IMAG0001TO TFC HONORABLE CITY COU'IJCIA.# S2.iford, Fla.:
The ordinance entitled An Crdinarce to Amend Chaster 5 of
The Revised Ordinances of the City of Canford, FloridarelatIng to
Com=encation of Officers M, was duly refei'rPd to me for ap_ roval or
rejection. The ordinance which this Tiir?=orts to amend was Passed on
the tenth day of October, 1302. By that ordinance the ealary of the
Mayor was fixed at JJ,KOO per annum; that of the Marshal and Collector at
0720 that of the Clerk, Treasurer and As es or :720 ; meriber , of. the
Citv Colmr.1I were to be :aid $2 for attendance on each regular meeting
of the Co,incil ; the Citi✓ At4-orney was to r ceive a salary of 9100 Ter
annum the City Physician $200; the Police a salary of #50 per month;
the Fire rP_artr_ient were to be =aid a mor.thly comuensatio n not exceed-
ing -x'50 and the Chief thereof 0100 per year.
section C6 con,-vtrued thp.t ordinance Jr. the^e words: „ nothinp.
In thisCha.-ter ohall be collwtrued as chane tng the amount of the com. en-
satien or officers who cold their off ice by virtue of an election, that
too7e, iacc Tri or to tile, -passage of ti;iC law.
_Tanua,ry 4th, 18CZ, the City Council amended rectirns 50 ec 00
of t^the nreit'nance:by the terms of n,�hich amendments the 'Marshal a nei
^_ollector, and the C1Pr1;-TrPaNurer- Assesso each rr:ceiverl a salary of
$000 Ter annum
On the 24th 'av of. rja;r, 1803, the Legislature of tt1P. St=.te� of
^1ori�ia pa. sed a sreotal charter "or the (7i.ty of 71anford., by the terms
of rhich, it is seciftcally rrrovtded that tiie salary of tile Mayor
can-_ot be ciianged during the = eriod for w11ic1; he to elected. The Carle
provision a.1=lies to come of. tle other of `icer, of the city.
Tanuary 20th, 1.800, the City Council amended gecticnu 58, 539
60, 61, 6?., 63 t_ 64 of the Revtced ordinances of Sanford Tassed in 1£302,
By that ann.nded ordinance the LYial-rors s.alary vJa reduced to 4200 1:er
amium, that of the ;).3ar. sha.l & Col sector to 47800 that of tlne Cterx-
-Treasure_ lK Assessor to 17800
(2)
The compensation heretofore allowed the
City Conncilmen was abolished; the salary of the Ctty Attor nev was
reduced tc ge.X j er an-nitm; that of the City Phycician to 4100 and the
Policemen to 9;45 per month,
The Charter of the City rrovtcies that all orrlinar:nes ^hall
become laws after publication as rreSCrtbPrl 1-,Y ordinance.
Secticn 44 of the Revised ordinRnces, as amended, reads as
fol o^:ti:
"Vile City Council shall rronjilgate :Wtth0ut tiIlIlP.reS^ary delay
all laws and ordinances which they may enact; all ordinancPs aozed by
the Citv Council shall be published four 0011 Qoutive weeks before they
shall become laws, except sanitary and gitaranti ne regulations.
if the ;+iFxvor si1oz11d ar_rove this ordina.;e
It wiil be seen t;lat
and the City Cottneil should do its duty Y,v nromulgating the same vyithoilt
�nnaces ar delav, it woilld become a law vil.thin tile. next '0 or 40 days,
or r:any months prior to the exTiratton of the terns of office to which
the ;reGent city or''icers were elected, "With resrcect to the .avor and
come of tie other city officers t;lis would be clearly in cc flict With
the irovioions of the Charter. Tiits ordinance emi t become a law and
FO i ..to effect preci6ely as other ordances do. here is no time srecif-
iceplly stated in the ordinance nor to there any saving clause to it
as was placed in the ordinance of 1332.
A caving clause does not re-inar,t itrrr lf. It has brit ore r_,ir-
pose in life, so to ^fer?,�;, and when that is fulf.tl:ed it is virtually
deed, In this in tans J its ?urro ce v;as to ::ave t::P :arties elected in
February 1832, .from the legal effect relaiAng to the comj:en,,at io a of
the crdti;ance xa ssed in October 1£33
V Ij
The form of this ordinance is quite novel and entirely 1.tnusual
and in my opinion bad in law, It first rPr.eals all amendments to Chap -
tar 5, or to certain section:: thereof, and then amends the several
sections, Vnen an ortftonal law is amended .y subsegltPnt legislation it
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then ttncones an amended law. T 1e origtonal or Trtr_mary act and the
ameno.ments are ;erred or rile ided into one harmonious whole. It is a
*ni t?.�:e t0 511.: o e that the canatrmv of the law warrai:ts the idea o ' a
.► •i
r-arent stalk with branches ;ct.o.m as�iame ndment s�ti:at cotrin legislaboru
might Cho := off a ltmb here a.zd another there.
For these legal ol�jecttons to the ordinance I an compelled to
re`uravit without ,-,v RT.Troyal.
Au,,�ist 21st ,
REVT- CTFUTMT.Y
so
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then ttncones an amended law. T 1e origtonal or Trtr_mary act and the
ameno.ments are ;erred or rile ided into one harmonious whole. It is a
*ni t?.�:e t0 511.: o e that the canatrmv of the law warrai:ts the idea o ' a
.► •i
r-arent stalk with branches ;ct.o.m as�iame ndment s�ti:at cotrin legislaboru
might Cho := off a ltmb here a.zd another there.
For these legal ol�jecttons to the ordinance I an compelled to
re`uravit without ,-,v RT.Troyal.
Au,,�ist 21st ,
REVT- CTFUTMT.Y
so
'e
1
7�e