one city or

of said tract of land. Said election shall be called and conducted, and the expense thereof paid by the corporate authorities of the said city or town; and the said tract of land shall not be annexed unless such annexation is approved by a majority of two-thirds of the registered voters actually voting at such election in said district and in said city or town. (z)

SEC. 45. If any incorporated city or town desires to annex Annexation of or to be annexed to any other incorporated city or town lying town to another contiguous thereto, such city or town shall so declare by ordi nance duly passed and approved, and transmit a copy of said ordinance to the mayor of the city or town which it desires to annex or be annexed to. The mayor of such city or town shall submit the said ordinance to the council of said city or town, and if the same is affirmed and concurred in by the said council, the mayor shall so notify the mayor of the city or town transmitting the same, whereupon each city or town shall call an election of their respective citizens, as provided in section forty-three of this chapter, and if a two-thirds majority of the registered voters actually voting in each city or town approve of such annexation, the same shall be duly consummated and the two cities or towns shall be consolidated under one municipal government, under the name of the city or town to which the other city or town is annexed, and the corporate authorities of the latter shall cause all the proceedings had as aforesaid to be duly recorded in the clerk's office of the county wherein such city or town is situated. All public property, rights and franchises theretofore belonging to the city or town so annexed, shall thereafter belong to the city or town annexing the same, which shall also assume and be liable for all the debts and obligations of the city or town so annexed, and the property and inhabitants of any city or town so annexed, shall be equally liable for all the debts and obligations, and subject to every species of taxation imposed upon the original inhabitants of the city or town to which they are annexed. (z)

Bonds.

Ditching, drain-
ing, grading,
filing in, &c.,
of lots and

vacant lands.

SEC. 46. No city or town shall issue bonds to secure any indebtness unsecured if the amount of such bonds, added to any bonds then outstanding, and its floating debt, shall exceed eight per cent. on the assessed value of such city or town; it being the intention of this section to limit the bonded debt of all cities and towns to eight per cent. of their assessed value, real and personal. (2) *

SEC. 47. If at any time the city or town council of any city or town in this State shall deem it necessary and expedient for the preservation of the public health, or for other good reason connected in any wise with the public welfare or the interests of the city or town and the people thereof, that any lot or lots, block or blocks, or vacant lands lying within the corporate

(z) Secs. 2 and 3, Chap. 3163, Act of March 4, 1879.

*Sec. 4 of Chap. 3163 is omitted because the Supreme Court has declared it unconstitutional. See 17 Fla., 238.

limits of such city or town, which may be lower than any street or streets adjoining the same, or the grade established therefor, or which may be subject to overflow or to the accumulation of pools of water thereon, or which may require to be ditched, drained, filled in, graded or otherwise improved or developed, it shall be lawful for such city or town council 17 Fla., 174. to devise, adopt and carry into effect, continue and complete, either through its corporate officers, or through such agents, trustees or contractors as said council may appoint or select, such plan or plans, scheme or schemes, for the ditching, draining, grading, filling, improving and developing of the lot or lots, blocks or vacant lands aforesaid, as may, in their judgment, be expedient and necessary for the public interests and the public health, or to continue and complete any scheme or plan heretofore devised and adopted as aforesaid. (c)

for above pur

SEC. 48. It shall be lawful for such city or town council, in Eminent doorder to carry out the powers vested in them by the preceding main powers section, to take possession of, occupy, appropriate, use and poses. control any land, timber, earth, sand, stone or other material owned by private individuals or corporations, lying in the territory proposed to be improved or adjacent thereto, as may be necessary for the proper and efficient carrying into effect of such proposed scheme or plan of draining, ditching, grading, filling in or other public improvement aforesaid. And such city or town council is further authorized and empowered to Laying off lay off such parks, streets, avenues, lanes, highways, canals, &c., and imetc., as may seem necessary and expedient for the public health proving the same for public and interest; and to open, fill in, grade, dig, dredge, widen, health and deepen and otherwise extend, enlarge, change and improve the same. And said city or town council shall have power and authority to alter, widen, fill in, grade or discontinue any park, discontinuing street, avenue, alley, highway or any other way which has here- highways, &C. tofore been laid out, fixed or established. (c)

parks, streets.

interest.

Altering and

City council

owners to fill in vacant lands.

SEC. 49. If at any time the city or town council shall deem it necessary or expedient for the preservation of the public may direct health, or for other good reasons, that any lot or lots or vacant lands then lying and being within the corporate limits of the city or town, which may be lower than any street or streets adjoining the same, or the grade established therefor, or which may be subject to overflow or to the accumulation thereon of ponds of water, should be filled in, it shall be lawful for such city or town council to direct the owner or owners of said lot or lots or vacant lands to fill in the same to such grade, and in such manner as the council shall direct. Such notice to be given by a resolution of the council duly passed, a copy of Copy of resolu which shall be served upon the owner or owners of said lot or served on lots or vacant land, or upon his or their agent, or if the owner owners. is a non-resident, or cannot be found within the city or town, and has no known agent within such city or town, a copy of

(c) Secs. 1 and 2, Chap. 3164, Act of March 11, 1879.

tion to be

Service-how

made.

On default of

may fill in.

such resolution shall be published for two weeks in some newspaper published in said city or town, and a copy posted upon said lot or lots or vacant lands. If the said owner or owners shall not, within such time as such resolution shall direct, fill owner council in the lot or lots or vacant lands as therein directed, it shall be lawful for the city or town council to cause the same to be filled in, and to charge and collect the expenses thereof upon the said owner or owners, which shall be a first lien upon said lot or lots or vacant lands, to be recorded and enforced in the same manner as prescribed by law for the record and enforcement of mechanics' liens. (d)

Expenses of improvements against real es tate specially

may be assessed

benefited to extent of onethird of expense.

Assessment

heretofore or

and invalid by

or irregularity,

SEC. 50. At any time within two years after any of the improvements or other work authorized and provided for in the preceding sections is completed, or any park, street, highway or other way is laid out, altered, widened, graded or discontinued, when in the opinion of the city or town council any real estate including that, a part of which may have been taken for that purpose, shall receive any benefit and advantage therefrom, beyond the general advantages to all real estate in the city or town where the same is situated, such city or town council may adjudge and determine the value of such benefit and advantage to any such estate, and may assess upon the same a proportional share of the expense of laying out, altering, widening grading or discontinuance; but in no case shall such assessment exceed one-third the amount of such expense, the balance to be borne by the general tax. (d)

SEC. 51. Any such assessment upon real estate for the purposes in the preceding sections of this chapter enumerated hereafter made, which have heretofore been made, or which may hereafter be reason of error made, and which may be invalid by reason of any error or irmay be remade. regularity in the making thereof, and which has not been paid, or which has been recovered back, may be remade by such city or town council to the amount for which the original assessment ought to have been made or might be made under the provisions of this chapter, and the same shall be a lien upon the estate, and be enforced in the same manner as is provided by law for the enforcement of mechanics' liens. (d)

Lien.

Expenses assessed to in

to land and buildings.

Measure of damages.

SEC. 52. The expense to be assessed upon the estates, as herein provided, shall include all damages for the land and clude damages buildings taken, and in estimating such damages all buildings on the land, a part of which is taken, shall be included, and there shall be deducted therefrom the value of the materials removed, and all buildings or parts of buildings remaining thereon, and the damages for land taken shall be fixed at the value thereof before the laying out, altering or widening, and in the same manner and upon the same conditions as are provided by law in other cases of laying out, altering, widening, grading or discontinuance of streets and ways. (d)

SEC. 53. If the owner of any building or materials on land,

(d) Secs. 3, 4, 5 and 6, Chap. 3164, Act of March 11, 1873,

of buildings or

owner neglects

the city of

a part or the whole of which is taken for the purposes named Removal or sale in this chapter, after reasonable notice in writing from the city material by or town council, shall refuse or neglect to take care of the same council when as public safety or the preservation thereof demands, the city to take care of or town council may remove such buildings or materials, either them. upon the adjoining land of such owner or otherwise, or may sell the same at public auction after five days' notice of such sale, and hold the proceeds of the sale for the benefit of such owner, and the expense incurred by such city or town council, or the value thereof to the owner, shall be allowed in reduction of the damages which said owner is entitled to recover. (e) SEC. 54. Any person owning real estate abutting on any park, street, canal, highway, or other way which may be laid Surrender to out, altered, widened, graded or discontinued, or on any public property abutor private property filled in or otherwise improved, as hereto- ting on highfore provided for, and liable to assessment under this law, to be laid out. may, at any time before the estimate of damages is made, give continued. notice in writing to the city or town council that he objects to the same, and elects to surrender his estate to the city or town where situated, and if said city or town council shall then adjudge that public convenience and necessity require the taking of such estate for the improvements named, they may take the whole of such abutting estate, and shall thereupon estimate the value thereof, excluding the benefit or advantages which have accrued from the laying out, alteration, widening, grading or discontinuance, or other improvements, and such owner shall convey the estate to such city or town, Conveyance which shall pay him therefor the value so estimated, and the to city. same may be recovered by an action of contract; and the city or town may sell any portion of said estate not needed for such improvements. (e)

way proposed

altered or dis

Lien of assessforcement

SEC. 55. All assessments made under this law shall constitute a lien upon the real estate so assessed, to be enforced in ments and enthe same manner, with like charges for costs and interest, as thereof. provided by law for the enforcement of mechanics' liens, and if the owner of the estate shall give notice to the city or town council at any time before demand is made upon him for payment thereof, that he desires to have the amount of such assessment apportioned, said city or town council shall apportion the same into three equal parts, with interest thereon from the date of the apportionment, to the annual tax of said estate for the three years next ensuing; and all assessments laid upon real estate, for any of the causes mentioned in this law, which shall remain unpaid after the same become due or payable, shall draw interest from the time when the same become due or payable, until the payment thereof. (e)

Interest.

SEC. 56. Any party aggrieved by the doings of such city or town council may apply by petition to the Circuit Court for Remedy of parties aggrieved. the county in which the estate is situated at any term thereof,

(6) Secs. 7, 8 and 9, Chap. 3164, Act of March 11, 1879.

260

Limitation.

Jury trial.

Costs.

within one year after the passage of order or proceedings upon
which the application is founded; and after due notice to the
city or town against which the petition is filed, a trial shall be
had at the bar of the court in the same manner in which other
civil causes are there tried by the jury, and if either party re-
quest it, the jury shall view the place in question. (ƒ)

SEC. 57. If the jury shall not reduce the amount of the assessment complained of, the respondent shall recover costs against the petitioner, which costs shall be a lien upon the estate, and be collected in the same manner as the assessment; but if the jury shall reduce the amount of the assessment, the petitioner shall recover costs, and all assessments shall be a Lien of assess- lien upon the estate for one year after the final judgment in any suit or proceeding where the amount or validity of the same is in question, and be collected in the same manner as original assessments. (f)

ments after

judgment.

Assessment of leaseholds.

Collection of from lessee.

Cities and towns must reorganize within nine months.

zations made

valid.

SEC. 58. When an assessment is made upon an estate, the whole or any portion of which is leased, the owner of the estate shall pay the assessment, and may thereafter collect of the lessee an additional rent for the portion of the estate so leased, equal to ten per centum per annum on that proportion of the whole sum so paid which the leased portion bears to the whole estate, after deducting from the whole sum so paid any amount he may have received for damages to the estate above what he has necessarily expended on such estate by reason of such damages. (f)

SEC. 59. All the powers and privileges conferred in and by this law may be exercised by any city or town, within the limits of this State, heretofore incorporated; and it shall be lawful for any previously incorporated city or town to reorganize their municipal government under the provisions thereof by a voluntary surrender of their charters and privileges, and by an organization under this law; and, upon a failure upon the part of any incorporated town or city to accept the provisions of this law within nine months after its approval, all the laws vesting such city or town with power are hereby repealed. (g)

SEC. 60. All incorporated cities and towns which, prior to Certain organi- February 4, A. D. 1869, reorganized under the provisions of an act entitled "An act to provide for the incorporation of cities and towns, and to establish a uniform system of municipal government in this State," approved August 6, A. D. 1868, and have since been exercising the privileges and powers granted by said act, and an act entitled "A bill to be entitled an act to provide for the incorporation of cities and towns, and to establish a uniform system of municipal government in this State," approved February 4, A. D. 1869, or any law passed subsequent to said last named act, be and the same are hereby

(f) Secs. 10, 11 and 12. Chap. 3164, Act of March 11, 1879.

(g) Sec. 30, Chap. 1688, Act of Feb. 4, 1889.