organization and dissolution of...

Ch. 165 ORGANIZATION AND DISSOLUTION OF MUNICIPALITIES Ch. 165

governments, and all the officers of the same, shall have the powers and privileges granted by law, approved February 4, A. D. 1869, and all subsequent laws relating to municipal corporations and the governments of the same.

Hiotory.-§2, ch. 1885, 1872; RS 727; GS 1101; RGS 1948; CGL 3081.

165.25 Voluntary retirement with half pay authorized for elective officers of cities or towns; appropriation.-From and after June 3, 1939, whenever any elective officer of any city or town of this state has held any elective office of such city or town for a period of twenty years or more consecutively, or for a period of twenty years or more consecutively except for one period not exceeding six months, such elective officer may voluntarily resign or retire from such elective office with the right to be paid, and he shall be paid on his own requi.sition, by such city or town, during the remamder of his natural life, a sum equal to one half of the full amount of the annual or monthly salary that such city or town was authorized by law to pay said elective officer at the ti~e of his resignation or retirement; and such c1ty and town shall appropriate and provide in its annual budget sufficient moneys to meet the requirements of this section. In cases where an elective officer during his term of office entered or enters and served or serves in the armed forces of the United States during any period during which the United States was or shall be engaged in war and thereafter was or shall be appointed or again elected to the same elective office prior to discharge from such service in the armed forces, such time of service in the armed forces shall not be construed to be a break in consecutive service and shall be counted in determining the years of consecutive service of such elective officer.

History.-§1, ch. 19247, 1939; COL 1940 Supp. 2998(1); §1, ch. 57-805; §1, ch. 65-455.

165.26 Proceedings to surrender franchise.Any city or town incorporated under the laws of this state may surrender its franchise in the following manner: Upon petition of onethird of the registered voters of such city or town, the mayor shall issue a proclamation ordering an election to be held in such city or town on a day not less than thirty nor more than sixty days from the issuance of the proclamation. Those wishing to vote in favor of a surrender shall have written or printed on their tickets the words, "For Surrender of the Franchise," and those wishing to vote against a surrender shall have written or printed on their tickets the words, "Against Surrender of Franchise." The election shall be conducted, and the returns canvassed, under such rules and regulations as the town or city council may prescribe. If two-thirds of the votes cast at such election shall be in favor of the surrender of such franchises they shall stand and be deemed surrendered from the thirtieth day after the election.

Hlotory,-§1, ch. 3317, 1881; RS 728; GS 1102; RGS 1949; CGL 3082.

165.27 Certificates of result of election. -The city or town council shall cause to be

entered upon the minutes of its proceedings, immediately after the result of said election is declared. a certificate or declaration of the result thereof, and they shall also transmit a certified copy thereof to the secretary of state, and if the result is in favor of a surrender he shall give notice in two gazettes of such surrender and record such certificate in a book to be kept for that purpose.

Hlotory.-§1, ch. 3317, 1881; RS 729; GS 1103; RGS 1950; CGL 3083.

*165.28 Payment of debts.-If such city or town, at the time of dissolution, shall owe any debt, any property or assets of such municipality which belonged thereto at the time of such dissolution shall be subject to legal' process for the payment of such debt. After the payment of all the debts of said dissolved municipal corporation, any money or other assets, the title to which is vested in said corporation, shall escheat to the general fund of the county wherein located. If, however, it shall be necessary in order to pay any such debt, to levy any tax or taxes on the property in the territory or limits of the dissolved municipality, the same may be assessed and levied by order of the county commissioners of the county wherein the same is situated and shall be assessed by the county assessor of taxes and be collected by the county tax collector. The proceedings in the assessment, collection, receipt and disbursements of such taxes shall be like the proceedings concerning county taxes as far as applicable.

Hlotor:t.-§1, ch. 3317, 1881; RS 730; GS 1104; RGS 1951; COL 3084; §4, ch. 67-159.

•Note.-Elfectlve January 1, 1968.

165.29 Sections not applicable in certain counties.-Sections 165.01-165.08 shall not apply to or be effective in any county having a population of not less than three hundred ninety thousand nor more than four hundred fifty thousand according to the latest official decennial census.

Wstory.-§1, ch. 23615, 1947; §1, ch. 57-833; §1, ch. 61-3.

165.30 Municipal corporation, validity of existence; quo warranto.-Any person, or persons, association of persons, or corporation, who shall be the owner or owners of lands located and situate within the territorial boundary of a city, town or hamlet within the state shall have the right, upon refusal of the attorney general to institute proceedings in the name of the state upon the relation of such person or persons, to institute proceedings upon writs of quo warranto, or upon information in the nature of such writs, in the name of the state, to attack or challenge the validity of the municipal corporation wherein such lands are located, and the legal existence of its corporate franchises. In all such proceedings, the said municipal corporation and the members of its governing body shall be made parties defendant. The information filed in such proceedings shall set forth under oath a prima facie case of right in the relator or relators to challenge the validity of the municipal corporation of the exercise by it of its municipal franchises. Hlotory.-comp. §1, ch. 25275, 1949.

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Ch. 166 MUNICIPAL CHARTER AND CHARTER AMENDMENT Ch. 166

CHAPTER 166

MUNICIPAL CHARTER AND CHARTER AMENDMENT

166.01

166.02

166.03

166.04

166.05

166.06 166.07 166.08 166.09

Municipalities may amend or alter their charters; proviso.

Charter or amendments proposed by charter board; board elected.

Membership of board; qualifications of members.

Council may by resolution call election for purpose of electing charter board; proviso.

Election may be called by petition to council; form of petition.

Notice of election. Manner of holding election. Organization of charter board. Dut y of charter board; expenses of

board.

166.01 Municipalities may amend or alter their charters; proviso.-Every city and town in the state, whether incorporated by a special act or under the general laws of the state relating to cities and towns, in the manner herein prescribed, may alter or change the numbers, powers, duties, compensation, terms of office, and the time and manner of election or appointment of any and all officers and boards, whether created by or recognized in state legislation or ordinances; abolish any or all offices and boards, whether created by or recognized in state legislation or ordinances, and create such offices and boards as may be deemed proper for the government of such city or town, and provide the manner of their election or appointment, and otherwise determine the manner in which its corporate powers shall be exercised, by amending its charter, or adopting a new charter, consistent with the constitution and the general laws of the state; or whenever a city or town has, by special laws, greater or more extensive powers than those conferred on cities and towns by the general laws of the state, then and in that case, consistent with such special laws giving such city or town special powers and in other respects consistent with the constitution and general laws of the state; provided, however, that this article shall not be so construed as to authorize any city or town to enlarge its corporate powers beyond the limitations prescribed by law except that it may extend its territorial bou~daries as provided by law.

Histor:T.-11, ch. 6940, 1915; RGS 1971; CGL 3127.

166.02 Charter or amendments proposed by charter board; board elected.-A charter or amendments to the charter of any city or town . may be proposed only by a charter board, consisting of the number of members hereinafter designated, who shall be elected by the qualified voters of each city or town not oftener than once in every two years, at a time to be designated by resolution of the council or legislative department of such city or town, or at a time to be so designated on petition of twenty per cent of the qualified voters of such city

166.10

166.11

166.12

166.13

166.14

166.15

166.16

Submission of proposed charter or amendments to the qualified voters; form of ballot.

Proposed charter or charter amendments to be published prior to election; notice of election.

Appointment of election commiSSIOners; to hold election and canvass returns.

Charter or charter amendments and returns to be recorded.

Rights vested under new charter or charte•r amendments.

Officers whose offices are abolished to hold office until successors elected.

Municipal officers; suspension; re-moval from office.

or town· provided, that if said resolution is adopted 'not more than ninety days and not less th~n forty days before any general ci~ or town election, then the members of sa1d board shall be elected at such general election.

Hlstory.-§2, ch. 6940, 1916; RGS 1972; CGL 8128.

166.03 Membership of board; qualifications of members.-Charter boards shall be composed of the following number of members: In cities and towns having a population of five thousand or less, five members; in cities having a population of more than five thousand and not more than twenty thousand, nine members; and in cities having a population of more than t.wen~ thousand; fifteen members; the population m each instance to be determined by the federal or state census, as the case may be, next preceding the election of said board. The members of said board must be resident qualified voters of the city or town for which they are elected.

Hlotory.-§8, ch. 6940, 1916; RGS 1973; CGL 8129.

166.04 Council may by resolution call election for purpose of electing charter board; proviso.-Whenever the council or legislative department of any city or town deems it for the best interests of its citizens that a change be made in the form of the municipal government, it may adopt a resolution, by a majority vote of all its members, calling an election to be held on a day to be specified in said resolution, not less than forty days nor more than ninety days thereafter, for the purpose of electing a charter board by the qualified electors of such city or town; provided, however, that whenever any such election has been held, no other resolution for that purpose shall be adopted earlier than ninety days prior to the expiration of two years after the holding of such election.

Hlstor:r.-§4, ch. 6940, 1916; RGS 1&74; CGL 8130.

166.05 Election may be called by petition to council; form of petition.-

(1) If the council or legislative department of any city or town shall not within ninety days after this act shall take effect, or within ninety days after the expiration of

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two years from the time a charter board was last elected therefor, adopt a resolution calling an election for the purpose of electing a charter board, an election may then be called for that purpose on petition to the council or legislative department of such city or town, requesting the council or legislative department thereof to call such election as aforesaid. Said petition shall be signed by at least twenty per cent of the qualified voters of such city or town, and each signer thereof shall add to his signature his place of residence, giving the street and number, if any. One of the signers of each separate paper containing the signatures of voters signing said petition shall make oath before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

(2) On the presentation to the council or legislative department of the city or town of such petition, whether on the same or different papers, said petition shall be immediately referred to the clerk or secretary of the council or legislative department and the registration officer or similar officer of said city or town, and provision shall at the same time be made for such clerical assistance as may be necessary for comparing the names on said petition with the registration books, so that the work may be completed within ten days.

(3) If the number of names on such petition are not sufficient to call an election, as herein provided, said officers shall retain said petition and receive additional petitions of the same character and for said purpose for a period of thirty days, unless the requisite number is sooner obtained, when they shall finally canvass the same and shall certify the result thereof to the council or legislative department of such city or town.

( 4) If the requisite number of the signatures of qualified voters to warrant the calling of such election appear on said petition or petitions and from the certificate of the canvass thereof, and said election shall not have been called by the council or legislative department, then it shall forthwith adopt a resolution designating a day for the holding of such election, which shall not be less than forty days nor more than ninety days after the adoption of such resolution.


166.06 Notice of election.-Notice of said election shall be given by the clerk or secretary of the council or legislative department, by publishing the same in a newspaper published in such city or town once each week for four consecutive weeks next preceding said election, the first publication thereof to be not less than twertty-five days prior to such election; but if no newspaper is published in such city or town, then said notice shall be published as aforesaid in a newspaper published in the county, and three copies of said notice shall be posted at least twenty-five days before said election in said city or town, one at

the city or town hall, and at two other conspicuous places in such city or town.


166.07 Manner of holding election.-The officers whose duty it is to provide for the holding of elections in such city or town shall make all necessary arrangements for the holding of such election for electing a charter board, and the same shall be held and the expenses thereof paid in the same manner as elections are therein held for the election by qualified voters of city or town officers; and the number of candidates equal to the number of members to be elected, who receive the highest number of votes at said election, shall be thereby elected members of the charter board.


166.08 Organization of charter board.-The members of said charter board shall, within thirty days after their election, meet and organize by electing a chairman and adopting rules of procedure. The clerk or secretary of the council or legislative department of such city or town shall be clerk of said board, and he shall keep minutes of all the proceedings of said board, and the same shall be entered in a book to be provided for that purpose, and shall be kept as a public record in his office. All meetings of said board shall be held at the city or town hall and shall be open to the pqblic.


166.09 Duty of charter board; expenses of board.-The charter board, as soon as organized, shall consider a new charter or amendments to the charter, and shall draft such charter or amendments to the charter as they may deem proper, which draft shall be signed and adopted by a majority of all the members of said board, and their work shall be concluded within ninety days after their election. No resolution adopted or petition filed under the provisions of this chapter shall be construed as a limitation on the powers of said board in any manner other than as provided in this chapter. The expenses of said board shall be paid by the city or town when the same shall be certified by the chairman and secretary of said board to the proper offiicials of such city or town.


166.10 Submission of proposed charter or amendments to the qualified voters; form of ballot.-The charter or charter amendments proposed by the charter board shall be submitted to the qualified voters of the city or town at a general or special election at a time to be designated by said board, which shall be within sixty days after their final adjournment. Said board shall prescribe in the proposed ·charter or charter amendments the form of ballot to be used at such election, which shall be, as nearly as practicable, the same as required in other elections; and said board shall submit said proposed charter or charter amendments as a whole, and the subject matter of

603


the proposed charter or charter amendment shall be briefly stated on the ballot, so that each voter shall have the opportunity of voting for or against the approval of the same.


166.11 Proposed charter or charter amendments to be published prior to election; notice of election.-The clerk or secretary of the council or legislative department of such city or town shall have said proposed charter or charter amendments, together with a notice of the election, published in a newspaper published in such city or town once each week for four successive weeks next preceding said election, the first publication thereof to be not less than twenty-five days prior thereto; but if no newspaper is published in such city or town, the said charter or charter amendments and notice of election shall be published as aforesaid in a newspaper published in the county, and three copies of said charter or charter amendments and said notice of election shall be posted for at least twenty-five days prior to said election in said city or town, one at the city or town hall and at two other conspicuous places in said city or town.


166.12 Appointment of election commissioners; to hold election and canvass returns.-

(1) Said charter board shall appoint three of their number who shall act as a board of election commissioners for the purpose of holding said charter election and canvassing the returns and certifying the results thereof, and they shall have all the powers and perform all the duties pertaining to such election as the council or legislative department or other city or town officers have and perform in the holding of general city or town elections. Said charter elections shall be held, as nearly as may be, in the same manner as other city or town elections, and the expenses thereof shall be paid by the city or town.

(2) If, at said election, a majority of the qualified voters voting thereat shall ratify the proposed charter or charter amendments, it or they shall, at the end of ninety days thereafter, unless a different time be therein provided, become the charter or part of the charter so amended, as the case may be.

History.-§12. ch. 6940, 1915; RGS 1982; CGL 8188.

166.13 Charter or charter amendments and returns to be recorded.-Whenever any charter or charter amendment shall be adopted as provided in §166.12, it, together with the certificate of the officers canvassing the returns of said election, shall be recorded among the ordinances of the city or town, and a certified copy thereof shall be recorded in the office of the clerk of the circuit court in the county in which such city or town is located, and also in the office of the secretary of state, in a book to be provided in each of said offices for that purpose, to be known and designated as "Municipal Charters," and when so recorded, the courts

of this state shall take judicial notice thereof. History.-§18, ch. 6940, 1915; RGS 1988; CGL 8139.

166.14 Rights vested under new charter or charter amendments.-Any city or town adopting a new charter or charter amendment under the provisions of this chapter shall succeed to the title, right and ownership of all property, uncollected taxes, dues, claims, judgments, decrees and chases in action held or owned by the municipal corporation or corporations, within its territorial boundaries, and the same shall pass to and be vested in such city or town, and it shall assume all debts and liabilities of the city or town of which it may be the successor by reason of the adoption of such charter or charter amendments as aforesaid.


166.15 Officers whose offices are abolished to hold office until successors elected.-All officers of any city or town, whose offices may be abolished by a new charter or charter amendments, shall hold office until their successors, under such new charter or charter amendment, shall be elected and qualified.


166.16 Municipal officers; suspension; removal from office.-

(1) When any grand jury shall present or return a true bill against any elected or appointed munieipal official as a result of actions of such official arising directly or indirectly out of or pertaining to his official conduct or duties, the governor shall have the power to suspend sueh municipal official from office.

(2) No munieipal official having been suspended from office under this act may perform any official act, duty or function during his suspension, nor shall he receive any pay or allowances during his suspension, nor shall he be entitled to any of the emoluments or privileges of his office during suspension.

(3) If the municipal official is adjudged guilty of any of the charges eontained in the indictment for reason of which he was suspended under the provisions of this act, the governor shall remove such municipal official from office.

( 4) If the municipal offieial is acquitted or cleared of the charges contained in the indictment for reason of which he was suspended under the provision of this section, then the governor shall forthwith revoke the suspension and restore such municipal official to office and he shall be entitled to and be paid full back pay and such other emoluments or allowances to which he would have been entitled for the full period of time of his supension, provided that if during his suspension the term of offlee of such municipal official expired and a successor was either appointed or elected, then such baek pay, emoluments or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section and he shall not be reinstated.

Hlstory.-U, ch. 67-66.

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Ch. 167 GENERAL POWERS OF MUNICIPALITIES Ch. 167

CHAPTER 167

GENERAL POWERS OF MUNICIPALITIES

167.01 Powers as to streets, sewers, ruins, etc.

167.02 Streets, pavements and sidewalks. 167.03 Citizens in cities and towns to keep

streets in repair in certain cases. 167.04 Ordinance in reference to §167.03. 167.05 To abate nuisances and preserve pub

lic health. 167.06 City council may have garbage re

moved. 167.07 Ditching, filling, etc., by municipality. 167.08 May take property for purposes of

§167.07. 167.09 Parks, streets, etc. 167.10 May require owners to drain, fill, etc. 167.101 Fencing of private swimming pools. 167.11 Real estate specially benefited assessed

one third expense. 167.12 Irregular assessments may be re-made. 167.13 Damages to buildings, etc. 167.14 Disposition of buildings, etc., when

owner neglects. 167.15 Surrender of property to city. 167.16 Lien of assessment; installments. 167.17 Remedy of party aggrieved. 167.18 Costs and lien in such proceedings. 167.19 Assessment of leasehold. 167.20 Acquisition and enforcement of lien. 167.21 Wharves, vessels, bridges, ferries, fires,

improvements. 167.22 Term for which franchise may be

granted; conditions. 167.23 Forfeiture of franchise in certain

cases. 167.24 Procedure. 167.25 Pleading, practice and procedure. 167.26 Judgments. 167.27 Appeals. 167.28 Support of public schools, poor, etc. 167.29 Establishing and maintaining library;

election; tax. 167.30 Library board. 167.31 Funds for support and maintenance;

special fund; disbursements. 167.32 General powers of library board; ap

pointment of librarian, etc. 167.33 Free use of library by inhabitants of

city; proviso. 167.34 Reports of library board to council. 167.35 Amendment of bylaws. 167.36 Penalty for violation of rules recov

ered by civil action. 167.37 Donation to library; title to vest in

library board. 167.38 Property exempt from execution and

taxation. 167.39 Circulating library. 167.40 To provide for election of officers. 167.41 Tax assessor may be abolished by or-

dinance of municip,al corporation. 167.42 To regulate compensation of officers. 167.421 Group insurance for municipal employ

ees and officers. 167.43 To impose and collect taxes.

167.431 Municipalities authorized to levy tax on public services.

167.432 Exemption of churches, utility tax. 167.44 Town valuation not to exceed state. 167.441 Millage limitation. 167.442 Referendum for millage in excess of

limits. 167.443 Millage to replace lost revenue. 167.444 Existing millage in excess of limits. 167.445 Withholding of state funds. 167.45 Special tax for water works and fire

protection. 167.46 Collection of and sale for taxes. 167.47 Advertisement of tax sales. 167.48 Limitations of appropriations and war

rants. 167.49 Entry and endorsement of refusal or

failure to pay warrants; penalty. 167.50 Book to be furnished treasurer. 167.51 Licenses may be required for stationary

steam engineers in cities over five thousand population.

167.52 Appointment of inspectors. 167.53 Powers of examiner. 167.54 Penalty for engineer accepting employ

ment without passing examination. 167.55 Penalty for employing other than li

censed engineer. 167.56 Penalty for refusal to allow boiler in

spection. 167.57 Cities and towns to fix rates and

charges for water. 167.58 May take census. 167.59 Under regulations of council. 167.60 Census taken, filed with clerk. 167.61 Municipalities required to keep books

of account; annual financial reports; examinations of finances; penalty.

167.62 Cities required to provide day and night shifts of firemen; general alarm (cities of fifteen thousand or more).

167.63 Number hours firemen required to remain on duty (cities of fifteen thousand or more).

167.632 Maximum hours of duty for firemen in certain cities.

167.64 Term "Firemen" defined (cities of fifteen thousand or more).

167.65 Right of eminent domain conferred on cities and towns; purposes.

167.651 Ambulance service; declared to be municipal purpose; use of municipal funds; agreements with other governmental agencies for operation and maintenance; charges.

167.66 Legislative department of city or town may authorize acquirement of property by eminent domain.

167.67 Tax for municipal band; petition; rererendum.

167.68 Cancellation of tax for municipal band; petition; referendum.

167.69 Purchase of lands for national defense.

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167.70 Cemeteries and burial grounds of municipal corporations.

167.71 Authorizing agreements with the federal housing administration for purpose of restricting use of certain defined areas.

167.72 Homestead exemption; method of filing.

167.73 Charges for use of services and facilities of municipalities.

167.01 Powers as to streets, sewers, ruins, etc.-The city or town council may regulate, improve, alter, extend and open streets, lanes and avenues, to cause encroachments and obstructions, decayed buildings and ruins to be removed; construct drains and sewers, and make to the parties injured thereby such reasonable compensation. and charge upon those benefited such reasonable assessments as may be agreed upon by said council and the said party or parties; and in case no such agreement can be made, then the council shall appoint five discreet persons, holders of real estate in said city or town, to ascertain and fix on the one hand a fair and equitable assessment, and on the other a just compensation, and that the said assessment shall be a lien on the real estate improved and assessed; and every person who enters his particular drain into the main drain, or common sewer, and receives a benefit therefrom draining his land, shall pay to the city or town his proportional part of making or repairing the same.

Hlstory.-§12, ch. 1638, 1868; §2, ch. 3024, 1887; RS 675; GS 1015; RGS 1843; CGL 2953.

167.02 Streets, pavements and sidewalks.The city or town council may regulate and control the grading, construction and repairs of all streets, pavements and sidewalks, and require the owners of real estate within the corporate limits to construct uniform and substantial sidewalks around their several lots, and to keep the same in repair; and upon failure to do the same within the time and manner prescribed, the said council may have the same done, which shall be a lien against said lots, which lien may be enforced in the manner provided in §167.20.

Hlstorz.-§3, ch. 3024, 1887; RS 676; GS 1017; RGS 1845; CGL 2965.

167.03 Citizens in cities and towns to keep streets in repair in certain cases.-The citizens of incorporated cities and towns in this state containing less than three thousand inhabitants shall keep all public roads and streets in the li~its of such cities and towns in good repair, agreeable to such ordinance, or ordinances, as may be enacted by the town council and approved by the mayor.

Hlstory.-§1, ch. 4772, 1899; GS 1018; RGS 1846; CGL 2956.

167.04 Ordinance in reference to §167.03.The town council of each city or town in this state containing less than three thousand inhabitants may pass an ordinance, or ordinances, for the keeping of the public roads and streets within the limits of their respective cities and

167.74 Municipality; investment of surplus funds.

167.75 Encroachments in public streets and alleys.

167.76 Apportionment of funds received from tax foreclosures.

167.77 Lease of municipal owned landB for nonpublic use.

towns in good repair, and to provide and enforce penalties for the violation of the same.

29~~story.-§2, ch. 4772, 1899; GS 1019; RGS 1847; CGL

167.05 To abate nuisances and preserve public health.-The city or town council may prevent and abate nuisances; require owners and occupants of lots upon which pools of water are, or are likely to be, to fill them up; prevent or remove any accumulation of trash, filth, or other matter on or within their premises, and the streets adjacent, which may cause disease, or affect the health of the city or town; require the owners of lots, unoccupied as well as occupied, to keep down, by cutting and removing the same, all excessive growth of weeds and other noxious plants; regulate and compel persons to erect and keep in repair partition fences, and pass all laws and ordinances which may be necessary for the preservation of the public health.

Hlstory.-§14, ch. 1688, 1869; RS 677; GS 1020; RGS 1848; CGL 2958.

167.06 City council may have garbage removed.-The council of any city or town of this state, whether said city or town be incorporated under the general incorporation act, or under a special charter, may enter into an agreement with any individual, company or corporation for the gathering and disposal of its waste, garbage, night soil, dead animals and other refuse of said city or town, upon such terms and for such period of time, not to exceed thirty years, as may be agreed upon between said city or town council and individual, company or corporation; provided, that if such agreement involve a greater annual cost to said city or town than it is now paying for the same quality or amount of service, said agreement shall be ratified by a majority of votes of the freeholders of said city or town, and voting at an election to be held for that purpose; and provided further, that if such election be held, a copy of said agreement, together with a notice of said election shall be published in a newspaper in said city or town for four consecutive weeks prior to said election.

H lstor;y.-§1, ch. 5258, 1903; GS 1047; RGS 1874; CGL 2984.

167.07 Ditching, filling, etc., by municipality.-If at any time the town or city council of any city or town in this state shall deem it necessary or 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

606


people thereof, that any lot or lots, block or blocks, or vacant lands lying within the corporate 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 is lawful for such city or town council 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, block or blocks, or vacant lands aforesaid, as may in their judgment be expedient and necessary for the public interest and the public health, or to continue and complete any scheme or plan heretofore devised and adopted as aforesaid. clf£st29l<J:-§1, ch. 8164, 1870; RS 678; GS 1021; RGS 1849;

167.08 May take property for purposes of §167.07.-It is lawful for such city or town council, in order to carry out the powers vested in them by §167.07, to take possession of, occupy, appropriate, use and 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 drainage, ditching, grading, filling, or other public improvements aforesaid. c:Lt~1o-:-§ll, ch. 3164, 1870; RS 670; OS 1022; ROB 1850;

167.09 Parks, streets, etc.-The city or town council or commission, whether created by special act or general law, may lay off such parks, public squares, streets, avenues, lanes, highways, canals, etc., as may seem necessary and expedient for the public health or interest, and open, fill in, grade, pave, dig, dredge, widen, deepen, and otherwise enlarge, change and improve the same; and the said city or town council or commission may alter, widen, fill in, grade, pave, change or divert the use of all or any part thereof or discontinue any public park, public square, street, avenue, highway or any other way which has heretofore been or shall hereafter be laid out, either by cities or persons, natural or artificial, fixed or established in any manner whatsoever; provided that no authority herein granted shall be applicable to any designated state road without the concurrence of the state road department.

mstory.-§3, ch. 3164, 1879; RS 680; ch. 5461, 1005; OS 1023; ROS 1851; COL 2061; §1, ch. 25004, 1040; §10, ch. 26484, 1051.

167.10 May require owners to drain, fill, etc.-If at any time the city or town council shall deem it necessary or expedient for the preservation of the public 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, or ditched and drained, it is 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, or to ditch or drain the same, in such manner as the council shall direct. Such notice to be given by a resolution of the council duly passed, a copy of which shall be served upon the owner or owners of said lot or lots or vacant land, or upon his or their agent, or if the owner 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 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 in, ditch or drain the lot or lots or vacant lands as therein directed, it is lawful for the city or town council to cause the same to be done and to charge and collect the expenses thereof upon the said owner or owners, which shall give the municipality a lien on such lot or land to be enforced as provided in §167.20.


167.101 Fencing of private swimming pools.-Any municipality may by ordinance require and regulate the fencing of private swimming pools.

Wsto..,-.-§1, ch. 60-116.

167.11 Real estate specially benefited assessed one third expense.-At any time within one year 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. paved or discontinued, when, in the opinion of the city or town council any real estate, including that 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 real estate, and may assess upon the same a proportional share of the expense of laying out, altering, widening, grading, paving 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. The city or town council may permit the person or persons liable for said amount to pay the same in installments, to be paid at such time and with such interest (not to exceed six per cent per annum) as it may determine, and may require :;aid persons to issue to it negotiable obligations for said installments, which

607


shall constitute a lien upon the property against which assessment is made.

History.-§4, ch. 3164, 1879; RS 682; GS 1030; RGS 1858; §1, ch. 9175, 1923; CGL 2968.

167.12 Irregular assessments may be remade.-Any assessment upon real estate for the purposes in §167.11 enumerated, which has heretofore been made or which may hereafter be made, and which may be invalid by reason of any error or irregularity in the making thereof, and which has not been paid, or which has been recovered back, may be re-made 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 manner provided in §167.20.

History.-§5, ch. 3164, 1879; RS 683; GS 1031; RGS 1859; CGL 2969.

167.13 Damages to buildings, etc.-The expense to be assessed upon the estate, as herein provided, shall include all damages for the land and 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.


167.14 Disposition of buildings, etc., when owner neglects.-If the owner of any buildings or matPrials on land, a part or the whole of which is taken for the purposes named in this chapter, after reasonable notice is given in writing from the city or town council, shall refuse or neglect to take care of the same as public safety or the preservation thereof demands, the city or town council may remove such buildings or materials, either 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.


167.15 Surrender of property to city.-Any person owning real estate abutting on any park, street, canal, highway or other way which may be laid out, altered, widened, graded or discontinued, or any public or private property filled in or otherwise improved, as heretofore provided for, and liable to assessment under this law, may, at any time before the estimate of damages is made, give 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, which shall pay him therefor the value so estimated, and the 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. cJli.s~97~:-§8, ch. 3164, 1879; RS 686; GS 1034; RGS 1862;

167.16 Lien of assessment; installments.All assessments made under this chapter shall constitute a lien upon the real estate so assessed, 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 becomes due or payable, shall draw interest from the time when the same became due or payable until the payment thereof. cJli.st;

9Va:-§9, ch. 8164, 1879; RS 687; GS 1035; RGS 1863;

167.17 Remedy of party aggrieved.-Any party aggrieved by the doings of such city or town council may apply by petition to the circuit court for the county in which the estate is situated at any term hereof, within one year after the passage of the order or after the 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 requests it, the jury shall review the place in question; provided, that if the municipality shall bring suit to enforce a lien in the premises within such year, the defendant shall make his objections to the order or proceedings aforesaid as defenses to such suit.

Hlstory.-§10, ch. 3164, 1879; RS 688; GS 1036· RGS 1864; CGL 2974. '

167.18 Costs and lien in such proceedings. -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,

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and all assessments, shall be a 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.


167.19 Assessment of leasehold.-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 cent per annum on j;hat portion 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.


167.20 Acquisition and enforcement of lien. -In all cases mentioned in this chapter in which the municipality shall be entitled to liens on lands, such liens for improvements, assessments, work done and materials furnished, or either, may be acquired and enforced in the manner provided for the acquisition and enforcement of liens upon real property provided for by part II of chapter 713. The owner shall also be personally liable for the said value. In case the land belongs to an infant, married woman, or person non compos mentis, suit in equity shall be brought to enforce a lien, service in such suit shall be made on such defendant and the court shall appoint a guardian ad litem for such defendant as in other cases.

Hlstory.-RS 691; GS 1039; RGS 1867; CGL 2977.

167.21 Wharves, vessels, bridges, ferries, fires, improvements.-The city or town council may construct wharves, quays and docks; regulate wharfage, dockage, and the moorings and anchorage of vessels within the corporate limits, unless otherwise provided by law; construct bridges, establish ferries, and fix the rates of ferriage and tolls; erect all necessary public buildings and control and dispose of the same as the interests of the city or town may require; make and sink wells, erect pumps, dig drains; pass all necessary laws to guard against fires and to insure the sweeping of chimneys; provide for the lighting of streets of the city or town; inclose and improve such public squares or parks as may adorn the city or town, and improve and beautify the public cemetery for the burial of the dead; and do and perform all such other act or acts as shall seem necessary and best adapted to the improvements and general interest of the city or town.

Hlstory.-§15, ch. 1688, 1869; RS 693; GS 1041; RGS 1868; CG L 2978.

state shall give or grant any franchise or right to use any street for the purpose of operating along or across the same any street railroad, water works, telephone, gas or electric business or other business requiring the use of mains, pipes or wires in any street, for any term exceeding thirty years; or without reserving the right and requiring the grantee of such franchise or right, as a condition precedent of the taking effect of the grant, to give and grant to the municipality the right at and after the expiration of such term to purchase the street railroad, water works, telephone, gas or electric plant, or other property used under or in connection with such franchise or right, or such part of such property as the municipality may desire to purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration as may be provided by law. Any such franchise or right which shall be granted for a longer time or without conditions herein provided, shall be void.


167.23 Forfeiture of franchise in certain cases.-Whenever any street railroad, gas, electric lighting, telephone, telegraph, or other company or corporation, person, or firm, which has received or shall receive from any municipal corporation in this state any franchise, grant, right, privilege, license or immunity to use, or under which such company, corporation, person or firm, shall use, any of the streets, or parts thereof within such municipal corporation for the placing and maintaining in such streets of any tracks, pipes, wires, poles, or other things necessary to the carrying on of the business of such company, corporation, person or firm, shall violate any of the terms, conditions or provisions of such grant, privilege, right, license or immunity, or shall fail to comply with any reasonable provision of any ordinance of such municipal corporation regulating the use by such company, corporation, person or firm of the streets so used by such company, corporation, person or firm, and shall continue to violate the terms, conditions or provisions under which such franchise, grant, privilege, right, license or immunity was given, or to violate the reasonable provisions of such ordinance, regulating the use by such company, corporation, person or firm, of such streets, for a period of five days after said company or corporation shall have been notified in writing by the mayor or chairman of the board of public works, or president of the city council, of such municipal corporation, to desist from such violation, then said company, corporation, person or firm, shall be deemed to have forfeited and annulled, and shall thereby forfeit and annul, all of the said franchises, grants, privileges, rights, licenses and immunities, and such forfeiture shall be so declared by the judge of the circuit court of

167.22 granted;

Term for which franchise may be the county in which such municipal corporation conditions.-No municipality in the shall be located, upon the affirmative finding

609


of a jury trying the case, as prescribed in §§167.24-167.27.

29g~story.-§1, ch. 4052, 1891; GS 1024; RGS 1852; CGL

167.24 Procedure.-(!) Whenever any company, corporation,

person or firm, mentioned in §167.23, shall fail to strictly comply with any of the said terms, conditions, or provisions of any franchise, grant, privilege, right, license, or immunity, or any reasonable provisions of any ordinance, regulating the use by such company, corporation, person or firm, of the streets so used by such company, the mayor of such municipality, and in case of his failure to act, then the chairman of the board of public works, or if there be no such officer, then the president of the city council, shall notify in writing said company, by serving upon some general officer of such company, or some superintendent or other agent in charge of the property of such corporation, notice of its failure to comply with the terms, conditions or provisions of such franchise, grant, privilege, right, license, or immunity, or the reasonable provisions of such ordinance.

(2) Said notice shall specify in a general way so as to be reasonably understood, the particular terms, conditions, or provisions of the franchise, grant, privilege, right, license, or immunity or ordinance, which have been, or are being violated, and shall name a time not less than five days thereafter, within which to strictly comply with such terms, conditions, or provisions. If any such company, corporation, person or firm shall, after service of such notice, fail to strictly comply with any of such terms, conditions or provisions, within the time therein prescribed, (not less than five days), then and from thenceforth said company, corporation, person or firm shall be deemed to have forfeited and annulled all of its said franchises, grants, privileges, rights, licenses and immunities, and a petition shall be filed in the name of such municipality in the office of the clerk of the circuit court for the county within which such municipality lies, addressed to the judge of the circuit court of said county, alleging a forfeiture and annulment by such company, corporation, person or firm, of such franchises, grants, privileges, rights, licenses or immunities so given, and setting out the facts upon which such forfeiture and annulment are claimed.


167.25 Pleading, practice and procedure.Upon the filing of such petition as provided in §167.24 a copy thereof shall be made by the clerk of the circuit court, and shall be served upon such person or firm, or upon some general officer of such company or corporation, or upon some superintendent, or other agent in charge of the property of such company, corporation, person or firm, by the sheriff of said county, and such company, corporation, person or firm, within twenty days after such

service, shall answer to such petition, and thereafter the petitioner and the respondent shall have twenty days within which to plead to the other's pleadings, unless greater time shall, for good cause shown, be granted by said judge, until an issue is joined. Whenever an issue of fact is joined, as to whether such terms, conditions or provisions have been violated, a jury of six qualified jurors shall be ordered by said judge, and shall be summoned to try the issue upon an early date to be designated by said judge, in or out of term time, for such trial. The usual provisions of law governing trials at law shall prevail, and the question of fact shall be submitted to the jury under the charges of the court, and the jury shall render a verdict accordingly. The verdict, if the facts constituting the forfeiture and annulment have been proven, shall be rendered as follows: "We the jury find the defendant guilty"; otherwise, "We the jury find the defendant not guilty."

Hlstory.-§3, ch. 4052, 1891; GS 1026; RGS 1854; CGL 2964; §34, ch. 29737, 1955.

167.26 Judgments.-If the jury find the defendant guilty, then a judgment shall be entered up declaring forfeited and annulled all the franchises, grants, privileges, rights, licenses and immunities under which said company, corporation, person or firm has used said streets for said purposes, and said municipality may remove from said streets all tracks, pipes, wire, poles, and other property of said company, as if no such franchise, grant, privilege, right, license or immunity had ever been given.

Hlstoq.-§4, ch. 4062, 1891; GS 1027; RGS 1865; CGL 2966.

167.27 Appeals.-Either party to such proceedings shall have the same right of appeal as in cases at law, except that a supersedeas shall be obtained only upon an order of the circuit judge before whom the case was tried, upon an application therefor, and a hearing of both parties thereon, and upon such terms and conditions as may be prescribed by such judge.

IDstory.-§5, ch. 4062, 1891; GS 1028; RGS 1866; CGL 2966.

167.28 Support of public schools, poor, etc. -The city or town council may provide for the support of the poor, the infirm and the insane, and establish public schools and provide for their maintenance.


167.29 Establishing and maintaining library; election; tax.-Whenever the city or town council of any incorporated city or town in this state shall deem it advisable to establish and maintain a public library and reading room free for the use of the inhabitants of such city or town, they shall call an election to decide whether such public library and reading room shall be established in said city or town, and, if a majority of the registered voters of such city or town, at such an election, shall

610


vote in favor of establishing and maintaining such public library, the city or town council of such incorporated city or town shall establish the same, and may levy a tax of not more than two mills on the dollar annually to be levied and collected in like manner as any other taxes of said city or town, and to be known as the "library fund."

Wstory.-§1, ch. 6199, 1911; RGS 1876; CGL 2986.

167.30 Library board.-(1) When any city or town council shall

have decided by ordinance to establish and mainta in a public library and reading room, they shall elect a library board to consist of five directors, to be chosen from the citizens at large, of which board neither the mayor nor any member of the city or town council shall be a member. Such directors first elected shall hold their office, one for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years, from the first day of July following their appointment, and one director shall be chosen annually thereafter for the term of five years; and in cases of vacancies by resignation, removal or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any service rendered as a member of such board, and such directors shall give such bond as the council may require. Such directors shall, immediately after their appointment, meet and organize by electing one of their number president, and such other officers as may be necessary.

(2) Three of such board shall be a quorum. They may make and adopt such bylaws, rules and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with law. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building; and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for the purpose.

Hlatoey.-§2, ch. 6199, 1911; RGS 1877; CGL 2987.

167.31 Funds for support and maintenance· special fund; disbursements.-All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or l!lupport of any public library, shall be kept for the use of such library, separate and apart from all other funds of said city, town or village, and shall be drawn upon and paid out by the treasurer ~f such city, town or village, upon vouchers signed by the president of the library board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner.

Hletor:y,-§3, ch. 6199, 1911; RGS 1878; CGL 2988.

167.32 General powers of library board; appointment of librarian, etc.-The library

board may purchase or lease grounds ; erect, lease or occupy an appropriate building or buildings for the use of such library; appoint a suitable librarian and assistants; fix their compensation, and remove their appointments at pleasure; establish regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for trespasses or injury to the library grounds, rooms, books or other property, or failure to return any book, or for violation of any by-laws or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of law, in establishing and maintaining a public library and reading room.

Hletor:y.-§4, ch. 6199, 1911; RGS 1879; CGL 2989.

167.33 Free use of library by inhabitants of city; proviso.-Every library and reading room shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulation as the library board may adopt, to render said library and reading room of the greatest use to the inhabitants of said city or town, and the librarian may exclude from the use of the library and reading room any person who shall willfully violate or refuse to comply with rules and regulations established for the government thereof; persons so excluded may appeal to the library board.

Hlstoey.-§5, ch. 6199, 1911; RGS 1880; CGL 2990.

167.34 Reports of library board to council. -The library board shall, on or before the second Monday in June in each year make a report to the city or town council of the condition of their trust, on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department, the number of books and periodicals ordered by purchase, gift or obtained during the year, and the number lost or missing, the number of visitors attending, the number of and character of books loaned or issued, with such statistics, information and suggestions as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

Hlstor;y.-§6, ch. 6199, 1911; RGS 1881; CGL 2991.

167.35 Amendment of bylaws.-Any bylaw or regulation established by the library board may be amended by the council of said city or town.

Hlstor:y.-§7, ch. 6199, 1911; RGS 1882; CGL 2992.

167.36 Penalty for violation of rules recov· ered by civil action.-Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before any justice of the peace or other court having jurisdiction; such action to be instituted in the name of the library board of the city or town library. And moneys collected in any such

611


action shall be forthwith placed in the city treasury to the credit of the library fund.


167.37 Donation to library; title to vest in library board.-Any person may make any donation of money or lands for the benefit of such library, and the title of the property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or town.


167.38 Property exempt from execution and taxation.-The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

History.-§10, ch. 6199, 1911; RGS 1885; CGL 2995.

167.39 Circulating library.-The library board may authorize any circulating library, reading matter, or work of art, of any private person, association or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fees or membership as corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or reading matter so deposited in the rooms of any such public li· brary shall be separately and distinctly marked and kept upon shelves apart from the books of the city or town library, and every such private or associate library or other property so deposited in any public library, while so placed or remaining, shall be subject to use and reading within the library room without charge by any person and inhabitant of said city or town, and entitled to the use of the free library.


167.40 To provide for election of officers.The city or town council may provide for the election by the qualified voters of the city or town of a treasurer and assessor and a collector of city or town taxes, and such other executive officers as the council may deem expedient, who shall continue in office for one year, or until their successors are elected and qualified; provided, however, that it is lawful for the city or town council of any city or town to confer upon any qualified person the two offices of marshal and collector of taxes or the two offices of clerk and treasurer, or the offices of clerk, assessor and treasurer.

Hlstory.-§24, ch. 1688, 1869; RS 700; GS 1050 ; RGS 1888; CGL 2998.

167.41 Tax assessor may be abolished by ordinance of municipal corporation.-The governing authority of each municipal corporation of this state may abolish, by ordinance, the office of tax assessor and provide for the performance of the duties of such office by the tax collector of said municipal corporation.

History.-§1, ch. 15047, 1931; CGL 1936 Supp. 2998(1).

167.42 To regulate compensation of officers. -The city or town council may regulate and fix the compensation of the several municipal offices.


167.421 Group insurance for municipal employees and officers.-

(!) AGREEMENTS TO PROVIDE.-Every municipality in Florida, whether created or incorporated under special or general act of the legislature, is authorized to provide life, health, accident, hospitalization, medical or annuity insurance, or all or any kinds of such insurance, for its employees and officers upon a group insurance plan and to that end to enter into agreements with insurance companies to provide such insurance.

(2) EVIDENCE OF ELECTION TO PROVIDE INSURANCE.-The election to exercise such authority shall be evidenced by resolution or ordinance duly recorded in the official minutes or records of the municipality, adopted by the council, commission or other governing body of the municipality.

(3) DEDUCTION AND PAYMENT OF PREMIUMS.-Upon the request in writing of any employee or officer, the proper officials of such municipality may deduct from the wages or salary of such employee or officer, periodically, the amount of the premium which such employee or officer has agreed to pay for such msurance, and to pay or remit the same directly ~o the insurance company issuing such group msurance.

(4) PARTICIPATION VOLUNTARY.-The participation in such group insurance by any employee or officer shall be entirely voluntary at all times. Any employee or officer may upon any pay day, withdraw or retire from such gr~up insu~ance plan, upon giving his employer written notice and directing the discontinuance or de.ductions from wages in payment of such premmms.

(5) PAYMENT OF PREMIUMS BY MUNICIP ALITY.-From and after passage of this law each and every municipality of Florida is authorized and empowered to pay any portion or all of the premiums or cost of any group insurance of such municipality promulgated pursuant to this law; provided, however, that the ~etermination of the degree of participation m such costs by the municipality shall be determined by the council, commission or governing body of the municipality and shall be evidenced by resolution or ordinance thereof in the official minutes or records of the municipality. The deg.ree of participation by the municipality may be mcreased or decreased from time to time by ordinance or resolution.

(6) INSURANCE ADDITIONAL TO WORKMEN'S COMPENSATION.-The insurance authori.zed under this law shall be in addition to, and m no manner in lieu of, the provisions of the Florida workmen's compensation law.

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(7) PURPOSE AND INTENT OF LAW.It is declared to be the purpose and intent of this law to make available upon a voluntary participation basis to the employees and officers of municipalities the economic protection and benefits of group insurance not available to each employee as an individual; and to aid municipalities in obtaining and holding competent, skilled, and experienced employees and officers by authorizing participation by municipalities in the cost of such group insurance.

mstor:r.-§§1-7, ch. 61-118.

167.43 To impose and collect taxes.-The city or town council may raise, by tax and assessment upon all real and personal property, and by license on professions, business and occupations carried on within the corporation, all sums of money which may be required for the improvement and good government of the city, and for carrying out the powers and duties herein granted and imposed; and enforce the receipt and collection of the same in the manner now provided by the laws of the state for the assessment and collection of state taxes and licenses.


167.431 Municipalities authorized to levy tax on public services.-

( I) The several cities and towns in this state are hereby given the right, power, and authority, by nonemergency ordinance, to impose, levy and collect on each and every purchase of electrieity, metered or bottled gas (natural liquefied petroleum gas or manufactured), water service, telephone service and telegraph service in their corporate limits, a tax (straight percentage, sliding scale, graduated or other basis) in an amount not to exceed ten per cent of the payments received by the seller of such utility service from the purchaser for the purchase of such utility service; provided, however, that the sale of natural gas to a public or private utility, including municipal corporations and rural electric cooperative associations, either for resale or for use as fuel in the generation of electricity shall not be deemed to be a utility service and purchases thereof under such circumstances shall not be taxable hereunder. In every case the tax shall be collected from the purchaser of such utility service and paid by such purchaser for the use of the city or town to the seller of such utility service at the time of the purchaser paying the charge therefor to the seller. It shall be the duty of every seller of such utility service, in acting as the tax collection medium or agency for the city or town, to collect from the purchaser, for the use of the city or town, any tax imposed and levied by ordinance enacted pursuant to this section and to report and pay over unto the city or town all such taxes imposed, levied and collected in accordance with the accounting and other provisions of the enacted ordinanc.e. Any such ordinance may provide that federal, state, county and

municipal governments and their comm1sswns and agencies and other tax supported bodies, public corporations, authorities, boards and commissions, shall be exempted from the payment of the taxes imposed and levied thereby and may also provide penalties for the violation of such ordinance. In the event any such ordinance imposes such a tax on the purchase of one of the utility services described herein and a competitive utility service or services are purchased in the city or town, then such ordinance shall impose a tax in like amount on the purchase of the competitive utility service or services whether privately or publicly owned or distributed; however, telephone service and telegraph service shall not be required to · be considered competitive services. Provided, however, that the city or town shall notify the seller of such utility service in writing of any change in the boundaries of the municipality or in the rate applicable to such tax.

(2) All laws, general and special, in conflict with the provisions of this section are hereby superseded to the extent of such conflict, it being the purpose and intent of the legislature to confer the right and authority hereby granted to the several cities and towns notwithstanding any limitations or restrictions which may be contained in any general or special law; but nothing contained in this section shall be construed to affect or repeal gross receipts taxes imposed by chapter 203.

Blstor:r.-§§1, 2, ch. 22820, 1045; §7, ch. 24337, 1047; §1, ch. 57-324; §1, ch. 67-130.

167.432 Exemption of churches, utility tax.-All recognized churches of the state are hereby exempt from the payment of any utility tax imposed by any municipality on church property used exclusively for church purposes.

Wstory.-§1, ch. 57-702.

167.44 Town valuation not to exceed state. -The city or town may make its own assessment of property for taxation, but the valuation of property by the municipality shall not exceed the last valuation thereof by the state for taxation. The total taxes levied upon any property by any municipal corporation in any one year shall not exceed one per cent upon such state valuation; but this provision is not to be so construed as to prevent the said corporation from levying sufficient tax to meet the payment of interest on its outstanding bonds, and to provide for the payment of the principal thereof when the same shall become due, or from levying such taxes for special purposes, or from making such special assessments of property as are in this chapter specified. cJtlsfo~r.·-§2, ch. 3477, 1883; RS 704; GS 1053; RGS 1891;

*167.441 Millage limitation.-No municipality shall levy ad valorem taxes for real and tangible personal property in excess of one per cent of the ass~ssed value thereof (ten mills), except for special benefits and debt service on obligations issued with the approval of those

613


taxpayers subject to ad valorem taxes on real and tangible personal property.

History.-§!, ch. 67-396. •Note.-Effectlve January 1, 1961f.

*167.442 Referendum for millage in excess of limits.-Those taxpayers subject to ad valorem taxes on real and tangible personal property may approve an increase of millage above those limits imposed by §167.441 in a referendum called for such purpose by the governing body of the municipality, provided that such increase does not exceed a period of two years. Such referendum also may be initiated by submission of a petition to the governing body of the municipality containing ten per cent of the signatures of those persons eligible to vote in such referendum which signatures are affixed to the petition within sixty days prior to its submission.

Hlstory.-§2, ch. 67-396. •Note.-Effectlve January 1, 1961f.

*167.443 Millage to replace lost revenue.In the event any municipality should lose revenue through the loss of a proprietary activity or other source of revenue, the governing body of the municipality is authorized . to increase the millage in an amount sufficient to restore such loss of revenue. In the event any municipality should relinquish any governmental function to a county or other govern.mental body, the governing body of such municipality shall reduce the millage in an amount which will equal the cost of such governmental function.

History .-§3, ch. 87-398. •Note.-Effectlve January 1, 1961f.

*167.444 Existing millage in excess of limits. -Any municipality whose rate of taxation as defined in §167.441 exceeds one per cent (ten mills) on the effective date of this act shall be authorized to continue at such greater rate of taxation until January 1, 1970, without the referendum provided for in §167.442. However, no increase beyond that rate shall be permissible except through a referendum as provided for in §167.442.

Hlstory.- §4, ch. 67-396. *Note.-Effectlve January 1, 1968.

*167.445 Withholding of state funds.-The comptroller of the state is hereby directed to determine each year whether the several municipalities of this state are assessing the real and tangible personal property within their jurisdiction in accordance with law. If the comptroller determines that any municipality is assessing property at less than that prescribed by law, the comptroller shall withhold from such municipality a portion of any state funds to which that municipality may be entitled equal to the difference of the amount assessed and the amount required to be assessed by law.

Hlstory.-§5, ch. 67-396. •Note.-Effectlve January 1, 1968.

167.45 Special tax for water works and fire protection.-Every city and town is empowered to levy and collect a special tax annually

for water works and fire protection upon all property within the corporate limits of any such city or town; provided, that it shall require a two-thirds vote of the city or town council to levy said tax, and that thirty days' notice of the intention to levy said tax shall be given by publication in some newspaper published in said town once in each week, provided further, that said tax shall not exceed five mills on the state valuation of the property within such corporation.


167.46 Collection of and sale for taxes.The tax collector of any city or town shall proceed substantially in the same manner in the collection of taxes and sale of property for the nonpayment of taxes as state tax collectors.


167.47 Advertisement of tax sales.-The tax collector of any incorporated city or town, if there be no newspaper published within the said city or town, shall advertise the sale of any lands levied on for taxes by three written notices posted in three public places in said city or town.


167.48 Limitations of appropriations and warrants.-lt is not lawful for the government of any city or town to make appropriations, in any one year, for a greater amount than is allowed to be collected by taxation; and it is not lawful for any officer of a municipal government to issue a warrant on the treasurer except in payment of an appropriation.


167.49 Entry and endorsement of refusal or failure to pay warrants; penalty.-

(!) The treasurer of any city or town shall enter in a book to be kept for that purpose the fact of the refusal to pay, or nonpayment of, any warrant or order which may be presented to him as such treasurer, and to include in such entry a description of the warrant or order, by whom presented, the date of presentation and his reason for such refusal or nonpayment; and he shall, at the request of the person presenting the same, endorse on the back of such warrant or order the fact of such refusal or nonpayment and reason therefor.

(2) Any treasurer of a municipal government who violates the provisions of this section shall be punished by a fine not exceeding one hundred dollars.

Hlstory.-§§1, 4, ch. 8465, 1888; RS 709, 2557; GS 1058, 8464 ; RGS 1896, 5829; CGL 8006, 7462.

167.50 Book to be furnished treasurer.The city or town council shall furnish the treasurer with a book for the purposes mentioned in §167.49, which shall be open to the inspection of all citizens.

lllstory.-§2, ch. 8465, 1888; RS 710; GS 1059; RGS 1897; CGL 8007.

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167.51 Licenses may be required for stationary steam engineers in cities over five thousand population.-

(!) All cities over five thousand inhabitants may pass and enforce all ordinances that will compel each and every stationary steam engineer to take out a license to carry on their said vocation, in such sum as the said cities may impose; provided said sum shall not exceed the limits specified in the general revenue laws of the state. The provision regarding the amount of license shall not apply to cities which operate under a special charter when said charter grants the power to impose licenses without respect to the general revenue statute.

(2) Licenses granted to stationary steam engineers shall be exposed in any public manner required by ordinance.

Hlstor:r.-§§1, 2:, 6, ch. 6069, 1901; OS 1093, 1094, 1098 ; ROB 1940, 1941, 1945; CGL 3073, 3074, 3078.

167.52 Appointment of inspectors.-Cities of over five thousand inhabitants may provide by ordinance for an inspector of boilers and an examiner of stationary steam engineers, to inspect steam boilers, except marine and locomotive boilers used on regular lines of railway, and shall regulate by ordinance the qualifications of the said inspectors and examiners, their terms of office, salary or fees, and all other matters and things connected with their said duties. The office of inspector and examiner of stationary steam engineers may be combined in one person by ordinance.

Hlstor:r.-§§3, 4, ch. 5069, 1001; OS 1005, 1096; ROS 1942, 1943; CGL 8076, 3076.

167.53 Powers of examiner.-The examiner of stationary steam engineers may require by examination such qualifications of all stationary steam engineers aforesaid as would be reasonable in conserving public safety, and said examination shall be held at such times and places as may be required by ordinance. SO~;~tor:r.-§5, ch. 5069, 1901 ; OS 1097; ROB 1944; COL

167.54 Penalty for engineer accepting employment without passing examination.-Any stationary steam engineer who shall accept employment without first having passed examination and complied with the provisions of §167.53, and before taking out a license under the provisions of §167.51, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding one year.

Hlstor:r.-§9, ch. 5060, 1901; OS 3798; ROS 6851; COL 8093. cf.-§775.06 Alternative punishment.

167.55 Penalty for employing other than licensed engineer.-Any employer, employing other than a licensed stationary steam engineer, as provided by §167.51, shall be punished by a fine of not more than one thousand dollars, or imprisonment not exceeding one year. so:~~tory.-§7, ch. 5069, 1901; as 3799; ROB 5852; coL

cf.-§775.06 Alternative punishment.

167.56 Penalty for refusal to allow boiler inspection.-Any employer or his manager or servant, who shall refuse the inspector of steam boilers, appointed under the provisions of §167.52, an opportunity to inspect the boiler or boilers in their charge or control, shall be guilty of a misdemeanor, and in such case the employer shall be equally guilty with his manager or servant when refusal is made by the said manager or servant. Each shall be punished by a fine of not exceeding one thousand dollars, or imprisonment not exceeding one year.

Hlstory.-§8, ch. 5069, 1001; OS 3800; ROB 5853; COL 8095; §7, ch. 22858, 1945. cf.-§775.06 Alternative punishment.

167.57 Cities and towns to fix rates and charges for water.-The corporate authorities of any city, town or village, now or hereafter incorporated under any general or special law of this state, in which any individual, company or corporation has been, or may hereafter be, authorized by such city, town or village to supply water to such city, town or village and the inhabitants thereof, may prescribe by ordinance maximum rates and charges for the supply of water furnished by such individual, company or corporation to such city, town or village and the inhabitants thereof, such charges to be just and reasonable; provided, that this section shall not be construed as to impair the validity of any valid contract heretofore entered into between any city, town or village and any person, firm or corporation for the supply of water to such city, town or village or its inhabitants, but this section shall not be held to validate any contract heretofore made.

Hlstory.-§1, ch. 6070, 1901; GS 1099; RGS 1946; CGL 807~.

167.58 May take census.-Whenever any city or town council of any city or town in the state shall deem it necessary for any purpose to ascertain the number of bona fide inhabitants of such city or town, such city or town council shall by resolution declare the same to be the sense of said body, and whereupon they shall by resolution appoint some suitable person to do such work, and declare his compensation for such work.


167.59 Under regulations of council.-Such census shall be taken in such manner, and under such regulations as the council may determine.

History.-§2, ch. 5191, 1903; GS 1107; RGS 1954; CGL 3087.

167.60 Census taken, filed with clerk.Whenever the said census shall be completed, the same shall be filed with the clerk of said city or town, and shall thereupon become legal evidence of the number of bona fide inhabitants of said city or town.

History.-§3, ch. 5191, 1903; GS 1108; RGS 1956; CGL 8088.

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167.61 Municipalities required to keep books of account; annual financial reports; examinations of finances; penalty.-

(!) Every municipality in the state shall keep books of account. It shall also make stated financial reports at least as often as once a year, not later than the first day of November of each year, to the comptroller in accordance with forms and methods prescribed by him, which shall be applicable to all municipalities within the state; such reports shall be filed in the office of the comptroller as a part of the public documents of the state. Such reports shall contain an accurate statement in summarized form and also in detail of the financial receiots of the munichmlitv from all sources. and of the expenditures of the municipality for all purposes, together with a statement in detail of the debt of said municipality at the date of said report, and of the purposes for which such debt has been incurred. The governor may authorize and direct the state auditor by himself, or by some competent person or persons appointed by him, to examine into the affairs of the financial department of any municipality within the state. And he shall direct the state auditor to make such examination whenever petitioned to do so by at least twenty per cent of the freeholder electors of any municipality.

(2) On every such examination inquiry shall be made as to the financial condition and resources of the municipality, and whether the requirements of the constitution and laws have been complied with, and into the methods and accuracy of the municipality's accounts, and as to such other matters as the governor may prescribe. The state auditor, and every such examiner appointed by him, may administer an oath to any person whose testimony may be required on any such examination, and compel the appearance, attendance and testimony of any such person for the purpose of any such examination, and the production of books and papers. A report of each such examination shall be made, and shall be a matter of public record in the office of said state auditor and the expenses of any such examination shall be paid by said municipality.

(3) Any municipal official who shall refuse to submit his books of account, records, vouchers, papers, warrants, or any other property in his possession or control belonging to any municipality in the state, or kept by him for the use of any municipality, to the state auditor, or other examiner for inspection or examination, may be suspended from office by the governor, and such refusal shall constitute a misdemeanor. And upon conviction therefor, such officer shall be punished by a fine of five hundred dollars, or six months' imprisonment in the county jail.

Blstory.-§§1, 2, ch. 6817, 1915; RGS 1956, 5381; COL 3089, 7516; §1, ch. 57-48; §5, ch. 61-530. cf.-§775.06 Alternative punishment.

167.62 Cities required to provide day and night shifts of firemen; general alarm (cities of fifteen thousand or more).-Each city having a population of fifteen thousand, or more, according to the last federal census shall provide for two shifts of firemen, one shift to be on duty during the day and the other shift to be on duty during the night; provided, however, that all firemen whether on the day or night shift, shall be subject to call in case of general fire alarm during time when a fire emergency so requires.

Blstor:r.-§1, ch. 7937, 1919 ; COL 3090.

167.63 Number hours firemen required to remain on duty (cities of fifteen thousand or more).-No fireman provided under §167.62 shall be required to remain on duty more than fourteen hours per day, and the hours during which each shift is to be on duty shall be so divided, either by the shifts alternating from night to day shifts or otherwise so that neither shift shall be discriminated against in the number of hours during which the members thereof are required to be on duty. Provided, further, that nothing in §§167.62, 167.64 or this section, shall be construed as repealing any of the provisions of the law or ordinances of the cities affected, allowing vacation to firemen.

Blstoey.-§2, ch. 7937, 1919; COL 3091.

167.632 Maximum hours of duty for firemen in certain cities.-

(!) Firemen of municipalities with a population of fifteen thousand or more, according to the most recent federal census, shall not be required to remain on duty more than one hundred twenty hours in any two consecutive calendar weeks. The hours during which each shift is to be on duty shall be so divided, either by the shifts alternating from night to day, or otherwise, that neither shift shall be discriminated against in the number of hours during which the members thereof are required to be on duty; provided, however, that firemen may be required to remain on duty twenty-four hours per day, but only on alternate days, except when a fire emergency exists. Provided, however, that within all municipalities in this state having a population of not less than thirty thousand five hundred and not more than thirty-five thousand inhabitants according to the latest official census, firemen of such municipalities may be required to remain on duty up to but not exceeding one hundred forty-four hours in any two consecutive calendar weeks.

(2) Nothing in this section shall be construed as repealing any of the provisions of the laws or ordinances of the cities affected allowing vacation for firemen.

(3) This section shall not be applicable to: (a) The city of Coral Gables. (b) The city of Gainesville. (c) The city of Tampa. (d) The city of Tallahassee nor the fire

department of said city.

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(e) Cities in Duval County. (f) Counties having population of not less

than thirty-four thousand six hundred fifty nor more than thirty-six thousand inhabitants according to latest official census.

(g) Counties having a population of not less than sixty nor more than eighty thousand according to the last preceding federal census.

(h) Cities or municipalities located in counties having a population according to the 1950 federal census of not less than eighty thousand and not more than one hundred thousand.

(i) Counties having a population of not less than one hundred fourteen thousand seven hundred fifty nor more than one hundred twenty-two thousand according to the last preceding federal census.

Blstory.-§§2-7, ch. 28099, 1953.

167.64 Term "Firemen" defined (cities of fifteen thousand or more).-The term "Firemen" as used in §§167.62, 167.63 and this section shall be construed to mean all those persons employed by any city affected by such sections, in any work in connection with the prevention and extinguishing of fires in said city by the said municipal government.

Blstory.-§3, ch. 7937, 1919; CGL 3092.

167.65 Right of eminent domain conferred on cities and towns; purposes.-All cities and towns in the state may exercise the right and power of eminent domain, that is, the right to appropriate property, except state or federal, for the following uses or purposes: for streets, lanes, alleys and ways; for public parks, squares and grounds; for drainage and for raising or filling in land in order to promote sanitation and healthfulness; for reclaiming and filling when lands are low and wet, or overflowed altogether or at times, and entirely or partly; for the abatement of any nuisance; for the use of water pipes and for sewerage and drainage purposes; for laying wires and conduits under ground; for city buildings, waterworks, pounds and other municipal purposes, which shall be coextensive with the powers of the municipality exercising the right of eminent domain; and the absolute fee simple title to all property so taken and acquired shall vest in such municipal corporation, unless the city or town seeks to condemn a particular right or estate in such property.

Hlstory.-§1, ch. 6866, 1915: RGS 1957: CGL 8113.

167.651 Ambulance service; declared to be municipal purpose; use of municipal funds; agreements with other governmental agencies for operation and maintenance; charges.-

(I) The establishment, operation, and maintenance of ambulance service are declared to be municipal purposes.

(2) The governing body of any municipality is authorized:

(a) To operate and maintain municipal ambulance services.

(b) To pay the costs and expenses of establishing, operating, and maintaining such ambu-

lance services from the general revenue fund of the municipality.

(c) To enter into agreements with any other governmental agency, including county or municipal hospitals; sheriffs' offices; fire departments or control units; whether county or municipal; private ambulance services, or any other agency or entity which is deemed by the municipal governing body to be suitably organized to efficiently provide ambulance services within the municipality.

(d) To expend municipal funds to defray the cost and expense of the establishment, operation, and maintenance services within the municipality whether such ambulance services are provided directly by the municipality or by agreement with some other governmental agency or entity as hereinbefore provided.

(e) To establish, charge and collect reasonable fees for ambulance services rendered pursuant to this act.

(f) To render ambulance service to indigent persons.

(3) Any contracts entered into prior to the effective date of this act between the county commissioners and any other governmental agency or private entity are ratified and confirmed and shall be as enforceable as though entered into subsequent to the effective date of this law.

( 4) As used in this section: (a) "Ambulance" means a vehicle specially

designed and equipped as defined in §877.07. (b) "Ambulance service" means the trans

portation by ambulance of medically nonambulatory persons.

Blstory.-§1; ch. 67-13.

167.66 Legislative department of city or town may authorize acquirement of property by eminent domain.-The city council or legislative department of any city or town, or any board of such city or town, as the case may be, having authority and jurisdiction over any of the subject mentioned in §167.65 may, by resolution, authorize the acquirement by eminent domain of property, real or personal, for any of such uses or purposes designated in such resolution. The procedure in acquiring said property shall be that prescribed and set forth in chapter 73.


167.67 Tax for municipal band; petition; referendum.-

( I) Cities and towns, however organized and irrespective of their form of government, may, when authorized as hereinafter provided, levy each year a tax not to exceed two mills for the purpose of providing a fund for the maintenance or employment of a band for municipal purposes.

(2) (a) Said authority shall be initiated by a petition .signed by twenty-five per cent of the legal voters of the city or town as shown by the last regular municipal election. Said petition shall be filed with the council or commission and shall request that the following question be submitted to the voters, to-wit:

617


"Shall a tax of not exceeding two mills be levied each year for the purpose of furnishing a band fund?"

(b) When such a petition is filed the council or commission shall cause such question to be submitted to the voters at the first following general election.

(c) Said levy shall be deemed authorized if a majority of the votes east at said election be in favor of the proposition, and the council or commission shall then levy a tax sufficient to support or employ such band, not to exceed two mills on the assessed valuation of such municipality.

(3) All funds derived from said levy shall be expended as set out in this section by the council or commission.

IDstOJT.-§§1-4, G, ch. 12410, 1927; CGL 3093-3096 and 3098.

167.68 Cancellation of tax for municipal band; petition; referendum.-

(!) A petition like that provided for in §167.67 may at any time be presented to the council or eommission, asking that the following proposition be submitted, to-wit:

"Shall the power to levy a tax for the maintenance or employment of a band be canceled?"

(2) Such submission shall be made at any general municipal election as provided for in said section, and if a majority of the votes cast be in favor of the question submitted, no further levy for such purpose shall be made until the question may be again voted upon favorably as provided in §167.67.

mstoJT.-§5, ch. 12410, 1927; caL 3097.

167.69 Purchase of lands for national defense.-

(1) The several municipalities (cities and towns) of the state are hereby authorized, separately or jointly, to acquire land by grant, gift, lease, purchase or eminent domain either within or without their corporate limits for the purpose of leasing or selling such land to the United States for national defense purposes.

(2) The several municipalities of the state, separately or jointly, are hereby granted authority to incur obligations for the purchase or lease of such property, and the governing authorities of such municipalities are hereby authorized and empowered to make contracts for such purpose and also authorized to appropriate and cause to be raised by taxation or otherwise monies sufficient to pay such obligations.

(3) Any lands acquired, owned, leased, controlled or occupied by any municipality of the state for the purpose or purposes enumerated in subsection (1) shall be and are hereby declared to be acquired, owned, leased, controlled, occupied and maintained for a municipal and public governmental purpose and any land so acquired and subleased to the United States shall be deemed to be maintained for a municipal and public governmental purpose.

the several municipalities of the state to lease or sublease to the United States for a period not to exceed ninety-nine years or to grant or sell to the United States for national defense purposes any land owned, leased or controlled by such municipalities.

(5) All land, while actually being used for the purpose or purposes of this section, shall be exempted during such period from all state, county, municipal and drainage taxes.

(6) This section shall not repeal any other laws relating to the subject matter hereof, but shall be deemed supplemental and cumulative.

Hlstory.-§§1-6, ch. 20836, 1941.

167.70 Cemeteries and burial grounds of municipal corporations. - Municipal corporations within this state owning or having title to any cemeteries or burial grounds, within this state, wherein any person is or may be buried, who served with the armed forces of the United States, at any time, or who served in any war wherein the United States was a combatant, are hereby authorized and permitted to enter into agreements with the United States for the care, upkeep and maintenance of said cemeteries or burial grounds, or any grave or graves therein, and to receive funds or other assistance for the care, upkeep, and maintenance aforesaid. The said municipal corporations shall have authority to sell, transfer or convey lots or tracts of land within said cemeteries to the United States and may receive conveyances from the United States.

History.-§1, ch. 20862, 1941.

167.71 Authorizing agreements with the federal housing administration for purpose of restricting use of certain defined areas.-

(1) Where in any municipality, in the state, the owners of more than half of the property in a certain area or areas within the boundaries of said municipality, sign a petition and file same with the governing body of said municipality, asking that the area or areas described in said petition shall have certain restrictions placed upon said area or areas, restricting the use of and the building upon the property within said area or areas in order that said area or areas may be approved by the federal housing administration for the loaning of money for the erection of buildings upon the property within said area or areas, the governing body of said municipality shall thereupon, by resolution, set a time for public hearing on said petition and cause to be published for four consecutive weeks prior to said hearing a copy of said petition and the proposed restrictions. At said hearing any property owner in the area or areas to be affected shall have the right to file in writing his or her objections or protest to the proposed restrictions. If at said hearing sufficient evidence is produced showing that the owners of more than half of the property within said area or areas are in favor of such restrictions being placed upon the property within the said area or areas and it seems advisable to the gov

(4) Authority is hereby granted to each of erning body of the said municipality that such

618


restrictions be placed upon the property within said area or areas; thereupon the governing body of said municipality is authorized and empowered by proper resolution or ordinance to enter into an agreement with the federal housing administration for the purpose of restricting the use of and the building upon the property within said area or areas.

(2) After such agreement has been entered into between the said municipality and the federal housing administration, the same cannot be abandoned or changed without the joint agreement of the governing body of said municipality and the federal housing administration.

(3) In the event that the said federal housing administration shall cease to exist, then any agreement entered into with the said federal housing administration can only be changed or abandoned with the consent or permission of the successor or agency of said federal housing administration which is still collecting payments on any loans made by the federal housing administration in these areas.

( 4) The federal housing administration shall in no way be liable for any restrictions so placed upon the properties in any area or areas within any municipality by said municipality.

(5) This section shall not apply to any area or areas of any municipality which now has zoning or building restrictions which are in full force and effect.

(6) This section shall be deemed cumulative and shall not repeal any other laws not specifically in conflict with the provisions hereof.

Hlstory.-§§1-6, ch. 20897, 1941.

167.72 Homestead exemption; method of filing.-Every person entitled to a homestead exemption as provided by §7, Art. X, of the constitution of the state, upon filing an application therefor in proper form with the county tax assessor in the county in which such homestead is situated, shall be deemed thereby to have made application for such homestead exemption from the taxation of the municipality in which such homestead is located, and the municipal tax assessor shall treat said application and give it the same consideration as if it had been personally filed with him. It shall be the duty of the tax assessors of the municipalities in this state to obtain a copy of each application for homestead exemption on file in the office of, and approved by, the county tax assessor of the county in which such municipality is located, and it shall be the duty of the several county tax assessors to furnish such copies to municipal tax assessors in their respective counties when requested.

Hlstery.-§1, ch. 21988, 1943.

167.73 Charges for use of services and facilities of municipalities.-

(!) Any city, town or village maintaining or operating a service for the collection and disposal of garbage, trash, rubbish or other refuse may provide, by ordinance of its council, or other legislative body, by whatever name known,

for the establishment and collection of reasonable charges to be paid to the city, town or village for the use of such service by each person, firm or corporation whose premises are served thereby; and if such charge is not paid when due, the service may be discontinued until such charge is paid, and the amount of any such charge that is delinquent may be recovered by due process of law.

(2) Each city, town or village owning, maintaining or operating any system of public recreation, any wharf, dock, yacht basin, airport, golf course, hospital, stadium, parking lot, or tourist camp, or any facility designed and intended to render a direct service to the users thereof, may provide, by ordinance of its council or other legislative body, by whatever name known, for the establishment and collection of reasonable fees and charges to be paid to the city, town or village for the use of such facility or service by each person, firm or corporation using the same.

(3) This law is intended as a supplemental and additional grant of authority to each city, town or village, and shall not impair, abridge or limit any existing powers held by it.

Hlstory.-§§1-8, ch. 21701, 1943.

167.74 Municipality; investment of surplus funds.-

( I) The governing board or body of any municipality in this state is hereby authorized and empowered, by resolution, in its discretion, to provide for the investment of any surplus municipal funds in its control or possession in negotiable direct obligation of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States government, at the then prevailing market price for such securities.

(2) All securities purchased by any such board under the authority of this law shall be properly earmarked and immediately placed for safekeeping in a safety deposit box· in some bank or institution carrying adequate safety deposit box insurance within the county in which said municipality is situated, or shall be placed for safekeeping in an authorized bank or trust company within or without the state, receiving therefor proper safekeeping or trust receipts, and no withdrawal of such securities in whole or in part shall be made except upon authority evidenced by resolution of the governing board or body of said municipality.

(3) When the money invested in such securities is needed in whole or in part for the purpose originally intended, or when it is deemed prudent to discontinue any such investment, the governing board or body of such municipality is authorized to provide for the sale of such securities at the then prevailing market price and the payment of the proceeds of such sale into the proper account or fund of the municipality.

(4) For the purpose of this law, the term "surplus funds" is defined as funds in any general or special account or fund of the munici-

619


pality held or controlled by the governing board or body of such municipality which in reasonable expectation will not be needed for the purposes intended within a period of thirty days from the date of such investment.

Wstory.-§1, ch. 23813, 1947; §1, ch. 61-130.

167.75 Encroachments in public streets and alleys.-

(1) It is lawful for the governing bodies of municipalities in the state to adopt ordinances authorizing owners of adjacent real property to construct buildings or structures encroaching in, upon and over any public streets and public alleys located in any such municipalities within such limitations as they may prescribe, provided that every such encroaching building or structure shall be at least nine feet above the level of the ground, and to maintain any such existing encroachments until such buildings or structures are destroyed or removed; provided, however, that when any such encroachments extend in, upon, or over any rights of way within the jurisdiction of the state road department such encroachments shall not be authorized without the prior consent of the state road department; and provided further, that nothing herein contained shall be construed to relieve the owners of such buildings and such structures of any negligence on their part on account of such encroachment.

(2) Provided further, that any encroachment which occurs or has occurred in good faith through error in survey, measurement or otherwise, and does not comply with ;aid height requirement, may be permitted to remain and be maintained if such encroachment in no material way interferes with the proper use of such public streets or alleys.

Hlstory.-§1, ch. 23980, 1947; § 1, ch. 28299 1953 · §33 ch 29615 1955; § 1, ch. 63-333. • • • . •

167.76 Apportionment of funds received from tax foreclosures.-Any municipality of the state may apportion proceeds derived from the sale of any lands acquired by said municipalities by reason of tax foreclosure proceedings or by any other proceedings by which said municipalities acquired property for tax liens thereon, which have heretofore been sold or which may hereafter be sold, to the several funds ?f the said municipalities in proportion to the mterests of the several funds of said ~uni?ipalities, according to the millage rates m existence and use for the year in which such proceeds of sale are or were received.

Wstory.-§1, ch. 24281, 1947; §33, ch. 29615, 1955.

167.77 Lease of municipal owned lands for nonpublic use.-

(1) Whenever it has been determined bv the governing body of a municipality that any of its real property may not be presently needed for municipal use, but may be so needed at some future time, said property may be leased for nonpublic uses for such reasonable rent, length of te~m •. and. cond!tions, as t.he governing body may m 1ts dtscrehon determme. The execution and delivery of said lease shall be subject to the same conditions and approvals which may be required by existing charter provisions of the municipality or special acts applicable thereto for the sale of property by deed.

(2) Nothing in this section shall be construed as in any manner affecting the existing power of municipalities to execute and deliver leases of municipal property for public purpos~s; but the powers granted hereby shall be addthonal to any other powers which municipalities may now have, to lease, sell or other-wise dispose of their property. '

Hlstory.-§§1, 2, ch. 57-9.

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Ch. 168 POLICE POWER OF MUNICIPALITIES Ch. 168

CHAPTER 168

POLICE POWER OF MUNICIPALITIES

168.01 Mayor to see that ordinances are ex-ecuted and appoint police.

168.02 To cause arrest of offenders and try them.

168.03 Process of municipal court; by whom executed.

168.04 Clerk and marshal may take affidavits and issue warrants.

168.05 Markets. 168.06 Provisions, bread, liquors, weights and

measures, gunpowder, etc. 168.07 Powers to regulate public amusements,

hotels, public vehicles, etc. 168.08 Powers as to houses of ill fame and

gambling.

168.01 Mayor to see that ordinances are executed and appoint police.-The mayor shall see that the ordinances of the city or town council are faithfully executed; and he may, with the consent of the council, organize and appoint such police force as may be deemed necessary to insure peace, good order and observance of law within the municipal limits, the compensation of the said police to be fixed and regulated by the city or town council.


168.02 To cause arrest of offenders and try them.-The mayor may, by his mandate, directed to the city or town marshal, have brought before him, at such time and place within the corporate limits as he may designate, any person charged with a breach of the city or town ordinances, and he may require the attendance of witnesses, administer oaths, inquire and examine into the truth or falsity of such charge, determine from the evidence the guilt or innocence of the accused, fix the penalty within the limits prescribed by this chapter, and enforce the same.


168.03 Process of municipal court; by whom executed.-The process of the mayor's court, or other municipal courts, of the cities and towns within the state shall extend to and may be served anywhere within the territorial limits of the county in which said city, or town, is located, and all summons, subpoenas, warrants and other process of the mayor's court, or other municipal courts, may be served and executed by the city, or town marshal, his deputies, or other executive officer of such courts, anywhere within the territorial limits of the county within which the court issuing the same is located.


168.04 Clerk and marshal may take affidavits and issue warrants.-The clerk may administer an oath to and take affidavit of any person charging another with an offense by breach of an ordinance, and may issue a warrant to the marshal to have the accused person arrested and brought before the mayor

168.09

168.10 168.11

168.12 168.13

168.14

168.15 168.16 168.17 168.18

As to keeping or running at large of animals.

May prohibit sale of fireworks. May prevent sale of liquors in certain

cases. Impounding hogs or cattle. Sale of municipally owned bridges to

state road department, county, etc. Uncontaminated source of water essen-

tial. Definitions. Additional remedy by injunction. Penalties. Evidence; maps; notices; etc.

for trial. The marshal may, in the absence of the mayor and clerk from the police station, administer oaths to affidavits of complaints and issue warrants for the arrest of persons complained against.

Hlsto17.-RS 719; GS 1070; RGS 1918; CGL 8046.

168.05 Markets.-The city or town council may establish market houses or places, and require each and every person who may have for sale any fresh meats or fresh fish to bring the same into the said markets so established, and offer such for sale only in such markets, and to make such police and sanitary regulations in regard to such markets and the sale of fresh meats and fresh fish therein as they may deem reasonable and just, and impose such pains, penalties and forfeitures as may be needed to carry such regulations into effect.

Hlstory.--§4, ch. 8024, 1877; RS 694; GS 1042; RGS 1869; CGL 2979.

168.06 Provisions, bread, liquors, weights and measures, gunpowder, etc.-The city or town council may require all persons bringing fresh provisions of any kind into the town or city to exhibit them for sale at stated hours; establish and regulate the weight and size of bread, the inspection of any provisions brought from the country to said market, for sale there, the gauging of liquors, the measurement and weighing of any produce or merchandise and the storing of gunpowder, and all naval and military stores, not the property of the United States, nor the state.

HlstoiT.-§4, ch. 8024, 1877; RS 696; GS 1048; RGS 1870; CGL 2980.

168.07 Powers to regulate public amusements, hotels, public vehicles, etc.-

(1) The city or town council may regulate and restrain all tippling, barrooms and all places where beer, wine or spirituous liquor of any kind is sold, at retail or to be drunk upon the premises where sold, bill~ard saloons, ten pin alleys, theaters or pubhc halls and all places used for public exhibitions, games, or amusements of any kind, and taverns, hotels and other houses for public entertainment; require all such places to be kept and used subject to such reasonable regulations as the coun-

621

Ch. 168 PUBLIC POWER OF MUNCIP ALITY Ch. 168

cil may prescribe; require all keepers of such places to proeure from the city or town a license for keeping the same, under such pains, penalties and forfeitures as the council may prescribe.

(2) The city or town council may regulate the use of all carts, drays, wagons, hacks, omnibuses, handcarts, and every description of vehicles which may be kept for hire, and all livery stables, and require the same to be licensed and the conveyances numbered.

Hlstory.-§1, ch. 8168, 1879; RS 696; GS 1044; RGS 1871: CGL 2981.

168.08 Powers as to houses of ill fame and gambling.-The city or town council may suppress and prohibit all houses of ill fame, lotteries and all games or devices in the nature of lotteries, gambling and gaming houses, and authorize the destruction of all instruments or devices used for lotteries or for the purpose of gaming. ·


168.09 As to keeping or running at large of animals.-The city or town council may regulate or prohibit the keeping in the corporate limits of the city or town, or the running at large within the said limits, of horses, cattle, swine, -sheep, goats, geese and other animals, and impound the sar.1e and hold the same and, on notice to the owners, authorize the sale of the same or any portion thereof for the penalty imposed by any ordinance, and the costs, fees and expenses of the proceeding; license and regulate the running at large of dogs and authorize the killing of the same when running at large contrary to the provisions of any ordinances to that effect.


168.10 May prohibit sale of fireworks.Any municipality in this state may prohibit by ordinance the sale within its limits of any such fireworks as may be deemed objectionable by the council of such municipality.


168.11 May prevent sale of liquors in certain cases.-When the sale of spirituous liquors, wines or beer is wholly forbidden in any county or precinct pursuant to an election duly held for that purpose under the constitution and laws of this state, then any city or town incorporated under the general or special laws of this state relating thereto, and situated in such county or precinct so voting against such sale, may pass such reasonable ordinance or ordinances to prevent or suppress illegal sales of such intoxicants, while such sale is so forbidden, and affix such reasonable penalty or penalties thereto for the violation thereof, as such city or town council shall prescribe.


168.12 Impounding hogs or cattle.-No city or town in this state with less than five hundred bona fide inhabitants may impound any

hogs of residents who live without the corporation, and no city or town in this state with Jess than twelve hundred bona fide inhabitants may impound any cattle of residents who live without the limits of its corporation.

History .-§1, ch. 4190, 1893; §1, ch. 4349, 1895; OS 1105; RGS 1952; COL 3085; §7, ch. 22858, 1945.

168.13 Sale of municipally owned bridges to state road department, county, etc.-

( I) Where any bridge which is a connecting link or an essential part of a state highway of the state, has been constructed by any municipality of the state, and said municipality has issued its bonds or other obligations to pay all of the costs of construction of such bridge, the said municipality is hereby authorized and empowered to sell said bridge to the state road department, the county in which said bridge is located andjor to any proper state agency or commission now created or which hereafter may be created by law under and by a lease or rental agreement for the consideration and on a basis as hereinafter set forth, and the state road department, the county in which said bridge is located andjor any proper state agency or commission now created or which hereafter may be created by law is hereby authorized and empowered to purchase under and by any such lease or rental agreement such bridge, and to pay annually in semi-annual installments to said municipality such sum or sums as will be equal to the annual interest requirements of the said bonds or any and all other obligations or refunding bonds issued for the original bonds, and an additional amount which over a period of years will be sufficient to enable said municipality to pay off and retire said bonds or refunding bonds or to reimburse itself for the principal of said bonds, or such lesser lease purchase amount as may be agreed upon by the parties. When any purchase agreement as herein authorized has been fully performed such bridge shall become the property of the state as a part of the general state road system of Florida.

(2) Any bridge as mentioned and described in this section is hereby declared, designated and established as a state road of the system of state roads of this state with all the rights and privileges of designated state roads.

(3) This section shall be deemed cumulative and shall not repeal any other laws not specifically in conflict with the provisions hereof.

Hlstory.-§§1-8, ch. 20677, 1941.

168.14 Uncontaminated source of water essential.-It is hereby found and declared by the legislature of the state that uncontaminated sources of water supply for cities, towns and villages, and the inhabitants thereof, of this state, are essential to their health and welfare.

Hlstory.-§1, ch. 23974, 1947.

168.15 Definitions.-(!) As used in §§168.14-168.18, the phrase

"public water works" means and includes: (a) Any municipal corporation of this state; (b) Any special taxing district of this state; (c) Any person or group of persons; and

622


(d) Any corporation engaged in the business in this state of supplying any city, town, village, or the inhabitants thereof, or any community of this state, with water for human consumption (among other purposes).

(2) As used in §§168.14-168.18, the phrase "public water supply area" means any contiguous area of land in this state, whether or not such land area be wholly dry or in part under water, owned, leased, or rented, or lawfully used by any public water works, from which land area such public water works derives its water supply or any part thereof.

(3) As used in §§168.14-168.18, the phrase "posted public water supply area" means any public water supply area the boundaries of which have been posted and maintained with signboards at intervals of not more than two hundred yards, bearing a notice (in letters not less than four inches in height, and easily seen and read) reading, "posted public water supply area," followed by the name of the public water works lawfully using such public water supply area. Provided, however, that in computing the maximum distance apart of such signboards, with the prescribed notice thereon, any body of water more than two hundred yards in width at the intersection of the shore of such body of water with any boundary line of the public water supply area may be disregarded, but a signboard with the prescribed notice thereon shall be erected and maintained at each such shore and boundary line intersection. Provided, however, further, that maintenance of seventyfive per centum of the total number of signboards, with the notices thereon aforesaid, prescribed for the boundaries of such public water supply area, shall be held and taken as substantial and sufficient compliance with the provisions of this law as to posting.

(4) As used in §§168.14-168.18, the phrase "civil trespass" means and includes

public water works pursuant to the provisions of this law; and

(c) The negligent or intentional depositing, placing, dumping, or throwing, or causing to be deposited, placed, dumped, or thrown, upon any posted public water supply area of any filth, garbage, trash, refuse, debris, or human excreta, or of any animal excreta other than by any straying animal.

(6) Exceptions from definitions of civil and criminal trespass. There is hereby excluded from the foregoing definitions of civil and criminal trespass any entry upon any such posted public water supply area by any law enforcement officer of this state and of the United States, made or done by such law enforcement officer while actually engaged in the purposes of crime prevention or detection, or actually engaged m the pursuit, arrest, or removal of any person for violation of any of the criminal laws of this state and of the United States.

Hlstory,-§2, ch. 23974, 1947; §11, ch. 25035, 1949.

168.16 Additional remedy by injunction.In addition to any other remedy, suit, action or proceeding now provided by law, any public water works sustaining or suffering any civil trespass or criminal trespass, as herein defined, shall be entitled to a preliminary and permanent injunction against the perpetrator or perpetrators, or person or persons, corporation or corporations, committing or causing such civil or criminal trespass, upon complaint and due proof filed for that purpose in the circuit court of the county in which the involved posted public water supply area or the greater portion thereof shall be located.

Hlstory.-§3, ch. 23974, 1947; §11, ch. 25035, 1949.

168.17 Penalties.-All criminal trespasses as defined in this law are hereby prohibited, and any person or corporation shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

mstory.-§4, ch. 23974, 1947.

(a) Any entry or use, in any manner whatsoever, by any means or methods whatsoever, upon or of any posted public water supply area without the prior consent in writing of the public water works, or his, her, their or its authorized officers or agents, lawfully using such land 168.18 Evidence; maps; notices; etc.-In area, except as hereinafter provided as to law any civil or criminal suit, action, or proceeding enforcement officers; and under this law, and in any civil suit, action, or

(b) The negligent or intentional destruc- proceeding in part based upon this law, a copy, tion, removal, defacement, or injury of any certified by the clerk of the circuit court, or any signboard or the notice thereon, erected or map or plat of any posted public water supply maintained by any public water works pursuant area made and recorded in the office of such to the provisions of this law. clerk, together with certified copy of any renew-

al certificate, in the manner hereinafter pro(S) As used in §§168.14-168.18, the phrase vided, shall be prima facie evidence of the post-

"criminal trespass" means and includes ing of any public water supply area in the man-( a) Any entry by any human being upon any ner hereinabove specified; provided the date

posted public water supply area, without the of the certificate or renewal certificate of the prior consent in writing of the public water registered land surveyor upon such recorded works, or his, her, their or its authorized officers map or plat be not more than one year in date or agents, lawfully using such land area, except prior to the offer of such certified copy of such as hereinafter provided as to law enforcement recorded map or plat in evidence. Any public officers; and water works maintaining or lawfully using any

(b) The intentional destruction, removal, posted public water supply area may cause a defacement, or injury of any signboard, or the map or plat thereof to be made by a registered notice thereon, erected or maintained by any land surveyor of this state, in accordance with

623


the applicable provisions of §§177.03-177.05 177.07, 177.09 and 177.11, and also showing: '

(1) The location of each signboard, with notice thereon, erected along the boundaries of such posted public water supply area;

(2) A copy of the wording of the notices on such signboards; and Containing the certificate of such land surveyor certifying that such public water supply area was duly posted on the date of his certificate in accordance with the provisions of this law. Any such map or plat made in conformity with this section of this law shall, upon presentation for filing, be filed and recorded by the clerk of any circuit court in the s~me manner and for ~he same fees as are proVIded by law for the fihng and recording of plats of land subdivisions. Any public water works having caused a map or plat of its posted public water supply area to be prepared, filed and recorded, as herein provided, may from time to time have prepared and recorded new maps or plats of such posted public water supply area, or may cause any such recorded map or plat to

be renewed by causing the water supply area lawfully used by it to be inspected by a land surveyor, and, if found by the land surveyor to be posted in compliance with the provisions of this law, by causing a certificate to that effect of such land surveyor, duly acknowledged by the land surveyor, to be filed for record with the clerk of the circuit court of the county in which the original map or plat of such posted public water supply area was recorded. The clerk of the circuit court to whom such acknowledged renewal certificate shall be presented shall record the same in the manner that deeds are recorded, and shall endorse upon the record of the original map or plat of such posted public water supply area a notation of or reference to such renewal certificate and the book and page of the record of such renewal certificate. The clerk of the circuit court so receiving and recording any such renewal certificate shall receive the same fees as provided by law for the recording of assignments of mortgages and notations on the record of the mortgage of such satisfaction.

Hletoey.-§5, ch. 23974, 1947.

624

Ch. 169 POWER OF MUNICIPALITY TO BORROW MONEY Ch. 169

CHAPTER 169

POWER OF MUNICIPALITY TO BORROW MONEY

169.01 Approval of majority of freeholders 169.10 required before borrowing money.

169.02 Power to issue bonds.

Cities and towns may levy tax for payment of improvement bonds already issued.

169.03 Issuance of bonds to be submitted to 169.11 election.

Improvement bonds declared general obligation; city council authorized to levy tax for payment. 169.04 Issuing bonds; purposes authorized;

limitation of amount; proviso; elec- 169.12 tion.

Certificates may be deposited with treasurer as "improvement fund" ; issue of improvement bonds; form; amount of bonds; proceeds.

Form of bonds. Tax for bonds.

169.05 169.06 169.07 Issue of coupon bonds for refunding 169.13

bonded indebtedness. Optional with city or town to issue im

provement bonds and exchange for certificates; proviso. 169.08 Council may levy tax to pay principal

and interest. 169.09 Cities and towns may issue certificates

169.14

of indebtedness for amount assessed 169.15 against abutting property; form;

Chapter not to be construed as repealing certain laws.

Investment of sinking funds of a municipality in delinquent tax anticipation notes or current revenue notes.

when payable; interest; payment of certificate and interest guaranteed; redemption; ,sale of certificates.

169.01 Approval of majority of freehold· ers required before borrowing money.-The city or town council may borrow money or contract loans for the use of the city or town, whether from bodies corporate or individuals .residing in or out of the state, and pledge the funds, credit and property of the corporation for the redemption of such loan or loans; provided, that when any city or town shall borrow money, contract loans, or issue bonds or other evidences of indebtedness pursuant to the provisions of this or the following chap. ter, and the said borrowing, contracting or issuance shall come within the purview of §6 of Art. IX of the constitution of the state, the same shall be done only after said borrowing, contracting or issuance shall have been approved by the majority of the votes cast in an election in which a majority of the freeholders who are qualified electors residing in such city or town, shall participate.


169.02 Power to issue bonds.-The city or town council may issue bonds bearing such rates of interest as may be deemed best by the council, not exceeding the legal rate of interest in this state, whenever it may be necessary for the purpose of building or repairing the public works of the city, the widening and extension of streets or parks, payment of existing indebtedness of the city, or any other municipal purpose.

History.-§6, ch. 8024, 1877; RS 712; GS 1061; RGS 1899; CGL 3009. cf.-§687.01 Legal rate of Interest.

169.03 Issuance of bonds to be submitted to election.-Before any bonds are issued, the question of issuing them, as well as the amount

in favor of issuing the bonds and the amount proposed to be issued, in that event it is lawful for them to be issued; otherwise not.

Histo..,..-§7, ch. 8024, 1877; RS 718; GS 1062; RGS 1900; CGL 3010.

169.04 Issuing bonds; purposes authorized; limitation of amount; proviso; election.-Cities and towns may issue bonds for the purpose of building or repairing public buildings, or water works of the city or town, widening or extending streets or parks, purchasing or establishing gas or electric light plants for the city or town, or for any other municipal purpose, to an amount not exceeding ten per cent of the assessed value of the real and personal property within its incorporated limits; but this limitation shall not operate to prevent the issue by any city or town of additional bonds, which, with the existing bonded indebtedness, shall not exceed 1:en per cent of the assessed value of the real and personal property within its corporate limits; provided, that no bonds shall be issued by any city or town until the question of issuing same shall have been decided in favor of such bond issue by an election held for that purpose in the manner provided by §§100.201-100.221, 100.241-100.351; provided, this section shall not apply to cities and towns which have special charters from the legislature.

History.-§5, ch. 3476, 1883; RS 714; §1, ch. 5465, 1905; GS 1063; RGS 1901; CGL 8011.

169.05 Form of bonds.-Bonds shall have the seal of the corporation, shall be signed by the mayor and city clerk, and shall be payable at such time and place as the city council may designate.


to be issued, shall be submitted at an election 169.06 Tax for bonds.-The city council as provided in §169.01, in such manner and shall assess and collect such taxes from the after such public notice as may be deemed citizens and upon the property within the city, necessary by the city council; and should a as shall be necessary for the payment of inmajority of the votes cast in said election be terest upon, as well as the final payment of

625


said bonds; provided, however, that all property shall be taxed upon the principle established by state taxation.

Hletory.-§20, ch. 1688, 1869; RS 716; GS 1065; RGS 1903; CGL 8013.

169.07 Issue of coupon bonds for refunding bonded indebtedness.-Any city or town of the state, for the purpose of extending the time of payment of any bonded indebtedness, which from its limits of taxation such city or town is unable to pay at maturity, or when it appears to the trustees or council of such city or town for the best interest of the same, said city or town may, through its council or trustees, compound, settle, refund and retire any existing bonded indebtedness lawfully made and undertaken for the same by authority of law, and for this purpose, by resolution at any regular meeting introduced and passed, may issue its negotiable coupon bonds of such city or town, and such bonds shall be in the denomination of one hundred dollars, five hundred dollars or one thousand dollars, bearing interest at a rate not exceeding six per cent per annum, such interest to be paid semi-annually at such place or places as said council or trustees may elect; provided, however, that no bonded indebtedness of such city or town shall be so compounded, refunded or extended unless such bonded indebtedness is a valid and binding obligation of such city or town; which resolution shall also state the amount of existing bonded indebtedness to be refunded or extended, the aggregate amount of bonds to be issued therefor, their number and denomination, the date of maturity, the rate of interest they shall bear and the place or places of payment of principal and interest. SO~~story.-§1, ch. 4712, 1899; GS 1066; RGS 1904; CGL

each week for at least four weeks in some ne:wsp~per of general circulation published in said City or town, and when no newspaper is :published therei?, in some newspaper published m the nearest city or town thereto in the same county, the said notice to etate also the time and place of the meeting at which the matter is to be considered. BO~~story.-§1, ch. 4712, 1899; GS 1067; RGS 1905; CGL

169.09 Cities and towns may issue certificates of indebtedness for amount assessed against abutting property; form; when payable; interest; payment of certificate and interest guaranteed; redemption; sale of certificates.-The city or town council, or commissioners, as the case may be, of all cities and towns in the state, whether incorporated and operating unrler the general laws of said state or under special act, may, after any assessment for municipal improvement is made, issue certificates of indebtedness for the amount so assessed against the abutting property or property benefited, as the case may be, and separate certificates shall be issued against each tract of land assessed, containing a description of the land and the amount of the assessment, together with the general nature of the improvement for which the said assessment is made, and the date thereof. Said certificates shall be payable in not less than one or more than ten years after date, in not more than ten equal installments, as the council or commissioners may determine, with interest to be fixed by the council or commissioners at a rate no greater than eight per cent per annum, payable annually from the date of the issuance of the certificates of indebtedness. The payment of such certificates and annual interest shall be guaranteed by the city or town, and in case of nonpayment of any interest or principal at maturity by the property owner the same shall be redeemed by the city or town at the option of th~ holder thereof; but ~aid redemption by the city or town shall not discharge the lien or the assessment against the property, and in case of nonpayment of any interest or any install~e?t upon af!Y cer~ifica~e issued under the proVISions of this section, It shall be optional with the holder thereof to consider the whole of said sum expressed in said certificate as immediately due and payable with interest to date. The certificates when issued may be sold or disposed of by the council or commissioners, as the case may be, in payment for said work or improvements, or for cash, in the discretion of the council or commissioners, and all certificates of indebtedness constituting a lien upon property shall be payable at the office of the treasurer or depository of the city or town, as the case may be.

169.08 Council may levy tax to pay principal and interest.-The said council or trusttees shall annually levy a tax upon all real and personal property situated within the limits of the city or town, not to exceed fifty cents on the one hundred dollars of the assessed value of such property in any one year, sufficient to pay the semi-annual interest, and to pay not less than two per cent annually on the principal of said bonds, besides the expenses of assessing and collecting the same ; and no bonds shall be issued under the provisions of this law, unless a levy as hereinbefore provided shall have been made sufficient to pay the first year's interest and two per cent of the principal of the said bonds; provided, however, that nothing herein contained shall be construed to authorize such city or town to levy any tax in excess of that authorized by the constitution and laws now in force and the provisions of this section and §169.07; provided further, that the bonds so issued shall not bear a rate of interest greater Hlstory.-§1, ch. 6864, 1915; RGS 1906; CGL 8016.

than the bonds refunded; provided, however 169.10 Cities and towns may levy tax for that any action taken under this chapter by payment of improvement bonds already issued. any council, trustee or trustees, shall not be -All cities and towns which have issued any valid unless previous notice of the intention to improvement bonds under the provisions of consider such matter has been published once §169.12, may levy a tax on all property tax-

626


able by such city or town for the purpose of paying either the principal or interest due upon any such bonds if the same shall, in the opinion of the council of such city or town, be necessary.

Hlstory.-§1, ch. 9299, 1923; CGL 8018.

169.11 Improvement bonds declared general obligation; city council authorized to levy tax for payment.-Any and all bonds which may hereafter be issued by any city or town in the state pursuant to §169.12, are declared to be the general obligations of said city or town, and the council of said city or town is authorized to levy a tax on all property taxable by such city or town, for the payment thereof, if necessary.

Hlstory.-§2, ch. 9299, 1923; CGL 3019.

169.12 Certificates may be deposited with treasurer as "improvement fund"; issue of irn· provement bonds; form; amount of bonds; proceeds.-

(1) The council or commissioners, at their option, instead of disposing of said certifi· cates of indebtedness and guaranteeing the pay· ment thereof, as above provided, may retain such certificates of indebtedness and deposit the same with the treasurer or depository, as the case may be, in a special and separate fund, to be known as the "improvement fund;"

(2) The council or commissioners may issue and sell bonds, to be designated "improvement bonds," of the city or town, with interest coupons attached, to an amount not in excess of the aggregate amount of said certificates of indebtedness that shall, from time to time, be issued, bearing interest at a rate not to exceed six per cent per annum, payable semi-annually; or whenever certificates are not issued, but liens are entered in a book provided for that purpose, the council or commissioners, at their option, may issue and sell bonds, to be designated "improvement bonds" of the city or town, with interest coupons attached, to an amount not in excess of the aggregate amount of said liens so entered as aforesaid, and said bonds may be issued from time to time, bearing interest at a rate not to exceed six per cent per annum, payable semi-annually.

(3) Such bonds shall be issued with such maturities and in such form and denomination as the council or commissioners shall from time to time determine. Any bonds that shall be issued pursuant to the provisions of this section shall not be computed in determining the limitations of the bonded indebtedness prescribed by the special charter or general law under which such city or town shall be operating;

(4) The amount of such bonds so issued shall never exceed the amount of certificates of indebtedness deposited with the treasurer or depository, or the amount of liens assessed and entered as aforesaid, and the maturities of the bonds shall coincide substantially with the maturities of the installments of the certificates of indebtedness so deposited, or of the liens, and the rate of interest

on the certificates or liens shall never be less than the rate of interest on the bonds. The proceeds of said certificates or liens when paid shall be used and applied exclusively to the payment and retirement of the bonds so issued, and all such bonds shall bear a certificate duly signed by the treasurer or depository, certifying that certificates of indebtedness equal in amount to the face value of the bonds being issued have been deposited by the city or town with such city treasurer or depository; or, when no certificates are issued and the improvement bonds are based on liens, then and in that event such bonds shall bear a certificate, duly signed by the clerk, certifying that the amount of said liens are equal in amount to the face value of the bonds being issued.

(5) The proceeds of all such certificates or liens shall be applied exclusively to the payment and retirement of such bonds when the same shall mature or become due. In case there shall not be sufficient money in the "improvement fund" to pay any installment of interest at maturity, the city or town shall borrow such an amount of money as shall be necessary for said purpose, issuing a note against said fund, due within not more than twelve months, and such note shall bear interest at not more than eight per cent per annum.

(6) Any law regulating the manner, price or terms of the sale of improvement lien certificates by any city or town shall apply to and govern the sale of improvement bonds by such city or town.


169.13 Optional with city or town to issue improvement bonds and exchange for certificates; proviso.-In all cases where certificates of indebtedness have been issued and sold by any city or town, and in all cases where contracts have been let, by the terms of which the contractor obligating to construct any municipal improvement has agreed to take certificates of indebtedness in payment for the work, and in all cases where certificates have heretofore been issued but not sold, it shall be optional with the city or town to issue improvement bonds and exchange the same for such certificates of indebtedness as the council or commissioners of such city or town shall deem expedient; provided, that after certificates have been sold, bonds shall not be exchanged therefor without the consent of the owner of the certificates.


169.14 Chapter not to be construed as repealing certain laws.-This chapter shall not be construed as repealing any general law or special charter provision under which any city or town is now or shall hereafter be operating, but the same shall be construed as conferring upon all cities and towns, whether incorporated under the general laws of Florida or under special charter acts, additional powers and an additional method of issuing and selling certificates and improvement bonds. Hlstory.-14,_ ch. 6864, 1915; RGS 1909; CGL 8021.

627


169.15 Investment of sinking funds of a municipality in delinquent tax anticipation notes or current revenue notes.-Whenever any municipality shall, under the authority of and in accordance with law providing therefor. issue delinquent tax anticipation notes which are secured by a pledge of delinquent taxes and tax certificates, as authorized by law, and whenever such municipality, in accordance with the requirements of law, shall have adopted its budget for any fiscal year and have approved the tax roll and made the tax levy, as required by law, and shall issue against such budget, as now authorized by law current revenue notes, then or in either such case, the sinking fund trustees of such municipality may invest in said notes, or either of them, sinking fund money held by them as such trustees; provided, that no investment of sinking fund moneys shall be made under authority of this section except

where the balance on hand in cash, or on deposit after such investment, shall at least equal the amount of all maturities for the next succeeding six months in the issue for which said fund was accumulated; and, provided further, that no sinking fund moneys shall be invested in delinquent tax anticipation notes except where, first, the aggregate combined investment of sinking funds in delinquent tax anticipation notes and current revenue notes shall not exceed thirty-five per cent of the sinking fund, and, second, the entire delinquent tax roll of said municipality be pledged for the payment of such issue and such issue of said delinquent tax notes shall be limited to not to exceed twenty per cent of the face value of said delinquent certificates exclusive of interest and penalties.

Hlotory.-§1, ch. 17124, 1936; CGL 1936 Supp. 8100(27).

628

Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170

CHAPTER 17()

SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS

170.01

170.02

170.03

170.04

170.05 170.06 170.07 170.08

170.09

170.10

170.11

Authority for providing improvements and levying and collecting special assessments against property benefited.

Method of prorating special assessments.

Resolution required to declare special assessments.

Plans and specifications, with estimated cost of proposed improvement required before adoption of resolution.

Publication of resolution. Assessment roll. Publication of assessment roll. Equalizing board to hear complaints

and adjust assessments; rebate of difference in cost and assessment.

Priority of lien, interest and method of payment.

Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process.

Bonds may be issued to an amount not exceeding the amount of liens assessed for the cost of improvements to be paid by special assessment.

170.01 Authority for providing improvements and levying and collecting special assessments against property benefited.-Any city, town or municipal corporation of this state, hereinafter referred to as the municipality, whether organized under the general law, or under special act, or having a charter adopted by vote under an enabling act, (hereinafter referred to as the governing authority) may, by its governing authority, provide for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard surfacing, widening, guttering and draining of streets, boulevards and alleys, for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing sidewalks; may order the construction or reconstruction of sanitary sewers, storm sewers and drains, including the necessary appurtenances thereto; may order the construction or reconstruction of water mains, water laterals and other water distribution facilities, including the necessary appurtenances thereto; provide for the drainage and reclamation of wet, low or overflowed lands; and may provide for the payment of all or any part of the costs of any such improvements by levying and collecting special assessments on the abutting, adjoining, contiguous or other specifically benefited property.

67~1::~ry.-§l, ch. 9298, 1923; CGL 3022; §1, ch. 59-396; §1, ch.

170.14

170.15

170.16

170.17

170.18

170.19 170.20 170.21

Governing authority of municipality required to make new assessments until v;alid assessment is made if special assessment is omitted or held invalid.

Governing authority of municipality may pay out of its general funds or any special fund for the purpose, portion of cost of improvement; items considered improvement cost.

Assessment roll sufficient evidence of assessment and other proceedings of this chapter; variance not material unless party objecting materially injured thereby.

Denomination of bonds, interest, place of payment, form, signatures, coupons and delivery.

Notice required where no newspaper is published in county in which municipality is situated.

Construction and authority of chapter. Bonds negotiable. Provisions of chapter supplemental, ad

diti'onal and alternative procedure.

improvement in proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by said improvement, or by such other method as the governing body of the municipality may prescribe.

Hlstoey.-§2, ch. 9298, 1923; CGL 8023.

170.03 Resolution required to declare special assessments.-When the governing authority of any municipality may determine to make any public improvement authorized by §170.01 and defray the whole or any part of the expense thereof by special assessments, said governing authority shall so declare by resolution stating the nature of the proposed improvement, designating the street or streets or sidewalks to be so improved, the location of said sanitary sewers, storm sewers and drains, the location of said water mains, water laterals and other water distribution facilities or the location of the drainage project, and the part or portion of the expense thereof, to be paid by special assessments, the manner in which said assessments shall be made, when said assessments are to be paid, what part, if any, shall be apportioned to be paid from the general improvement fund of the municipality, and said resolution shall also designate the lands upon which the special assessments shall be levied, and in describing said lands it shall

170.02 Method of prorating special assess- be sufficient to describe them as "all lots and ments.-Special assessments against property lands adjoining and contiguous or bounding deemed to be benefited by local improvements, and abutting upon such improvements or apeas provided for in §170.01, shall be assessed cially benefited thereby and further designated upon the property specially benefited by the by the assessment plat hereinafter provided

629


for." Such resolution shall also state the total estimated cost of the improvement. Such estimated cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction, administrative expense and such other expense as may be necessary or incident to the financing herein authorized.

IDstory.-§3, ch. 92D8, 1923; COL 3024; §2, ch. 59-396; §2, ch. 61-552.

170.04 Plans and specifications, with estimated cost of proposed improvement required before adoption of resolution.-At the time of the adoption of the resolution provided for in §170.03, there shall be on file with the town or city clerk, or like officer, of the municipality adopting said resolution, an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans and specifications and estimate shall be open to the inspection of the public.

mstory.-§4, ch. 9298, 1923; COL 3025; §3, ch. 59-396.

170.05 Publication of resolution.-Upon the adoption of the resolution provided for in §170.03, the municipality shall cause said resolution to be published one time in a newspaper of general circulation published in said municipality, and if there be no newspaper published in said municipality, the governing authority of said municipality shall cause said resolution to be published once a week for a period of two weeks in a newspaper of general circulation published in the county in which said municipality is located.

Hlstory.-§5, ch. 9298, 1923; CGL 3026.

170.06 Assessment roll.-Upon the adoption of the resolution aforesaid, the governing authority of the municipality shall cause to be made an assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed and filed with the governing authority of the municipality as promptly as possible; said assessment roll shall show the lots and lands assessed, the amount of the benefit to and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll.

Blstory.-§6, ch. 9298, 1923; COL 3027; §3, ch. 67-552.

170.07 Publication of assessment roll.Upon the completion of said assessment roll, the governing authority of the municipality

shall by resolution fix a time and place at which the owners of the property to be assessed, or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved. Ten days notice in writing of such time and place shall be given to such property owners which shall be served by mailing a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the tax assessor or from such other sources as the city or town clerk or engineer deems reliable, proof of such mailing to be made by the affidavit of the clerk or deputy clerk of said municipality, or by the engineer, said proof to be filed with the clerk, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in said municipality, and if there be no newspaper published in said municipality the governing authority of said municipality shall cause said notice to be published in like manner in a newspaper of general circulation published in the county in which said municipality is located; provided that the last publication shall be at least one week prior to the date of the hearing. Said notice shall describe the streets or other areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the clerk of the municipality. Such service by publication shall be verified by the affidavit of the publisher and filed with the clerk of said municipality.

mstory.-§7, ch. 9298, 1923; COL 3028; §4, ch. 59-396.

170.08 Equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assessment.-At the time and place named in the notice provided for in §170.07, the governing authority of the municipality shall meet as an equalizing board to hear and consider any and all complaints as to such special assessments, and shall adjust and equalize the said assessments on a basis of justice and right, and when so equalized and approved by resolution or ordinance of the governing authority, such assessments shall stand confirmed, and remain legal, valid and binding first liens, upon the property against which such assessments are made, until paid; provided, however, that upon completion of the improvement the municipality shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed, and the proportionate part of the actual cost of said improvement to be paid by special assessments as finally determined upon the completion of said improvement, provided that in no event shall the final assessments exceed the

630


amount of benefits originally assessed. Promptly after such confirmation, the assessments shall be recorded by the city clerk in a special book, to be known as the "improvement lien book," and the record of the lien in said book shall constitute prima facie evidence of its validity.

Bfstory.-§8, ch. 9298, 1923; COL 3029; §5, ch. 59-396.

170.09 Priority of lien, interest and method of payment.-Said assessments shall be payable at the time and in the manner stipulated in the resolution providing for said improvements, and said special assessments shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid, and shall bear interest at a rate not to exceed eight per cent per annum from the date of the acceptance of said improvement and may, by the resolution aforesaid, be made payable in not more than ten equal yearly installments, to which, if not paid when due, there shall be added a penalty at the rate of one per cent per month, until paid; provided that said assessments may be paid without interest at any time within thirty days after the improvement is completed, and a resolution accepting the same has been adopted by the governing authority.

History.-§9, ch. 9298, 1923; COL 3030; §6, ch. 59-396; §1, ch. 61-349; §4, ch. 67-552.

170.10 Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process.-Each annual installment provided for in §170.09 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the governing authority of the municipality shall cause to be brought the necessary legal proceedings by a bill in chancery to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable solicitor's fee, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment service of process against unknown, or nonresident defendants, may be had by publication, as now provided by law in other chancery suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under chapter 173.

Hlstory.-§10, ch. 9298, 1923; COL 3031; §7, ch. 59-396.

170.11 Bonds may be issued to an amount not exceeding the amount of liens assessed for the cost of improvements to be paid by special assessment.-After the equalization, approval and confirmation of the levying of the special assessments for improvements as provided by §170.08 and as soon as a contract for said improvement has been finally let, the governing authority of the municipality may by resolution or ordinance authorize the issuance of bonds, to be designated "Improvement bonds, series No. ___ , in an amount not in excess of the aggregate amount of said liens levied for such improvements. Said bonds shall be payable from a special and separate fund to be known as the "Improvement fund, series No. __ , whieh shall be used solely for the payment of the principal and interest of said "Im-provement bonds, series No. ___ , and for no other purpose. Said fund shall be deposited in a separate bank account and all the proceeds collected by the city from the principal, interest and penalties of said liens shall be deposited and held in said fund. Said bonds so issued ilhall never exceed the amount of liens assessed, and said bonds shall mature not later than two years after the maturity of the last installment of said liens. Said bonds shall bear certificates signed by the clerk of the municipality certifying that the amount of liens levied, the proceeds of which are pledged to the payment of said bonds, are equal to the amount of the bonds issued. The bonds may be delivered to the contractor in payment for his work or may be sold at public or private sale for not less than par and accrued interest, the proceeds to be used in paying for the cost of the work. Said bonds shall not be a charge on, or payable out of, the general revenues of the city, but shall be payable solely out of said assessments, installments, interest and penalties. Any surplus remaining after payment of all bonds and interest thereon shall revert to the city and be used for any municipal purpose.

Hlstory.-§11, ch. 9298, 1923; COL 3032; §8, ch. 5U-3US; 15, ch. 67-552.

170.14 Governing authority of municipality required to make new assessments until valid assessment is made if special assessment is omitted or held invalid.-If any special assessment made under the provisions of this chapter to defray the whole or any part of the expense of any said improvement shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the governing authority of any municipality shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the governing authority of a municipality shall have omitted to make such assessment when it might have done so, the governing authority of the municipality shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any improvement, fol-

631


lowing as nearly as may be the provisions of this chapter and in case such second assessment shall be annulled, said governing authority of any municipality may obtain and make other assessments until a valid assessment shall be made.

WatM:r.-§14, ch. 9298, 1923; COL 3035; §11, ch. 59-396.

170.15 Governing authority of municipality may pay out of its general funds or any special fund for the purpose, portion of cost of improvement; items considered improvement cost.-The governing authority of any municipality may pay out of its general funds or out of any special fund that may be provided for that purpose such portion of the cost of any improvement as it may deem proper.

WstM:r.-§15, ch. 9298, 1923; COL 3036; §12, ch. 69-396.

170.16 Assessment roll sufficient evidence of assessment and other proceedings of this chapter; variance not material unless party objecting materially injured thereby.-Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not affect the validity of the same where the assessment roll has been confirmed by the governing authority, and the assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby.

Hlstoey.-§16, ch. 9298, 1923; CGL 8087.

170.17 Denomination of bonds, interest, place of payment, form, signatures, coupons and delivery.-All bonds issued under this chapter shall be the denomination of one hundred dollars, or some multiple thereof, and shall bear interest at a uniform rate not exceeding six per cent per annum, payable annually or semiannually thereafter until maturity, and ten per cent per annum after maturity, and both principal and interest shall be payable at such place or places as the governing authority may determine. The form of such bonds shall be fixed by resolution of the governing authority of the municipality and said bonds shall be signed by the mayor or chief executive officer of the municipality and the clerk or other like officers thereof, under the seal of the municipality; the coupons, if any, shall be executed by the fac-

simile signatures of said officers. The delivery of any bond and coupon so executed at any time thereafter shall be valid although before the date of delivery the person signing such bond or coupons shall cease to hold office.

Wstor:r.-11'1, ch. 9298, 1923; COL 3038; §13, ch. 69-398.

170.18 Notice required where no newspaper is published in county in which municipality is situated.-Where by any of the provisions of this chapter any notice is required to be given by publication in a newspaper, if there be no newspaper published in the county in which the municipality is situated, then such notice shall be posted for the prescribed period of time in at least five public places in the municipality, one of which shall be the city or town hall, or the place of meeting of the governing authority, if there be no city or town hall.

Hlstoey.-§18, ch. 9298, 1923; CGL 3039.

170.19 Construction and authority of chapter.--This chapter shall, without reference to any other law of Florida, be full authority for the issuance and sale of the bonds by this chapter authorized, and shall be construed as an additional and alternative method for the financing of the improvements referred to herein. No ordinance, resolution, election or proceeding in respect of the issuance of any bonds hereunder shall be necessary, except such as is required by this chapter, and no publication of any resolution, ordinance, election, notice or proceeding relating to the issuance of the bonds provided for by this chapter shall be required, except such as required by this chapter.

Blstor:r.-119, ch. 9298, 1923; COL 3040; reenacted §14, ch. 69-396.

170.20 Bonds negotiable.-Bonds issued under §170.11 shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value.

mstor:r.-§20, ch. 9298, 1923; COL 3041; §15, ch. 59-396.

170.21 Provisions of chapter supplemental, additional and alternative procedure.-This chapter shall not repeal any other law relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional and alternative method of procedure for the benefit of all cities, towns and municipal cor· porations of the state, whether organized under special act or the general law, and shall be liberally construed to effectuate its purpose.

Blstor:r.-§21, ch. 9298, 1923 ; COL 3042; reenacted §16, ch. 69-396.

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Ch. 171 MUNICIPAL TERRITORIAL LIMITS; TAXING DISTRICTS Ch. 171

CHAPTER 171

CONTRACTION AND EXTENSION OF MUNICIPAL TERRITORIAL LIMITS; CONSOLIDATION OF TAXING DISTRICTS

171.01 Contrac-ting of territorial limits. 171.02 Landowners may petition court to have

certain land excluded from corporation limits.

171.03 Effects of exclusion. 171.04 Extension of territorial limits. 171.041 Validation of annexations effected prior

to July 1, 1964; limitation in certain cities.

171.05 Extending limits of cities of over ten thousand inhabitants.

171.06 Annexed property liable for city debts; provisos.

171.07 Conduct of election, etc.

171.01 Contracting of territorial limits.If any incorporated city or town shall desire to contract its territorial limits by excluding from its corporate limits and jurisdiction any portion of its incorporated territory it shall be lawful so to do in the following manner: The council of such city or town, by ordinance, shall declare its desire to exclude such district, describing the same by metes and bounds, and shall call an election of the registered voters of the remaining district of the said city or town to approve or disapprove of the said ordinance. Each election shall be held separately in the respective districts, but upon the same day; and thirty days' public notice shall be given of the time, purpose and place of said election, by proclamation issued by the mayor, which proclamation shall contain a copy of said ordinance. If two-thirds of the registered voters actually voting in each shall approve of such ordinance, the council shall thereupon, by ordinance, declare the new limits of the city or town, excluding therefrom the portion so excluded, and cause the said ordinance, together with the previous ordinance aforesaid, the mayor's proclamation aforesaid, and certificate of the result of such election, to be recorded in the records of the council, and also in the clerk's office in the county where such city or town is situated.

Hlstory.-§2, ch. 3163, 1879; RS 720; ch. 4601, 1897; §1, ch. 5197, 1903; GS 1072; RGS 1916; CGL 8048.

171.02 Landowners may petition court to have certain land excluded from corporation limits.-

(1) When any incorporated town (or city) containing less than one hundred and fifty qualified electors shall, owing to extent of territory, have embraced within the limits any lands which may from distance or other cause be virtually or commensurately excluded from the benefits of such municipal organization, it is lawful for any owners of such lands or threefourths of them desiring to have the same excluded from such corporation limits and jurisdiction, to apply by petition to the circuit court in and for the county in which said incorporated town is situated, setting forth in said petition the limits of such incorporated town as

171.08 Not to apply to city of Jacksonville; proviso.

171.09 Annexation of one municipality to another.

171.10 Effects of annexation. 171.11 Consolidation of taxing district and

city or town. 171.12 Consol1idation determined by election;

form of ballot. 171.13 Transfer. 171.14 Debts, liabilities, outstanding bonds

and issuance of refunding bonds after consolidation.

171.15 Judgments after consolidation.

then existing and the grounds of his or their objection to be included within the limits of such corporation; whereupon the circuit court shall order notice of said application to be served upon the mayor of said town or city and appoint a day for the hearing of such application.

(2) If upon the hearing of said application the said court shall sustain the said objection, the said tract or tracts of land shall be excluded. Such petition may be heard and determined by said court in term time or vacation, and any question of fact may be determined by said court without a jury.


171.03 Effects of exclusion.-Whenever any portion of any city or town is excluded as aforesaid, such portion and the citizens thereof shall be thereby forever released from all debts, duties, or liabilities of the said city or town; and all public property, both real and personal, whether situated in the district so excluded or in the remaining district, and all rights and franchises belonging to such city or town at the time of exclusion, shall remain and be the property of such city or town.


171.04 Extension of territorial limits.-(1) If any incorporated city or town shall

desire to change its territorial limits by the annexation of any unincorporated tract of land lying contiguous thereto and within the same county, it is lawful so to do in the following manner: If such tract contains less than ten registered electors, the council of said city or town shall, by ordinance duly passed and approved as provided by law, declare its intention to annex such tract of land to said city or town at the expiration of thirty days from the approval of said ordinance, which said ordinance shall thereupon be published once a week for four consecutive weeks in some newspaper published in such city or town; or if no newspaper is published in said city or town, then in a newspaper published in the same county, and if no newspaper is published in said county, then at least three printed copies of said

633


vided by this section is in addition to any other procedure provided by any special or local law. and no such special or local law is repealed or modified by this act.

(2) Any improved parcel of land which is owned by one individual, corporation or legal entity, or owned collectively by one or more individuals, corporations or legal entities, proposed to be annexed under the provisions of this act shall not be severed, separated, divided or partitioned by the provisions of said ordinance; but shall, if intended to be annexed, or annexed, under the provisions of this act, be annexed in its entirety and as a whole; provided, however, that nothing herein contained shall be construed as affecting the validity or enforceability of any ordinance declaring an intention to annex land under the existing law that has been enacted by any municipality prior to the effective date of this act; provided, however, the owner of such property may waive the requirements of this section if such owner does not desire all of his tract or parcel included in said annexation, and providing further that nothing herein contained shall alter or repeal any local or special act pertaining to any municipality of the state.

(3) This section shall be applicable to munieipalities regardless of whether their boundaries have been previously fixed by special act or under general law. Provided however that nothing in this section shall apply to municipalities located in counties having home rule under the constitution, nor in any county having a population of more than 390,000 and less than 450,000.

Bistory.-ch. 1688, 1869; §2, ch. 3163, 1879; RS 722; GS 1075; RGS 1918; CGL 3051; §§1, 1A, ch. 28284, 1953; §1, ch. 61·350 ; §1, cb. 63-311.

171.041 Validation of annexations effected prior to July 1, 1964; limitation in certain cities.-All annexations of territory to municipalities prior to July 1, 1964, effected under the procedure provided by §171.04 are validated in all respects whatsoever as of the date of annexation, provided, however, that with respect to said annexations in all municipalities in any county of the state having a population of not less than sixty-four thousand and not more than sixty-eight thousand, according to the latest official decennial census, no area shall be annexed hereunder without a favorable vote of a majority of all electors voting thereon and residing in the area to be annexed hereunder in a referendum election.

History .-§1, ch. 65-563.

ordinance shall be posted for four consecutive weeks at some conspicuous place in said city or town, and three copies in like manner in the district to be annexed. If at any time before the expiration of the thirty days, any ten registered electors of said city or town, or any two owners of r eal estate in the district so proposed to be annexed, shall object to such annexation, they may apply by petition to the circuit court in and for the county in which said city or town is situated, setting forth in said petition the proposed proceedings of said city or town, and the grounds of their objection thereto; whereupon the said circuit court shall order notice of said application to be served upon the mayor of said city or town, and appoint a day for the hearing of said application; and all further action in the premises by the said city or town shall thereupon be stayed until the further order of the said court. If, upon the hearing of the said application, the said court shall sustain the said objection, the said tract of land shall not be annexed; otherwise the said application shall be dismissed and the said tract of land shall be annexed to the said city or town. Such petition may be heard and determined by said court either in term time or in vacation, and questions of fact may be determined by such a court without a jury, but each party may demand a jury if it so desires. If no objection is filed and notice served as aforesaid within the said thirty days, the said city or town may proceed by ordinance to annex the said tract of land and to redefine the boundary lines of the said city or town so as to include therein the said tract of land. If the tract of land so proposed to be annexed contains ten or more registered electors, the ordinance proposing to annex said tract of land shall be submitted to a separate vote of the registered electors of the said city or town and of said tract of land. Such election shall be called and conducted, and the expense thereof paid by the corporate authorities of said city or town; and the said tract of land shall not be annexed unless such annexation is approved by a majority of the registered electors actually voting at such election in said district and in said city or town, provided, that any unincorporated tract of land proposed to be so annexed shall, when annexed, constitute a reasonably compact addition to the incorporated territory with which it is combined; that if such tract of land is vacant and uninhabited, or if such tract of land is owned solely by only one individual person, firm or corporation, then and in either of such events, only one owner of 171.05 Extending limits of cities of over real estate in the district so proposed to be ten thousand inhabitants.-annexed who objects to the proposed annexa- (1) The corporate limits of any city or tion, may apply by petition to the circuit court town in this state having a population of in and for the county in which said city or town over ten thousand inhabitants, may be at is situated, in the same manner and with the any time extended so as to include adjasame effect as hereinabove provided in cases cent territory, whether incorporated or not, where two owners of real estate are required not then included within such limits, by ordito join in objecting to such proposed annexation. nance to be passed by the council of such city The term "one individual person" as used here- or town, and approved by the mayor, or duly inabove shall include a man and wife who own passed over his veto; such ordinance proposing property jointly. The method of annexation pro- to annex said territory shall be submitted to a

634


separate vote of the registere.d elec!ors of the said city or town and of the said territory. Such election shall be called and conducted and the expenses thereof paid by the corporate territories of the said city or town and the said territory shall not be annexed unless such annexation is approved by a majority of the registered electors actually voting in such election in sa id territory and in said city or town. Such ordinance shall provide for the registration, on registration lists to be used at such election, of all persons residing at the time of passage of such ordinance, within the entire territory to be included within the proposed city limits who would, if residing within the original corporate limits at that time, be eligible to qualify to vote for municipal officers at any city election. The method of annexation provided by this section is in addition to any other procedure provided by any special or local law, and no such special or local law is repealed or modified by this act.

(2) This section shall be applicable to municipalities regardless of whether their boundaries have been previously fixed by special act or under general law.

Wstory.-§1, ch. 5464, 1905; RGS 1921; CGL 3045; §11, ch. 25035, 1949; §1, ch. 28072, 1953; §2, ch. 61-350.

171.06 Annexed property liable for city debts; provisos.-All public property, rights and franchises theretofore belonging to any city or town so annexed under §171.05, 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 consequently liable for all debts and obligations and subject to every species of taxation imposed upon the original inhabitants of the city or town to which they may be annexed; provided, however, that the real estate or other property which may be within any territory so annexed at the time of any such election shall not be liable for, nor taxed to pay any bond indebtedness of the city or town to which it may be annexed existing at the time of any such election; and, provided further, that the real estate or other property which may be within the city or town to which such annexation may be made shall not be liable for, or taxed to pay any bond indebtedness of any such city or town so annexed which may be existing at the time of such election.

Wstory.-§2, ch. 5464, I905; RGS 1922; CGL 3055.

171.07 Conduct of election, etc.-At any election held under the provisions of §171.05 at least one polling place shall be located within the territory proposed to be annexed, and at least one of the inspectors at every polling place shall be duly registered under the provisions of this chapter, and an inhabitant of the territory so annexed. And every such election shall be held and conducted by the city or town so proposing to extend its territory and according to this chapter and the ordinances passed pursuant to the same.

Hlstoey.-§3, ch. 6464, 190_!;; RGS 1923; CGL 8056.

171.08 Not to apply to city of Jacksonville; proviso.-The provisions of §§171.05-171.07 shall not affect the provisions of the special charter of the city of Jacksonville or any act amendatory thereof or extending its special powers or apply thereto unless the same shall be accepted or adopted by ordinance of said city specially passed for such purpose.

Hlstory.-§4, ch. 5464, 1905; RGS 1924; CGL 8057,

171.09 Annexation of one municipality to another.-If any incorporated city or town desires to annex or to be annexed to any other incorporated city or town lying contiguous thereto, such city or town shall so declare by ordinance 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 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 §171.01, and if a two-thirds majority of the registered voters actually voting in each city or town approve of said 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.


171.10 Effects of annexation.-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 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.

Hlstoey.-§3, ch. 3163, 1879; RS 724; GS 1077; RGS 1920; CGL 3053.

171.11 Consolidation of taxing district and city or town.-Wherever there exists in the state any district with power to levy or to collect taxes for any purpose whatsoever, and the boundaries of such district coincide with, or approximately coincide with, any town or city in said state, and the personnel of the council, commission or governing body of such district is the same as the personnel of the council, commission or governing body of such city or town, then, and in all such cases, such district may be consolidated with and merged into such city or town so as to exist only under the name of and to become and be one and the same with such city or town.

Hlstoey.-§1, ch. 16851, 1935; CGL 1936 Supp. 8057(1).

635


171.12 Consolidation determined by election; form of ballot.-

(1) In order to effect a consolidation or merger of any such district with and into any city or town, the council, commission or governing body of such district and the council, commission or governing body of such town or city shall adopt a joint resolution resolving that said district shall be consolidated with and be merged into such city or town and that it shall exist only under the name of and be one and the same with such city or town. And such resolution shall provide for and call an election to determine whether said district shall be consolidated with and merged into such city or town. Such city or town or district shall prepare a ballot to be used at said election and such ballot shall be in substantially the following form, to-wit:

OFFICIAL BALLOT Shall the District of ,

in the County of , and State of Florida be consolidated with and be merged into the City (or Town) of __ , in the County of , and the State of Florida?

Make a cross mark (X) before your choice. ___ FOR MERGER

_____________ AGAINST MERGER (2) Such election shall be held within the

boundaries of such district and of such city or town on a day not less than thirty days and not more than sixty days from the adoption of such joint resolution, the exact day to be fixed by said resolution. Said joint resolution shall be published once a week for at least two consecutive weeks prior to such election in a newspaper published within the boundaries of such district and of such city or town, and the publication of such joint resolution shall be deemed sufficient notice of said election.

(3) Said election shall be conducted in all respects as are the general municipal elections held in such city or town and all persons qualified to vote in such general elections of such city or town shall be qualified to vote on the question of such merger and consolidation. The inspectors and clerk of said election shall make due return thereof to the council, commission or governing body of such city or town, which body shall receive, canvass and declare the result thereof, and if the majority of the votes cast at such election shall be for merger, then, upon declaring the result of such election, such district shall thereupon stand consolidated with and merge into such city or town and shall thereafter exist only under the name of and be one and the same with such city or town.


171.13 Transfer.-After any district has been merged with any city or town then, and in such case, all of the rights, powers, privileges, duties. franchises, property and property rights, assets, tax assessments, tax levies and tax liens, tax certificates, choses in action and in posses-

sion, as well as all contracts and liabilities of such district, shall by such consolidation and merger be deemed transferred to such city or town.


171.14 Debts, liabilities, outstanding bonds and issuance of refunding bonds after consolidation.-All debts and liabilities of such district shall, after such consolidation and merger, be the debts and liabilities of such city or town, and if such city or town or district shall have any outstanding bonds or if either such city or town or district is successor to or covers the same territory of any previous city or town which had any bonds outstanding, then all outstanding bonds of such previous city or town shall be deemed, considered and taken to be the bonds of its successor city or town, and such succeeding city or town may at any time refund all such outstanding bonds whether bonds of its own issue or bonds to which it has fallen heir by being successor to the city or town issuing them, and it may issue its new refunding bonds in the same manner and pursuant to the same procedure that is required to issue bonds to create an original indebtedness, and when such refunding bonds are issued, all laws and parts of laws in force at the time of the issuance of the original bonds being refunded shall be deemed as preserved and carried forward into and to continue as the law of such refunding bonds. And all laws and parts of laws coming into effect between the issuance of such original bonds and such refunding bonds which cannot be made applicat;e to such original bonds because of the constitutional inhibition against impairing the obligation of contract shall likewise be deemed as inapplicable to such refunding bonds when issued pursuant to the terms hereof; provided, however, the provisions of this paragraph shall not apply generally to all cities and towns throughout the state issuing refunding bonds, but shall apply only to cities and towns with which some district has merged pursuant to the terms of this chapter. Hlstory~§4, ch. 16851, 1935; CGL 1936 Supp. 8057(4).

171.15 Judgments after consolidation.-All valid judgments rendered by courts of competent jurisdiction against such district or such city or town shall, after such consolidation and merger, be regarded as judgments against said city or town, to the same effect, and with the same force and effect, as though such judgments had been rendered against such city or town, and for the payment of such judgments such city or town may levy such taxes, against such properties, as such city or town could have levied for the payment of its general obligation bonds at the time of the rendition of such judgments respectively and such judgments shall have the same lien, force and effect as they had at the time of their rendition, and as provided herein.

Hlst ory.-§5, ch. 16851, 1935; CGL 1936 Supp. 8057(5).

636

Ch. 172 MUNICIPAL ELECTRIC AND GAS PLANTS Ch. 172

CHAPTER 172

MUNICIPAL ELECTRIC AND GAS PLANTS

172.01 Electricity or gas plant may be constructed, purchased, leased or established and maintained.

172.02 Procedure required before exercise of authority granted.

172.03 Limitation upon holding elections. 172.04 Authority to issue bonds; procedure. 172.05 Reconstruction and extension of plant. 172.06 City or town may furnish light for in-

habitants or municipal use under regulations it establishes; not compelled to furnish light except on order of gas and electric light committee of city or town.

172.01 Electricity or gas plant may be constructed, purchased, leased or established and maintained.-Any city or town may, under the limitations of this chapter, construct, purchase, lease or establish and maintain within its limits one or more plants for the manufacture or distribution of gas or electricity for furnishing light for municipal us~, and for the use of such of its inhabitants as may require and pay for the same as herein provided. Such plants may include suitable land, structures, easements, water privileges, stations, gasometers, boilers and engines, dynamos, machinery, pipes, conduits, hose, conductors, burners, lamps and other apparatus and appliances for making, generating, distributing and using gas or electricity for lighting purposes.

30~~story..-§1, ch. 4600, 1897; GS 1078; RGS 1925; CGL

172.02 Procedure required before exercise of authority granted.-No city or town shall exercise the authority conferred in §172.01, until after a vote that it is expedient to exercise such authority shall have passed its city council, by a two-thirds vote of the members of said city or town council at a meeting duly called and held for that purpose, and received the approval of the mayor, and thereafter have been ratified by a majority of the voters voting thereon at an annual or special municipal election to be called and held for that purpose, and the result of such vote duly declared by the clerk of the said town or city council, and recorded in the minutes of such town or city.

History.-§§2, 3, ch. 4600, 1897 ; GS 1079; RGS 1926; CGL 3059; §7, ch. 22858, 1945.

172.03 Limitation upon holding elections. -When a vote has failed of passage as provided in §172.02, no similar vote shall be taken until after the expiration of one year thereafter. SO~~story.-§3, ch. 4600, 1897; GS 1080; RGS 1927; CGL

172.04 Authority to issue bonds; procedure. -Any city or town establishing or purchasing a plant within its limits, as provided in this

172.07 Books and accounts. 172.08 City or town to fix price to be charged. 172.09 Purchase by city or town of established

planrt. 172.10 Procedure where part of plant is out

s-ide of town limits. 172.11 Enforcing obligation of city or town. 172.12 Aggrieved party may file with clerk of

circuit cou:ct;. 172.13 Powers of owners cease. 172.14 General laws apply. 172.15 No rights of cities impaired.

pay for the same by the issue of bonds payable in a term of not exceeding thirty years and bearing interest at a rate not exceeding seven per cent, which shall not be disposed of for less than par and accrued interest; and the indebtedness thereby created shall not be included in the limit of indebtedness of such city or town provided by law; and the whole amount of bonds so issued by a city or town and outstanding shall not exceed at their par value the amount of seven per cent of the total valuation of the real and personal property within the limits of said city or town, according to the last preceding valuation of the same made by said city or town. The interest on such bonds and a sinking fund to meet the same at maturity shall be provided for by ordinance of the city or town council ; provided, that when any city or town shall borrow money, contract loans or issue bonds or other evidences of indebtedness pursuant to the provisions of this chapter, and the said borrowing, contracting or issuance shall come within the purview of §6 of Art. IX of the constitution of the state, the same shall be done only after said borrowing, contracting or issuance shall have been approved by the majority of the votes cast in an election in which a majority of the freeholders, who are qualified electors residing in such city or town, shall participate. SO~~stoey.-§4, ch. 4600, 1897; GS 1081; RGS 1928; CGL

172.05 Reconstruction and extension of plant.-Any city or town owning a plant for the manufacture or distribution of gas or electricity may reconstruct, extend or enlarge the same; but no such reconstruction, extension or enlargement beyond the necessary and ordinary maintenance, repair and replacement thereof, except such increased appliances for the manufacture and distribution of gas and electricity as may be necessary to furnish the same to the takers, shall be undertaken or made, except by the vote provided by §172.04, in the case of the issue of bonds.

History.- §5, ch. 4600, 1897; GS 1082; RGS 1929; CGL 3062 ; §7, ch. 22858, 1945.

chapter, or reconstructing, extending or en- 172.06 City or town may furnish light for larging the same, as provided in §172.05, may inhabitants or municipal use under regula-

637


tions it establishes; not compelled to furnish light except on order of gas and electric light committee of city or town.-Any city or town having obtained a plant for the purpose as provided in this chapter, may manufacture, generate and distribute gas and electricity for furnishing light for municipal use, or for the use of its inhabitants, under such regulations as it may establish. No city or town shall be compelled to furnish gas or electricity to any person or corporation except upon the order of the gas and electric light committee of such city or town. Any person or corporation aggrieved by the refusal of any city or town supplying gas or electricity under the authority of this chapter to furnish the same, may appeal to such committee setting forth in such appeal what is required of the city or town in such details as the committee may require. ao:~story.-§6, ch. 4600, 1897; GS lOSS; RGS 1980; CGL

172.07 Books and accounts.-The books and accounts pertaining to the business authorized by this chapter shall be kept in a form to be prescribed by the board of gas and electric light committee.

Hlstor;:r.-§7, ch. 4600, 1897; GS 1084; RGS 1981; CGL 8064.

172.08 City or town to fix price to be charged.-The price to be charged for gas or electricity to persons and corporations shall be fixed by the city or town council, and shall not be changed oftener than once in three months.


172.09 Purchase by city or town of established plant.-

(1) When any city or town shall decide as hereinbefore provided, to establish a plant, and any person, firm or corporation shall at the time of the vote required for such decision be engaged in the business of making, generating or distributing gas or electricity for sale for lighting purposes in such city or town, such city or town shall, if such person, firm or corporation shall elect to sell and shall comply with the provisions of this chapter, purchase of such person, firm or corporation before establishing a public plant, such portion of his, their or its gas or electric plant, and property suitable and used for such business in connection therewith, as lies within the limits of such city or town.

(2) If in such city or town a single corporation owns or operates both a gas plant and an electric plant, such purchase shall include both of such plants, but otherwise such city or town shall only be obliged to purchase the existing gas plant or plants, if it has voted only to establish a gas plant, and shall only be obliged to purchase the existing electric plant or plants if it has only voted to establish an electric plant.

the limits of the city or town which has voted to establish a plant as aforesaid, such city or town shall purchase as herein provided the whole of such plant and property used in connection therewith lying within its limits.

( 4) The price to be paid therefor shall be its fair market value for the purposes of its use, no portion of such plant to be estimated, however, at less than its fair market value for any other purpose, including as an element of value the earning capacity of such plant, based upon the actual earnings being derived from such use at the time of the final vote of such city or town to establish a plant, and also any locations or similar rights acquired from private persons in connection therewith, plus the damages suffered by the severance of any portion of such plant lying outside of the limits of such city or town, and minus the amount of any mortgage or other incumbrance or lien to which the plant so purchased, or any part thereof, may be subject at the time of transfer of title; but such city or town may require that such plant and property be transferred to it free and clear of any mortgage or lien, unless the gas or electric committee of such city or town shall otherwise determine.

(5) Such value shall be estimated without enhancement on account of future earning capacity, good will, or of exclusive privileges derived from rights in the public streets. When any capital has been paid in, in property instead of cash, the valuation placed upon such property in estimating it as paid in capital shall not be conclusive in estimating its value under the foregoing provisions, but may be disputed by the city or town, and if shown to have been excessive, may be reduced by the authority fixing the price of the plant and property as hereinafter provided.

80rs~stor;y.-§9, ch. 4600, 1897; GS 1086; RGS 19SS; CGL

172.10 Procedure where part of plant is outside of town lirnits.-If the main gas works or central lighting station of such a plant do not lie within the limits of the city or town which has voted as aforesaid, then such city or town, shall only purchase that portion of such plant and property which lies within its limits, paying therefor upon the basis of value above established, but without allowance of d~mages on account of severance of plant. No city or town shall be obligated by this section to buy any apparatus or appliances covered by letters patent of the United States or embodying a patentable invention unless a complete right to use the same and all other apparatus or appliances necessary for such use within the limits of such city or town, to such extent as such city or town shall reasonably require such right, shall be assigned or granted to such city or town at a cost as low as the cost of such right would be to the person, firm or corporation whose plant is purchased.

80~~story.-§9, ch. 4600, 1897; GS 1087; RGS 1984; CGL

(3) If the main gas works in the case of a gas plant, or the central lighting station, in 172.11 Enforcing obligation of city or town. the case of an electric light plant, lie within -Any persons, firm or corporation, desiring

638


to enforce the obligation of any city or town under §172.09 to purchase any property, shall file with the clerk of such city or town within thirty days after the passage of the final vote whereby such city or town shall have decided to establish a plant, a detailed schedule describing such property and stating the terms of sale proposed. If the parties fail to agree as to wb,at shall be sold, or what the terms of sale and delivery in accordance with the provisions of this chapter shall be, either party may within sixty days after the filing of the schedule apply by petition to the circuit court having jurisdiction in said county, setting forth the facts and praying an adjudication between the parties; and thereafter such court shall, after giving both parties an opportunity to be heard, appoint a commission or jury as now provided by law in matters of eminent domain, and the exercise of the right thereof, who shall give the parties an opportunity to be heard, and shall thereafter determine by their award or verdict what property, real or personal, including rights and easements, shall be sold by the one and purchased by the other in accordance with the provisions of this chapter, and what the price, time and other conditions of the sale and delivery thereof shall be. Such commission or jury shall file their award or verdict in the office of the clerk of the circuit court having jurisdiction, for revision or confirmation by said court.


172.12 Aggrieved party may file with clerk of circuit court.-Any party aggrieved by the award or verdict of the commission or jury may within fourteen days after its filing or within such longer time as the court may allow, file objections thereto with the clerk of said court and apply to the court for a hearing on such award or verdict relative to any matter of fact or law pertaining to the same, and thereupon the court shall make and render its final judgment in the premises after due notice to all parties in interest and an opportunity given to be heard in the premises. The judgment of the court upon said award or verdict shall be final and binding, and said court shall have jurisdiction as in equity to compel compliance therewith, and may also issue and enforce such interlocutory decrees and orders as justice may require. Any party aggrieved by the final judgment of the circuit court may have a writ of error as in common law cases to the supreme court of the state, subject to all rules and laws in force in this

state relating to writs of error. Hlstor;y.-§11, ch. 4600, 1897; GS 1089; RGS 1936; CGL

3069.

172.13 Powers of owners cease.-Whenever the existing gas plant or electric plant of any person or corporation shall have been acquired by any city or town pursuant to the provisions of this chapter, the powers and rights of such person or corporation in relation to the manufacture and distribution of gas and electricity within the limits of such city or town, shall, from and after the date of such acquirement, cease and determine.

Hlstor;y.-§12, ch. 4600, 1897; GS 1090; RGS 1937; CGL 3070.

172.14 General laws apply.-All general laws of the state, and all ordinances or bylaws of any city or town availing itself of the provisions of this chapter, relative to the manufacture, use, generation or distribution of gas or electricity, or the quality thereof, or plant or appliances therefor, shall apply to such city or town so far as the same may be applicable and not inconsistent with this chapter, in the same manner as the same apply to persons and corporations engaged in making, generating or distributing gas or electricity therein.

Hlstor;,-.-§13, ch. 4600, 1897; GS 1091; RGS 1938; CGL 3071.

172.15 No rights of cities irnpaired.-Nothing herein shall be construed to take away, restrict or impair any rights of any city, town or other authority which may now exist to revoke locations of wires, poles, conduits or pipes in, over or under their streets or ways; provided, however, that no city or town, having within its limits the main gas works in the case of a gas plant or the central lighting station in the case of an electric plant, or the major portion of the wires, poles, conduits, or pipes used in connection with any such works or plants, shall, except for a violation of the terms or conditions upon which the same were granted, or for a violation of law respecting the exercise thereof, revoke any rights heretofore granted, or which may be hereafter granted, to any person or corporation engaged in the business of making, generating or distributing gas or electricity for sale or lighting purposes, after the passage of the vote of the city council or town council and the vote of the electors of such city or town, as provided for in §172.02.


639

Ch. 173 FORECLOSURE OF MUNICIPAL TAX, SPECIAL ASSESSMENT LIENS Ch. 173

CHAPTER 173

FORECLOSURE OF MUNICIPAL TAX AND SPECIAL ASSESSMENT LIENS

173.01 Foreclosure of municipal tax certificates authorized.

173.02 Proceedings in rem against the lands. 173.03 Conditions determining when suit may

be brought; lands and claims included.

173.04 Procedure for bringing foreclosure suit; certificate of attorney as to notice of suit; jurisdicti:m obtained by publication of notice of suit; form of notice.

173.05 Parties; time for appearance, etc. 173.06 Affidavits and certific31tes as prima

facie evidence; proof of validity or invalidity.

173.07 Tender of correct amount as condition precedent.

173.01 Foreclosure of municipal tax certificates authorized.-The lien of any and all taxes, tax certificates and special assessments heretofore or hereafter imposed by any incorporated city or town in the state upon real estate may be foreclosed by such city or town by suit in chancery. The practice, pleading and procedure in any such suit shall be in substantial accordance with the practice, pleading and procedure for the foreclosure of mortgages of real estate, except as herein otherwise provided.


173.02 Proceedings in rem against the lands. -Suits for the foreclosure of tax liens and special assessments under this chapter shall be in the nature of proceedings in rem against the lands upon which said taxes or special assessments are a lien or liens, and it shall not be material that the ownership of said lands be correctly alleged in said proceedings or that parties having an int~rest or interests in .or liens or claims upon said lands be made parties to such proceedings by name or description or be served with process therein, except as hereinafter provided. In any such suit as many lots, parcels or tracts of land, regardless of ownership, and as many tax lien~, tax ce~ificates an.d assessment liens may be mcluded m one smt as the complainant may desire. Any judgment or decree that may be rendered in any such suit shall be enforceable only against such lands.

Hlstory.-§2, ch. 16038, 1931; CGL 1936 Supp. 3004(3) .

173.03 Conditions determini.ng ;when suit may be brought; lands and clatms mcluded.

(1) Suit may be brought at any time after any one or more of the following events, respectively:

(a) After the expiration of two years from the date of any tax certificate issued a.nd held by a city or tow_n ":hose charter p:ovides for or requires the 1ssumg of tax certificates for delinquent taxes;

(b) After the expiration of two years from the date any tax becomes delinquent which was imposed by a city or town whose charter does not provide for or require the issuing of tax certificates; or

173.08 Judgment for complainant; amounts included; attorney's fee.

173.09 Judgment for complainant; special master's sale; complainant may purchase and later sell.

173.10 Judgment for complainant; c6urt may order payment of other taxes, etc., or sale subject to taxes; special master's conveyances.

173.11 Distribution of proceeds of sale. 173.12 Lands may be redeemed prior to sale. 173.13 Procedure under this chapter optional. 173.14 Chapter supplemental to other law. 173.15 Parties and subject matter; tax liens,

etc., of equal dignity.

(c) After the expiration of one year from the date any special assessment or installment thereof becomes due and payable.

(2) There may be ineluded in any suit all or any part of the lands upon which tax certificates have been outstanding or taxes have remained delinquent or any special assessment or installment thereof shall have been in default for the respective periods aforesaid, and there may be included therein all claims and demands of said city or town against said lands or any part thereof for taxes, tax certificates and special assessments or installments thereof which may be due and payable to such city or town at the time of the institution of such suit.

Hlstory.-§3, ch. 15038, 1931; CGL 1936 Supp. 3004(4).

173.04 Procedure for bringing foreclosure suit; certificate of attorney as to notice of suit; jurisdiction obtained by publication of notice of suit; form of notice.-

(1) Any suit hereby authorized shall be commenced by bill in chancery in the circuit court of the county in which such city or town is situated, in the name of the city or town whose taxes, tax certificates and special assessments are sought to be enforced, as complainant, and against any or all lands upon which any taxes, tax certificates and special assessments are delinquent (as the case may be) for the period aforesaid, as defendant, in which bill there shall be briefly described the levy and nonpayment of taxes and special assessments which are delinquent for the period aforesaid, and of all other taxes and special assessments then due and payable to said city or town and sought to be recovered in such bill, the lands proceeded against and the amount chargeable to each parcel or tract. It shall be unnecessary to name in such bill or proceedings any person owning or having any interest in or lien upon such lands as defendants. At least thirty days prior to the filing of any such bill in chancery, written notice of intention to file the same shall be sent by registered mail to the last known address of the holder of the record title and to the holder of record of each mortgage or other lien, except judgment liens, upon each tract of

640


land to be included in said bill in chancery; such notice shall briefly describe the particular lot or parcel of land, shall state the amount of tax certificate and special assessment liens sought to be enforced and shall warn said owner and holders of liens, mortgages or other liens that on or after the day therein named said bill in chancery to enforce the same will be filed, unless paid on or before said date.

(2 ) A certificate of the attorney shall be attached to the bill of complaint to the effect that said written notice has been given, and such certificate shall be prima facie evidence that the provisions of this section have been complied with. The complainant's counsel shall make diligent inquiry as to the address of the record title and holders of record liens other than judgments and the clerk of the circuit court shall mail by registered mail a copy of the notice hereinafter provided for, to such record owner and holders of record liens other than judgments at such last known address.

(3) Jurisdiction of any of said lands and of all parties interested therein or having any lien thereon shall be obtained by publication of a notice to be issued as of course by the clerk of the circuit court in which such bill is filed on the request of complainant, once each week for not less than four consecutive weeks, directed to all persons and corporations interested in or having any lien or claim upon any of the lands described in said notice and said bill. Such notice shall describe the lands involved and the respective principal amounts sought to be recovered in such suit for taxes, tax certificates and special assessments on such respective parcels of land, and requiring all such parties to appear and defend said suit on or before a rule day specified in said notice, which shall be not less than four weeks after the date of the first publication of such notice. Said notice may be in substantially the following form, with blanks appropriately filled in: ---------------------------- l Name City or Town,

Complainant,

Certain lands upon vs. I ~hich ------------- (here IN T H E C I R C U I T 1 n s e r t the word COURT FOR ______________ _ "taxes," or the words COUNTY, FLORIDA. "special assessments" IN CHANCERY. or both, as the case may be) are delin- J quent,

Defendant. NOTICE

To all persons and corporations interested in or having any lien or claim upon any of the lands described herein:

You are hereby notified that (name city or town) has filed its bill of complaint in the above named court to foreclose delinquent ---------- ----------------------------- --- (here insert the words "tax liens, tax certificates or special assessments," as the case may be) with interest and penalties, upon the parcels of land

set forth in the following schedule, the aggregate amount of such ------------------------------- (here insert the words "tax liens, tax certificates or special assessments," as the case may be) interest and penalties, against said respective parcels of land, as set forth in said bill of complaint, being set opposite such parcels in the following schedule, to-wit:

DESCRIPTION OF LANDS Amount of ------------------------ (here insert

the word "taxes," or the words "special assessments" or both, as the case may be).

In addition to the amounts set opposite each parcel of land in the foregoing schedule, interest and penalties, as provided by law, on such delinquent taxes and special assessments, together with a proportionate part of the costs and expenses of this suit, are sought to be enforced and foreclosed in this suit.

You are hereby notified to appear and make your defenses to said bill of complaint on or before the ___________ day of --------------------• and if you fail to do so on or before said date the bill will be taken as confessed by you and you will be barred from thereafter contesting said suit, and said respective parcels of land will be sold by decree of said court for nonpayment of said taxes and assessment liens and interest and penalties thereon and the costs of this suit.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Court, this ____ day of ____ _

Clerk of said Court. By ----------------------------

Deputy Clerk. (4) Proof of publication of said notice, as

herein required, shall be by affidavit of the publisher or some agent or employee thereof filed in said cause.

History.-§4, ch. 15038, 1931; CGL 1936 Supp. 3004(5). cf.-§1.01 (13) defines registered mall to Include certified mall

with return receipt requested.

173.05 Parties; time for appearance, etc.Every person interested in or having any lien upon any parcel of land described in the bill of complaint shall be deemed a party to said cause and may appear and defend said cause within the time specified in such notice. Any person not appearing and defending within such time shall be deemed to have confessed said bill, but the court may in its discretion and for cause shown enlarge the time within which any such person may appear and defend said cause.


173.06 Affidavits and certificates as prima facie evidence; proof of validity or invalidity.-

(1) An · affidavit or affidavits of the tax collector or other officer of complainant having the duty of issuing or collecting such taxes, special assessments or tax certificates, as to the existence of delinquent taxes, tax certificates and special assessments upon any parcel of land and the time when the same became due,

641


the amount due thereon, including interest and penalties, and the nonpayment thereof, shall be received in evidence as prima facie proof of the facts so certified and of the validity of all proceedings in and about the levying and assessment of such taxes and special assessments and the issuing of such tax certificate or certificates.

(2) Tax certificates shall be admissible in evidence and shall be prima facie valid.

(3) No tax certificate shall be held invalid except upon proof that the property was not subject to taxation or that the taxes had been paid previous to any tax sale or prior to the institution of the suit.


173.07 Tender of correct amount as condition precedent.-If any person shall claim that any tax, tax certificate or assessment is improper or illegal, and seek to contest the same, then such person at the time of filing an answer resisting the foreclosure of any tax lien, tax certificate or assessment lien shall tender into the registry of the court such amount as he claims was properly assessable or for which the property of such person was properly assessable.


173.08 Judgment for complainant; amounts included; attorney's fee.-

(1) In all cases where the cause may be decided for complainant, the judgment for delinquent taxes, tax certificates and special assessments against any parcel of land shall include the principal of, and interest and penalties on such taxes, tax certificates and special assessments, the costs of the suit and a reasonable attorney's fee; such costs and attorney's fee to be apportioned among and charged against the various parcels of land involved in proportion to the amount of taxes, tax certificates and special assessments adjudged against such respective parcels of land.

(2) In fixing the fees of complainant's attorney the court shall take into consideration the use which the complainant has made of the privilege hereby given of including in one suit divers taxes, tax certificates and assessment liens, and if the court be of the opinion that there has been an unnecessary separation of causes of action on the same or different parcels of land whieh might have been joined in the same action, it shall not allow an attorney's fee greater than would have been allowed if the action had been combined.


173.09 Judgment for complainant; special master's sale; complainant may purchase and later sell.-

(1) Any such decree shall direct the special master thereby appointed to sell the several parcels of land separately to the highest and best bidder for cash (or, at the option of complainant, to the extent of special assessments included in such judgment, for bonds or interest coupons issued by complainant), at pub-

lie outcry at the court house door of the county in which such suit is pending, or at such point or place in the complainant municipality as the court in such final decree may direct, after having advertised such sale (which advertisement may include all lands so ordered sold) once each week for two consecutive weeks in some newspaper published in the city or town in which is the complainant or if no such newspaper, in a newspaper published in the county in which the suit is pending, and if all the lands so advertised for sale be not sold on the day specified in such advertisement, such sale shall be continued from day to day until the sale of all such land is completed.

(2) Such sales shall be subject to confirmation by the court, and said special master shall, upon confirmation of the sale or sales, deliver to the purchaser or purchasers at said sale a deed of conveyance of the property so sold; provided, however, that in any case where any lands are offered for sale by the special master and the sum of the tax, tax certificates and special assessments, interest, penalty, costs and attorney's fee is not bid for the same, the complainant may bid the whole amount due and the special master shall thereupon convey such parcel or pareels of land to the complainant.

(3) The property so bid in by complainant shall become its property in fee simple and may be disposed of by it in the manner provided by law, except that in the sale or disposition of any sueh lands the city or town may, in its discretion, accept in payment or part payment therefor any bonds or interest coupons constituting liabilities of said city or town.


173.10 Judgment for complainant; court may order payment of other taxes, etc., or sale subject to taxes; special master's conveyances.-

(1) In the judgment or decree the court may, in its discretion, direct the payment of all unpaid state and county taxes and also all unpaid city or town taxes and special assessments or installments thereof, imposed or falling due since the institution of the suit, with the penalties and costs, out of the proceeds of sueh foreclosure sale, or it may order and direct such sale or sales to be made subject to such state and eounty and city or town taxes and special assessments.

(2) Any and all conveyanees by the special master shall vest in the purchaser the fee simple titie to the property so sold, subject only to S';!Ch .hens for st~te and county taxes or taxing d.IstriCts whose. l.Iens are of equal dignity, and hens for mumc1pal taxes and special assessments, or installments thereof, as are not directed by the decree of sale to be paid out of the proceeds of said sale.


173.11 Distribution of proceeds of sale.The proceeds of -any foreclosure sale authorized by this chapter shall be distributed by the special master conducting the sale according to the final decree and if any surplus remains after

642


the payment of the full amount of the decree, costs and attorney's fees and any subsequent tax liens which may be directed by such decree to be paid from the proceeds of sale, such surplus shall be deposited with the clerk of the court and disbursed under order of the court.


173.12 Lands may be redeemed prior to sale. -Any person interested in any lands included in the suit may redeem such lands at any time prior to the sale thereof by the special master by paying into the registry of the court the amount due for delinquent taxes, interest and penalties thereon and such proportionate part of the expense, attorney's fees and costs of suit as may have been fixed by the court in its decree of sale, or by written stipulation of complainant, and thereupon such lands shall be dismissed from the cause.


173.13 Procedure under this chapter optional.-The exercise of the power and provisions conferred in this chapter shall be optional with the municipalities and shall not be mandatory upon any municipality of the state. Any municipality desiring to proceed hereunder may elect to proceed hereunder by formal action of its governing authority and by proceeding as described herein.


173.14 Chapter supplemental to other law.This chapter shall not repeal any other statute relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional

and alternative method of enforcement of tax liens and special assessments for the benefit of all incorporated cities or towns of the state of Florida, whether organized under special act or general laws, and shall be liberally construed to effectuate its purpose.

History.-§9, ch. 15038. 1931; CGL 1936 Supp. 3004(10).

173.15 Parties and subject matter; tax liens, etc., of equal dignity.-

(1) In the foreclosure of municipal tax and special assessment liens by suit in the nature of proceedings in rem, as provided by chapter 173, for the purpose of adjudicating therein all tax liens against the lands being proceeded against, or any portion thereof, and receiving from the proceeds of any foreclosure sale in such proceedings a proper and proportionate share of such proceeds in satisfaction of tax liens so adjudicated, the owner, holder or assignee of any tax lien, however evidenced, of equal or inferior dignity with those of the complainant on or against the lands being proceeded against, or any portion thereof, may be included as and made a party defendant in such proceeding by the service of process on such party defendant in the manner provided by law for service of process on defendants in chancery.

(2) This section is intended to broaden the scope of the foreclosure proceedings authorized by chapter 173, so as to permit the adjudication of tax liens of equal dignity in said proceedings, and shall be liberally construed to effectuate such purpose.

Hlstory.-§§1, 2, ch. 22021, 1943.

643

Ch. 174 CIVIL SERVICE FOR POLICE AND FIREMEN Ch. 174

CHAPTER 174

CIVIL SERVICE FOR POLICE AND FIREMEN IN CITIES AND TOWNS OF ONE HUNDRED TWENTY-FIVE THOUSAND POPULATION, OR LESS

174.01 174.02 174.03

Civil service employees. Definitions. Employment included in provisions of

this chapter. 17 4.04 Civil service board created. 174.05 Rules and regulations; investigations

concerning enforcement; annual report.

174.06 Examinations, eligible lists, grades, certification, vacancies and promotions.

174.07 Suspension of examination and requirements for filling vacancy when competition is impracticable.

17 4.08 Command of police and fire departments.

17 4.09 Governing authority fixes pay and controls number of employees in each grade; seniority list.

17 4.10 Discharge of permanent employee. 17 4.11 Hearing on appeal of discharged em-

174.12 174.13 174.14 174.15

ployee. Proceedings of hearing. Perjury. Failure to appear. Civil service board may initiate inves

tigation and prefer charges.

174.01 Civil service employees.-The members of the police and fire departments of any city or town not having a population of more than one ·hundred twenty-five thousand, according to the last preceding state or federal census, whether incorporated by special act or incorporated under the general laws of the state relating to cities and towns, shall, after adoption of this chapter by referendum as hereinafter provided, be constituted civil service employees of said city or town, and shall be employed, retained, governed, directed and discharged as hereinafter provided.

History.-§1, ch. 17166, 1935; CGL 1936 Supp. 3092(26). cf.-§1.01 (9) Ce nsus.

174.16

174.17 174.18

174.19

174.20

174.21

174.22 174.23 174.24 174.25

174.26

Suspension of permanent employee; right to appeal.

Disqualified for further examinations. Rank, grade and seniority held at time

of adoption of chapter retained. Election may be called to approve or

reject terms of this chapter for the municipality.

Petition to governing authority to call election to approve or reject this chapter; procedure; publication of notice of election.

Officers, manner of holding and ex-penses of election.

Qualified voters. Form of ballot. Registration books. Board of election commissioners; ap

proval places chapter in immediate effect; rejection requires elapse of two years before another election.

Charters and special acts in conflict repealed only insofar as they prevent the operation of this chapter.

of service on the police department or fire department of said municipality.


17 4.03 Employment included in provisions of this chapter.-

(!) All persons regularly employed by a municipality as police officers or fire officers, including the chief of police, chief of fire department, captains, other officers and policemen and firemen, and those persons who are members of the police and fire department engaged in clerical work solely for said police or fire department, shall be construed to come within the provisions of this chapter, but this chapter shall not include any officer or person employed for temporary duty only.

(2) Employees of municipalities, coming within the provisions of this chapter, shall be employed and retained in employment and advanced to any higher grade on merit and fitness only, and the merit and fitness of any applicant for said departments, or for advancement therein, shall be determined by competitive examination, as hereinafter provided.


174.02 Definitions.-For the purposes of this chapter, "municipality" shall be construed to mean any city or town of the state, whether incorporated by a special act or incorporated under the general laws of the state relating to cities and towns. The "governing authority" shall be construed to mean the municipal officers of a city or town who are authorized to enact the laws and ordinances of said municipality, whether the said officers are known as aldermen, commissioners, council-men, or by any other designation, and shall in- 17 4.04 Civil service board created.-clude only those officers who are authorized (1) A civil service board for said munici-to vote on said ordinances or laws. "Chief pality is hereby created. Said board shall be of police" shall be construed to mean the offi- composed of five members, three members of cer in command of the police department, and said board to be persons of different vocacommonly known and designated as chief of tions, not employed by said municipality in any police. "Chief of fire department" shall be other capacity, official or otherwise, and shall construed to mean the officer in command of be appointed by the governing authority of the fire department, and commonly known and said municipality, and shall be so appointed in de~>ignated as chief of fire department. "Sen- the first instance for terms of one, two and iority" shall be construed to mean the length three years respectively, and thereafter in each

644


instance the term shall be for four years. The fourth member of said board shall be a member of the police department of said municipality, and the fifth member of said board shall be a member of the fire department of said municipality, who shall be elected to membership in said board by the vote of the regular employed members of the police and fire departments respectively. The term of said fourth and fifth members shall be for one year.

(2) The members of said board, other than said fourth and fifth members, shall appoint the judges and clerks for the election of said fourth and fifth members. The time for said election shall be set by the three members first appointed to said board, and thereafter said election shall be held on that date each year, or such other date as may be designated by the governing authority. The votes shall be consolidated on the following day after said election. The candidate receiving the greatest number of votes shall be declared elected. Immediately after appointments and election have been made and held as above provided, said board shall organize and elect one of its members chief examiner, who shall act as secretary to said board. The board may appoint such other assistants to the secretary as may be necessary. All three members of said civil service board first appointed shall serve without recompense, unless otherwise provided by the governing authority. The chief of police and chief of fire department shall be ex officio members of said board and shall have a voice in any proceedings, but not vote. The fourth member and the chief of police, and the fifth member and the chief of fire department shall serve on said board without compensation, other than their regular pay as officers.

(3) In the event any city or town shall have less than five members of the said departments coming within the provisions of this chapter, the fourth and fifth members of said civil service board shall not be elected to serve on said board, and in which event the chief of police and chief of fire department may vote as a member on said board only when there is a tie vote by the members of said board.


174.05 Rules and regulations; investigations concerning enforcement; annual report.-The civil service board shall adopt, enact, and amend a code of rules and regulations. This code shall cover the regulations for the conduct and direction of the members of the police and fire departments and shall prescribe their duties, hours of work, discipline and control. Said code shall .contain rules and regulations for the appointment, employment and discharge of persons in all positions in the police and fire departments of said municipality, based on merit, efficiency, character and industry. Said code shall have the force and effect of a law on employees of said police and fire departments. Said board shall make investigations concerning the enforcement and effect of this chapter and of its adopted code.

It shall make an annual report to the governing authority.


17 4.06 Examinations, eligible lists, grades, certification, vacancies and promotions.-The civil service board or its examiner, subject to its approval, shall provide examinations and maintain lists of eligibles to appointment in said police and fire departments. Said board shall divide said departments into grades and shall certify a list of the members of each grade. Said lists may be certified to the chiefs of said departments at such time as may be determined by said board, but not less than once a year, and shall be available for examination by any member of said department at any time. Appointments shall be made to fill vacancies only from this list of eligibles. Members of said department shall be moved from any grade to a higher grade only after passing an examination prescribed by the board as aforesaid, and a certificate as to their efficiency and fitness, with the necessary qualifications prescribed by the said board, and the entry of their names on the eligible list for said grade.

Hlstory,-§6, ch. 17166, 1935; CGL 1936 Supp. 3092(31).

17 4.07 Suspension of examination and requirements for filling vacancy when competition is impracticable.-In case of a vacancy in a position in said police and fire departments where peculiar and exceptional qualifications of a scientific, managerial, professional or educational character are required, and upon satisfactory evidence that for specified reasons, competition in such special case is impracticable, and that the position can best be filled by a selection of some designated person of high qualities, the civil service board, on a vote of a majority of its members, and the written assent of the chief of police and chief of fire department, may suspend the provisions of the statute requiring competition in such place, and all such cases of suspension of the examination shall be recorded by the board, with the reasons for said suspension and shall be open to the public. At the time of the appointment the rank of said appointee shall be fixed by the board. Such an appointee, being appointed to fill a vacancy, may not of necessity receive the same rank as the former incumbent.

Hlstory.-§7, ch. 17166, 1935; CGL 1936 Supp. 8092(32); am. §7, ch. 22858, 1945.

17 4.08 Command of police and fire departments.-The chief of police and fire departments of said city shall be in command of said police and fire departments, and at all times responsible directly to said board for the conduct and administration of said department. Whenever the governing authority of said city shall determine that an emergency exists, caused by riot, rebellion or public calamity, the mayor of said city may be directed to take charge of said police department and command the same during the existence of said emergency only.


645


17 4.09 Governing authority fixes pay and controls number of employees in each grade; seniority list.-

(1) The governing authority of said municipality shall fix the pay of all members of said police and fire department, provided that members of the same grade shall each receive the same pay, and members of a higher grade shall not be paid less than members of the next lower grade.

(2) The governing authority of said municipality shall fix the number of members in each particular grade and may increase or reduce the number of any grade, or may abolish that grade, except that there shall be only one chief of police and only one chief of fire department, and these officers may not be abolished.

(3) In the event of a reduction in the number of members in any grade, the members shall be retained in that grade according to seniority, and those members thus being forced back to a lower grade or class, will thereafter receive the pay of said lower grade or class, and in the event the grade or class is again increased, shall be first to succeed to said old grade or class according to seniority, without further examination or probationary period. In the event a reduction in said force or any grade thereof causes a member of the lowest grade of said force to go into inactive duty, said member or members on inactive duty shall not receive any pay, but said inactive member shall not lose his seniority, provided he remains inactive for a period not exceeding one year, and enters on said active duty within ten days after notice has been given him by the secretary of said civil service board that a position is open. After the formation of said board a seniority list shall be certified of all members and employees of the police and fire departments and each member and employee shall in writing assent or dissent to his seniority rating. In the event a member dissents, a hearing shall be held by said board and the seniority determined, and the finding of said board shall be final.


the civil service board for a hearing within ten calendar days from the time he was served with notice of discharge as shown by such notice. The board shall hear the appeal within thirty days from the date that such appeal shall have been so filed with the board. Written notice shall be given to the person so removed and to the chief of the proper department of the time and place of hearing the appeal, which hearing shall be open to the public.


174.12 Proceedings of hearing.-The board shall hear the evidence upon the charges and specifications as filed with it by the chief of police or the chief of fire department. No material amendment of, or addition to said charges or specifications will be considered by the board. The proceedings shall be as informal as is compatible with justice. The order of proof shall 1be as follows. The chief of police or chief of fire department shall present his evidence in support of the charges. The appellant shall then produce such evidence as he may wish to offer in his defense. The parties in interest may then offer rebuttal evidence. The board shall hear arguments. The admission of the evidence shall be governed by the rules applied by the court in civil cases. The board shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents, and to administer oaths. The chief of police and chief of fire department may be represented by other counsel. The appellant may also be represented by counsel, and the board shall, after due consideration, render its judgment affirming, disaffirming or modifying the action of the said departments.


174.13 Perjury.-Any willful false swearing on the part of any witness or person giving evidence before the civil service board mentioned in §§174.01-174.12 as to any material fact in said proceedings shall be deemed perjury, and shall be punished in the manner prescribed by law for such offense.

Hlstory.-§13, ch. 17166, 1935; CGL 1936 Supp. 7476(2),

174.10 Discharge of permanent employee.- 174.14 Failure to appear.-If the employee The discharge of a permanent employee other whose appeal is to be heard as set out in than at the end of a probationary period shall §174.11 shall fail to appear, for no good not become effective until the chief of police reason, at the time fixed for the hearing, the or the chief of fire department, as the case board shall hear the evidence and render judgmay be, shall have first served upon such em- ment thereon. If the chief of the proper deployee of the department a written notice of partment shall fail to appear at the time fixed discharge which shall contain one or more for the hearing, and if no evidence be offered reasons or grounds for discharge, together in support of his charge or charges, the board with such specifications of facts as will en- may render judgment as by default or may able said employee to make an explanation hear evidence as offered by the removed emand place him fairly upon his defense, giving ployee and render judgment thereon, and the such employee an opportunity to make an ex- board shall forthwith notify the department planation, and file it with the civil service chief and the removed employee of its judgboard together with a copy of such notice of ment. discharge and explanation, if any, made by Hlstory.-§14, ch. 17166, 1935; CGL 1936 Supp. 8092(38); the employee. am. §7, ch. 22858, 1945.

Htstory.-§10, ch. 17166, 1935 : CGL 1936 Supp. 8092<35>· 174.15 Civil service board may initiate in-17 4.11 Hearing on appeal of discharged ern- vestigation and prefer charges.-The civil

ployee.-A discharged employee may appeal to service board shall also have the initiative in

646


any proceedings and may, by a majority vote ca11 before it any member of said police de~ partment for investigation, and, if it finds sufficient grounds so to do, may direct its secretary to prefer charges against said member, in which event the secretary may be substituted for the chief of police or chief of fire department in said charges and hearing, and in such event the secretary shall not vote in said proceedings.


174.16 Suspension of permanent employee; right to appeaL-Any chief of police or chief of fire department may suspend a permanent employee without pay for a reasonable period not to exceed thirty days, for purposes of discipline, provided, however, that said employee shall not be required to work more than five days of any suspension without pay. Successive suspensions shall not be allowed. In all cases of suspension, demotion, or lay off, the chief of police and chief of fire department shall furnish such employee with a copy of a notice thereof specifying his reasons for the same and give such employee a reasonable time in which to make and file an explanation. Any employee suspended or laid off shall have the right of appeal to the civil service board in the manner set forth in §174.11 with reference to an appeal in case of dismissal. Whenever the dismissal or suspension of an employee is disapproved by the board and a reinstatement ordered, the employee involved may, as determined by the board, receive the pay he lost because of such suspension.


17 4.17 Disqualified for further examinations.-Any permanent employee who is dismissed for misconduct or delinquency or who resigns while charges are pending shall be disqualified from taking any civil service examination thereafter.


17 4.18 Rank, grade and seniority held at time of adoption of chapter retained.-Members of the police and fire department, respectively, shall retain the rank and grade and the seniority they hold at the time of the approval of the provisions of this chapter by the municipality. That is, it shall not be necessary for them to be reappointed to the grade they hold at that time, nor to go through any probationary period to hold that particular grade. In the event, however, that any member of the police department shall become eligible for a position of a higher grade, then this chapter shall apply in all its terms and provisions. Nothing in this section shall prevent the governing authority from reducing the number of men in any grade, as hereinbefore provided.


17 4.19 Election may be called to approve or reject terms of this chapter for the municipality.-Whenever the governing authority of any municipality deems it for the best interest of its citizens, it may adopt a resolution

by a majority vote of its members, calllng an election on a day to be specified in sa1a resolution not less than forty days and not more than ninety days thereafter, to approve or reject for said municipality the terms of this chapter. In the event said chapter is adopted by a municipality in accordance with the terms of this section and §§174.20 and 174.25, and the municipal governing authority then desires to amend the provisions of this chapter such amendment shall be valid only after approval by a majority of the electors participating in a referendum election called for the purpose of approving or disapproving the amendment.

Blstory.-§19, ch. 17166, 1935; CGL 1936 Supp. 3092(43); §1, ch. 59-40.

17 4.20 Petition to governing authority to call election to approve or reject this chapter; procedure; publication of notice of election.-

(!) If the governing authority of said municipality shall not adopt a resolution calling an election for the purpose of approving or rejecting this chapter, an election may then be called for that purpose on petition to the. governing authority of such municipality requesting the governing authority to call such election as aforesaid. Said petition shall be signed by at least ten per cent of the qualified voters of such city or town, and each signer thereof shall add to his signature his place of residence, giving the street and number, if any. One of the signers of each separate paper containing the signatures of the qualified electors signing said petition shall make oath before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

(2) On the presentation to the governing authority of such municipality of such petition, whether on the same or different papers, it shall be immediately referred to the clerk or secretary of the governing authority and the registration officer or similar officer of such municipality shall, with such clerical assistance as may be necessary, compare the names on said petition with the registration books, and complete the work within ten days.

(3) If the number of names on said petition is not sufficient to call an election as herein provided, said officers shall re: tain said petition and receive additional petitions of the same character and for the same purpose for a period of thirty days, unless the requisite number is obtained sooner, when they shall not have been called by the governing authority, then it shall canvass the same and shall certify the result thereof to the governing authority of such municipality.

(4) If the requisite number of signatures of qualified voters appear on said petition or petitions and on the certificate of canvass thereof, and said election shall not have been called by the governing authority, then it shall forthwith adopt a resolution designating a day for the holding of such election, which shall not be less than forty days nor more than

647


ninety days after the adoption of such resolution; provided, however, the election may be held on the date of holding the next general election, at which one or more members of the governing authority are elected, and with the same judges and clerks. In which event, the provisions in regard to calling the election within a specified time need not apply.

(5) Notice of said election shall be given by the clerk or secretary of the governing authority by publishing the same in a newspaper published in such municipality once each week for four consecutive weeks next preceding said election, the first publication thereof to be not less than twenty-five days prior to such election; but if no newspaper is published in such municipality, then said notice shall be published as aforesaid in a newspaper published in the county in which said municipality is located, and three copies of said notice shall be posted at least twenty-five days before said election in said municipality, one of the said notices to be posted at the city or town hall and at two other conspicuous places in such municipality.


17 4.21 Officers, manner of holding and expenses of election.-The officers whose duty it is to provide for the holding of elections in such municipality shall make all necessary arrangements for the holding of such election, and the same shall be held and the expenses thereof paid in the same manner as elections are therein held by qualified voters of said municipality voting for the election of members of the governing authority thereof.


17 4.22 Qualified voters.-In determining the percentage of qualified voters required on the petitions hereinbefore prescribed calling such election, the registration list for the last general election voting for members or any member of the governing authority of said municipality shall be used.


174.23 Form of ballot.-The approval or rejection of this chapter may be submitted to the qualified voters of the municipality at a general or special election at the time hereinbefore provided. The governing authority shall prescribe the form of ballot to be used at such election, which shall be, as nearly as is practicable, the same as is required in

other elections; and said governing authority shall submit this chapter as a complete entity, and the caption of this chapter shall be a sufficient statement on said ballot of the purposes for which said ballot is cast.


17 4.24 Registration books. - The registration books of said municipality shall be open for said election in such manner as the registration books are ordinarily opened for general elections in said municipality; provided, however, that if there is a conflict in dates for the holding of said election as herein provided with the general elections of said municipality, it shall be sufficient for said registration books to remain open for a period of ten days.

Hlatory.-§24, ch. 17166, 1935; CGL 1936 Supp. 3092(48).

174.25 Board of election commissioners; approval places chapter in immediate effect; rejection requires elapse of two years before another election.-

(1) The governing authority of said municipality shall act as a board of election commissioners for holding said election and canvassing the returns and certifying the results thereof, and said election shall be held as nearly as may be in the same manner as other city or town elections. If at said election a majority of the qualified voters voting therein shall approve this chapter, the same shall be of full force and effect in said municipality immediately.

(2) In the event a majority of the qualified voters, voting in said election, disapprove this chapter, another election to approve or disapprove the same shall not be held for a period of two years after the date of said election.

Hiatory.-§25, ch. 17166, 1935; CGL 1936 Supp. 8092(49).

17 4.26 Charters and special acts in conflict repealed only insofar as they prevent the operation of this chapter.-This chapter shall not be construed as repealing any municipal charter or any special act of the legislature in regard to any municipality, except only those parts of charters or special acts so in conflict herewith as to prevent the operation of this chapter after its adoption by referendum election as aforesaid, but shall be construed to be an addition to said charters and special acts, except those parts of said charters and special acts not reconcilable herewith as aforesaid.

Hio.tory.-§26, ch. 17166, 1935; CGL 1936 Supp. 3092(50).

648

Ch. 175 MUNICIPAL FIREMEN'S PENSION TRUST FUND Ch. 175

CHAPTER 175

MUNICIPAL FIREMEN'S PENSION TRUST FUND (Chapter 67-218 amended §1175.091(1), 175.101 and cb. 67-217 created §175.122 to become effective July 1, 1967.)

175.011 Short title of act. 175.021 Legislative declaration. 175.032 Definitions. 175.041 Municipal firemen's pension trust

fund created; applicability of provisions.

175.051 Actuarial deficits not state obligation. 175.061 Board of trustees; members, terms of

office. 175.071 Powers of board of trustees. 175.081 Use of annuity or insurance policies. 175.091 Creation and maintenance of fund. 175.101 One per cent excise tax on property

insurance premiums authorized; procedure.

175.111 Certified copy of ordinance filed; insurance companies' annual report of premiums; duplicate files; book of accounts.

175.121 Moneys received by state treasurer paid into special fund; comptroller to pay municipalities annually.

175.122 Limitation of disbursement. 175.131 Funds received by municipalities; de

posit in municipal firemen's pension trust fund.

175.141 Tax imposed by municipalities under this act not additional to state excise tax; credit given on state tax.

175.151 Penalty for failure of insurers to comply with this act.

175.162 Requirements for retirement. 175.171 Optional forms of retirement income.

175.011 Short title of act.-Thls act shall be known and may be cited as the municipal firemen's pension trust fund act.

Blstory.-§1, ch. 63-249.

175.021 Legislative declaration.-It is hereby found and declared by the legislature that firemen, as hereinafter defined, perform state and municipal functions. That it is their duty to extinguish fires and to protect life and property therefrom at their own risk and peril; that it is their duty to prevent conflagration and to continuously instruct school personnel, public officials and private citizens in the prevention of fires and fire safety; that they protect both life and property from local disasters and that their activities are vital to public safety and welfare. Therefore the legislature declares that it is a proper and legitimate state purpose to provide a uniform retirement system for the benefit of firemen as hereinafter defined.

Bistory.-§1, ch. 63-249.

175.032 Definitions.-The following words and phrases used in this act shall have the following meanings, unless a different meaning is plainly required by the context:

(1) Fireman means any duly employed uniformed fireman employed by any municipality or fire control district in Florida, whose duty it is to extinguish fires and to protect life and property therefrom as a member of a duly con-

175.181 Beneficiaries. 175.191 Disability retirement. 175.201 Death prior <to retirement; refunds of

death benefits. 175.211 Separation from service; refunds. 175.221 Lump sum payment of small retire

ment income. 175.231 Diseases of firemen suffered in line of

duty; presumption. 175.241 Exemption from execution. 175.251 Employment records required to be

kept by secretary of board of trustees.

175.261 Report to state treasurer. 175.271 Advisory committee. 175.281 Report to legislature. 175.291 Attorney for municipality to represent

board of trustees upon request; failure to do so; board may employ independent counsel.

175.301 Deposit of funds and securities with municipal treasurer.

175.311 Each municipality independent of any other municipality in the operation of this act.

175.321 Application of §§175.101-175.151. 175.331 Rights of firemen under former law. 175.341 State treasurer to establish rules and

regulations. 175.351 Municipalities having the·ir own pen

sion plans for firemen. 175.361 Termination of plan and distribution

of fund.

stituted fire department of each such municipality, or any volunteer fireman whose name is carried on the active membership rolls as a volunteer fireman of any duly constituted volunteer fire department or any combination thereof, of any municipality, and whose duty it is to extinguish fires and to protect life and property therefrom. Token or other pension or compensation for services rendered by such volunteer firemen shall not take them out of the volunteer firemen category. Any person, who volunteers assistance at a fire but whose name is not on the membership rolls as an active member of the volunteer fire department, or of the fire department whose responsibility it is to extinguish fires and to protect life and property therefrom, is not a volunteer fireman within the meaning of this act. A volunteer fireman may have other gainful employment and this in and of itself shall not take him out of the meaning of a volunteer fireman.

(2) (a) Average final compensation for full-time firemen means the average salary of the ten best contributing years of the last fifteen years prior to retirement, or the career average as full-time firemen since July 1, 1953, whichever is greater. A year shall be twelve running months.

(b) Average final compensation for volunteer firemen means the average salary of the ten best contributing years prior to change in

649

Ch. 175 MUNICIPAL FIREMEN'S PENSION TRUST FUND Ch. 175

status to a permanent full-time fireman or retirement as a volunteer fireman or the career average of a volunteer fireman, since July 1, 1953, whichever is greater.

(3) Salary means the fixed monthly compensation paid firemen and where, as in the case of volunteer firemen, compensation is derived from actual services rendered, salary shall be the total cash compensation received yearly for such services, prorated on a monthly basis.

( 4) Property insurance means property insurance as defined in §624.0403, and covers real and personal property within the corporate limits of any municipality within the state. Multiple peril means a combination or package policy which includes both property and casualty coverage for a single premium.

(5) (a) Aggregate number of years of service with the municipality shall mean the total number of years, and fractional parts of years of service of any fireman, omitting intervening years and fractional parts of years, when such fireman may not be employed by the municipality. Provided, however, that no fireman will receive credit for years of fractional parts of years of service for which he has withdrawn his contributions to the fund for those years or fractional parts of years of service, unless the said fireman repays into said fund the contributions he has withdrawn, with interest, within ninety days after his re-employment. Further, providing that a fireman may voluntarily leave his contributions in the fund for a period of five years after leaving the employ of the fire department, pending the possibility of his being rehired by the same department and remaining employed for a period of not less than three years, without losing credit for the time he has participated actively as a fireman. Should he not remain employed for a period of at least three years as a fireman, with the same department upon re-employment, within five years, his contributions shall be returned to him without interest.

(b) In determining the aggregate number of years of service of any fireman, the time spent in the military service of the armed forces of the United States, or the Uriited States merchant marine, while on official leave of absence in the event of a national emergency, shall be added to the years of actual service; provided, however, that to receive credit for such services, the fireman must return to his employment as a fireman of the municipality within one year from the date of his release from such active service, provided further, however, that credit for such military service shall not exceed five years; provided further, however, that in order for any fireman to receive said military service credit, the said fireman must contribute into said fund the same sum which said fireman would have contributed should he have remained a fireman; provided further, however, that a request for such military service is made by the said fireman within ninety days after reentering the service of the fire department from such leave of absence

granted, or such military service credit shall be forfeited forever.

History ~u, ch. 63-249.

175.041 Municipal firemen's pension trust fund created; applicability of provisions.-

( I) There is hereby created a special fund to be known as the municipal firemen's pension trust fund, exclusively for the purpose of this act, in each municipality of this state, heretofore or hereafter created which now has or which may hereafter have a duly organized fire department or a duly authorized volunteer fire department, or any combination thereof, and which now owns and uses, or which may hereafter own and use equipment and apparatus approved by the southeastern underwriters association or the national board of fire underwriters. This equipment shall be in serviceable condition, of a value exceeding ten thousand dollars, and available for use for the fighting of fires for the protection of life and property therefrom, and which municipality does not presently have established by law, special law, or local ordinance, a similar fund.

(2) The provisions of this act shall apply only to municipalities organized and established pursuant to the laws of the state, and said provisions shall not apply to the unincorporated areas of any county or counties nor shall the provisions hereof apply to any governmental entity whose employees are eligible for membership in a state or state and county retirement system.

Blstory.-§1, cb. 63-249; §1, ch. 65-153.

175.051 Actuarial deficits not state obligation.-Actuarial deficits, if any, arising under this act, shall not be the obligation of the state.

History ~u. ch. 63-249.

175.061 Board of trustees; members, terms of office.-In each municipality there is hereby created a board of trustees of the municipal firemen's pension trust fund. The board of trustees shall consist of the mayor, or corresponding officer, when the municipality does not have a mayor; the chief of the fire department; two firemen of the municipality, to be elected by a majority of the firemen whose names appear on the rolls as members of the fire department of the municipality; and one legal resident of the municipality, to be appointed by the legislative body of the municipality. The mayor, or corresponding officer of the municipality, and the chief of the fire department, shall serve as long as they shall continue to hold office as mayor or chief, respectively, and upon a vacancy in the office of mayor or chief, their respective successors shall automatically succeed to the position of trustee, and each of the firemen shall be trustee, appointed for a period of two years, unless he sooner leaves the employment of the municipality, whereupon a successor shall be elected by a majority of the firemen in the municipality where such vacancy exists; the resident member shall be a trustee for a term of two years and he may succeed himself in office. The resident member shall hold office at

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