1907. Contest of election. In case Trustees are adjudged illegal officers under the Constitution State. or vacancy, appoint a suitable person to fill such vacancy the Board of County Commissioners shall elect a suitable person to fill such vacancy from such district where the vacancy occurs. Sec. 22. Any person dissatisfied with the announcement of the County Commissioners of the result of said election herein provided to be held, shall have the right within thirty days after such announcement is made, to test by suit for injunction, filed within thirty days after such announcement, the right of the County Commissioners of St. Lucie County to issue the bonds proposed to be issued; but no contest of such election and no question as to the validity or legality of such bonds or the sufficiency of the proceedings whereby the issuance of such bonds have been authorized shall be made or raised in any proceeding instituted more than thirty days after the making of such announcement; and the issuance of such bonds, unless enjoined by said proceedings instituted within thirty days from the making of such announcement, shall stand in all respects as valid and legal, and the bonds so issued, regardless of any irregularities in the proceedings, when signed as in this act provided, by the Chairman and the Clerk of the Board of County Commissioners and delivered to the purchasers, shall constitute a valid claim and bond against the County of St. Lucie, for the payment of which both principal and interest, according to the terms of said bonds, shall stand pledged all the taxable property within St. Lucie County. Sec. 23. If in any judicial proceeding it is adjudged or decreed by a court of competent authority that the Road Bond Trustees herein provided for are not legal officers under the constitution and laws of the State of Florida, Laws of the then this judgment or decree shall not affect the legality and validity of the bond issue herein provided for; and the Board of County Commissioners shall proceed under the general law to appoint the Trustees provided for in said general law, who shall perform the duties as provided in said general law, and the Board of County Commissioners shall expend the proceeds of said bonds for the purposes provided in this act as if said bonds were issued under said general law. Sec. 24. All laws and parts of laws in conflict with this act are hereby repealed. Sec. 25. This act shall take effect immediately upon its passage by the Legislature and approval by the Governor. Approved June 3, 1907. 1907. CHAPTER 5762-(No. 167). AN ACT for the improvement of the Public Roads and Bridges in Volusia County, Providing for the Employment of Convicts Under Certain Conditions and for the Levy and Collection of a Road and Bridge Tax, and the Means of Its Expenditure. Be it Enacted by the Legislature of the State of Florida: missioners to of roads, fix Section 1. The Commissioners of the County of Volusia, County Com in this State, shall at their regular meeting in July, 1907, elect Supt. and biennially thereafter, elect a County Superintendent his bond and of Roads and Bridges to serve for two years. They shall salary, etc. fix the amount of the bond to be given by said Superintendent, and the amount of salary to be paid for his services, and it shall be their duty to remove the superintendent for neglect of duty, incompetency or conduct detrimental to the public service. missioners to fications, fix rial, machin Sec. 2. All the roads and bridges shall be constructed County Comand repaired according to plans, specifications and rules make speciadopted by the County Commissioners; said board shall wages, puralso fix the maximum rate of wages to be paid each class chase mateof labor employed by the County Superintendent of Roads ery, etc. and Bridges. Necessary road working machinery and material shall be purchased by the Board of County Commissioners and paid for out of the road and bridge fund. Sec. 3. No member of the Board of County Commis- No servant of the county sioners, clerk or other employee of any department of the shall act as public service of the county shall serve as an agent for agent, etc. the sale to the county of any road working machinery, tools or material, or for any interest direct or indirect in any profit which may arise from such sale, under penalty of dismissal from the service or office. 1907. Sec. 4. The Superintendent of Roads and Bridges shall have the supervision of the construction and repair of all Duties of Su- public roads and bridges in the county under written diof roads and rections and specifications of the County Commissioners: bridges. he shall employ the necessary labor, giving preference to perintendent citizens of the county; he shall have charge of all road and bridge material, tools, machinery and all road work. ing property owned by the county; he shall give bond for the proper discharge of his duties and the safety and care of all county property under his charge. The superintendent shall keep a book in which he shall record in detail all public work done in his department, the kind and loca tion of the work, when and by whom done. He shall make out a monthly report showing the details above enumer. ated and the amount of wages due each employee in his department. He shall file said report with the Clerk of the Board of County Commissioners in time for the first regular meeting of the County Commissioners thereafter. The superintendent shall certify under oath the correctness of his report. The County Commissioners shall audit the Auditing re- same and provide for the payment from the road and bridge fund of the several claims due: Provided, that nothing contained in this act shall be construed to prohibit the County Commissioners of said county from hav ing any public road worked by contract or any bridge erected or repaired under the existing State laws. port. Proviso. Tax levy. Sec. 5. The Board of County Commissioners of said county, shall, at the time for levying taxes for county purposes, levy a tax for public roads and bridges, not exceeding six mills on the dollar on all the real and personal property in the county subject to taxation, which shall be Collection of assessed and collected as other taxes of the county, and the moneys arising therefrom shall be paid into the County Treasury to be expended solely by the County Commis sioners for the purpose of providing for the laying out, purpose ex- constructing and maintaining public roads and bridges and procuring all things necessary thereto. tax. For what pended. Plans, speci- Sec. 6. That when found necessary to construct or repair any bridge or road and it is deemed best to have the same done by contract, the County Commissioners shall pass upon the plans and specifications, after which bids may be invited by publication for the material or work to be done, and the bid or bids approvel by the County Com missioners shall be accepted and the contract entered into with the bidder. 1907. demn lands ceedings in Sec. 7. Whenever it shall be necessary to take any land May confor a public road or to use forest timber, unworked stone, and mat eor any other road or of bridge material, the County Com- rial by promissioners may proceed to condemn the same as provided eminent doby law for proceeding in eminent domain, and the judgment therein, if paid, shall be paid from the road and bridge fund. main. county con Sec. 8. That the County Commissioners of said county May employ are hereby authorized to employ on the public roads of victs. the county all male convicts under sentences to imprisonment in the county jail; they are authorized to provide for the feeding, guarding and safe keeping of such prisoners and to make and enforce such rules as may be necessary to insure their efficiency and safe keeping. When employed on the public roads the prisoners shall be under the control and direction of the County Superintendent of Roads and Bridges, who, with all guards and foremen over the convicts having been duly sworn shall have the same police powers as deputy sheriffs. County Sheriff as to Sec. 9. That it shall be the duty of the judges holding Duty of court in said county to sentence to imprisonment and Judge and hard labor on the public roads any person convicted of a convicts. crime in said county, the penalty for which is imprisonment in the county jail. That it shall be the duty of the sheriff of said county to deliver to the Superintendent of Public Roads and Bridges of said county all male convicts sentenced to imprisonment in the county jail. Sec. 10. That all acts or parts of acts in conflict with this act be and the same are hereby repealed. Sec. 11. That this act shall take effect upon its passage and approval by the Governor. Approved May 22, 1907. 1907. Powers and authority of courts in Brevard County. CHAPTER 5763-(No. 168). AN ACT to Repeal Chapter 3933 of the Laws of Florida. Entitled, "An Act to Organize a County Court in and for the County of Brevard, to Prescribe its Jurisdiction and Powers, to Provide for the Appointment of a Prosecuting Attorney, and for the Compensation of the Judge of Said Court." Be it Enacted by the Legislature of the State of Florida: Section 1. That Chapter 3933 of the Laws of Florida. approved May 18th, 1889, be and the same is hereby repealed and that the County Court organized and provided for therein, be and the same is hereby abolished. Sec. 2. That all suits pending and undetermined in said court at the time this act shall go into effect, and all judgments of said court unsatisfied shall be transferred by the clerk of the said county court to the court having jurisdiction of said causes, and such courts shall have the power to try and determine said causes and issue executions upon all judgments recovered therein or hereby transferred to said courts, and to do all things necessary and proper for a complete determination of said causes. Sec. 3. That this act shall take effect thirty days after its passage and approval by the Governor. Approved May 22, 1907. |