1907.

meetings to

plaints, etc.

peal.

property

appearing at

meet as soon as practicable after the expiration of said publication, or, after four weeks from the date of the Council posting of said ordinance, at a time named in the ordin- hear comance, and permit any owner of, or other preson interested in, any property against which it is proposed to levy such. special assessment, to present to the City Council any objections which he may have to the enforcement of the requirements of such ordinance; and shall have power, if they deem justice or right to require the same, to repeal or Power to reamend said ordinance; but no such amendment shall increase the amount to be specially assessed against other property. Any person owning or interested in any property Rights of to be specially assessed or generally taxed for said work, owners not who shall not at such meetiing, present in writing, to the meeting, etc. City Council his objection to said ordinance, shall be deemed to have consented to it's provisions, and any person so presenting his objections to such and not satisfied with the action thereon, shall have the right within thirty days theraefter, to present to any court of competent jurisdiction by Bill in Chancery, praying for an injunction against the enforcement of said ordinance, and the court shall have power, upon proper cause shown, to grant such injunction; and any person not so presenting his bill for injunction within thirty days, or failing to push to a successful concusion with due diligence his application for an injunction, shall be deemed to have consented to the enforcement of the ordinance and the levy and collection of the special assessment and taxes necessary thereto, and shall not thereafter be heard to defend against or question the validity of such tax or special assessment. The Mayor and City Council are hereby authorized to provide, by ordinance, for the issuance of special Special asassessment City Certificates for such amounts, and draw- certificates, ing such rates of interest and upon such terms and con- etc. ditions as may be deemed necessary, to enable the city to pay the costs of such work pending the collection of the special assessments and taxes, and to provide for the payment thereof with interest; and the City Council shall as soon as practicable after the completion of any such work, by resolution, fix the special assessment per front foot upon the abutting property, or the special assessment against the property drained, filled in, cleaned up, or put into proper condition, as the case may be, at an amount not exceeding either the actual cost of the work, or the

sessment

1907.

Right to

contest spe

ment, etc.

estimated special assessment stated in the ordinance providing for the work.

Any person desiring to contest in any way the validity cial assess- of any such special assessment or lien shall, within thirty days after the publication or posting of the resolution fixing the special assessment, institute suit to have the enforcement thereof enjoined, or its invalidity legally declared, and no person not so instituting such suit shall thereafter be heard to question the validity thereof or to defend against the enforcement of the lien upon the grounds of its invalidity. Any such special assessment paid within thirty days after the publication or posting of such resolution shall be accepted without interest, and suhh assessments not so paid within said time shall bear interest from the date of publication or posting of such resolution at the rate of one per cent per month. The May. or and City Council may, by ordinance, provide for the payment of such special assessments in instalments, and for the collection by enforcement of the liens by attorney or attroneys after any payment has not been made in Enforcement compliance with the provisions of such ordinance. The liens for the amounts of such special assessments may be enforced by Bill in Equity, and any number of liens arising under the provisions of one ordinance may be enforced in and by one proceeding in Equity. The city shall have and collect a lien upon any properties affected by such special assessments for reasonable attorney's fees for the collection of unpaid special assessments after the col lection thereof shall have been entrusted to an attorney by resolution of the City Council.

of liens.

Board of
Public Works

Sec. 10. The Mayor and City Council may, by ordin ance, provide for the election or appointment of a Board of Public Works, (who may also be made Trustees for bonds issued, with such powers and duties with respect to the bonds and the sales thereof and the use of the proceeds thereof as may be provided by the ordinance) of such number of members, with such terms of office, and such executive powers and duties and such provisions for and regulation of their execution of trust and duties as may be provided by ordinance, and if such ordinance be submitted to and approved by the electors in the manner in this act provided for such submission of such ordin ance, the Board shall thereupon become and be a fixed ex

ecutive board of the city until such ordinance shall have 1907. been in like manner repealed or amended.

ordinary

fire protec

Sec. 11. The Mayor and City Council may, by ordin- Tax levy for ance, levy and collect such taxes for ordinary purposes purposes and as the City Council may find necessary to properly meet tion. the needs of the city, and also a special tax for fire protection, covering the cost of the fire protection, which special tax shall be levied upon all and only the property lying within about five hundred feet of a fire plug; and the City Council shall, by ordinance levying said tax,fix the limits which include the property liable to such tax as nearly as may be practicable to the limit of five hundred feet from the nearest fire plug. Said special tax for fire protection shall be levied and collected at the same time and in the same manner that other taxes are collected. and the proceeds thereof, shall be used exclusively for the payment of water for fire protection, and for the maintenance of a fire department and the furnishing of the best practicable fire protection.

iting by ex

countant au

Sec. 12. The Mayor and City Council may, by ordi- Annual aud nance, provide for the auditing, annually, by an expert pert acaccountant, not connected with the municipal govern thorized. ment, of the accounts of each municipal officer handling moneys of the city, and may have the report of such auditing officer published or posted, for the information of tax payers.

amend pro

Sec. 13. The existing charter and charter provisions Power to of the City of Alachua may be at any time amended or visions of charter, etc. abolished and repealed, and an entire new charter and charter provisions or amendments of those existing may be adopted and established, fixing and defining as fully and completely as could be done by Legislative enactment the powers and duties of the municipality and providing for and regulating the exercise of such powers and duties, or the numbers, powers, duties, terms of office and time and manner of election or appointment of any or all city offices may be amended and changed, by ordinance adopted by the affirmative vote of not less than two-thirds of all the members of the City Council and approved by the Mayor, or passed over his veto, and, at a general or special municipal election approved by the affirmative vote of a majority of the votes cast upon such proposition;

1907.

Proviso.

In case of absence or sickness of Mayor or Pres. of Council.

Provided, that once each week, for eight weeks next preceeding such election such ordinance or ordinances shall have been published in a newspaper printed in the city, or, not less than eight weeks preceeding such election, by being posted in at least three public places in said city: and provided further, that this act shall not be construed as depriving the City Council under existing legislation of the power to create or abolish by ordinance not so ap proved by the electors any office not created or recognized in State legislation, or by ordinance approved by the electors. Such new charter or amendment or change of charter provisions shall take and go into effect thirty days after the day of election at which the same shall have been approved by the electors, and no contest of such election and no question as to the validity or regularity or suffici ency of the proceeding whereby such charter or amend ment or change of charter provisions has been ordained. approved or adopted or put into effect, shall be made or raised collaterally, or in any proceeding instituted more than thirty days after such election, otherwise than by quo warranto proceedings instituted by the Attorney General of the State. The Mayor and City Council of the city, together with the electors thereof, are hereby, in the manner above stated, authorized from time to time, to exercise the most complete local self-government as to all municipal affairs, and are hereby authorized, in the manner above provided, to alter and amend their municipal charter, and to change by increase or by limitation, the powers and duties of the municipality and of its officers. to the same extent that such powers and duties could be changed, extended or limited by act of the Legislature; the only limitation upon such power being that the municipality shall not acquire any rights other than those properly pertaining to local municipal governments.

Sec. 14. In the absence, sickness, or disqualification of the Mayor, the President of the City Council as Acting Mayor, shall perform all the duties of the Mayor, and in the absence, sickness or disqualification of both the Mayor and President of the City Council, the President Pro Tem of the City Council, or such other member of the City Council as may be designated by that body, shall. as AActing Mayor, perform all the duties of the Mayor. Sec. 15. All ordinances adopted by the City Council

and approved by the Mayor, or passed over his veto, shall be published in a newspaper printed in said city, or posted as may be designated in such ordinances.

Sec. 16. That this act shall take effect upon its passage and approval by the Governor.

Approved May 7, 1907.

1907.

CHAPTER 5787-(No. 192).

AN ACT to Legalize and Validate an Ordinance of the City of Apalachicola, Florida, Numbered 149 and Entitled "An Ordinance Providing for the Making, Construction and Operation of a System of Waterworks and for the Making, Construction and Operation of a Sys tem of Sewerage of the City of Apalachicola, Providing for the Issue of Bonds of Said City of Apalachicola, for Each of Said Purposes, and Providing for a Submission of the Question of Said Ordinance, and each Question Therein Contained to an Election of the Qualified Voters of Said City Then Residing Therein and Owning Real Estate Therein, and Have Paid Their Taxes for the Year Last Due Thereon, and Providing for the Conduct and Management of Said Election Provided for Therein," Passed by the iCty Council of the City of Apalachicola, Florida, the 2nd Day of August, 1905, and Approved by the Mayor of the City of Apalachicola, Florida, the 2nd Day of August, 1905; and to Legalize and Validate the Special Election Provided for in Said Ordinance in Sections 7, 8, 9, 10, 11 and 12 Thereof, and Held on the 12th Day of September, A. D. 1905, by the Qualified Voters of the City of Apalachicola, Florida, Under the Provision of Said Ordinance; and to Legalize and Validate All Bonds Issued by the City of Apalachicola, Florida, Under and by Virtue of Said Ordinance Number 149, and All Proceedings, Resolutions and Ordinances of Said City Council of Said City Under and in Pursuance of the Same.

Be It Enacted by the Legislature of the State of Florida:

Section 1. That Ordinance Number 149 of the city of Apalachicola, Florida, entitled "An Ordinance providing