that the cost as entered up exceeds the actual cost thereof or has been erroneously entered, or that the apportionment thereof is unequal or unreasonable, or exceeds the special benefits accruing to the lot by reason of the improvement, then the Commission shall, by resolution, so declare, and shall have the entry thereof in the Street Improvement Lien Book corrected, and shall fix the amount to be charged against said lot as a lien at an amount not exceeding, in the judgment of the Commission, which shall be conclusive on such point, the special benefit accruing to such lot or parcel of property by reason of such improvement; and the amount so fixed by the Commission shall stand as the amount of such lien, and any amount of such cost found to be in excess of special benefits shall be paid by the municipality. In all cases where no petition shall have been filed as hereinbefore provided within sixty days after the completion of such sewer, drain, street pavement, foot pavement or sidewalk, the cost thereof as entered up in said book shall become and be a fixed lien upon the property described. In no event shall the validity of such lien, as primarily entered in the Street Improvement Lien Book, or as fixed by the Commission on petition duly presented, be questioned in any direct or collateral proceeding instituted more than three months after the completion of the work; and a copy of the entry of any such lien in the Street Improve ment Lien Book, certified by the Town Clerk under the corporate seal of the town, shall constitute prima facie evidence of the amount and existence of the lien upon the property described, in any proceeding to enforce or defend such lien. ARTICLE X. Miscellaneous. Ibid. 1911 Laws and ordinances not in con ble. Section 1. All ordinances and parts of ordinances now in force in said town, and which are not in conflict with the provisions of this Act, or with the Constitution and flict applicalaws of the State of Florida, shall be and remain in full force and virtue until repealed by said Commission, or their successors; and all laws now in force, or that may hereafter be enacted for the government of cities and towns, except in so far as they conflict with the provi 1911 Election, ordinances, bond issue of bonds validated. sions of this Act, shall apply to the said Town of Green Cove Springs, and the officers thereof. Sec. 2. The special election of said Town of Green Cove Springs, held on October 6th, 1909, authorizing the and proceeds issue of $45,000 par value of improvement bonds of said town under the provisions of Chapter 4878, Laws of Florida; the ordinances and proceedings of the Town Council and officers of said town, calling, regulating and holding said election, and providing for the appointment of Bond Trustees; the sale and issuance of said bonds, and application and disbursements of the moneys received there from in the construction, repair or purchase of sewers, street pavements, municipal buildings, lighting plants, machinery, waterworks, wells, pumps, pipes, engines, fire departments and otherwise, are hereby declared to have been legally done and performed, and are hereby legalized and validated; and it is declared that said municipality at all times had power to use the proceeds of said bonds for the purchase, construction or repair of municipallyowned or operated lighting plants, waterworks, or other public purposes. Removal of Commissioner and election of new Com missioner to one removed. succeed the Sec. 3. A special election of a Commissioner or Commissioners shall be called at any time upon the presenta tion to the Commission of a petition signed by qualified electors of said town equal in number to forty per cent of the vote cast at the preceding general election. Such petition shall state plainly the grievance against the Commis sioner sought to be removed. The petition shall be promptly verified by the Commission, and if the requisite number of qualified electors shall have subscribed thereto, the Commission shall cause to be published once a week for four successive weeks a call and notice for a special election, to be held within thirty days from the presenta tion of such petition for the purpose of electing a new Commissioner or Commissioners, and upon the ballot shall be placed the name of the Commissioner against whom complaint is made, unless he shall specially request its omission therefrom, and any other name or names presented by a convention of the citizens, or by a petition signed by forty per cent of the voters. The candidate or candidates receiving the highest number of votes cast at any election for Commissioner shall be elected. More than one Commissioner can be recalled at a single special election, but not more than two special elections under this section may be held in any one year. 1911 ordinances. Sec. 4. Upon petition presented, signed by qualified Passage of electors of said town equal in number to fifty per cent of the total vote cast at the preceding general election, a special election shall be called by the Commission for the approval or rejection of any ordinance the Commission may have enacted; or by a petition signed by a like number of electors, the Commission shall submit an ordinance accompanying said petition for the approval or rejection of the electors at a special election to be held within thirty days from the presentation of such petition. Notice of such special election shall be published as in other cases, and shall state briefly the purpose of such election. The ballot at such election shall contain the words: "For Ordinance," and "Against Ordinance." During the publication of such notice, a copy of the ordinance to be voted on shall be kept posted at the Town Hall. In the event of an adverse vote, the ordinance shall be repealed thereby without further action. If the petition shall lack the requisite number of names, the petition shall be returned without prejudice, and may be presented again to the Commission at a later date, with additional names. The special elections provided for in this and the preceding section shall be held as nearly as possible in conformity with the general town elections, but not more than two elections under this section shall be held in any one year. Sec. 5. The Commission shall not have the authority to incur any indebtedness or obligation whatsoever, unless funds of the town shall be in hand to pay the same. Sec. 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed in so far as they affect the Town of Green Cove Springs. Sec. 7. This Act shall go into effect immediately upon its passage and approval by the Governor. 1911 Incorporation. Legal boundaries. Original description of limits. Acts, deeds, etc., validated. CHAPTER 6351-(No. 232). AN ACT to Legalize and Confirm the Incorporation of the Town of Greensboro, in Gadsden County, Florida; To Define its Boundaries; to Validate the Acts of its Duly Authorized Officers; to Cure Any Defects in the Original Incorporation of Said Town, and to Declare the Same a Legally Incorporated Town. Be it Enacted by the Legislature of the State of Florida: | Section 1. That the organization of the Town of Greensboro, in Gadsden County, Florida, as a municipal corporation heretofore undertaken to be effected under the general law of the State of Florida, for the incorporation of cities and towns be, and the same is hereby, ratified and confirmed, and the said Town of Greensboro is hereby declared to be a legally incorporated town, with all the powers, privileges, rights and franchises conferred upon such towns by the general law of this State." Sec. 2. That the legal boundaries of said town shall be as follows: Beginning at the S. E. corner of the west half of the east half of Section 16, in Township 2 N., R. 5 west, thence run north 1 mile to the northern limits of said Section 16, thence run west along the northern limits of said Section 16 and Section 17, 1 mile, thence run south to the southern boundary of Section 17 aforesaid 1 mile, thence run east along the southern boundaries of Sections 17 and 16 to the point of beginning, situated and lying and being in the County of Gadsden, in the State of Florida. Sec. 3. That any error in the description of the limits of said Town of Greensboro, which may have occurred in the original incorporation of said town be, and the same is hereby, cured and made to conform to the description and limits herein set forth. Sec. 4. That the acts and deeds performed in the organization of said town are hereby declared valid and legal, and all acts and deeds done by and through the Mayor, Town Council or other officers of said town, within the powers conferred upon said town, and officers by the laws of this State, are hereby ratified and confirmed, and declared to be legal and valid. Sec. 5. That the several persons exercising the duties and functions of the various offices of said town are hereby declared to be legal officers of said town, and they shall continue to exercise the duties and functions of their respective offices until their successors are duly elected and qualified. Sec. 6. That this Act shall take effect immediately upon its passage and approval by the Governor. Approved May 10, 1911. 1911 Officers. CHAPTER 6352-(No. 233). AN ACT to Amend Section Four of the Chapter 6057 of the Laws of Florida, Being Entitled "An Act to Incorporate the Town of Gretna, in Gadsden County, Florida; to Establish a Municipal Government for Said Town; to Provide for its Government and to Prescribe its Jurisdiction and Powers." Be it Enacted by the Legislature of the State of Florida: Section 1. That Section four of Chapter 6057 of the Laws of Florida, being entitled an act to incorporate the Town of Gretna, in Gadsden County, Florida, to establish a municipal government for the said town, to provide for the government and to prescribe its jurisdiction and powers be, and the same is hereby, amended so as to read as follows: Sec. 4. The persons now acting as officers of said town shall each respectively hold and occupy the office in which he is now acting until his successor shall be elected and qualified. The annual election shall be held on the first Tuesday in December of each year. All officers elected at such annual election shall hold office one year from the first day of January following such annual election, except that the terms of office of Town Councilmen shall be for a period of two years, beginning on the first day of January following their election. At all elections held in said town only those persons who have resided within said town for a period of six months prior to such election, are duly registered therein as is or may be provided by ordinance and who are qualified Terms and election of officers. |