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both real and personal^ between the first day af May and
the first day of July in each and every year. The manner
in which he shall perform his duties shall be determined
by ordinance of the City Council. He shall give bond for
the faithful and correct performance of his duties, with
sureties to be approved by the Council. He shall be clothed
with authority to administer oaths or affirmation in the
listing of property for taxation the same as County As*
sessors are authorized by general law. He shall receive
such compensation as the City Council may fix.

Sec. 3. That Section 67 of said act as amended by Sec-
tion 4 of Chapter 5330 of the Laws of Florida, approved
April 16, 1903, be amended so as to read as follows :

Section 67. There shall be a Marshal who shall serve for
one year and until his successor is elected and qualified.
He shall be elected annually by the City Council, as soon
as practicable after each general city election as the
same shall be constituted by reason of said election. He
shall enter upon the discharge of his duties immediately
after being sworn into office and giving such bond as may
be required of him by ordinance. He shall receive such
compensation as is provided, which shall not be changed
during his term of office; Provided, This act shall not af-
fect the present incumbent during his term of office.

Sec. 4. The Board of Public Works which was created by
an ordinance passed and approved under the provision of
Chapter 5509 of the Laws of Florida, approved May 27,
1905, shall be constituted and shall have and exercise all
the powers and duties as provided in and by said ordi-
nance, until said ordinance shall have been repealed or
amended by ordinance approved in like manner as said
ordinance was adopted and approved.

Sec. 5. As soon as practicable after the approval of
this act, the Board of Public Works shall have entered up,
unless already entered up, all liens claimed by the city
against lots for the construction and repair of sidewalks
and foot pavements and for the grading and paving of
streets, in a book prepared for that purpose, laMed
"Street Improvement Lien Book," giving the cost of
such works, the lot upon which such lien or liens are



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LAWS OP FLORIDA. 499

claimed and such other information as the Board may 1907.

deem advisable^ and shall notify the City Council when — '

said liens have been entered up as aforesaid, and the City Liens>
Council shall, within a reasonable time thereafter, cause
to be published once each week for four weeks a notice
when the Council will meet to hear and consider petitions
against such liens. Any person owning any lot or any in-
terest therein or having a lien thereon shall have the right
at any time before such meeting of the City Council to
present to the City Clerk a sworn petition to the City
Council, stating his interest in the property and alleging
that, in the opinion of the petitioner, the cost of the work
for which such lien is claimed as entered up in the Street
Improvement Lien Book exceeds the actual cost thereof,
or is otherwise erroneously entered up, or exceeds the spec-
ial beneiits accruing to the lot affected by the lien. It shall
be the duty of the City Council to hear and consider all
petitions presented as aforesaid and make due and proper
inquiry into the questions involved, and if it shall appear
to their satisfaction that the cost as entered up is er-
roneously stated or entered up, or exceeds the special
benefits accruing to the lot affected by the lien, then the
City Council shall by resolution so declare, and shall have
the entry thereof in the Street Improvement Lien Book
corrected, and shall fix the amount to be charged up
against such tot at an amount not exceeding in the dis-
cretion of the City Council the special benefits accruing
to such lot, and the amount so fixed shall stand as the
amount of such lien, and any amount of such cost found i
to be in excess of special benefits shall be paid by the city.
In all cases where no petition shall have been filed as
hereinbefore provided, the amount of such lien as entered
up in the Street Improvement Lien Book shall become and
be a fixed lien upon the lot. In no event shall the validity
of such lien as primarily entered in the Street Improve-
ment Lien Book, or as fixed by the City Council on peti-
tion duly presented, be questioned in any direct or col-
lateral proceeding instituted more than three months after
the City Council shall have acted on said petition, and
each such lien shall be a lien on the lot against which it
is claimed superior to all other liens, excepting only liens
for taxes.

If the amount of such lien fixed and determined as afore-
said shall be* paid to the city within three months after the



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500 LAWS OF FLORIDA.

1907. first publication of said notice no interest shall be charged

thereon^ but in all cases where the face of said lien is not

paid within said three months^ the lien shall cover interest
from the date of the completion of such work, and all
costs and fees incurred by the city for its collection,
which may be collected as provided in this act.

Cost o'^im- In all cases where contracts have been let by the city
Sta, ®"^'*^ under ordinance for the construction or repair of side-
walks or foot pavements or for the grading and paving of
streets, and such work is not completed, as soon as prac-
ticable after such work is done, or such part thereof tis the
Board of Public Works shall from time to time designate,
the cost thereof shall be entered up in the Street Improve-
ment Lien Book, and thereafter the notice, right of peti-
tion, filing of the city's liens for such work according to
special benefits and other procedure shall be the same and
shall have like effect as above provided where such work
has already been completed.

go«weM.^du- Sec. 6. The Mayor and City Council are hereby author-
wS^w uid ized, by ordinance, to regulate, provide for and require the
^'•"^^^ opening, widening, extending and improving of streets,
avenues and public places; the construction and mainten-
ance of sidewalks and street pavements; the establishment
and maintenance and keeping in order of grass plots and
parkways in front of property between the property lines
or outer sidewalk lines and the driveways in the center of
streets; the drainage and filling in of low places, public
or private, dangerous to public health, and the cleaning up
and putting into proper condition of .places requiring
such work to be done to promote the public welfare; and
the construction and maintenance of wster mains, sew-
ers and drains; and may, by ordinance, provide for the
payment of the cost thereof by general taxation or by
special assessment of the cost thereof against the prop-
erty fronting or abutting upon the street, avenue or pub-
lic place where the same is done, in proportion to front-
age of the property fronting thereon, the special assess-
ment being made per front foot of the abutting property,
or part of the cost thereof may be, by ordinance, paid by
general taxation of all property of the city, and the re-
mainder by such special assessment, and in cases of drain*
age and filling in of low places (other than streets, av-
enues and public places) dangerous to public health, and



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LAWS OP FLORIDA. 601

tbe cleaning up and putting into proper condition of 190T.
places requiring such work to be done to protect the public I ~~

welfare, shall provide for the payment of the cost of such duties oc

*r tf Mayor a&d

work by special assessment of the cost thereof or of such counou.
part of the cost as may be provided by ordinance, against
the proi)erty upon which such work is done, and the city
shall have a lien superior to all other liens upon the abut-
ting property or upon the property drained and filled in
or cleaned up and put into proper condition, as the case
may be, for the amounts of special assessments, together
with interest thereon and cost of collection thereof. When-
ever the doing of any such thing is provided for by ordi-
nance, the ordinance providing for the same shall state
the estimated total cost thereof and the estimated amount
per front foot of the special assessments to be levied upon
abutting property, or the estimated cost to be specially
a^essed against the property drained, filled in, cleaned up
or put into proper condition, as the case may be, and
ihall be published once each week for four weeks, and the
City Council shall meet as soon as practicable after the
expiration of said publication, at a time named in the or-
dinance, and permit any owner of, or other person in-
terested in, any property against which it is proposed to
levy such special assessment, to present to the City Coun-
cil any objections which he may have to the enforcement
of the requirements of such ordinance and shall have
power, if they deem justice or right to require the same,
to repeal or amend said ordinance; but no such amend-
ment shall increase the amount to be specially assessed
against other property, nor shall the assessment against
anj property be in excess of the special benefits accruing
to said property by reason of such work. Any person own-
ing or interested in any property to be specially assessed
Or generally taxed for said work, who shall not at such
meeting present in writing to the City Council his ob-
jection to said ordinance, shall be deemed to have con-
sented to its provisions and any person so presenting his
objections to such ordinance and not satisfied with the
action thereon, shall have the right within thirty days
thereafter to present to any court of competent jurisdic-
tion by a bill in chancery, praying for an injunction
against the enforcement of said ordinance, any legal ob-
jection he may have to the enforcement of such ordinance,
and the court shall have power, upon proper cause shown,



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602 LAWS OP PLOBIDA.

1907. to grant such injunction; and any person not 00 present-

ing his bill for injunction within tiiirty days, or failing

dutSTof"* to push to a successful conclusion with due diligence his
Mayor and application for an injunction, shall be deemed to have
counoiL consented to the enforcement of the ordinance and the
levy and collection of the special assessments and taxes
necessary thereto, and shall not thereafter be heard to de-
fend against or question the validity of such tax or
special assessment. The Mayor and City Council are here-
by authorized to provide by ordinance for the issuance of
special assessment city certificates for such amounts and
drawing such rates of interest and upon such terms and
conditions as may be deemed necessary, to enable the city
to pay the cost of such work pending the collection of the
special assessments and taxes, and to provide for the pay-
ment thereof with interest; and the City Council shall,
as soon as practicable after the completion of any such
work, by resolution fix the special assessment per front
foot upon the abutting property or the special assess-
ment against the property drained, filled in, cleaned np
or put into proper condition, as the case may be, at an
amount not exceeding either the actual cost of the work or
the estimated special assessment stated in the ordinance
providing for the work. Any person desiring to contest in
any way the validity of any such special assessment
or lien shall, within thirty days after the publication
of the resolution fixing the special assessment, institute
suit to have the enforcement thereof enjoined or its in*
validity legally declared, and no person not so instituting
such suit shall thereafter be heard to question the validity
thereof or to defend against the enforcement of the lien
upon the grounds of its invalidity. Any such special afr
sessment paid within thirty days after the publication of
such resolution shall be accepted without interest, and
such assessments not so paid within said time shall bear
interest from the date of publication of such resolution at
the rate of one per cent per month. The Mayor and Citr
Council may, by ordinance, provide for the payment of
such special assessments in instalments, and for the col-
lection by enforcement of the liens by attorney or at-
torneys after any payment has not been made in compli-
ance with the provisions of such ordinance. The liens for
the amounts of such special assessments may be enforced
by bill in equity, and any number of liens arising nnder
the provisions of one ordinance may be enforced in and



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LAWS OF FLORIDA. 503

bj one proceeding in eqnity. The city shall have and collect 1907,
a lien upon any properties afifected by such special assess-
ments for reasonable attorney's fees for the collection ol
anpaid special assessments after the collection thereof
shall have been entrue^ed to an attorney by lesolutioil of
the City Council.

Sec. 7. This act shall become effective immediately afte/
its passage and approval.
Approved May 1, 1907.



CHAPTER 5815— (No. 220).

AN ACT Validating Certain Obligations Contracted for
the Sum of f43^00 by the City of Lake City During the
Tears 1906 and 1907^ Authorizing said City to Issue
Bonds for the Payment of Said Indebtedness, and Pro-
viding for the Payment of said Bonds. ^

Whereas, At divers times during the years 1906 and 1937
the City of Lake City bon*owed several sums of money
aggregating forty-three thousand two hundred dollara,
and issued evidences of said indebtedness in the form of
bonds or promissory notes for the payment of the money
so borrowed, due one year after the date of each of said
obligations, with interest at the rate of eight per cent,
per annum after maturity, and the different persons
loaning said sums of money acted in good faith and the
city received the full benefit of said loans: Therefore,

i Be it Enacted by the Legislature of the State of Florida :

Section 1. That the several obligations contracted by the ^5^****^***»
City of Lake City, at divers times during the year 1906
and 1907, aggregating the sum of |43,200.00, evidences of
which were issued in the form of promissory notes or
bonds, payable each one year after the date thereof, with
interest at the rate of eight per cent, per annum, are
hereby ratified and approved, and the same are hereby
recognized as valid and binding on the City of Lake
City as fully and to the same extent as if said city had
been authorized by law to contract said obligations and
issue evidences thereof in manner and form as aforesaid.



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504 LAWS OP FLORIDA.

^907. Sec. 2. That the Mayor and City Council of the City of

Bond Issue. ^^® ^^*^' ^^ *^^^^ corporate capacity, are hereby author-
ized to issue from time to time, bonds of said city to such
amounts as may be necessary to pay said obligations with
interest, and of such denominations bearing such rate of
interest, not exceeding five per cent, becoming due at
such times and upon such conditions as may, by ordinance
calling for such bond election, be determined, the proceeds
^rom the sale of which bonds at not less than par yalue
shall be used for the payment of said obligations con-
tracted and evidences thereof issued as aforesaid, ^nd
for the payment of which bonds ^and the interest thereon,
the entire taxable property of said city and the public
utilities acquired and owned by the city may be pigged ;
Provided, That before the issue of said bonds he made,
the issuance of the bonds proposed to be issued shall be
provided for by ordinance, setting forth the denominations
of such bonds, the rate of interest, the time, place and con-
ditions when said bonds and the interest thereon shall
become due and payable, and that the proceeds arising
from the sale of said bonds shall be used for the purpose
of paying said obligations and interest due thereon, and
subsequently approved by a majority of the votes cast
by the qualified electors of said city who were qualified
to vote at the city general election next preceding such
election, at a special election held for that purpose, or, if
said question of issuing bonds be submitted to be voted
upon at a general city election, then by a majority of virtes
cast by the qualified voters of said city at such election;
the time and manner of holding such election shall be
prescribed in the ordinance providing for the issuance
of said bonds; and provided further. That the Board of
Public Works of the City of Lake City shall be the trustee
of the bonds issued under this act, which boaM shafl have
all the power in reference to the bonds issued hereunder
as vested in said Board of Public Works by law and or-
dinance in reference to the existing bonds of said city.
The Mayor and City Council shall levy and collect annu-
ally such special tax on the taxable property within the
corporate limits of said city as may be necessary to pay
the interest on said bonds, and to provide a sinking fund
for the payment of said bonds, and by ordinance, shall re-
quire of the disbursing agents handling the money hereby



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LAWS OP FLORIDA. 506

provided for such bonds for the faithful performance of 1907.
their duties as they may determine.

Hoe. 3. This act shall not be construed as limiting, re- ^Jj^
pealing or modifying any other laws in force as to the 'oi™^ '^^^
issming of bonds for other purposes than that specifically Son*
provided for in this ordinance; and the bonds issued under
this act shall be in addition to the issuance of bonds here-
tofore authorized and issued.

Sec. 4. This act shall be effective immediately after its
passage and approval.
Approved May 1, 1907.



CHAPTER 5816— (No. 221).

AN ACT Requiring All Moneys Collected on Special As-
sessments in the City of Lake City, Florida, to be Paid
to the Board of Public Works of said City, to be Used
for Paving Streets and Making Other Public Improve-
ments.

Be it Enacted hy the Legislature of the State of Florida :

Section 1. That all sums of money collected on special
assessments for paving streets, building sidewalks, streets,
or other improvements in the City of Lake City, Florida,
shall be paid to the Board of Public Works of said city as
collected, to be used by said board for the purpose of pav-
ing streets or for making other such public improvements.

Sec. 2. That this act shall take effect immediately on
its passage and approval by the Qovemor.
Approved June 3, 1907.



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506



LAWS OF FLORID A,



1907.



Territorial
boundaries.



Corporate
authority.



CHAPTER 5817— (No. 222).

AN ACT to Amend Sections Two (2), Eight (8), Thirty-
seven (37), and Section Fifty-one (51), of Chapter 4869
of the Laws of the State of Florida, Being an Act En-
titled "An Act to Abolish the Present Municipal Gk)?-
ernment of the City of Lakeland, in the County of Polk,,
and State of Florida, and to ESstablish, Organize and
Constitute a Municipality to be Known and Designated
as Lakeland, and to D^ne its Territorial Boundarf,
and to Provide for its Jurisdiction, Powers and Priv-



Be it Enacted hy the Legislature of the State of Florida:

Section 1. That Section 2 of Chapter 4869 of the Laws of
the State of Florida be and the same is hereby amended
so as to read as follows :

Sec. 2. That a municipality to be known and desig-
nated as the city of Lakeland is hereby established, organ-
ized and constituted in the county of Polk and Slate of
Florida, the territorial boundaries of which shall be as fol-
lows : Begin at the northwest corner of the northeast i
of the northwest i of Section 13, Township 28, Range 23,
run south to southwest corner of southeast J of the north-
west i Section 24, Township 28, Range 23 ; thence cast to
southeast comer of southwest i of northeast J Section 19,
Township 28, Range 24; thence north to northwest cor-
ner of northeast J of northeast J of Section 18, Town-
ship 28, Range 24; thence west to the point of beginning;
also including the northeast i of the northeast J of Section
18, Township 28, Range 24, in Polk County, State of
Florida.

Sec. 2. That Section 8 of Chapter 4869 be and the same
is hereby amended so as to read as follows :

Sec. 8. That the corporate authority of said city of
Lakeland shall be vested in a Mayor, City Council, Cle*,
Assessor and Treasurer (one or more persons as may ^
fixed by ordinance). Marshal and Collector (one person),
and such other officers as may be appointed and consti-
tuted according to ordinance. No person shall be elip-



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LAWS OF FLORIDA. 607

ble to any of said offices who shall not be a citizen of 1907.
the State of Florida, and who shall not be a resident and
legal voter of said corporation.

Sec. 3. That Section 37 of Chapter 4869 of the Laws
of the State of Florida be and the sdme is hereby amend-
ed so as to read as follows:

Sec 37. Whenever it shall be deemed advisable to issue ^^^
bonds for any purpose or purposes hereinafter named ; for
raising money to be used in constructing and maintaining
waterworks; for the purpose of operating and maintain-
ing a system of sewerage, or otherwise promoting the
health of said municipality; for the purpose of opening,
widening and paving the streets and sidewalks of said
municipality, and for opening, constructing and main-
taining public parks and promenades; for the purpose of
erecting school houses and maintaining a system of public
education in said municipality ; for the purpose of estab-
lishing and maintaining a fire department in said munici-
pality; for the purpose of erecting public buildings for
the use of said municipality ; for the purpose of building
or purchasing an electric or other illuminating plant for
the use of said municipality ; for any one or more of said
purposes, the Mayor and Council are hereby authorized
to issue bonds of said municipality, under the seal of the
corporation, to an amount not exceeding one hundred
thousand dollars, signed by the Mayor, countersinged by
the l*resident of the Council, and attested by the Clerk,
with interest coupons attached, which shall be signed in
like manner; Provided, however, That before said bonds ^^^***'
shall be issued, the issuance of said bonds shall be ap-
proved by an affirmative vote of a majority of the electors
voting at an election to be held for that purpose, which
election shall be regulated by an ordinance as to the man-
ner of conducting or certifying same ; after the same has
been advertised for not less than thirty days in a news-
paper published in said Lakeland, and at which election
only resident electors otherwise qualified, who shall also
own real estate within the corporate limits, and who have
paid taxes thereon for the year when such taxes were last
due, shall be entitled to vote.

Sec. 4. That Section 51 of Chapter 4869 of the Laws of
the State of Florida be and the same is hereby amended
so as to read as follows :



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508 LAWS OP FLORIDA,

1907> Sec. 51. That there shall be a Clerk, Treasurer and As-

• sessor of Taxes, all of which said offices shall be filled by

2Sp*aSS^*' one person; Provided, however, That the Council may by
ordinance separate said offices, and provide for them to be
filled by more than one person. The said Clerk, Treasurer
and Assessor shall perform the duties of said offices, and
shall be elected at the general election, serve for one year
or until his successor is elected and qualified. The com-
pensation of said officer shall be fixed by ordinance, and
shall not be changed during his term of office.

Sec. 5. That all laws or parts of laws in confiict with
the provisions of this act be and the same are hereby re-
pealed.

Sec. 6. That this act shall be of full force and effect
from and after its passage and approval by the Governor.
Approved May 1, 1907.



CHAPTEK 5818— (No. 223).

AN ACT to Legalize an Ordinance Entitled ''An Ordi-
nance to Provide for Issuing Bonds of the Aggregate
Amount of Eight Thousand Dollars of the Town of
Leesburg, in the State of Florida, for Dredging CaMala
and Other Municipal Purposes," Passed by the Town
Council of the Town of Leesburg December 10, 1900, and
Approved December 11, 1906, and to Declare and Bender
Valid the Election Held on December 22, 1906, in pur^
suance Thereof, and to Declare and Bender Valid the
Besult of Said Election as Shown by the Betums There-
of and to Authorize the Issue of Bonds as Proposed by
the said Ordinance and to Validate Such Bonds Here-



Online LibraryFloridaActs and resolutions adopted by the Legislature of Florida → online text (page 48 of 80)