OCR Interpretation


The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, July 08, 1922, Image 11

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn95047222/1922-07-08/ed-1/seq-11/

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Clerk, may require that the proposed ordinance be submitted to a vote
Kf the electors in its original form, if with or prior to such demand, a peti
tion for such election signed after the final action or inaction of the City
Ejwnmission, is filed with such City Auditor and Clerk bearing additional
of five per cent of the electors of the city; none of whom were
(Signers of the first petition. The City Auditor and Clerk shall forthwith
cause notice of the filing of such demand and petition to be published in
Tome newspaper of general circulation in the city, and shall also, within;
live days, certify to the City Commission the proposed ordinance, stating i
' Whether or not a special election is demanded in the petitions, the percen
t't*ge of registered voters who signed the two petitions in the aggregate,
gai the date on which he published the notice last mentioned.
tF # Section 182. Time of Holding Election. —If an election is to lie held
Hot more than two months nor less than thirty days after the publication of
notice by the City Auditor and Clerk, such proposed ordinance shall
'be submitted to a vote of the electors at such election. If no election is to
be held within the time aforesaid, the City Commission shall provide for
the proposed ordinance to the electors at a special election
'to to held not later than forty-five days and not earlier than thirty days after
tbe publication of the first notic'-., if the petitions for such ordinance and
K the petition for such election si demand, and if the signers of the two peti
j ttons amount in the aggregate to at fekst twenty-five per cent of the regis
it tared voters of the city; otherwise the same shall be submitted at tiie next
feiwgular or special municipal election. At least ten days before any such
HEetlon the City Auditor and Clerk shall cause such ordinance to he pub-
Hjhited.
Section 183. Ballots.—The ballots used when voting upon any such i
l-Dropo.sed ordinance shall stale the title of the ordinance to be rated on and j
below it the two propositions: "For the Ordinance” and "Against the Or-!
P dhiance ” Immediately at the left of each proposition there shall be aj
gnuare in which by making a cross (X), the voter may vote for or against j
■ the proposed ordinance. If a majority of the electors voting on any such I
terfoposed ordinance shall vote in favor thereof, it shall thereupon become
t tax ordinance of the city;
Kk . section 184. Duty of City Attorney. — Before any ordinance so proposed
Hufbe submitted to the City Commission, it shall first be approved as to
the City Attorney, whose duty it shall bo to draft such proposed
it ordinance in proper legal language if called upon so to do, and to rentier
service to persons, desiring to propose such ordinance as shall
r ba hecossary to make the same proper for consideration by the City Com-
Bp"sectlon 185. Amendments and Repeals. —No ordinance adopted by an
B electoral vote can be repealed or amended except by an electoral vote , but
i. an ordinance to repeal or amend any such ordinance may, by resolution of
the City Commission, be submitted to an electoral vote at any regular elec
tion or at any special municipal election called for some other purpose, pro
r vlded notice of the intention to do so be published by the City Commission
1 not more than sixty days nor less than thirty days prior to sucli election,
in the manner required for the publication or ordinance. It an amendment
S o proposed, sucli notice shall contain the proposed amendment in lull.
Such submission shall be in the same manner, and the vote shall have the
1 same effect, as in cases of ordinances submitted to an electoral vote by
IP® sectfon IS6. Petition for Referendum.—No ordinance passed by the
City Commission, unless it shall be an emergency measure or the annual
appropriation ordinance, shall go into effect until thirty days atter~i*s final
‘ passage If, at any time within said thirty days, a petition signed by tliuty-
C per cent of the total number of registered voters in the municipality.
be filed with the City Auditor and Clerk, requesting that any such oidinamc
be repealed or amended as stated in tho petition, such ordinance shall noi
become effective until the steps indicated herein shall have been ,aken. buc 1. ■
Detition shall have stated therein the names and addresses ot at least five
' electors as a committee to represent the petitioners. Uefereiidum peiitious
need not contain the text of the ordinance or ordinances the repeal ot
'•which is sought; but shall contain the proposed amendment, it an amend
ment is demanded, and shall be subject in all other respects to the require-J
ments for petitions submitting proposed ordinances to the City Commission.
Ballots used in referendum elections shall conform in all othei respects to
• those provided for in Section 183 of this charter. • ,
Section IS7. Proceedings Thereunder.-The City Auditor and Clerk
shall at its next meeting, present the petition to the City Commission,
•which shall proceed to reconsider the ordinance. If, within thirty days attei |
the filing of P such petition, the ordinance be not repealed or amended
requested the City Commission shall provide for submitting the proposed re
peal' or amendment to a vote of the electors, provided a majority o bo,
rammittee named in the petition to represent the petitioners .snail file
Sme with the City Auditor and Clerk within twenty days after the expiration
'Ke saW thirty "days, so required. Inso <doing .the t.ty C0,~.m sd L
ikP irov&rned by the provisions ot Section ot tins yin.iui
Ssuecting the time of submission and the manner ot voting on ordinances
ritv Commission by petition; excepting that the question
;• SS- skar-sts.* srss sss
: ii£\r:z;xz‘nSti’,v ,r o,s.° ............. .
| wme election conflict, the ordinance receiving the highest am. mum e |
|| stall prevail. Measures.— Ordinances passed as emergency
I Section 199. y reteren(lum in like manner as ether ordinances.
| measures shall be subject to re tho time indicated in such ordi
fe. except that they shall „o into doctors, an emergency mens
r nances. It, when submitted to a • voting thereon, it shall lie con-;
| previous to the refer- ;
; endum vote thereon. „ Tn a netition be filed requiring
1 Section ISO. Preliminary a petn expsndit
: 6&XnVVS.r,<S“S ol contract lor .act. in,„rovon,on,. ma,
: prior to the election _ „ mombe rs of the City Com-
|
may b Ve°i“can of the commissioners designated, signed
■ ’eedure: A petition for the le , tJ ._, t he city, and containing a
ly at least twenty per ® < L n , hundred lords of the grounds of the recall,
. statement in not more than t ( > who shall forthwith notity the
| (hall be filed with the Cty Auditor and m . they
E commissioner or c ° m “‘l si ““f lc e ma y file with such City Auditor and Clerk
B wifoin five days after S “ not exceeding twb hundred words. The City Audi-'
If a defensive statement m not exceeam of Baid me days cause sut-
I: tor and Clerk shall at once ll °V, of‘such petition, without the signatures,
I fleieut number of typewritten of sucu pet , lyp2wriUca
| to be made and to each of them lurnialled him within the tune
Bp copy of such defensive statemen , I)e tition to bo placed on file in Ills
f stited. He shall cause: copies of _ such peUtlon
|, offlee and provide f t acl , l ‘ ti ® b üb l ®hed in some newspaper of general circulation
h ately cause notice to besuch copies of sucii petition. Such copies
Ila the city of the placing of su jn the placQ designated tor the
; of such petition shall rem f thenl may be signed by any
I period of thirty days, during whxn > 01 . aUorney . Each signer ot
L elector of the city in P® rao “'. 3 b " t a ink ■or indelible pencil and shall
R any such Co .py wvToting precinct and by street number
H place thereafter his residence by u , said period of thirty days
E Section 192. N ® t |?.® rl A t hall assemble all of said copies in his office as
■ the City Auditor and Clerk BhaJl sa me and ascertain and certity
E one instrument, and s . hal Q l . amount to at least thirty-five per
■ hereon whether the signatures signatures do amount to
m cent of the registered voters of the £ael upon the com .
fc puch per cent he shall at once petition, and also deliver to
Bs£tnrier or commissioners designated in t wRh hU certificate as
■She City Commission a , c ° p * f ,-oters who signed the same, and a certificate
Efo e t P he rC dTte a of his 1 ” last'mentioned notice to the commissioner or commis
■Lienors designated in the { th c omm i sß l o ner or commissioners.
Br?ectlon 193. Recall ElecUom fi , G with tUe city Auditor and
ftD7 of them, designated t mentioned notice his or their wilt-
Bserk‘ within five da> eald cu y Auditor and Clerk shall at once notify the
Bten resignation, the Cits Auditor cu resigliation shall he irrevocable.
E-City Commission of that £ac *. a _ ceed , {ill t he vacancy.’ In the ah
l and the City Co f : i tK , Commission shall forthwith order
Isrvras s asrs* sr-s
mr& "r srjks ; saiaa os
■tionod, and at the same time a any ot er goner i o i suc;i iod the
W V6Tl %irHon e m' Ballots. —The Ballots at such recall election shall con
tnltho following requirements: With respect to each person whoee
11 ? i cnm ht the question shall be submitted: Shall (name of P©i
‘emoved 'from the‘office of City Commissioner by recall?” imme
■t4diatly following each such question there shall he printed on the halio-s
Br the two propositions in the order here set forth.
kHm--. f. "For tho recsll of (nam B of person). n 4
EfIBIL '"Against the recall of (name of person).
; mL t-rnmndintalv to the right of each of the prepositions shall be place 1
ffiiiir —"T Mu IX) - mav "
LAKELAND EVENING TELEGRAM, SATURDAY, JULY 8 ,1
for either of such propositions.
Section 195, Filling of Vacancies.—ln any such election, if a majority
of the votes cast on the question of removal oi any commissioner arc at-|
firmative, the person whose removal is sought shall thereupon lie deemed
removed from office upon the announcement of the official, canvass ot that
election, and the vacancy caused by such recall shall he tilled by the
remainder of the City Commission according to the provisions of this
i charter. It', however, an election is held for the recall of more than one
commissioner, candidates to succeed them lor the unexpired terms siiai!
|be voted upon at tbe same election, ant! shall he nominated without prim
ary election, by petitions signed, dated and verified in the magner reiuiro.i
~f petitions presenting names of candidates for nomination at a primary
"lection, and similar in form to such petitions, hut signed by electors equal
in number to at least five jpr cent of the registered voters ot the city,
and filed with the City Auditor and Clerk at least thirty days prior to such
recall election. But no such nominating petition shall he signed or cir
culated until after the time has expired for signing the copies of the pe
tition for the recall, and any signatures thereon antedating- such time shall
not be counted.
Section 196. Counting the vote.—Candidates shall not be nominated
to succeed any particular commissioner; but if only one commissioner is
removed at such election, the candidate at sm h election receiving the high
jest number of votes shall bo declared elected to fill tHo vaneaney; and if
more than ope commissioner is •removed at such election, such candidates
! equal in number to the number of commissioners removed shall be de
clared elected to fill th G vacancies; and among the successful candidates
those receiving the greater number of Votes shall tin declared eluded for
l': e longer terms. Cases of ties, and ail other matters not heioin spe
cially provided for, shall be determined by the rules governing elections
j generally.
Section 197 Effect of Resignations. —No proceedings for the recall of
jail the members of the City Commission at the same election shall ho de
feated in whole or in part by the resignation of any or all of them, but
“upon tiie resignation of any of them the City Commission shall have power
'to fill the vacancy until a successor is elected, anti tiie proceedings for the
! recall and election of successors shall continue and have the same effect
las though there had been n 0 resignation.
Section 198. Miscellaneous Provisions. —Except as herein otherwise pro
vided, no petition to recall any commissioner shall he filed within six
j months after he takes Qffico. No person removed by ret all shall ho eligi
j Hie to be elected of appointed upon said Commission for a period of two
after the date of sucli recall. The City 9uilitor and Clerk shall pre
serve in his office all papers', comprising or connected with a petition tor
;t recall for the period of one year after tho same were filed. The nietn
od of removal herein provided is in addition to such other methods as are
or may bo provided by genera! law.
Section 199. Offences Relating to Petitions. - No person shall falsely
impersonate another, or purposely write his Jiame or residence falsely, in
the signing of any petition for initiative, referendum or recall, or forge
any name thereto, or sign any sucli paper with knowledge that he is not
a qualified elector of the city. No person shall sign or knowingly permit
to be signed, any petition for recall at any place' other than the office
c f the City Auditor and Clerk. Nor shall any person employ or pay an
other, or accept employment or payment, for circulating any initiative or
referendum petition ’ upon the basis of a number of signatures procured
thereto. Any person violating any of the provisions of this section shall
ho deemed guilty of a misdemeanor and shall, upon conviction, be fined
in any sum not to exceed one hundred dollars and the costs of prosecution,
and may be imprisoned for not exceeding three months. or
1 otli, at the discretion of the court. Tiie foregoing provisions shall not
ho held to lie exclusive of, but in addition to- all laws of flic state proscrib
ing penalties for the same offense or for other offences relating to tiie
same matter.
GENERAL PROVISIONS.
j Section 200. investigations.—The City Commission, or any committee
I thorn if, the City Manager or any advisory hoard appointed by the City
j Commission for such purpose, shall have power at any time to cause the
I affairs of any department or the conduct of any officer or employe to lie in-
vestigated; and for such purpose slml! have Power to compel the at
lendar -o of witnesses and the production of books- papers- anil other evid
jence; and for tlia' purpose may issue subpoenas or attachments which
shall be signed by the president or chairman of the body, or by the officer j
i making the investigation, and shall be served by any officer authorized by j
'law to serve such process: The authority making sucli investigation shall
have power to cause the testimony to lie given under oath, such oath to ha
j administered by some officer having authority under the law i-f the state
j to administer oaths; and shall also have the power 4o punish as tor contempt
; any person refusing to testify to any fact within his knowledge, or produce
- any book or papers under his control relating to the matter under inves
' t igat*on.
! Section 201. General Laws to Apply,—All general laws of the State
I applicable to municipal corporations, now or which may hereafter he en
acted, and which are not in conflict with the provisions of this (barter or
! with the ordinances and resolutions hereafter enacted by tiie City Coin
mission, shall be applicable to this city: provided that nothing contained
“in this charter shall be construed as limiting th-*/power of the City Commis
cion to enact uny-'ordinance or resolution not in conflict with the cousti
j tion of tho state or with the express ptovisions of this charter.
I Section 202. Amendment of Charter. - Amendments to this' chaffer may
I lie submitted to the electors of the city by a two-thirds vote of tho City
iCommission, and by petition signed by thirty-five per cent of the electors
of the city setting forth any stick proposed amendment, shall lie submitted
jbv action cf the City Commission. Tl:o ordinance providing for the uuli
i mission of any such amendment shall require that it be submitted to the
I electors at the next regular municipal election if one shall occur not l"ss
! titan sixty days and not more than one hundred and twenty days a'.ler.
its passage; otherwise it shall provide for the submission of tbe amend
\ hiont at a special election to be called and held within the time afore
j said. Not less than thiry days prior to such election tiie City Auditor anti
Clevk shall mail a copy of the proposed amendment to each elector whose
name appears upon the roll or registration books of the last regular muni
cipal election. If such amendment is approved by a majority of lhe o'eo
tr.rs'votiua. thereon, it shall become a part of the charter at the time liv
ed therein.
{Section 203. That the city shall have power to make its own assess
ments of taxes: and for enforcing the collection of taxes due to the city
if shall have all the rights by way of sale ami purchase that the ritaie
would have were such taxes due the state and the said rights may lie ex-,
ereised in a similar manner to be fixed by ordinance of the commission;
but the valuation placed upon real and personal property by said city may
exceed th e state and county valuation but shall not exceed the ac'.ual cash
value of the property. , , ...
Section 204. In addition to the procedure hereinbefore set forth m tins
charter the City Commission at its option, may make local improvements
and assessments therefor, and issue certificates and. on Torre 1 11 ■ • collodion
thereof ill the manner as set forth in the succeeding provisions of tills
charter. These provisions shall he in addition To ail other powers here
inbefore set. forth and either method can he employed at the option of the
City Commission, notwithstanding any other provisions to the contrary
which might hereinbefore appear in this charter.
Section 205. . Procedure in Assessing Property for Improvements.—
When at any tilde the City Commission of the City of Lakeland shall <lc
eide to pave, grade, curb, lay oui, open, repair or otherwise improve any
street, alley or highway, or any part thereof, 0 r to construct repair or mi
prove any sewer or drainage pipe or passage or to do any other ‘oeal
improvement or improvements, the City' Commission shall pass a lesoiii
tion or ordinance ordering the same to be done, and thereupon the t U>
Manager and City Auditor and Clerk shall advertise for bids for making the
said improvemßits, which said advertisement shall contain anieng otliei
things a description- of the material to be used, with the width of the
pavement if a street is to he paved, and shall designate with resonajli
certainty the limits within which the said work Iu to lie done and toe na
tuie thereof; and iu which said advertisement the City Commission may
reserve the right to reject any and all kids. In advertising the street pav
ing. the City Commission may within their discretion advertise for separate
•bids for grading, paving and curbing, and the City Commission may entei
into separate contracts therefor. Whenever any bid for any such improve
Pas been accepted and the improvements, or any portion" thereof, com
pleted under the terms of the contract and the same have been approved
by ihe City Manager, after duly advertising and giving the public the
hearing hereinafter mentioned, the City Manager shall certify tlm entire
costs of the said improvements to the City Commission, whereupon uip
City Commission shall assess against the property abutting on eiUitr side
of the street, alley or highway so improved all or any-part ot the co*t
of such improvement, and each part as the City Commission shall determine
shull be borne by the city. Such assessment shall be made in proportion ol
property on such street, alley or highway so improved, provided, that noth-,
lag heroin contained Shull prevent the City of Lakeland from issuing bonds
against thc certificates herein provided for in the general law. or other-
Scetion 20G. Notice for Hearing Complaifffi. and Assessments for Im
provements. —In all cases provided in this charter for tho paving grading, |
curbing, laving cut. opening, repairing or otherwise improving the streets,
alleys or highway within the limits of the City, or the doing of any other
! ocal improvement or improvements of a local nature, whenever said wqrk
! or any portion thereof shall have been completed, and prior to its final ac
ceptance or approval, the City Manager. City Auditor and Clerk s.ia.l cause
to be published a notice of the completion of the said work, which notice
shall contain a statement of th 0 total costs of the work, and tho total
frontage of lots liable to lionsThorfcr; but in such notice the name of the
owner or owners or other persons interested in the said lots need no, tip
1 pear, but only a sufficient description of the lots as to make them capable
I of identification shall be necessary; and said notice shell set a day. not less
than ten c.avs from tho date of publication, when the City Commission will
hear oll'complnints which the. owner ok.owners or other persons inteipsteo
in said lot may, desire to make against Ihe certification of the osts of such
Improvements to tho City Commission. After the date of such ‘ ‘
no sufficient reason be shown why Ihe coat of said improv* m- ut, djaU'Urt
bA certified to the City Qoiamission as provided la this act, the City
Commission shall then assess all or any part af ,he c ° sts
the property ofl ot the street, and shall issue certificates of
indebtedness therefor. payable in equal innlalliii..nl . ill 1,2, 3- I fi,
s, !i, and 10 years after daip. I
Section 2'17. Itccords tft tie Kepi in "City Improvement Livi I '.on’.:
As soon as pne licable, after llu* issuance of nii\ ( ■Mjiocs ~1 in i ■ • t( ■<i t-■ j
!iv the City commission as herein provided for, the tity ( t<-rl. and Audi’.o’ shall :
cause to be entered ill a book kept for that purpo.-i to h, known at lb "Sin i:
Improvement Lien Itook.” the date of each fertile a l -, ade t* r : ;.t t■>if'■ u> ,
lot upon which the lien is claimed, the amount or ■ v on' ■ ! •
io tile terms of said certificates* and when .lac : lii oil,. ; iiiftu'm:*
lion a** may ii(. deemed advisable. bpof ii. P :, >'t ~i auv t -c ;c
so enteri lin said hook, llu holder of the sam • shall • •! 1 '.!t.> tid
tifieate before ilto City Auditor and City Clerk for •an Motion and it
lie tlie duty of the City Clerk and Auditor to cut' l l C- :■ id • ■ riifi
well as the record thereof in the street iniprovenn at li, :i hook: and in tfi
even: that the whole amount represented by) the said certificate shall not I " ,
paid, but only a pi rlioii thereof, the C!erk*Vliall enter up >n th bn.-:: oft!
said certificate the amount paid and the date of payni it aid .-hail also
.make a similar entry in the street improvement licit book. I’ny- ■
| ment of said liens shall he Rs provided for in Sections 34 and 53 of Clmpter
; 5298 Laws of Florida, passed at 1919 session.
Section 20S. Knforcement of Liens, etc. —In no event . hull the ainouni i
; or validity of the liens or certificates of indebtedness as provided for in tics
< barter l:e queir Ytied Jn any t or collateral proceeiiiins ins'ltii ■ 1 more
: than 6 months utter the issuance of such certificate of indebtedness by the eity j
In any suit brought to enforce the lien of such certificates of indebtedness!
jor the amounts due upon them, the original certificates of ind, business j
j issued oil account of such liens shall be and constitute prints I'm ie evid-i
•■nee of the amount and existence of the lien upon tile proeprty .l<- s , . *
and in ail eases mentioned in this charter where the city has sequin and or nun
1 hereafter acquire liens for improvements, suelt liens, or city part of tin-m may ,
ihe enforc' and ill the following manner by the City, or in the name of lit •;
I City by the holder thereof: First by a bill in equity; second, by a suit at;
law. Tile bill in equity of the declaration at law shall set forth ;siefiy and
i succinctly the issuance ( .f the certificates of indebtedness issued uii o
!count of such lien, the amount thereof and the description of C, ■ j<noiiu ; :
I upon which such hen may have been acquired anti against which said 1
I certificate of indebtedness was issued; and shall contain a prayer tli .t :li ■■
! owner of the property be'required to pay the amount of said lien, or in
j default thereof- that the said property shall be sold to satisfy the same. Tito
j judgement or decree that may be acquired in sueft suit shall not ho enforc
ed against or be a lien upon any oilier property than that against which the
assessment may he made; and in flic decree or judgement, as the <••• may ,
be. for the enforcement or collection of the amount for which said licit
■ 'hall be given, decree or judgement shalTalso he rendered for a tea uiiint-b
1 -'Korney's fee., not to exceed Twenty-five Dollars ($-5.00), for tile iicottii
i : ion of tlx' suit, together with the costs of tin* proceeding, which attorney's j
fee and costs shall he a lien upon the said land and shall he collected at the
time and i:t the manner provided for the collection of the amount for
which the lien was originally given, hut in no event shall the City lie liable
for the payment of the attorney's fee herein provided for.
Section 709. Service on Parties Defelioant, Appeals, etc, In the pro
ceedings provided for in the preceding section, the owner of owners of V 1
'and. if they can lie ascertained, shall he made parties defendant. If 1 1 ■
owner or owners cannot he ascertained after diligent inquiry, the prcc ei and
legs shell 1■ ■ * against the property against which the lien may he elainfd,
without mcnt.oiiuig any party as defendant. In such ease service shall Ir
had by a niqiee of the institution of tile suit for the enforeetn.'nt of such
'i n by advertisement in a newspaper published in the. city, cue- each
for four consecutive weeks. In all proceedings to enforce the said liens
or any part of them, save in the ease where the owner euinot be ■ -er
tainetl. service shall he ma le in the same manner as is prnvidi .■! for bv law
for service in other cases.. In such proceedings, appeals and writs of error
may he taken to the proper appellate court as in other eases. The propel' ap.
pollute court shall on motion of either party advance such cases out of th iv
regular order and try and determine the same ns early . i:! passible.
tv—tion 2JO. Sidewalks. The f'itv Commission sir.ill have the power
to prescribe tile width of all sidewalks to lie built in the city and the ma
term! of which the same shall be constructed. They shall ai o bevi tip.
power to require properly owners to lay, construct or repair sidewalks hi
pov.er co require, property owners to lay, construct or repair sidewalks hi
front o. their property in the following manner. The City Cnmr.ii., ion tmiv
by resolution order ptoperty owners to construct sidewalks of a prescribed
| material i:i front of their property within thirty days from the passage ef
such resolution. Immediately upon the passage of such resolution it shall he 1
:lik duty of tlie clerk to mail a copy the reef to each property owner aft ■ pal.
Suelt resolution shall also he published at least one time in a newspaper pm
lished in the City of Lakeland. Knilur, to receive sta ll r.otic ■ by a.- ,
erty otvner shall not invalidate any future proecceding ; by the Citv t'ueis;.--
'don in the making of an assessment against such property for the eon no
tion of such sidewalk. If any owner of any property shall' not lay. const ru.-:
or repair the sidewalk, as prescribed by such resolution, within tie t!i!;cv
day period from the passage of such resolution, then it shall be the dm . m
tlie City Manager to have the same done, and he shall certify the entire eu.-t
thereof to the City Commission. The City Manager may certify the cos;
of the completion of the sidewalk before each separate piece of prop rty ...
the same is completed. Upon the receipt by tlie City Commission . '.-aid
certificate of cost, it shall he the duty of the City Commission to :i.e . u i
property owner ten day's notice of the completion of suelt ,id*• v. :.•!i-. .ml tic
amount of the cost thereof, which notice may be given oy the pultlb-atio:: r
at least one time in a newspaper published ill the City of Laio-p u*|. , ;■ jn
written coin lit unication sent through the mails. Such notice shall a ■ t !.,-
time and place at which tlie City Commission will convene for tin- pc: 0,.,. .
of hearing complaints upon the construction of the said work, and the . . :
thereof, and at the time and place named in the said notice the t'iiy i ,ia
mission shall convene for the purpose of hearing complaints np„u ;;i*• same.
If there are no complaints, or if, after hearing complaints. (];>• same up;;, ar
to tlie Commission not to he valid, the City Commission shall thin as. llu
entire cost of same against tlie property and issue the certificate.- of iad -a.
edness therefor. Suelt assessment may he made in ten equal instaMm. a.
payable in ent', two, three, four, live, six, seven, eight, nine, and m>.
hearing interest not to exceed six per cent. As soon as era :i: , a.:.,
the issuance of suelt certificates of indebtedness by tlie Cit.f Cornea
hereinafter provided for, the City Clerk and Auditor shall rau-. the a.a. a,
be entered in a Sidewalk Improvement Lien lb k, similar to site C p. t
improvement Lien Book hereinbefore provided for under a.a lon * .
this Charter, and such Sidewalk Improvement Lien Book shall eeniam tit ante
data as provided for* the Street Improvement Lien Book, and the payment
and the collection of suelt certificates shall be in the same manner as pro
vided for street assessments.
Sections 208 and 209 of this Charter shall govern and control such . er
tificates. All laws applicable to street improvement certiorates, a,, lie rein
set out, shall be applicable to sidewalk improvement certificates; provided
further, that the City may i3sue bonds against such certificates, cither
provided by the general law or otherwise. The' Commissioners shall ili-po..
of such certificates at public gale or pay for the construction of the it
walks with such certificates or bonds which may be i trued against the .-..lar
Section 211. —In the sale cf any certificates or hands of the City ef Lake
land such sale shall be made by tlie Commissioners at public sale b, a
vertising for bidders thereon for not leas than two weeks, such advert in mem
to be published in a newspaper in the City of Lakeland once 'a week for
two weeks.
Section 212. Power to issue Local Improvement IJoacls. —Whenever the
City of Lakeland shall have issued special improvement certificate.' or L.-u.d
special assessments against any property as hcreiuhei'ore pr.aided in this
charter, the City Commission may order said eertilii-au.; turned over in;
payment for work done and materials l'uruislied or liie City Commi ..iun'
may sell said certificates or, at its option, may retain the same v. it it the
City Treasurer or the city depository anil issue bends in stall denominations
and payable at such times as the City Commission may <1 toiinine, provided
the mflturities of said bonds shall bo substantially the s .me date as tin ma
turity of the special assessment or special certificates. This power to issue,
such bonds shall be in addition to any powers heretofore given and the i fi
ance and the necessity therefor is to be determined proviou. iy by the City
Commission by resolution, which said resolution duly passed, shall be author
ity for the issuance of said bonds and shall render the same valid, legal and
binding obligations of the city and purchasers thereof are relieved from any.
responsibility for seeing to the application of the funds derived from the
sale of said bonds. The funds collected upon such special assessments or cer
tificates shall be placed in a special sinking tund ler the retirement of said
bonds.
The amount of said bonds tjjiali not be included in computing the limita
tion of the bonded indebtedness of the city.
Section 219. Liens.—Taxes and assessments on real e-ita e shall be and
remain a. lieu on the property assessed superior to all other lien except State
and County taxes. ‘AH such liens may be enforced as other lien . Ail unpaid
taxes and assessments may be collected by suits in courts of law and equity.
The cost of all suits and proceedings for the collection of unpaid taxes and
assessments, includinf a reasonable attorney's iee or solicitor's Ice, shall
be recovered and collected by such suits.
Section 214. Treatment of Unpaid Assessments. —Delinquent Taxc- ot
the City of Lakeland shall bo collected in the same manner as provided by
sections 44, 46, 47, 4b and 49 of chapter 8298 of the Laws of Florida (Special
Acts) as passed by the legislature at the 1919 session, which said sections
reading as hereinafter set torth are incorporated herein; if taxes on an;,
real estate shall not be paid by the first day of January after delivery of tut
tax roll to the collector, it shall be the duty of the tax collector and city
clorl: to make a copy of the assessment of such real estate us assessed nd
'as appears unpaid against any lot, tract, or parcel of real estate, which said
copy shall be cerfitlech to by the tax collector and clerk and have attached
thereto the seal of the City, and which said certified copy shall contain a
description ot the real estate, tlie valuation of the name, and the amount
of taxes assessed against said real estate, ar.d said certificate shall be pnma
facie evidence of the contents of the assessment roll and. of the amount of
taxes due thereon and of the regularity of all proceedings, in< hiding the
assessment, valuation and levy of taxes, in all suits to enforce the payment
of or lien for such taxes as may appear upon the said assessment roll
and all penal dot. Bald certified copy shall be delivered to the city attorney,
who shall proceed to codec, said taxes, costs and charges, and it payment be j
not made in sixty days, he shall file a bill in equity to subjec t said property
to said lax lien, interest, cost and charges. All parties having tin interest
m said property may be made parties to said suit; provided, said interest
appears on record in the public records of Polk county, Florida. 1
The city attorney shall be allowed eight per cent lor the collection of
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PAGE 5-B

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