Ibid. 1911 cessful conclusion 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, shall not thereafter be heard to defend against or question the validity of such tax or special assessment. The Mayor and Town Council are hereby authorized to provide, by ordinance, for the issuance of special assessment town certificates for such amounts and drawing such rates of interest and upon such terms and conditions as may be deemed necessary to enable the town to pay the cost of such work pending the collection of special assessments and taxes, and to provide for the payment thereof with interest; and the Town Council shall, as soon as practicable after the completion of any such work, by resolution, fix a special assessment per front foot upon the abutting property, or the special assessment against the property drained, filled up, or put in proper condition, as the case may be, at an amount not exceeding either the actual cost of the work or the estimated special assessment stated in the ordinance providing for the work. Any person desiring to contest in any way the validity of any such special assessment or lien, shall, within thirty days after the publication or posting at the Town Hall and two other public places in said town of the resolution fixing the special assessment, institute suit to have the enforcement thereof enjoined or its invalidity legally declared, and no person not 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 such assessment not paid within said time shall bear interest from date of publication or posting of such resolution at the rate of one per cent. per month. The Mayor and Town Council may, by ordinance, provide for the payment of such special assessments in installments, and for the collection by enforcement of the liens by attorney or attorneys after any payment has been made in compliance with the provisions of such ordinance. The liens of 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 town shall have and collect a lien upon any property effected by special assessment for reasonable attorneys' fees for the collection of unpaid special assessment after the collection thereof shall have been entrusted to an attorney by resolution of the Town Council. Sec. 38. All persons who shall possess the qualifications requisite to an elector at a general State election and shall have paid his poll taxes, as provided by law, and as prescribed for State elections, and shall have resided in the town for six months next preceding the election, and shall have been registered in the municipal registration as shall be prescribed by ordinance, shall be a qualified elector of the town of such election; and Provided, That the State and county registration shall not be required to qualify an elector of the town. The Town Council shall provide for holding all elections of town officers, and for canvassing the votes and certifying the results thereof. The person receiving the highest vote shall be entitled to the office. The election shall be held as near as may be in accordance with law governing elec tions for State offices, and the same form of ballot shall be used as is now provided for by law for use for elections for State officers. Any person desiring his name to be printed upon the official ballot as a candidate for any office shall, not less than fifteen days before the election, file with the Town Clerk a petition signed by ten or more qualified electors of said town, asking that his name be placed upon the official ballot as a candidate for such office. The Town Council shall have the official ballots prepared and printed, and shall place upon the official ballot the name of those for whom petitions have been filed within the time herein provided, and no others, but shall leave upon such ballots sufficient space for other names to be written by the voters. 1911 Qualificators, elec tion of elec tions, etc. Sec. 39. All officers of said town, before entering upon Oath. their office, shall take and subscribe to an oath to faithfully perform the duties of their office. ment of officer. Sec. 40. Any officer of said town may be impeached Impeachby the Town Council and removed from office for misfeasance, malfeasance, or nonfeasance in office, or for drunkenness or habitual intoxication, by affirmative vote of two-thirds of all the members of the Town Council. Should charges be preferred against any officer, the same 1911 Authority granted by general law. Contracts. Ibid. Actions against town. procedure shall be had and observed as provided in this Act in charges against the Mayor. Sec. 41. The officers of the Town of Hilliard shall have and exercise all powers conferred by general law upon municipal offices, not consistent with the terms of this Act. The said officers shall have the power to condemn lands and their appurtenances for the same purpose and in the same manner as is set forth and provided in Section 1040 of the General Statutes of the State. Sec. 42. The Town Council shall have exclusive power to make all public improvements and expenditures authorized by ordinances, but shall let all contracts for over two hundred dollars to the lowest responsible bidder. Sec. 43. The Town Council shall not employ or contract with the Mayor or any Councilman or with any other town official. Sec. 44. No suits shall be maintained against the town for damages arising out of its failure to keep in proper condition any sidewalks, pavements, viaducts, bridge, street or other public place, unless it shall be made to appear that the damage alleged was attributable to the gross negligence of the town, and that written notice of such damage was within thirty days of the receiving of the injury, given to the Mayor with such reasonable specifications as to time and place and witness as would enable the town officials to investigate the matter, and no verdict shall in any suit be given for an amount exceeding compensation damaged to the plaintiff directly attributable to such negligence on the part of the town and not caused by contributory negligence on the part of the plaintiff, it shall be the duty of the Mayor, upon receiving any such notice, to at once investigate the matter and lay the facts supported by the evidence, before the Town Council in a written report, and the Town Council shall have the right, and upon the written request of the person injured, it shall be the duty of the Town Council to investigate the matter, and it may, by ordinance, make such reasonable settlement as any such damages as may be agreed upon between the Town Council and the person so damaged, which settlement must be approved by two-thirds of all the members of all the Town Council. 1911. Changes, amend Sec. 45. The number, powers, duties, terms of office and time and manner of election or appointment of any or all boards and officers of the Town of Hilliard created by the State Legislature or by town ordinance, except- ments, etc. ing only the legislative powers and duties of the Town Council may be amended and changed for any and all boards and officers, whether created by State Legislature or town ordinances, may be abolished and new boards and officers created by ordinances adopted by an affirmative vote of not less than two-thirds of the Town 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 all the qualified electors who shall have voted on the proposition; Provided, That Proviso. not less than fifty per cent of the qualified voters shall have voted on such proposition; and Provided, That once a week for three weeks, next preceding such election such ordinance or ordinances shall have been published in a newspaper published in Nassau County, Florida, or posted in the Town Hall and two other public places in said town; and Provided further, That the town electors shall Proviso. be given an opportunity at such elections to vote separately on each amendment upon the proposed change as to each office to be effected; and Provided further, That this Act shall not deprive the Town Council of the power to create and abolish any office not created or recognized by State legislation or by ordinances approved by the votes of the electors of the town. ments by Governor. Sec. 46. That the Governor shall appoint one person Appointas Mayor, five persons as Town Councilmen, one person as Town Clerk and Tax Collector, and one person as Town Treasurer of the said town of Hilliard, and the persons so appointed shall be and constitute the officers of said town of Hilliard, and shall hold office until their successors are elected at the first election of officers provided for in this Act and shall qualify. Persons so appointed by the Governor shall be qualified electors of said town, and shall take the oath of office prescribed in this Act, and the Town Clerk and Town Treasurer shall give such bond as may be required by the Town Council. When such officials appointed by the Governor shall have qualified as herein prescribed they shall have and exercise all the duties, functions and powers provided for and conferred by this Act upon the govern 1911 Powers of appointed officers. Proviso. ment and officers of said town. The officers so appointed and qualified shall have the power to levy a tax upon all taxable real and personal property in said town for the year 1911, and prepare and complete assessment and tax rolls and books in the manner provided for in this Act, and the taxes so levied and assessed, shall become a lien on the property against which the same shall be assessed, and shall become due and payable, and shall be collectable in the same time and manner prescribed and provided in the foregoing sections of this Act; Provided, The valuation at which said property is assessed shall not exceed the valuation at which the said property is assessed for the purpose of State taxation, and the rate of taxation shall not exceed one per cent. upon valuation. The said officers shall have the power to license and tax privileges and occupations in the manner and within the limitation provided for in this Act. In order to meet the expenses of the town government until taxes sufficient therefor are collected, the Mayor and Town Council so appointed may from time to time contract for and borrow money at a rate of interest not exceeding 8% per annum; Provided, That the total amount so borrowed from time to time shall not exceed the sum of two thousand dollars. For the amount so borrowed, the Town Clerk shall, upon the order of the Town Council, draw his warrant or warrants under the corporate seal of the town upon the Town Treasurer, and the same when countersigned by the President of the Town Council, shall become and be valid evidence of debt against said Town of Hilliard. Sec. 47. This Act shall take effect and become a law upon its passage and approval by the Governor. Approved May 26, 1911. |