying of
which any franchise shall have been granted within the portion of
the highway or highways to be improved, giving the number of
tracks, the distance between the tracks and the distance between the
rails, if an assessment is to be made against such railway or the
owners thereof.
3. The total cost of the improvement which, if made by contract,
shall be the price named therein or the price computed from unit
prices named therein, taking into consideration minor changes and
alterations found necessary, but if the city shall do the work itself,
the actual cost of such work, and in all cases the amount of incidental
expense, estimated or actual.


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4. An apportionment, to be computed as follows, of the cost of
each improvement and incidental expense, to be apportioned in the
same proportion:
IN HIGHWAY IMPROVEMENTS.
(a) To any railroad as herein defined, the track or tracks of which
may be in or upon any portion of the highway or intersection to be
improved, or to which any franchise for such track or tracks shall
have been granted, provided assessment is to be made against such
railroad or the owners thereof pursuant to such franchise, there
shall be apportioned the cost of such improvement between the
tracks and between the rails of each track, and for the distance of 18
inches beyond each outer rail, including switches and turnouts; and
when an assessment of such apportionment shall have been con-
firmed against any such railroad, it shall constitute a lien upon all
the franchises and property thereof to the same extent as other
assessments herein provided for constitute liens upon abutting or
benefited property; provided, however, that when any such railroad
shall operate, or be about to operate under any ordinance, contract
or franchise which provides for the amount, manner and conditions
of the payment of cost by such railroad, the foregoing provisions
as to such railroad shall apply only to the extent the same may not
be inconsistent with any such ordinance, contract or franchise, and
provided that if under the terms of any ordinance, contract or fran-
chise, the city shall exempt such railroad from assessment, the cost
which would otherwise be assessable against such railroad shall be
assessed against the property abutting upon such highway, as if the
railroad were not in existence.
(b) To the city shall be apportioned the cost of highway improve-
ments at the intersections, except that part of such intersection cost
as is apportioned to railroads. The word "intersection" shall be
deemed to include not only that part of a highway which is common
to another highway, but also that portion of a highway which would
be embraced within the extension, if extended, of another highway
entering into it or meeting it.
(c) To abutting property shall be apportioned the remaining
cost of highway improvements.
IN SIDEWALK IMPROVEMENTS.
(d) To abutting property shall be apportioned all the cost of
sidewalk improvements, the lots within a block being deemed to


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abut upon a sidewalk although the latter extends beyond the lots
to the curb line of an intersecting highway.
IN SANITARY SEWER IMPROVEMENT.
(e) To the city shall be apportioned the cost of sanitary improve-
ments at intersections.
(f) To the city shall be apportioned the cost of any pumping
station or outlet.
(g) To each lot or parcel of land to the property or curb line of
which a sanitary sewer lateral is laid, shall be apportioned the cost
of that lateral.
(h) To abutting property shall be apportioned either (a) the
cost of a sanitary sewer, except at intersections, or (b) the cost of
an 8-inch sanitary sewer, except at intersections, as such cost is esti-
mated by the city engineer (whichever be the lesser) not including
therein the cost of laterals, pumping station or outlet.

IN STORM SEWER IMPROVEMENTS.
(i) To the city shall be apportioned one-third of the cost of storm
sewers including any pumping station and outlet, but excluding
storm sewer laterals.
(j) To the lots and parcels within the district shall be ap-
portioned two-thirds of the cost of storm sewers, including any
pumping station and outlet, but excluding laterals.
(k) To each lot and parcel, to the property or curb line of which
a storm sewer lateral shall be laid, shall be apportioned the cost of
such lateral.
IN WATER FRONT IMPROVEMENTS.
(1) To the city shall be apportioned such part of the cost of water
front, board or other walk improvement as may have been deter-
mined by the initial resolution.
(m) To the lots and parcels within the district or area deemed
especially benefited shall be apportioned the remaining part of water
front improvements or board or other walk improvements.

IN WHITE WAY LIGHT IMPROVEMENTS.
(n) To the city shall be apportioned such portion of the cost of
white way light improvements as may have been determined by the
city council by the initial resolution.
(o) To the lots or parcels of land within a given block (meaning


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that land lying between two parallel streets) abutting on a street
so improved shall be apportioned the remaining cost of white way
light improvements made in such block on the side where such
property abuts.

ASSESSMENT OF INDIVIDUAL LOTS.
(p) The amount of the cost of water front and board or other
walks, improvements and storm sewers, including laterals so ap-
portioned to lots and parcels of land, shall be assessed to the several
lots and parcels within the district, in the proportion which the city
engineer deems to be the proportion of special benefits each such lot
or parcel shall receive, and the amount of cost of each highway, side-
walk and sanitary sewer improvement, except laterals so apportioned
to abutting property, shall be assessed in said roll against such abut-
ting property, according to frontage.
(q) The preliminary roll shall be advisory only and shall be
subject to the action of the city council as hereinafter provided.
(r) Upon the filing with the city clerk of the preliminary roll
required by this section, the city clerk shall publish once for each of
two successive weeks, in a daily newspaper of general circulation
in the City of Miami Beach, though it may be a paper published
in the City of Miami, Florida, a notice stating that at a regular
meeting of the city council to be held on a certain day and hour,
not less than twelve days from the date of the first publication,
all interested persons may appear and file written objections
to the confirmation of said roll.
(s) At the time and place stated in such notice, the city council
shall hear and receive the objections in writing of all interested
persons interested in said notice. Then or thereafter, the city
council shall either annul or sustain or modify, in whole or in
part, the prima facie assessment as indicated on said roll, either
by confirming the prima facie assessment against any or all lots
or parcels therein described, or by cancelling, increasing or re-
ducing the same, according to the special benefits which said city
council decide each said lot or parcel has received or will receive
on account of such improvement. If any property which may be
chargeable under this section shall have been omitted from said
preliminary roll, or if the prima facie assessment has not been made
against it, the city council may place on said roll an apportionment


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MIAMI BEACH CHARTER


to said property. The city council may thereupon confirm said
roll, but shall not confirm any assessment in excess of the special
benefits to the property assessed, and assessments so confirmed
shall be in proportion to the special benefits. Forthwith after such
confirmation said assessment roll shall be delivered to the city clerk
and such confirmation shall be final and conclusive, except as here-
inafter provided.
(t) If the owners of any railroad or any lot or parcel of land so
assessed shall within ten days from such confirmation file a written
verified petition in the office of the clerk of the circuit court of
Dade County, Florida, setting forth that the amount so assessed
against any property of the petitioner exceeds the amount of the
special benefit the petitioner has sustained or will sustain by reason
of such improvement, or is out of proportion to benefits, or that
the assessment is invalid for any reason whatsoever, and shall at
the same time file with said clerk a written undertaking in at least
the sum of two hundred dollars, with a good and sufficient surety
to be justified before and approved by the said clerk to the effect
that the petitioner will pay to said city all costs and damages to be
sustained by it by reason of such proceeding, and shall, within ten
days from such confirmation deliver to the city manager or leave
in his office a copy of said petition, then the validity of such as-
sessment against said property shall be determined as hereinafter
provided. Within ten days after the delivery of said copy of peti-
tion to the city manager or at his office the manager shall appear
and answer the said petition and the case shall be heard upon such
petition and answer and upon such evidence as may be presented
to the court. The judge of the court shall hear and determine any
case, in term or vacation, giving such hearing and determination
precedence over all other cases so far as the same may be practi-
cable. The decision of the court in such proceedings shall be final
and an appeal shall be allowed only if properly prayed and per-
fected within ten days from the date of the order. If the assessment
against such property shall be sustained or reduced or abated by
the court the city clerk shall note that fact on the assessment roll
opposite the description of the property whose assessment was so
contested. The cost of any such proceedings shall be paid by the
party complaining of such assessment, unless said assessment is
abated or is reduced by the court ten per cent, or more, and judg-
ment shall be rendered against him for the amount of such costs.
In case assessment shall be abated or shall be reduced ten per cent


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MIAMI BEACH CHARTER


or more, such costs and expense shall be paid by the city and judg-
ment shall be entered against it for the amount thereof.
(u) The amount of the special assessment against any lot or
parcel which may be set aside by the court, unless the assessment
upon the entire district be set aside, or the amount by which such
assessment is so reduced, may by resolution of the city council
be made chargeable against the city at large; or, in the discretion
of the city council a new assessment roll may be prepared and con-
firmed in the manner hereinabove provided for the preparation and
confirmation of the original assessment roll, except that no notice
of hearing upon such roll need be published or given as to any
property unless the assessment against it is increased. The city
council, shall take prompt action as herein provided in case of the
reduction or invalidation of any assessment, and any such action
shall be noted by the city clerk, on said assessment roll, unless
a new roll shall be made and confirmed, in which case the former
roll shall be a nullity and the right of petition to the circuit court as
to the amounts apportioned by the new roll shall be again in force
as to such new roll.
(v) Thirty days after the confirmation of the assessments the
amounts apportioned and assessed shall be due and payable at the
office of the city clerk, except as to any property, including rail-
roads, whose owners shall have filed a petition in the circuit court
as hereinabove provided, which assessments shall be due and pay-
able eleven days after the decision of the court thereupon, but not
within said thirty days; but it shall be lawful for the city council
to provide by resolution that if the owner of any lot or parcel
assessed in excess of twenty-five dollars shall file with the city
clerk before such date on which full payment is required his
written undertaking waiving all irregularity and illegality in con-
nection with the said assessment against such lot or parcel, he shall
have the privilege of paying the same in equal annual payments in
each of the ten succeeding years, or such shorter period as may be
fixed by the city council, at the time in said years at which the gen-
eral city taxes are due and payable, with interest upon such deferred
installments at the rate of six per cent per annum, payable annually
from the date such assessment would be due if such undertaking
were not filed and upon the filing of any such undertaking the
assessments embraced by it shall be payable at the time or times
so fixed and with such interest, but any assessment whose payment
shall be so deferred may be paid at any time when accompanied by
MB-4 49


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the payment of interest accrued thereon and that which will ac-
crue to the next succeeding annual date for payment; provided,
however, that nothing herein contained shall be deemed to pre-
vent the city council from extending the time in which such under-
taking as to any one or more lots or parcels of land shall be filed.

(w) The said assessments shall constitute a lien upon the prop-
erty so assessed from the date of the passage of the resolution order-
ing the improvement, of the same nature and to the same extent
as the lien for general city taxes, and shall be collectible in the same
manner and with the same penalties and under the same provisions
as to sale and forfeiture as city taxes are collectible. Collections
of such assessments may also be made by the city by proceedings
in a court of equity to foreclose the lien of assessments as a lien
for mortgages is or may be foreclosed under the laws of the state,
and it shall be lawful to join in any bill for foreclosure any one
or more lots or parcels of land, by whomsoever owned, if assessed
for an improvement ordered by the same resolution; provided
that failure to pay any installment of principal or interest of any
assessment when such installment shall become due shall without
notice or other proceedings cause all installments of principal re-
maining unpaid to be forthwith due and payable, with interest
thereon at six per centum; but if before any sale of the property
for delinquent assessments, the amount of such delinquency shall
be paid with all penalties, interest and cost, further installments
of the principal shall cease to become so due and payable, and
shall be due and payable at the times set forth in or contemplated
by said written undertaking.

(x) All assessments made pursuant to this section and all as-
sessments heretofore made for improvements, as well as all moneys
already collected for any such assessments, are hereby pledged to
the payment of the principal and interest of the bonds authorized
by this section and bonds heretofore authorized to the payment
of which assessments have heretofore been pledged by the munici-
pality, which shall include moneys directed to be placed in Im-
provement Funds 1 to 9, inclusive, shall, when collected, be placed
in Improvement Fund 9, in which fund no distinction or separation
between the assessments for different improvements shall be made,
and such assessments or moneys collected shall be used solely for
the payment of the principal and interest of such bonds as the same
shall become due.


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(y) On or after the confirmation of the resolution ordering an
improvement or improvements, the city council may, by resolution,
issue bonds of the city for the payment of the entire cost or any
part thereof, including incidental expense, and for the reimburse-
ment of any fund of the city from which any part of such cost shall
have theretofore been paid, in an amount not greater than the
estimate herein provided of the cost and incidental expense, which
estimate, if the initial resolution shall have given two or more
alternative descriptions of the improvement by its material, nature,
character and size, with estimates as to each description, shall be the
lowest of such estimates, but no bonds shall be issued in excess of
the contract price and estimated cost of incidental expense unless
such bonds shall have been delivered or sold or advertised for sale
prior to the making of such contract. If the bonds shall be author-
ized after such contract is made, they may be issued to the full
amount of such contract and the amount paid and the amount
awarded in eminent domain proceedings for any land, rights and
easements necessary to be acquired for the improvement and the
estimated incidental expense, and a finding by the city council of
the amount of a contract or the amount so paid to or awarded for
land, rights or easements, or the amount of incidental expense,
shall be conclusive for the purpose of this paragraph. An issue
of bonds need not be limited to one improvement, and bonds may
be issued in one or more series for all or a part of the cost of any
one or more improvements. Each series of bonds shall mature in
annual installments on such dates of each year and in such amounts
as the city council may determine, beginning not more than two
years from their date, not extending beyond twenty years from
their date; they shall bear interest not greater than six per cent
per annum, payable semiannually, and the principal and interest
shall be made payable in such medium and at such place as the city
council may determine. Such bonds shall be absolute, general and
direct obligations of the city and shall be issued only in denomi-
nations of $500.00 or $1,000.00, with interest coupons attached.
They shall be sold by the city council only after publishing
at least ten (10) days before receipt of bids therefore, a notice
calling for such bids, and shall not be sold at less than 97c. on the
dollar and accrued interest. Such bonds may provide for redemp-
tion prior to maturity at a price not greater than $1.03 plus accrued
interest.
(z) Notwithstanding the provisions made herein for the con-


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servation and pledge of special assessments for the payment of such
bonds and interest, the city council is hereby authorized and re-
quired annually to levy a special tax upon all taxable property
within the city over and above all taxes authorized or limited by
the Charter of the city, or other law, sufficient to pay the interest
and principal of all such bonds at their several dates of maturity,
the proceeds of all which taxes shall, when collected, be paid into
the fund referred to in paragraph (x) of this section, together with
the special assessments in said fund contained, and said fund shall
be used for no other purpose than the payment of such principal
and interest; provided, however, that the amount of the annual tax
levy herein required may be reduced in any year by the amount then
contained in said fund, it being the intention hereof to provide
that such bonds shall be payable by general taxation as other bonds
of the city, but that the additional security provided herein by way
of special assessments will reduce the amount of such general tax-
ation.
(aa) Such bonds shall be issued only after same shall have been
approved by a majority of the votes cast in an election in which a
majority of the freeholders, who are qualified electors residing in
the said City of Miami Beach shall participate, to be held in the man-
ner to be prescribed by law in conformity with Section 6 of Article
9 of the Constitution of the State of Florida; the initiative and ref-
erendum provisions of this Charter shall not be applicable thereto.
All proceedings of the city council herein provided for may be taken
by resolution, which resolution shall be in force from and after its
passage.

(bb) In all cases in which'assessments or charges against prop-
erty have heretofore been or shall be made for improvements,
authorized hereunder for which assessment or charges the city
shall hold liens upon abutting or benefited property not pledged
to the payment of any bonds or other obligations, bonds of the
city may be issued to the amount of such unpaid assessments or
charges of the character and in the manner in this section provided
for other bonds, and the proceeds of such bonds shall be used in
repaying to any fund of the city any amount which shall have been
paid therefrom upon the cost of the improvement for which such
assessments or charges are made and in paying any sums remaining
due upon such cost; and after the issuance of bonds under this
paragraph such assessments and charges when collected shall be


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placed in the fund referred to in paragraph (x) of this section
and be subject to the provisions of this section concerning said fund.
(cc) All resolutions heretofore passed and confirmed and not
repealed, which have ordered improvements which might have been
initiated under section 29 of the Charter of the city, and all contracts
heretofore made for the construction of improvements thereby
ordered, and all contracts made pursuant to advertisements for
bids for contracts for such construction, are hereby ratified and the
improvements so ordered may be made, and the procedure therefore
continued under and pursuant to this section, the provisions of
which shall apply to the advertisement and letting of contracts,
the making of assessments, the signing of waivers, the issuance
of bonds and all other details in this section mentioned, save insofar
as any of said steps shall heretofore have been taken by the city,
it being the intention that the city shall succeed to and be bound by
all things done by the city pursuant to section 29 of this Charter,
and that such things done are hereby adopted and ratified as if done
pursuant to the provisions of this section.
(dd) Where the proceeds of bonds issued or to be issued under
this section have been or shall be found to exceed the costs of the
improvements for which such bonds were or shall be issued, such
excess may be transferred by the city council to a fund to be created
by it for use only in paying the city's share of the costs of other
local improvements made under this section.
(ee) As soon as any improvement shall have been completed
the city council shall cause a notice to be posted at the door of the
City Hall of said city and in at least two other public places in said
city, or to be published in a newspaper of general circulation of the
city, stating that at a meeting of the city council to be held at a
certain day and hour, not less than ten days from the posting or
publication of such notice, the city council will hear any objections
of persons interested in or affected by the said improvement as to
the acceptance thereof by the city council. At the time and place
mentioned in said notice said city council shall hear objections, if
any, and may then or thereafter accept the said improvement.

(ff) The city council may make allowance and grant credit to
property owners for improvements previously made by such prop-
erty owners to the extent, and only to the extent, that such improve-
ments shall have been made in accord with the plans and specifi-


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MIAMI BEACH CHARTER


cations of improvements ordered and shall be of value and utility
as a part of the improvement ordered, and it may prescribe a
plan or system for fixing and determining said credit.
Notwithstanding anything in this Enactment to the contrary,
when it becomes necessary or practicable to order the construction
of a sanitary sewer in a highway abutting a piece of land against
which an assessment has already been made for, and a sanitary
sewer constructed, and which is in use or which sewer so ordered
shall extend along two sides of a piece of land, the cost of such
sewer in the case of construction where the cost of a sewer has
already been assessed, shall not be assessed against such piece of
land and in the case of a sewer so ordered extending along two
sides of a piece of land the cost thereof along the longer side only
shall be assessed to such piece of land, and in either case all of the
remainder of the cost of such sewer in the district shall be con-
sidered a part of the cost of such sewer for the district in which
laid, the total cost of which shall, except as in this section other-
wise provided, be assessed against the remaining abutting lots or
pieces of land.
When a sidewalk or curb sewer is laid only on one side of a
highway or easement, the cost thereof, except as otherwise pro-
vided herein, shall be assessed against the property abutting upon
that side, and such laying shall not, because thereof, be construed
to violate the provision herein that such improvement shall be
practically uniform in cost and kind throughout.
(gg) In fixing the assessments herein provided for, whenever
any such land shall have been surveyed or subdivided and platted
into small tracts designated as lots or blocks or otherwise, and the
owner of any land embraced in the said survey or subdivision
shall have recognized such survey or subdivision by reference
thereto in making any conveyance of land therein, or by selling
any land therein by reference thereto, then and in that event the
land embraced in such subdivision may be described for assess-
ment purposes by referring to such subdivision whether any plat
thereof shall have been ordered or not.
(hh) The city council shall have power to authorize and require
the use of surface privies, septic tanks, and other devices for the dis-
posal of sewage where connection with sanitary sewers is deemed
by the city council to be impracticable, and to regulate and control
the location, construction, maintenance, care and use of the same,
and to compel the payment to said city of reasonable charges for its


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MIAMI BEACH CHARTER


sanitary service in connection therewith, and to make the said
charges a lien upon the houses, lands and premises served, and the
city council shall have power, where connection with sanitary
sewers is deemed by the city council to be practicable, to prohibit,
destroy and forbid the use of surface privies and cesspools and
all other devices for the disposal of sewage except sanitary sewers.
(ii) The purpose of this Act is to provide an economical method
by which local improvements may be made. It is hereby declared
that no irregularity or illegality in connection with any of the pro-
ceedings herein authorized shall in any way affect the validity of
the orders for such improvement or special assessment or bonds
or contracts, unless such irregularity or illegality shall substantially
affect the rights of said city or its inhabitants, or the owners of
property assessed for such improvement.
(jj) In case of any omission, errors or mistakes in making the
assessments, or in case of deficiencies or otherwise then, unless the
city council or the court shall have determined that the assessments
already made fully equal the amount of special benefits, a supple-
mental assessment may be made for such deficiencies, errors,
omissions or mistakes; and such supplemental assessments shall
be made in the same manner and after the same notice hereinabove
provided for the original assessments, and shall be a lien to the same
extent and be payable in the manner, draw the same rate of interest
and be subject to the same penalties, and be in force and collected
in the same manner as such original assessments.
(kk) A copy of any assessment certified as correct by the city
clerk shall be admissible in evidence and shall be prima facie evi-
dence of the amount of the assessment and the property upon which
such assessment is levied.
(11) Dade County, and any school district or other political
subdivision, wholly or partly within said city, shall possess the same
power and be subject to the same duties and liabilities in respect
to said assessments affecting their real estate that private owners
of real estate possess, or are subject to hereunder, and such real
estate of said county, school districts and political subdivision shall
be subject to liens for said assessments in all cases where the same
property would be subject had it at the time the lien attaches been
owned by a private owner.
(mm) The city council shall have the power by resolution or
ordinance to prescribe the width of every sidewalk in the city and
the material of which the same shall be constructed, and shall


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MIAMI BEACH CHARTER


have power on such notice as may be prescribed by resolution, to
require owners of property to lay, construct, or repair sidewalks
in front of their property; and shall also have the power on such
notice as may be prescribed by resolution to require owners of
property to clear the same of, and destroy weeds, undergrowth.
rubbish, debris, trash and unsightly and unsanitary matter as
many as four times during an annual period next following,
such period and such times to be stated in said resolution and
notice; to fill in unsanitary excavations or depressions, and if the
owner or owners shall not comply with any such requirements
within the time limited in the resolution, the city council may cause
such work to be done and may make the cost thereof a charge and
lien against such property respectively, of the same extent and
character as the lien herein provided for special assessments, which
charge shall be forthwith due and payable unless the time for such
payment shall be extended by the city council, with the same penal-
ties and with the same rights of collection and sale and forfeiture as
obtained for city taxes. Nothing herein contained shall prevent
the city from constructing sidewalks and providing for the pay-
ment therefore as elsewhere provided in this section.
(nn) Where laterals shall have been constructed or shall be
ordered the city council may require property owners to connect
their premises with the laterals and may provide by general or-
dinance that in case of their refusal after notice given, the said
connection shall be made by the city and that the cost thereof shall
constitute a lien upon the house, land and premises thereby af-
fected. The notice last above provided for may be by service on the
owner of the property or the agent who collects his rent, or the
occupant of said property, or in the case the said property is un-
improved by posting such notice on the property.
(oo) Nothing in this Act shall be construed to deprive the
County of Dade, or the board of county commissioners thereof,
or the board of public instruction of said county, or any political
subdivision in said County of Dade, of the jurisdiction over, or the
control, management and possession of any highway, road, park
or parkway, school property or equipment, or any other property
devoted to public uses now or hereafter held, acquired, owned or
controlled by or in the possession of either thereof, or interfere
therewith, nor shall this Act be construed to affect or control in
any manner whatsoever the conduct or determination of any
litigation now pending or hereafter instituted involving the same or


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MIAMI BEACH CHARTER


any part or portion thereof, and all the said matters and things
herein in this paragraph set forth are hereby specifically excluded
from the operation hereof.
(pp) In all cases in which assessments have heretofore been
made or shall be made for improvements authorized hereunder,
for which assessments the city shall hold liens upon abutting or
benefited property not pledged to the payment of any bonds or
other obligations, bonds of the city may be issued to the amount
of such unpaid assessments, of the character and in the manner
herein provided for bonds to pay the entire cost of improvements,
and the proceeds of such bonds shall be used in repaying to any
fund of the city amounts which shall have been paid therefrom
upon the cost of the improvement for which such assessment was
made, and in paying any sums remaining due upon such cost. If
such liens shall then be pledged to payment of any bonds or other
obligations no additional bonds shall be issued unless at or before
the issuing of same such outstanding bonds or other obligations
shall have been paid in full with the interest thereon. (Ch. 9836,
12, Sp. Acts 1923; ch. 10845, 5, Sp. Acts 1925; ch. 13101, 2, Sp.
Acts 1927; ch. 15346, 1, Sp. Acts 1931; ch. 22401, 1, Sp. Acts
1943.)
Editor's note.-This section appeared as two separate sections in the
original Charter.

Sec. 31. Tax levy to pay local improvement bonds gen-
erally; local improvement bond fund; further
provisions as to local improvements.
For the payment of the principal and interest of all bonds issued
hereunder or under earlier provisions of the Charter repealed here-
by, as they mature, the city council is hereby authorized and re-
quired to levy an annual special tax upon all taxable property
within the city over and above all taxes authorized or limited by
law or by the Charter of the city, sufficient to pay the interest and
principal of said bonds at their several dates of maturity. The
proceeds of such taxes, after the payment of accruing interest upon
the bonds, shall be paid into a fund to be denominated "local
improvement bond fund," which shall be used for no other purpose
than the payment of the principal of such bonds as they mature;
provided however, that the amount of such annual tax levy may
be reduced by the amount then contained in said local improvement


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MIAMI BEACH CHARTER


bond fund, and by the amount of assessments actually collected
and then remaining in the special assessment fund or funds ap-
plicable to said bonds as hereinabove provided.
It shall not be necessary to submit to the electors of said city
the proposition of issuing said bonds, or making of said improve-
ments, or confirming the said special assessments, or any other
manner or thing herein authorized, and all proceedings of the
city council herein authorized may be taken by resolution, any
provision of the Charter or general laws of the state to the contrary
notwithstanding.
The purpose of this section being to provide a satisfactory and
economical method by which public ways within the City of Miami
Beach may be improved, it is hereby declared that no irregularity or
illegality in connection with any of the proceedings herein author-
ized shall in any way affect the validity of the orders for such im-
provement or special assessment or bonds or contract, unless such
irregularities or illegality shall substantially affect the rights of said
city or its inhabitants, or the owners of property assessed for such
improvements.
If there be any street, electric or steam railroad track or tracks
in any highway upon which a highway improvement is to be made
hereunder, or if any franchise therefore shall have been granted,
the cost of such improvement between the rails of each track and to
the distance of eighteen inches beyond each outer rail, including
switches and turn outs, and a proportionate part of the incidental
expenses shall be apportioned and assessed against the owners of
such railroad (including such cost upon any intersection of high-
ways); such assessment shall constitute a lien upon all the fran-
chises and property of any such railroad, to the same extent as
other assessments herein provided for are constituted liens upon
abutting property; provided, however, that where any such railroad
shall operate or be about to operate under any ordinance, contract
or franchise which provides for the amount, manner and condition
of the payment of cost by such railroad, the foregoing provisions
as to such railroad shall apply only to the extent the same may not
be inconsistent with any such ordinance, contract or franchise.
The city council shall have the power to order all or any owners
of abutting real estate to connect their several premises with sewers
or drains, and with other subterranean conduits; pipes or ducts,
for the supply of gas, electric energy or water, ice, owned or oper-


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MIAMI BEACH CHARTER


ated, or about to be constructed by the City of Miami Beach in
front of their several premises; and upon default of compliance
with any such order for ten (10) days after notice of such require-
ment shall have been served upon any such owner, or published in
a newspaper published in said city, the city council may contract for,
or make such connection at such distance, under such regulations
and in accordance with such specifications may be by the city council
made a lien against the particular premises with which the con-
nection is made, of the same extent and character as the lien herein
provided for special assessments, which charge shall be forthwith
due and payable with the same penalties and with the same rights
of collection and sale and forfeiture as obtain for city taxes.
The city council shall have the power by resolution or ordinance
to prescribe the width of every sidewalk in the city, and the
material of which the same shall be constructed, and shall have
power on such notice as may be prescribed by resolution, to require
owners of property to lay, construct or repair sidewalks in front of
their property; the city council shall also have the power on such
notice as may be prescribed by resolution, to require owners of
property to clear the same of, and destroy weeds, undergrowth,
rubbish, debris, trash and unsightly and unsanitary matter; to fill
in unsanitary excavations or depressions, and if the owner or
owners, shall not comply with any such requirement within the
time limited in the resolution, the city council may cause such
work to be done, and may make the cost thereof a charge and lien
against such property respectively, of the same extent and charac-
ter as the lien herein provided for special assessments; which
charge shall be forthwith due and payable unless the time for such
payment shall be extended by the city council, with the same pen-
alties, and with the same rights of collection and sale and forfeiture
as obtain for city taxes. Nothing herein contained shall prevent the
city council from constructing sidewalks and providing for the pay-
ment therefore as elsewhere provided in this section, and it shall
be lawful to require in the resolution ordering any sidewalk im-
provement, as elsewhere provided herein, that owners of property
construct such sidewalks. If before advertisement for bids for con-
struction, such sidewalk shall be constructed in front of any prop-
erty, or a satisfactory guarantee given to the city council that it
will be constructed, it may amend said sidewalk improvement res-
olution by omitting therefrom the order for the construction of
such sidewalk so constructed or guaranteed to be constructed, and


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MIAMI BEACH CHARTER


the property in front of which the same lies shall not be included
within the sidewalk improvement district.
In all cases in which improvements have been ordered by the city
council under the provisions of sections of the city charter repealed
hereby, such improvements may be continued under this section,
the provisions of which shall apply to the advertisement and letting
of the contract, the making of assessments, the signing of waivers,
the issuance of bonds, and all other details herein, save insofar as
any of said steps shall heretofore have been taken.
In all cases in which assessments have heretofore been made or
shall be made for improvements authorized hereunder, for which
assessments the city shall hold liens upon abutting or benefited
property not pledged to the payment of any bonds or other obliga-
tions, bonds of the city may be issued to the amount of such unpaid
assessments, of the character and in the manner herein provided
for bonds to pay the entire cost of improvements, and the proceeds
of such bonds shall be used in repaying to any fund of the city
amounts which shall have been paid therefrom upon the cost of
the improvement for which such assessment was made, and in
paying any sums remaining due upon such cost. If such liens shall
then be pledged to the payment of any bonds or other obligations,
no additional bonds shall be issued unless at or before the issuing
of same such outstanding bonds or other obligations shall have been
paid in full, with the interest thereon.
In all cases in which improvements have heretofore been ordered,
and contracts for the construction thereof have been let, it shall
be lawful for the city to enter into a new contract with the con-
tractor providing for the payment of the cost of improvement as
provided in this section; but no such new contract shall be made
unless the amount to be paid the contractor for his work shall be
thereby'reduced to an amount equal to at least five per cent (5%)'
of the original contract price.

Sec. 32. Drawing warrants to pay city's indebtedness.
No officer of the City of Miami Beach shall draw a warrant for
any indebtedness of the City of Miami Beach on any city deposi-
tory unless the money to meet said warrant is actually on deposit
to the credit of the city in such depository.


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MIAMI BEACH CHARTER


Sec. 33. Indebtedness in excess of annual appropriation.
It shall be unlawful for the City of Miami Beach, in any one
year, to incur any indebtedness in excess of the appropriation for
said year, except as provided in this Charter.

Sec. 34. Designation of city depository; all funds to be
deposited by city clerk; method of making de-
posits and distribution of deposit receipts; de-
positories to be bonded.
The city council may designate by ordinance or resolution, one
or more bank or banks or trust company, whether state or national,
doing business in the City of Miami or in the City of Miami Beach,
as the depository or depositories of the city funds. The city clerk
and collector shall pay over to the said depository or depositories
under direction of the city council, all funds coming into his hands
or collected by him on behalf of said city, whether from taxes, liens,
fines or forfeitures, sales of property or otherwise, and at the time
of making each deposit, shall present to the said depository an
abstract showing the amount to be credited to each of the city
funds; as each payment or deposit is made, as aforesaid, the de-
pository shall make and execute receipts for the amount of such
deposits in triplicate, showing the amount credited by it to each
of the city funds, one of such receipts to be retained by the deposi-
tory, one to be delivered to the city clerk and collector, and the
other to be delivered to the city auditor or comptroller.
Each designated depository of city funds shall give bond or
other security to be approved by the city council, conditioned upon
the safekeeping of the city funds and the faithful performance
of its duties as city depository.

Sec. 35. Revenue bonds or notes generally; refunding
bonds.
The City of Miami Beach, by ordinance or resolution of its
city council, may issue from time to time revenue bonds or notes
of the city, bearing interest at not more than six per centum per
annum, and maturing not more than one year from their date, for
the purpose of providing funds in anticipation of taxes there-
tofore levied, and may issue refunding bonds or notes with like
limitations upon interest and maturity, when necessary to provide
for the payment of any such revenue notes or bonds at their


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maturity; the aggregate amount of such notes or bonds at any time
outstanding shall not exceed seventy-five per centum of that sum
which remains after subtracting from the amount of all uncollected
taxes levied in the two preceding fiscal years the amount of all
bonds, notes, warrants or other city obligations then outstanding
which have no fixed maturity, or which by their terms mature
within one year from the date of their respective issuance; such
notes or bonds shall be sold by the city council and upon such terms
as it may elect, but shall not be sold at less than par value except
by a vote of at least five-sevenths of the members elect of the city
council, and then at a price not less than $99 on the $100; the pro-
ceeds of said revenue bonds or notes shall be paid into the treasury
of the municipality, to the credit of any one or more of the funds
for which said uncollected taxes were levied, in such amount and
to such fund or funds as may be specified in such resolution or
ordinance, but the city council shall not appropriate any greater
amount of such proceeds into any one fund than can be repaid
therefrom to meet the payment of such bonds or notes at their
maturity; provided, however, that the purchaser and holder of such
bonds or notes shall not be required to see to such application of
such proceeds; the proceeds of such refunding bonds or notes
shall be applied solely to the payment of the revenue bonds or notes
for whose retirement they shall be issued; for the payment of said
bonds and notes and the interest thereon, at such place or places
in Florida or elsewhere as may be designated by the city council,
the city council is hereby authorized to levy sufficient taxes upon
all the taxable property within the City of Miami Beach over
and above all other taxes authorized or limited by law and the said
notes or bonds shall be the absolute, direct and general obligations
of the City of Miami Beach; if any such notes or bonds shall for
any reason not be paid at their maturity, or if refunding bonds or
notes are issued hereunder, it shall be the duty of the city council
at the time of the next annual tax levy to include therein a levy
upon all taxable property within the city sufficient to meet the
principal and interest thereof at maturity.
It shall be the duty of the city council, after the issuance of any
such bonds or notes, to reserve from taxes theretofore levied a sum
sufficient to meet the payment of such notes or bonds at maturity.
It shall not be necessary to submit any such bond or note issue to
a vote of any electors, and any ordinance or resolution authorizing
such bonds or notes may be in force and effect from and after its


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MIAMI BEACH CHARTER


passage and approval, if so declared in the ordinance or resolution.
Such ordinance or resolution may authorize the finance committee-
man to sell the bonds or notes by it authorized at one time or from
time to time, in his discretion and as he deems for the best interest
of the city; but in any such general authority the maximum amount
of notes or bonds to be issued shall be specified, as well as the
maximum rate of interest and the minimum price for which they
may be sold.

Sec. 36. Bond issue to pay outstanding indebtedness at
time of bond issue; bond issue to buy park prop-
erty.
The City of Miami Beach, by ordinance or resolution of the
city council, shall have power to issue bonds of the city under
this section to an amount not exceeding ten thousand ($10,000)
dollars for the purpose of paying any outstanding indebtedness of
the city at the issuance of said bonds. o
The City of Miami Beach shall have full power and lawful au-
thority to issue bonds under this section in an amount not ex-
ceeding fifteen per cent (15%) of the assessed value of the real
and personal property within its corporate limits for the purpose
of paying for all park property already purchased by it and held
under purchase agreements.

Sec. 37. Further bond issues.
The City of Miami Beach, in addition to all bonds or notes
hereinbefore mentioned, shall have power by ordinance or resolu-
tion: (a) To issue bonds for the purpose of building bulkheads,
seawalls, groynes or jetties, or board or other walks, in an amount
not exceeding 10% of the assessed value of real and personal prop-
erty within said city. (b) To issue bonds in an amount not ex-
ceeding 10% of the assessed value of real and personal property
within its limits for the purposes of purchasing public building
sites, sites for golf courses, the erection of public buildings, club
or other houses, the purchase of land for public parks or the develop-
ment and improvement of any of the same. (c) To issue bonds for
the purpose of paving its streets, laying sewers, building sidewalks
or bridges, in an amount not exceeding 10% of the assessed value
of real and personal property within said city. (d) To issue bonds
for the purpose of purchasing, developing, extending and/or main-
taining a waterworks' system within, without, or within and without


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MIAMI BEACH CHARTER


the corporate limits in an amount not exceeding 10% of the as-
sessed value of all real and personal property within its corporate
limits. (e) To issue bonds for the purposes of constructing, pur-
chasing, developing, extending and/or maintaining an electric light-
ing, and/or electrical generating plant, and/or equipment and sys-
tem, either within, without, or within and without its corporate
limits in an amount not exceeding 10% of the assessed value of all
real and personal property within its corporate limits. (f) To issue
bonds for any municipal purpose not hereinbefore specifically desig-
nated in an amount not exceeding 10% of the assessed value of all
real and personal property within its corporate limits. (g) To issue
bonds for general municipal purposes when money is needed on ac-
count or as a result of any great catastrophe in an amount not ex-
ceeding 10% of the assessed value of all real and personal property
within its corporate limits.
Provided, however, that no bonds of the City of Miami Beach
shall be issued or sold by said city when the total bonded indebt-
edness shall exceed fifteen per cent (15%) of the total assessed
value of all real and personal property within its corporate limits.
Provided, also, that no bonds shall be issued under section 37
of this Enactment until after the same shall have been approved by
a majority of the votes cast in an election in which a majority of
the freeholders, who are qualified electors residing in the said
City of Miami Beach shall participate in conformity with the pro-
visions of Section 6 of Article 9 of the Constitution of the State of
Florida; and all such bonds shall be otherwise issued pursuant to
the provisions of sections 29 and 30 of this Enactment, and the
same shall be paid by the levy and assessment of taxes as is provided
for the payment of bonds referred to in said sections 29 and 30 of this
Enactment. Provided, however, that the proceeds of such bonds
and taxes shall be placed in such accounts or funds as said city
council shall see fit. (Ch. 9836, 13, Sp. Acts 1923; Ch. 13101,
3, Sp. Acts 1927; Ch. 15346, 2, Sp. Acts 1931.)

Sec. 38. Further provisions concerning tax levy to pay for
bond issues.
The city council shall, in each year while any issue of bonds
shall be outstanding, levy and collect a general tax upon all the
taxable property within the city sufficient to pay the current in-
terest thereupon and sufficient to provide for the payment of the
principal thereof at maturity; provided, however, that if at the
time of any such tax levy the city shall have received and shall


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MIAMI BEACH CHARTER


have moneys from any source applicable to the payment of such
principal and interest, and for which payment such moneys shall
have been pledged by the city council, such annual tax levy may
be reduced in like sum.

Sec. 381/. Automobile parking facilities.
(a) The term "automobile parking facilities" or "facilities", as
used in this Act, shall be construed to mean any lot or lots, buildings
and structures, above, at or below the surface of the street or earth,
either on the street or off the street, or both, including parking
meters, equipment, entrances, exits, fencing and all other ac-
cessories necessary or desirable fbr the regulation, control and the
parking of vehicles, either on the street or off the street.
(b) The City of Miami Beach is authorized to acquire by pur-
chase, construction, short or long term lease, condemnation, gift, or
any combination thereof, and to equip, improve, operate and main-
tain automobile parking facilities as defined in this section, or any
combination of such facilities, and to prescribe and enforce rates,
charges, fees and tolls for the use of such facilities. Such facilities
at any one location may be operated independently or in combina-
tion with those at one or more other locations. Where the city
determines to acquire any property hereunder through the exer-
cise of its right of condemnation, the condemnation proceedings
may be instituted and conducted under the provisions of any law
available to the city for the condemnation of property for other
municipal purposes.
(c) To provide for the acquisition, improvement or equipment
of such automobile parking facilities, the city council is authorized
to issue revenue bonds of the city in the manner hereinafter in
this section provided, secured by pledge of and payable from the
revenues of one or more, or any combination of such automobile
parking facilities, including, without limitation of the generality of
the term, revenues from the operation and services rendered by
any parking lot or lots, buildings or structures, and also, within the
discretion of the city council, from the proceeds of rates and charges
levied for street parking, through parking meters or otherwise.
Regardless of source of payment, such bonds shall be fully ne-
gotiable for all purposes.
(d) Bonds issued hereunder shall be authorized by resolution
of the city council and shall be secured by pledge of and payable
from the net revenues of any one or more, or any combination of,
such automobile parking facilities.
MB-5 Ac


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MIAMI BEACH CHARTER


(e) Such bonds shall not constitute an indebtedness or pledge
of the general credit of the city within the meaning of any con-
stitutional or statutory provision relating to the incurring of in-
debtedness, and shall contain a recital to that effect. Such bonds
shall be in coupon form but may be made registerable as to principal
if so provided in the resolution authorizing the issuance thereof.
The bonds shall be in the denomination of $1,000, shall bear in-
terest at a coupon rate not exceeding six per cent (6%) per
annum, shall mature serially or otherwise in such manner as may
be provided by the city council, but not later than forty years from
their date, shall be made payable at such place or places within or
without the State of Florida as may be provided by the city council,
and in the discretion of the city council may be made redeemable
at the option of the city prior to maturity at such premium or
premiums not greater than ten per cent of the principal amount
thereof as the city council may determine. The bonds shall be
signed by the mayor and attested by the clerk of the city under
the official seal of the city, in such manner as may be provided in
the resolution authorizing their issuance. Interest coupons to be
attached thereto may be executed with the facsimile signatures
of such officers, and in the event that any officer whose signature
appears on such bonds or coupons shall cease to be such officer be-
fore the delivery of the bonds to the purchaser, such signature shall
nevertheless be valid and sufficient for all purposes. The bonds
shall be sold in such manner and at such times as the city council
may determine, except that in no event shall the bonds be sold at a
price of less than par or bear an interest rate of greater than six
per cent (6%) per annum.
(f) Any bonds issued hereunder shall be payable from and se-
cured by the pledge of the revenues derived from the operation of
the automobile parking facilities designated in the authorizing
resolution, subject only to the prior payment of the reasonable and
necessary expenses of operating and maintaining such automobile
parking facilities. Any holder of the said bonds or of any of the
coupons thereto attached may either at law or in equity, by suit, ac-
tion, mandamus, or other proceeding, enforce and compel perform-
ance of all duties required to be performed by the city council and
officials of the city by the provisions of this Act and the proceedings
authorizing the issuance of such bonds.
If more than one series of bonds shall be issued hereunder payable
from the revenues of any automobile parking facilities, priority of
lien on such revenues shall depend on the time of the delivery of


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MIAMI iBEACII CHARTER


such bonds, each series enjoying a lien prior and superior to that
enjoyed by any series of bonds subsequently delivered; provided,
however, that as to any issue or series of bonds which may be au-
thorized as a unit but delivered from time to time in blocks, the
city council may in the proceedings authorizing the issuance of
said bonds provide that all of the bonds of such series or issue shall
be coequal as to lien regardless of the time of delivery, and pro-
vided further, that the city council may in such proceedings provide
for the issuance of additional bonds on a parity in the future un-
der the conditions therein specified.
(g) Any resolution authorizing the issuance of bonds hereunder
shall provide for the creation of a sinking fund into which shall be
paid from the revenues of the automobile parking facilities, sub-
ject only to prior payment of the reasonable and necessary ex-
penses of operating and maintaining the automobile parking facili-
ties, sums fully sufficient to pay principal of and interest on such
bonds, and to create such reserve for contingencies as may be pro-
vided in such resolution. The moneys in the sinking fund shall be
applied to the payment of interest on and principal of the bonds or
to the purchase or retirement of the bonds prior to maturity in
such manner as may be provided in said resolution.
The resolution authorizing the issuance of bonds hereunder may
contain such covenants with the future holder or holders of the
bonds as to the management and operation of the automobile park-
ing facilities, the imposition and collection of rates, charges, fees and
tolls for the use of such facilities, the disposition of such revenues,
the issuance of future bonds and the creation of future liens and
encumbrances against said automobile parking facilities and the
revenues thereof, the carrying of insurance on the properties con-
stituting such automobile parking facilities, the disposition of the
proceeds of any such insurance and other pertinent matters, as may
be deemed necessary by the city council to assure the marketability of
said bonds, provided such covenants are not inconsistent with the
provisions of this section.
(h) When bonds shall have been issued hereunder and the rev-
enues of the designated automobile parking facilities shall have
been pledged thereto, the city shall impose rates, charges, fees and
tolls for the use of the facilities so designated in amounts and rates
which will be fully sufficient at all times to pay the expenses of
operating and maintaining such facilities, to provide a sinking fund
sufficient to assure the prompt payment of principal of and interest
on the bonds as each falls due, provide such reasonable fund for


s 38 Y


38%









MIAMI BEACII CHARTER


contingencies as may be required by the resolution authorizing
the bonds and provide an adequate depreciation fund for such re-
pairs to the automobile parking facilities as may be necessary to
assure adequate and efficient service to the public. No board or
commission other than the city council of the city shall have au-
thority to fix or supervise the making of such fees and charges.
(i) The city council may authorize the issuance of bonds for the
purpose of refunding any bonds theretofore issued hereunder. Such
refunding bonds may either be sold and the proceeds applied to or
deposited in escrow for the retirement of the outstanding bonds, or
may be delivered in exchange for the outstanding bonds. The re-
funding bonds shall be authorized in all respects as original bonds
are herein required to be authorized, and the city council in au-
thorizing the refunding bonds shall provide for the security of such
bonds and the sources from which such bonds are to be paid and
for the rights of the holders thereof in all respects as herein au-
thorized to be provided for other bonds issued under authority of
this section. The city council may also provide that the refunding
bonds shall have the same priority of lien on the revenues pledged
for their payment as was enjoyed by the bonds refunded.
(j) Subject to such limitations as may be placed in the resolu-
tion authorizing the bonds, the city shall have power to lease all
or any part of such automobile parking facilities and to fix and
collect rentals therefore, and to make contracts for the operation and
management of the same, and to provide for the use, management
and operation of such facilities or any part thereof through lease
or by its own employees or otherwise. Any lease or agreement
made hereunder may run for any period of years determined by
the city council and all income and revenues derived from any
such lease or agreement shall be regarded as one of the revenues of
the operation of the facilities and shall be subject to pledge and ap-
plication in the same manner as are the other revenues thereof. In
so far as any such lease or agreement may involve the expenditure
of money by the city such expenditure shall be made solely from
the revenues derived from the operation of the automobile parking
facilities and shall be regarded as one of the expenses of maintaining
and operating such facilities. Nothing herein shall be construed to
authorize the city to engage in the sale of motor fuels or lubricants,
automobile accessories, or automobile repair service, nor to authorize
the city to engage in the sale of any commodity of trade or commerce
in connection with such facilities, but any lease or agreement pursuant
to which any part of such facilities is leased for private operation may


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MIAMI BEACII CARTER


provide that the rentals to be paid thereunder shall be based on a
fixed percentage or percentages of either the gross or net income
derived by the lessee from the sale of any of the above-mentioned
accessories, fuels, commodities and service, nor shall anything in
this Act be construed to authorize the city to engage in any pro-
prietary activity which would be contrary to the restrictions con-
tained in the Constitution of the United States of America or the
State of Florida.
(k) The city shall not be required to pay taxes or assessments
upon any automobile parking facilities owned or operated by it,
and all such properties are declared to be tax exempt.
(1) The city council of the city is hereby granted authority to
make all reasonable rules and regulations not in conflict with the
laws of this state for the management, control and use of any such
automobile parking facilities.
(m) The city council of the city may provide in the resolution
authorizing bonds hereunder that such resolution shall be published
one time in a newspaper published in the city. For a period of
thirty days following such publication any person in interest shall
have the right to institute litigation questioning the proceedings
for such bonds or the legality of such bonds or the sources or rev-
enue from which such bonds are payable. After the expiration of
such period of thirty days such bonds and the proceedings therefore
and the revenues pledged to the payment thereof shall be incon-
testable except for violation of the Florida Constitution, and no
court in the State of Florida shall have authority to inquire into
such matters, except to determine whether such bonds have been
issued and secured in such manner as to violate said Constitution.
(n) The provisions of this section shall be construed as
cumulative authority for the authorization of the powers herein
granted. The powers conferred by this section shall not be affected
or limited by any other provision of this Charter or by any other
statute of the state, and no publication, notice, election or right to
referendum shall be required or afforded in the performance of
any act herein authorized to be done, except as in this section
otherwise specifically provided.
(o) If any one or more paragraphs, clauses or provisions of this
section shall ever be held by any court of competent jurisdiction to
be unconstitutional or ineffective for any reason, the remainder of
this section shall not be affected by such holding but shall remain
in full force and effect. (Ch. 26029, 1, Sp. Acts 1949.)


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MIAMI BEACH CHARTER


Sec. 39. Qualified city electors.
Any person who shall possess the qualifications requisite to
an elector at general state elections, and shall have resided in the
city six (6) months next preceding the election, and shall have
been registered in the municipal registration books that shall be
prescribed by ordinance, shall be a qualified elector of the city; and
all elections held in said City of Miami Beach shall be conducted
and held in accordance with the provisions of the election law of the
State of Florida, but the city council shall be substituted for the
board of county commissioners.

Sec. 40. Elections for city officers; general and special
elections; polling places.
There shall be held in the City of Miami Beach on the first
Tuesday in June, A. D. 1949, and biennially thereafter, an elec-
tion, at which said election all elective officers of the City of Miami
Beach shall be elected, and the city council shall, by ordinance,
prescribe the manner of holding both general and special elections
not inconsistent with the provisions hereof, and shall, by ordinance
or resolution, provide for registration for said elections, and said
city council shall also, by ordinance or resolution, prescribe polling
places in the various voting precincts of the city. (Ch. 9836,
14, Sp. Acts 1923; ch. 17602, 4, Sp. Acts 1935; ch. 17605, 4,
Sp. Acts 1935; ch. 26025, 2, Sp. Acts 1949.)

Sec. 41. Assessment of property for taxation; board of
equalization.

All of the property within the city taxable for state and county
purposes, shall be assessed and listed for the purpose of taxation
on the city assessment roll and the city assessor shall proceed
substantially in the same manner as is provided by law for the as-
sessment of real and personal property for the purposes of state
and county taxation; and railway and railroad companies, including
street railways, shall be subject to assessment and taxation on all
real estate and personal property owned by them within the limits
of the corporation, in the same manner and at the same ratio and
valuation as other property, save and excepting the roadbed and
rolling stock of said railroad which shall be assessed by the state
comptroller, as provided by law; provided the City of Miami Beach
may make its own assessment of property for taxation, and the


39


41









MIAMI BEACH CHARTER


valuation of the property by the municipality shall not be controlled
by the valuation fixed by the state tax assessor for state and county
taxation, but may exceed the same; and provided further, the
city council shall act as a board of equalization for the purpose of
equalizing the valuations instead of the board of county com-
missioners.

Sec. 42. Collection of taxes.

The city collector shall proceed with the collection of the city
taxes substantially in the same manner as provided by law for the
collection of taxes and sale of property for the nonpayment of
taxes by state tax collectors. He shall give all notice required by
law, and sell the real property of delinquents in the manner pro-
vided by law, and give to the purchaser a certificate substantially in
the form provided by law for state and county collectors and shall
prepare in triplicate a report of tax sales of real property for each
year, one of which he shall retain, one shall be filed in the office of
the clerk of the circuit court for the County of Dade for record, and
the other delivered to the city auditor or comptroller. At all sales
of land for unpaid city taxes, in the absence of purchasers there-
for, the lands shall be bid in by the city collector for the city,
and certificate issued accordingly. The city collector shall proceed
with the collection of the taxes on personal property, likewise sub-
stantially in the same manner as provided by law for state and
county tax collectors.

Sec. 43. Maximum tax rate; exceptions; general fund.

(a) 'The City of Miami Beach shall have the right to raise by
taxation such amount as may be necessary for the carrying on
of the government of said city, not exceeding fifteen mills on the
dollar of the taxable cash value of all property in said city, both
real and personal, and in addition thereto shall have the right to levy
such additional taxes as may be necessary to pay the interest on
the outstanding bonds of said city, and such additional bonds as
said city may, from time to time, issue in accordance with the
law; and also to provide a sinking fund for the redemption of said
bonds, when the same mature, and shall have the right to levy such
additional taxes as may be necessary to pay for the lighting of said
city and hydrant rental, for the operating of such waterworks, ice
plants, gas plants and electric lighting plants, as the city may con-


42


43









MIAMI BEACH CHARTER


struct or acquire, and to provide funds for the support and mainte-
nance of the different city departments as follows: Police, Fire,
Sanitation, Cemetery, Parks and Docks, repairs and internal im-
provements and hospitals, also to provide a publicity fund not to
exceed one mill on the dollar. Provided, that money from the
general fund may be transferred to any departments by a majority
vote of the city council, but money in the several department funds
aforesaid, shall in no case be transferred to the general fund; and,
provided further, in case a levy shall not be made for the expenses
of any one or more of the city departments, such expenses shall
be paid from the general fund.
(b) It shall be the duty of the city council at their next meeting
after having been notified of the amount of the sum total of the
taxable property in the City of Miami Beach, to ascertain the
amount of money needed for each department, which said estimate
shall be submitted to the city manager of the city, and it shall be
his duty to examine said estimate and make such recommendations
as he may deem proper to the city council. The city manager shall
return said estimate to the city council and the city council shall
have the right by a majority vote to change any item in the estimate
in accordance with the recommendations of the city manager or in
accordance with its own views as it may deem proper. The city
council shall then make a levy in accordance with the completed
estimate and no part of the money raised by taxation shall be
diverted from the object for which it was raised except with the
consent of a majority of the city council.
(c) Notwithstanding the foregoing provision for a publicity
fund not to exceed one mill on the dollar of the taxable cash values
of all property in said city both real and personal, the city council
shall have authority to levy for publicity and advertising purposes
one additional mill on the dollar; provided, however, such addi-
tional levy shall have first been approved by a majority of the
freeholders of said city who vote at a special election to be held for
said purpose every two years, the first of said elections to be held
prior to the fixing of the annual tax levy for the fiscal year com-
mencing November 1, 1933. (Ch. 16564, 1, Sp. Acts 1933; ch.
17603, 1, Sp. Acts 1935; ch. 17609, 1, Sp. Acts 1935.)

Sec. 44. Validity of assessments for 1917 and before;
erroneous assessments.
Nothing in this Act contained shall invalidate or make void any


44


44











proceeding had or taken for the assessment for the year 1917, but
the said assessment for the year 1917 shall be completed as far as
practicable in accordance with the provisions of this Charter; and
the city council shall have power, by ordinance, from time to time,
or provide for the correction and validation of erroneous assess-
ments or of defective assessments, but it shall not have the power
to raise or lower any assessments of property, real or personal, nor
consider any petition therefore, except in the case of error, and no
assessment heretofore made or hereafter to be made shall be deemed
invalid by reason of any mistake, omission, defect or irregularity or
failure to comply strictly with the terms of this Act, or by reason of
any failure to describe the owner; and the assessments and levies of
taxes as made and entered upon the several assessment rolls of the
said City of Miami Beach for the years 1915 and 1916 severally, are
hereby legalized and confirmed; provided, always, that the assess-
ment roll describes the property assessed with sufficient certainty
to render it capable of identification and indicates the assessed value
thereof and the taxes due thereon.

Sec. 45. Suits against the city for injuries; settlement of
claims by council.
No suit shall be maintained against the city for damages arising
out of failure to keep in proper condition any sidewalk, pavement,
viaduct, bridge, street or other public place, or for any tort, unless
it shall be made to appear that the damage alleged is attributable to
negligence of the city, and that written notice of such damage was,
within thirty (30) days after receiving of the injury alleged given
to the city attorney with such reasonable specifications as to time
and place and witnesses as would enable the city officials to investi-
gate the matter; and no verdict shall in any suit be given for an
amount exceeding compensative damages to the plaintiff directly at-
tributable to such negligence on the part of the city, and contributory
negligence on the part of the plaintiff shall defeat all recovery against
the city. It shall be the duty of the city attorney, upon receiving any
such notice, to at once investigate the matter and lay the facts, sup-
ported by the evidence, before the city council in a written report,
and the city council shall have the right, and upon the written re-
quest of the person injured, it shall be the duty of the city council
to investigate the matter, and it may, by resolution, make such
reasonable settlement of damages as may be agreed upon between the
city council and the person so damaged.


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MIAMI BEACH CHARTER









MIAMI BEACH CHARTER


Sec. 46. Existing rights not affected by passage of
Charter; conflicting laws repealed; existing
ordinances remain effective until repealed.
Nothing in this Act shall invalidate or make void any act done
by the city council, or any of the officers of said city, or any con-
tract entered into by them, or any of them, or any suit pending
begun prior to the passage of this Act, but the same shall remain
in full force and effect, and all laws and parts of laws inconsistent
with the provisions of this Act, be and the same are hereby re-
pealed; but repeal shall not have the effect to nullify or make void
any contracts heretofore entered into by the city council of the City
of Miami Beach, and all ordinances of the City of Miami Beach
now in existence and not inconsistent with the provisions of this
Act shall remain in full force and effect until altered, modified, or
repealed, according to the provisions hereof.

Sec. 47. Authority of council to pass ordinances.
The city council of Miami Beach shall have the power from time
to time to pass all such ordinances not inconsistent with this Act
as may be necessary to carry out and enforce the provisions of this
Act.

Sec. 48. Authority of city to establish, maintain, etc.,
municipal water, gas, ice and electricity plants;
further powers as to furnishing water.
The City of Miami Beach be and it is hereby fully authorized
and empowered as fully and completely as a natural or artificial
person might or shall be, to establish, construct, build, purchase and
maintain and operate a municipal plant or plants for the supplying
and distribution of water, gas, ice or electricity within or without its
limits, for the municipal use and for the use of such persons as may
require and pay for the same, within or without said city and to
purchase any railway system and for such purpose or any of the
same, may issue, sell and dispose of such bonds as said city council
may deem necessary or expedient for such purpose or purposes;
provided, that a majority of the electors of said city, owning and
paying taxes on real or personal property, and qualified to vote
and voting, shall at a special election called by the city council for
that purpose, vote in favor of the establishment, construction, build-
ing, purchase and maintenance and operation of such municipal


46


48









MIAMI BEACH CHARTER


plant or plants or system, and the sale of such bonds; and provided,
that whenever the city council deems it expedient to submit to
said electors the question of the establishment, construction, build-
ing, purchase and maintenance and operation of such municipal
plant or plants or system, and the sale of such bonds, the city council
shall, by resolution, cause to be made and furnished to it, within
sixty days from the passage of such determination, an itemized
estimate of the cost of such plant or system, whether to be con-
structed, built or purchased, and upon receipt of such estimate or
estimates, the city council may call an election, which, call shall
contain the estimate of the approximate cost of such plant or plants
and the amount of bonds deemed expedient to be issued for such
construction or purchase, and at such election may submit to said
electors the questions whether such municipal plant or plants or sys-
tem, shall be established, constructed, built, or purchased and main-
tained and operated, and whether bonds for such purpose or pur-
poses, not exceeding such estimate, shall be issued. The city council
may submit at one or at separate elections the question of the con-
struction or purchase of such plant or plants or system as aforesaid,
and the question of the issuance of bonds as aforesaid. And the city
council may call said election or elections, by ordinance or resolu-
tion, and shall therein provide for the giving of a notice of such
election by publication once each week for four consecutive weeks,
and if, upon the holding of said election, it shall be found that a
majority of said electors have voted in favor of any one or more
of such questions submitted to them, then the said city council shall
be authorized to proceed with the issuance, sale and disposition
of said bonds, which shall be issued in the same manner and under
the same regulations as is provided for the issuance and sale of
bonds elsewhere in this Charter, and shall be authorized to pro-
ceed with the construction or purchase of such plant or plants as
are authorized to be constructed or purchased. The city council
shall have the sole power of the appointment and hire of all opera-
tives, employees, officers and agents necessary to construct or oper-
ate any such municipal plant or plants or system and may remove
such hired persons at pleasure, and the city council shall have full
authority to pass such ordinance and resolutions as are necessary or
expedient to carry into effect all of the provisions of this section.
Nothing herein contained shall prohibit the purchase of any such
plant or plants upon such terms as to payment of the cost thereof
as to the city council shall deem best.
Said city, the better to enable it to supply its inhabitants with


48


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MIAMI BEACH CHARTER


water for fire protection and for consumption, may purchase water
from persons, corporations or municipalities, within or without the
limits of the city, and may lay pipe, and build causeways for the
laying of pipes across submerged land or waterways and may dis-
till, bottle and sell water in any quantity; may make, regulate and
establish public wells, pumps, cisterns, hydrants and reservoirs in
the streets or elsewhere in said city, or beyond the limits thereof,
for the extinguishing of fires and for supplying its inhabitants with
water, and to prevent the unnecessary waste of water or any injury
to said waterworks; and may pass ordinances for the condemnation
of property for the purpose of establishing, enlarging or maintain-
ing a system of waterworks, whether within or without the limits of
said city, conforming the mode and manner of the condemnation to
the rules now prescribed for cities and towns by the general laws
of the state for the condemnation of property, for the construction
of waterworks and causeway systems, and shall have power to adopt
rules and regulations for the management of the waterworks and
sewerage systems of said city; to establish a schedule of water
and sewerage rates and tolls; and to prescribe the mode and manner
of construction of surface pipes, alley laterals and house connections
with water mains and sewer pipes. (Ch. 9836, 15, Sp. Acts
1923.)

Sec. 49. Fees.
All fees permitted by this Charter or created by any existing
ordinance, or which may be hereafter created by ordinance, shall
be collected by the proper officer and deposited in like manner as
other city funds; provided, that nothing herein contained shall
prevent the payment of the attorney fees provided by this Act for
the enforcement of street and other improvement liens, which said
fee shall be paid to the attorney employed to enforce said lien, who
shall be entitled to retain the same.

Sec. 50. Further provision repealing conflicting laws.
That all laws and parts of laws in conflict with this Act be, and
the same are hereby repealed.

Sec. 51. Alteration and amendment of Charter.

This Charter may be altered or amended at any time in accord-


49


51








52


MIAMI BEACH CHARTER


52


ance with Chapter 6940 of the Laws of Florida as passed and en-
acted in 1915.

Sec. 52. Effective date of Charter.
This Act shall take effect immediately upon its passage and ap-
proval by the Governor, or upon its becoming a law without such
approval.
Approved May 25, 1917.








0


0












Division II

RELATED LAWS
Editor's note.-The Related Laws consist of Special Laws relating to
the city in addition to the Charter. With the exception of Article II
herein, each law is carried as an article in this division, with unofficial
section numbers. The official citation for each section is given in
parentheses following the section.
The catchlines, appearing in boldface type at the beginning of each
section, are, in most instances, unofficial.

Article I. General Powers.
1. Adoption and enforcement of ordinances; maximum penalties.
2. Repeal of conflicting laws.
Article II. Exemption from Certain State Laws.
3. Committee substitute for Senate Bill No. 160.
4. An Act for readjusting, refunding and liquidating the indebtedness
of financially embarrassed political subdivisions, etc.
5. An Act concerning taxation.

Article III. Low-Cost Housing.
6. Official citation.
7. Definitions.
8. Application for construction-Rules for submitting.
9. Same-Contents.
10. Same-Referral to board or committee; consideration by council;
contract between city and applicant; bond of applicant.
11. Acquisition of land by city.
12. Commencement of project.
13. Maximum rental schedule generally; allowable return on invest-
ment of applicant; net annual return; disposition of funds re-
ceived by city.
14. Use and disposition of contingency reserve fund.
15. Revision of maximum rental schedule.
16. Exemption from taxation.
17. Applicant to keep books and records; audit by city.
18. Ownership of buildings and land generally.
19. Right of applicant to sell, etc.; rights of purchaser.
20. Federal and state aid.
21. Authority of city to make improvements, etc.
22. When city becomes owner of buildings.
23. Property of public utilities.

Article IV. Construction of Public Buildings.
24. Authority to construct hospital, library, etc.










MIAMI BEACi RELATED LAWS


Article V. Reduction of Corporate Limits.
25. Exclusion of certain lands from corporate limits.
26. Jurisdiction over lands described in preceding section.
27. Repeal of conflicting laws.
Article VI. Zoning Enabling Act.
28. Authority generally of city council.
29. Division of city into districts; restrictions within districts; regu-
lations to be uniform within each district.
30. Regulations based on comprehensive plan; considerations in mak-
ing regulations.
31. Determination of establishment, enforcement and change of regu-
lations; public hearings on proposed regulations.
32. Method of amending, etc., regulations, etc.
33. Zoning commission.
34. Appointment and composition of board of adjustment; appeals.
35. Enforcement of provisions of Act, ordinances, etc.
36. Effectiveness of various statutes, etc.
S37. Effect of Charter provisions.
38. Constitutionality.
39. Election on acceptance of Act.

Article VII. Public Library.
40. Authority to acquire, maintain and operate.
41. Board of trustees.
42. Personnel subject to provisions of article XIV hereof.
43. Repeal of conflicting laws.

Article VIII. Racial and Religious Discrimination.
44. Authority to regulate or prohibit; definition of "public accom-
modation", etc.
45. Penalty for violation of ordinances; evidence of violation.
46. Repeal of conflicting laws.

Article IX. Street Closings.
47. Ratification, etc., of ordinances and resolutions.
48. Limitation of actions-Suit to be brought within three months
from effective date of Act.
49. Same-Suit to be brought within six months from effective date
of Act.
50. Application of Act to present litigation.
51. Repeal of conflicting laws.

Article X. Tax Sales.
52. Authority of city to purchase lands.
53. Repeal of conflicting laws.










MIAMI BEACH RELATED LAWS


Article XI. Exchange of Lands Between County Board
of Public Instruction and City.
54. Ratification and confirmation; description; consideration.
55. Repeal of conflicting laws.

Article XII. Intoxicating Liquors.
56. Authority of city to limit the issuance of vendors' licenses.
57. Places exempt from provisions of ordinance passed by virtue of
Act; definition of "service bar".
58. Renewal of licenses issued on or before May 1, 1949.
59. Application to beer and wine licenses.
60. Act does not restrict or limit rights of city to regulate liquor
business.
61. Effect of state statutes.
62. Repeal of conflicting laws.
63. Separability.

Article XIII. Municipal Projects.
64. Enumeration of projects; definitions.
65. Powers generally of city.
66. "Initial resolution" before bond issuance.
67. Bond election not required.
68. Bond election required.
69. "Tax resolution" before delivery of bonds; tax levy.
70. Form, contents, etc., of bonds; interim certificates.
71. Rates, fees or charges for services, etc., of projects.
72. Rights generally of bondholders.
73. Right of bondholders to compel taxation.
74. Limitations on amount of bond issue; consideration of amount of
bond issue in computing debt limit of city.
75. Power of city in connection with redemption of bonds.
76. Evidence of validity and regularity of bond issuance; validation.
77. Action by council may be by resolution; passage, etc., of resolution.
78. Powers conferred by Act are supplemental to other law.
79. Separability.

Article XIV. Civil Service System.
80. Certain officers and employees constituted civil service employees.
81. Department of personnel.
82. Director of personnel.
83. Personnel board.
84. Application of these provisions to various positions and persons.
85. Personnel rules.
86. Limitations on appointments.
87. Promotions.
88. Suspensions, reductions and removals.
MB-6 81










MIAMI BEACH RELATED LAWS


89. Status of officers and employees holding positions when this Act
takes effect.
90. Certification of payrolls.
91. Oaths.
92. Information and access to premises and records.
93. Positions abolished, discontinued or vacated.
94. Prohibitions.
95. Election on acceptance of Act.
96. Construction of Act; separability.
97. Repeal of conflicting laws.

Article XV. Hospitalization and Sick Benefit System
for City Officers and Employees.
98. Authority to establish; cost; privilege of becoming a member.
99. Disposition of monies received.
100. Administration of system.
101. Ordinances enacted under provisions of Act.
102. Construction of Act; separability.

Article XVI. Pension and Retirement System for Officers
and Employees Generally.
103. Authority to establish; cost; additional benefits; actuarial evalua-
tions; privilege and necessity of participating; effect of separa-
tion from service.
104. Investment of monies.
105. Pension board.
106. Ordinance elections.
107. Construction of Act; separability.
108. Repeal of conflicting laws.

Article XVII. Firemen's Relief and Pension Fund.
109. Purpose of Act; supplementary to other Acts.
110. Definitions.
111. Creation of fund; origin of monies.
112. Board of trustees-Creation; composition; terms of office; offi-
cers; proceedings; compensation.
113. Same-Power and authority.
114. Custodian of fund; vouchers.
115. Individual accounts of firemen.
116. Rights and benefits generally of participants.
117. Rights and benefits are vested.
118. Responsibility of city.
119. Duties of city attorney.
120. Separability.
121. Repeal of conflicting laws.









MIAMI BEACH RELATED LAWS


Article XVIII. Pension System for Disability and Retire-
ment of Members of Police and Fire Departments.
122. Creation of fund.
123. Source of monies for fund; computation of liability; use generally
of fund.
124. Definitions.
125. Prerequisites to becoming member of departments.
126. Board of trustees.
127. Withdrawals from fund; investment of fund; custodian of fund.
128. Service and disability benefits generally.
129. Optional service and disability benefits.
130. Pensions for widows and children.
131. Optional service connected death benefits.
132. Non-service connected death benefits generally.
133. Optional non-service connected death benefits.
134. Election of presently employed members to participate; credit
for prior service; cancellation of participation in other systems.
135. Election of subsequent members to participate.
136. Contract between participant and city.
137. Medical board.
138. Appeal from decision of compulsory retirement.
139. Disposition of pension where pensioner convicted of felony.
140. Dismissal from service.
141. Restoration of health of participant retired for permanent in-
capacity.
142. Computation of pension service; service record.
143. Vested rights of pensioners.
144. Duration of retirement pension; contributions upon retirement.
145. Pension list to include all pensions now being paid to participants
and dependents.
146. Examination into facts upon which any pension has been granted.
147. Separation from service.
148. Military service.
149. Election on acceptance of Act.
150. Repeal of conflicting laws.


Article I. General Powers.

Sec. 1. Adoption and enforcement of ordinances; maximum
penalties.
The City of Miami Beach, Florida, shall have the power to adopt
such ordinances as may be deemed necessary to enjoy all the powers
heretofore or hereafter granted to said city and to enforce the
observance of such ordinances and to provide penalties for the









MIAMI BEACH RELATED LAWS


violation of such ordinances by a fine not exceeding $1,000.00 or
by imprisonment in the city jail or county jail, or at hard labor
on the streets or other work of said city, and imprisonment in jail
shall include such work, for a term not exceeding ninety days, or
by both such fine and imprisonment, or to provide one penalty for
the violation of such of its ordinances as do not contain provisions
for penalties for their violation. (C. 17596, 1, Sp. Acts, 1935.)

Sec. 2. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are hereby re-
pealed. (C. 17596, 2, Sp. Acts, 1935.)

Article II. Exemption from Certain State Laws.
Sec. 3. Committee substitute for Senate Bill No. 160.
The City of Miami Beach, a municipal corporation in Dade
County, Florida, be and the same is hereby, exempted from the pro-
visions of Committee Substitute for Senate Bill No. 160, entitled
"An Act empowering and requiring the several Boards of County
Commissioners and the governing authority or board of the several
towns, cities and taxing districts, to adopt budgets making separate
and several appropriations for necessary operating expenses and
for debt service requirements; to make separate levies on the
taxable property to meet such appropriations and to keep the monies
raised by each levy separate and apart from the other; to accept
from the taxpayer in payment of either or both of such separate
levies; and repealing all laws in conflict herewith," approved by the
Governor May 2, 1935. (C. 17598, 1, Sp. Acts, 1935.)

Sec. 4. An Act for readjusting, refunding and liquidating
the indebtedness of financially embarrassed po-
litical subdivisions, etc.
The City of Miami Beach, a municipal corporation in Dade
County, Florida, be and the same is hereby exempted from the
provisions of Chapter 16965, Acts of 1935, Laws of Florida, en-
titled, "An Act providing ways and means for readjusting, refund-
ing and liquidating the indebtedness of any financially embarrassed
political subdivision and taxing district in default; for a judicial
proceeding to carry out such purpose; for the confirmation and
validation of refunding bonds issued by any such taxing district;
for the assessment and levy of taxes to pay principal and interest









MIAMI BEACH RELATED LAWS


of such refunding bonds; for the assessment and levy of taxes to
pay unrefunded bonds or other indebtedness of such political sub-
division or taxing district; and for other purposes germane thereto."
All laws or parts of laws in conflict herewith are hereby re-
pealed. (C. 18693, 1, 3, Sp. Acts, 1937.)

Sec. 5. An Act concerning taxation.
The City of Miami Beach, a municipal corporation in Dade
County, Florida, be, and the same is hereby exempted from the
provisions of Chapter 17401, Acts of 1935, Laws of Florida,0 en-
titled, "An Act providing that taxes levied by any County, District
or Municipality in the State of Florida for the payment of interest
and for a sinking fund on bonds or for the payment of any other
past due obligation of such County, District or Municipality, may be
paid in said bonds, the past due interest coupons of said bonds or
the said other past due obligations at par which the said taxes have
been, may or shall be levied to pay, and providing for the tax col-
lectors or other officers receiving such bonds, interest coupons
and/or other obligations to have proper credit therefore "
All laws or parts of laws in conflict herewith are hereby re-
pealed. (C. 18694, 1, 3, Sp. Acts, 1937.)

Article III. Low-Cost Housing.
Sec. 6. Official citation.
This Act shall be known and may be cited and referred to as the
"City of Miami Beach Low-Cost Housing Act". (C. 26033, 1,
Sp. Acts, 1949.)

Sec. 7. Definitions.
The following terms, whenever used or referred to in this Act,
shall have the following respective meanings for the purpose of this
Act, unless a different meaning clearly appears from the context:
(a) "City": the City of Miami Beach, Dade County, Florida, a
municipal corporation.
(b) "City Council": the city council of the City of Miami Beach,
Florida. (C. 26033, 2, Sp. Acts, 1949.)

6. See Florida Statutes, 1949, 192.40 to 192.44.









1MIAMI BEACH RELATED LAWS


Sec. 8. Application for construction-Rules for submitting.
Any person, insurance company, bank or banking institution,
trust company, savings bank or association, building and loan as-
sociation, or savings and loan association, or any other corporation
organized, or authorized to do business, under any law of this state,
acting alone or conjointly, may present to the city council an ap-
plication for approval of a project for the construction at the ex-
pense of the applicant, of new housing facilities of proper standards
of sanitation and safety upon a tract of land located within
and owned or to be acquired by the city, unimproved or occupied in
whole or in part by unsanitary or unsafe structures used, or un-
suitable for use, as dwellings, under which project existing build-
ings shall be rehabilitated or demolished. The city council may
prescribe reasonable rules and preliminary requirements for sub-
mitting an application under this section. In accordance with the
provisions of section seventeen 6a of this Act, all lands and improve-
ments under such project shall eventually become the sole prop-
erty of the city. (C. 26033, 3, Sp. Acts, 1949.)

Sec. 9. Same-Contents.

Such application shall contain a statement describing the project
presented for approval to which shall be annexed the following
exhibits:
(a) A map showing the location of the tract of land and of the
structures thereon required for the purposes of the project;
(b) A plan showing the housing facilities to be constructed up-
on such tract of land pursuant to the project, which may include
stores, offices and other commercial space, and recreational and
playground facilities, reasonably appropriate to a convenient, health-
ful and effectual use of such facilities;
(c) An estimate of the cost of the entire project to the applicant;
(d) An estimate of the costs of operation and of the rentals for
rooms or other units of dwelling accommodation which will be re-
quired to assure a net return of not less than four per centum (4%0)
upon the cost of the entire project, computed in accordance with the
provisions of section eight 7 of this Act. (C. 26033, 4, Sp. Acts,
1949.)

6a. See 22 of the Related Laws.
7. See 13 of the Related Laws.









MIAMI BEACH RELATED LAWS


Sec. 10. Same-Referral to board or committee; con-
sideration by council; contract between city and
applicant; bond of applicant.
(a) The city council shall refer such application to the local plan-
ning board or, if there be no such board, then to a committee to be
named for the purpose of the city council, for preliminary examination
and report as to whether or not the proposed project will conflict
with any master plan for housing development, or will be inconsistent
with the most suitable development of the city or detrimental to
the best interests thereof or of the public. The board or committee
which is to make such preliminary examination shall report thereon
to the city council within forty-five days after the application has
been referred to it. Upon receipt of such report, the city council
shall examine into such application and shall determine whether or
not the project therein proposed is in the public interest and neces-
sary for public use and welfare within the purposes of this Act.
If the city council shall determine, by resolution, that the under-
taking is in the public interest and necessary for public use and wel-
fare, and that the city council is satisfied as to the financial ability
of the applicant to complete the same, then the said city council
may enter into a contract with the applicant, by which the city
agrees (1) to acquire at its expense, by purchase, gift, devise or
otherwise, or by the exercise of eminent domain, all of the property
included within the said tract of land, and (2) to lease the same
to the applicant for a period not to exceed forty years, with
a privilege in the applicant to renew for a further period not to
exceed twenty years, upon such terms as to any rental or charge for
occupancy as may be mutually agreed upon, which rental or charge
may be nominal in view of the eventual ownership by the city of
the buildings rehabilitated or constructed under the project and the
payments to be made to it under the provisions of this Act as in-
come and percentage of rentals. The city council may require the
applicant to furnish bond or other security if deemed desirable to
assure completion of the project.
(b) Such contract shall (1) specify the period, not less than
twenty-five years nor more than forty years but subject to the pro-
visions of this Act as to extension of such period, over which the cost
of the entire project to the applicant shall be amortized; (2) pro-
vide for the disposition to be made of the property or buildings in
the event of default in construction or operation or in the fulfill-
ment of the terms of the contract; (3) provide that the applicant
shall undertake and complete the work, and shall pay the cost of the


10


10









MIAMI BEACH RELATED LAWS


entire project; (4) provide that upon the expiration or other
termination of the term of the lease or of any renewal or extension
thereof, the improvements existing or erected upon the lands shall
become the sole property of the municipality; and the contract may
contain any other terms and conditions with regard to the project,
or as to the operation and maintenance thereof, subject to and not
inconsistent with the purposes and provisions of this Act. Such
contract shall be authorized by ordinance, in the manner provided
by law, and the applicant shall accept or reject the same by writing
filed with the clerk of the city within thirty days after the adoption
of such ordinance. (C. 26033, 5, Sp. Acts, 1949.)

Sec. 11. Acquisition of land by city.
Whenever any such contract shall have been so authorized and ac-
cepted, the city shall forthwith undertake to acquire the tract of
land involved, at its expense, and may, if so requested by the ap-
plicant, deliver possession of any part or parcel included therein,
as acquired, to enable the applicant to commence rehabilitation,
demolition, and construction of new facilities. Provided, however,
that no land or lands heretofore acquired and owned by the City
of Miami Beach shall be used or included in any housing project as
herein provided for unless such use is approved by a majority of
the votes cast in an election in which the qualified electors residing
in the city shall participate; and provided, further, that nothing
herein contained shall authorize or empower the city to acquire by
the exercise of the right of eminent domain for any of the purposes
of this Act any property used by any public utility in furnishing any
commodity or service which by law it is authorized to furnish; and
provided, further, however, that nothing contained in this Act shall
restrict or limit any such power and authority for the exercise by
the city of the right of eminent domain as may otherwise be pro-
vided by law. For the purpose of acquiring the tract or tracts of
land involved, the city is hereby authorized and empowered to issue
bonds in the manner and under the same terms, conditions and
limitations as are contained in the Charter of the city and which
are applicable to other bonds issued by the city. Should condemna-
tion be necessary, the City of Miami Beach is authorized to acquire
the tract of land involved by the exercise of the right of eminent
domain in the manner provided by law for condemnation proceed-
ings. In any one condemnation proceeding instituted by a mu-
nicipality under the provisions of this Act the municipality may join,
in its petition, all or any number of the separate parcels or plots


11


11









MIAMI BEACH RELATED LAWS


to be condemned and the owners or occupants, if any, and persons
appearing of record to have any interest in such separate plots or
parcels. (C. 26033, 6, Sp. Acts, 1949.)

Sec. 12. Commencement of project.
Whenever the possession of land and structures, or any
part thereof, necessary to the completion of the project, has been
delivered to the applicant in accordance with the terms of the con-
tract or the provisions of this Act, the applicant shall, as soon as
feasible, commence the project and carry the same to conclusion.
(C. 26033, 7, Sp. Acts, 1949.)

Sec. 13. Maximum rental schedule generally; allowable
return on investment of applicant; net annual
return; disposition of funds received by city.
(a) A schedule of the maximum rentals per room or other unit
of dwelling accommodation that are proposed to be charged by the
applicant to the tenants of the new housing facilities, in the first
instance and as revised in accordance with the provisions of this
Act, shall be submitted by the applicant to the governing body for
approval. Such rentals shall be upon such a scale that the estimated
annual income therefrom to the applicant shall be not less than four
per centum (4%), and not more than six per centum (6%), of
the cost of the entire project to the applicant, or of the balances of
such cost as reduced by amortization payments, after provision has
been made for payment from such rentals of: (1) ground rent;
(2) the percentage of entire rentals required by this Act to be paid
to the municipality; (3) insurance premiums and charges; (4)
all costs and expenses of operation and maintenance; (5) an annual
amount sufficient to amortize the cost of the entire project to the
applicant at the end of a period to be specified in the contract but
which shall not be less than twenty-five years nor more than forty
years from the completion of the project unless extended in accord-
ance with the provisions of this Act; (6) a annual amount of ten
per centum (10%) of the entire rentals, set aside as a reserve for
the purpose of providing against possible vacancies, or loss of
rentals, or other contingencies. The city council shall review such
schedules and supporting estimates and shall approve such maxi-
mum rentals unless it appears that the estimates are unreasonable
or that the limitations of this section are not being observed.
(b) Within thirty days after the end of each calendar year of


13


12









MIAMI BEACH RELATED LAWS


operation of the project, the applicant shall determine the net annual
return for that year by deducting from the entire rentals received
from the property during the year, payments made from such
rentals for (1) ground rent; (2) percentage of entire rentals re-
quired by this Act to be paid to the municipality; (3) insurance
premiums and charges; (4) all costs and expenses of operation and
maintenance; (5) an annual amount sufficient to amortize the cost
of the entire project to the applicant at the end of a period to be
specified in the contract but which shall not be less than twenty-five
years nor more than forty years from the completion of the project
unless extended in accordance with the provisions of this Act; (6)
an annual amount of ten per centum (10%) of the entire rentals
set aside as a reserve for the purpose of providing against possible
vacancies, or loss of rentals, or other contingencies. In the event
that the net annual return so determined exceeds four per centum
(4%) of the cost of the entire project to the applicant, or the un-
paid balance thereof, one-half of the excess over four per centum
(4%) shall be paid to the city until the net annual return to the ap-
plicant amounts to six per centum (6%) of the cost of the entire
project to the applicant or the unpaid balance thereof, and all net
annual return in excess of such six per centum (6%) shall be paid
to the city. Any amount paid to the city under the provisions of
this section and all ground rent received by it, shall be dedicated
revenue for the debt service of bonds or other obligations issued
for the acquisition by the city of the lands and properties required
for the project. (C. 26033, 8, Sp. Acts, 1949.)

Sec. 14. Use and disposition of contingency reserve fund.
The contingency reserve fund of ten per centum (10%) of
rentals, hereinbefore authorized, may be used by the applicant for
any purpose connected with the operation of the project, except that
it shall not be applied to the payment of net annual return, as deter-
mined under the provisions of this Act, in excess of the prescribed
four per centum (4%) of the cost of the entire project or the un-
paid balances thereof. The balance of such contingency reserve
fund shall not at any time exceed an amount equal to twenty per
centum (20%) of the average of the entire annual rentals for the
preceding two years, and any amount of the fund in excess of such
prescribed limit shall be paid to the city as dedicated revenue for
the debt service of bonds or other obligations issued for the acquisi-
tion by the city of the lands and properties required for the project.


14


14









MIAM.I BEACH RELATED LAWS


When the city shall acquire sole and unrestricted possession of the
building and improvements, as in this Act provided, any unused
amounts then remaining in the said reserve fund shall be paid to the
city. (C. 26033, 9, Sp. Acts, 1949.)

Sec. 15. Revision of maximum rental schedule.
From time to time, upon request of the applicant, the city council
shall review and revise the maximum rentals upon satisfactory evi-
dence that such revision is necessary to assure an annual income of
four per centum (4%) to the applicant as herein provided; and the
said city council may, at any time, upon three months' notice to the
applicant, -revise or reduce the maximum rentals which may be
thereafter charged by the applicant in cases of new or renewed
lettings; provided, the scale of rentals as so revised or reduced shall
be amply sufficient to assure such four per centum (4%) annual
income to the applicant under the provisions of section eight.Ta The
applicant shall be permitted to extend the amortization period speci-
fied in the contract and to reduce, or adjust in any manner, the
annual amortization payments therein, provided, notwithstanding the
contract provisions dealing with such matters, upon presentation to
the city council of evidence that such extension or reduced or ad-
justed amounts appear to be necessary to enable the applicant to
earn the net annual return of four per centum (4%) prescribed by
this Act, or to amortize the cost of the entire project within the full
term of sixty years, including the renewal period, permitted by this
act; provided, that, in any event, the cost of the entire project to
the applicant shall be amortized within sixty years from the com-
pletion of the project. (C. 26033, 10, Sp. Acts, 1949.)

Sec. 16. Exemption from taxation.
All buildings which are rehabilitated or erected, by private
capital, on land owned by the city and used for the correction or
removal of congested, dilapidated, substandard, unsanitary or dan-
gerous housing conditions and the replacement thereof by new
housing facilities of proper standards of sanitation and safety, as
contemplated by this Act; which are restricted as provided herein
as to use and alienation; which are rehabilitated or erected pur-
suant to a plan approved by the city; which are subject to the ap-
proval by the city of the maximum rentals for dwelling accommoda-

7a. See 13 of the Related Laws.


15


16









MIAMI BEACH RELATED LAWS


tions therein; which become the sole and unrestricted property of
the city after a period not to exceed sixty years after completion
of the rehabilitation or construction; and the net annual return from
which, as determined under the provisions of this Act, is limited in
amount, shall be exempt from all property taxation. (C. 26033,
11, Sp. Acts, 1949.)

Sec. 17. Applicant to keep books and records; audit by
city.
The applicant shall keep and maintain such books, records and
accounts as to the operation of the project as may be required by
the city, which shall have the right to make periodic audits there-
of. (C. 26033, 12, Sp. Acts, 1949.)

Sec. 18. Ownership of buildings and land generally.
All land acquired by the city under the provisions of this Act and
used for the purposes contemplated, shall belong to and remain the
property of the city and shall be exempt from taxation notwith-
standing any future change in law as to exemption of public prop-
erty. The buildings rehabilitated or constructed on such land shall,
from and after the time that possession of the land is taken by the
applicant, be and remain the property of the applicant until they
become the sole property of the city by the terms of the contract
or in accordance with the provisions of this Act. (C. 26033, 13,
Sp. Acts, 1949.)

Sec. 19. Right of applicant to sell, etc.; rights of pur-
chaser.
The applicant shall not sell, convey or mortgage the buildings
rehabilitated or constructed under the provisions of this Act, or any
interest therein, unless the city council shall, by ordinance, consent
thereto. Until the ownership of such buildings shall vest in the
city following the expiration of the period of occupancy or opera-
tion provided by the contract and this Act, any purchaser or per-
son acquiring any interest in such buildings shall take the same sub-
ject to the public use and charged with the duties and obligations
imposed upon the applicant and the property by this Act. (C.
26033, 14, Sp. Acts, 1949.)

Sec. 20. Federal and state aid.
The city council which enters into a contract by the terms of
92


17


20








MIAMI BEACH RELATED LAWS


which it is to acquire land and property for the purposes of this
Act, is authorized and empowered to borrow and appropriate moneys
and to ask for and accept financial aid or grants from the govern-
ment of the United States or of the State of Florida, or from any
agency of either, to enable or assist it to acquire the land and prop-
erty required to complete a project in accordance with this Act, and
the city may enter into such contracts, obligations or agreements,
not inconsistent with the provisions of this Act, as may be neces-
sary for such purposes. (C. 26033, 15, Sp. Acts, 1949.)

Sec. 21. Authority of city to make improvements, etc.
The city may, for the purposes set forth in this Act, in its contract
with the applicant or at any later time, make such agreements as
to improvements to the property, such as but not limited to sewers,
streets, highways, sidewalks, and grading and planting, and as to
vacation of existing facilities dedicated to the public use or used for
public purposes, as may be necessary or desirable to a com-
plete utilization of the land and buildings for the purposes of this
Act; and the city may agree to improve and maintain open public
areas or park or playground space as provided in the project for
use with the rehabilitation and construction of housing, as a
municipal function for the use and benefit of the public generally.
(C. 26033, 16, Sp. Acts, 1949.)

Sec. 22. When city becomes owner of buildings.
At the final expiration of the period fixed by the contract as the
term of the lease or occupancy, or renewal or extension thereof, as
provided in this Act, the city shall become the sole and unrestricted
owner of the buildings rehabilitated or constructed by the applicant
on the land owned by the city. (C. 26033, 17, Sp. Acts, 1949.)

Sec. 23. Property of public utilities.
Subject to the provisions of section 6 8 as hereinabove set forth,
if the city, after having entered into a contract with an applicant
as herein provided, shall determine to vacate any street, avenue,
highway, road, or other public place or way (hereinafter called
"street"), on, in or under which is located any property used by
any public utility in furnishing any such commodity or service, the

8. See 11 of the Related Laws.


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