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1911

Limitations as to enforcement

of liens.

certificate, and when due, and such other information as the council shall deem advisable. Upon the payment of any certificate so entered in said Street Improvement Lien Book, the holder of such certificate shall produce the certificate for cancellation, and it shall be the duty of the treasurer to at once make a memorandum thereof in a book to be kept for that purpose, showing the date of such payment, the number of the certificate and the property on account of which said payment is made and he shall at once certify such facts to the City Clerk and the said clerk shall make entry of such facts in the Street Improvement Lien Book. But the said treasurer shall not receive any payment on account of any certificate which is not in full payment of principal and interest of the installments at the time due and payable, nor shall he receive any payment on account of any certificate upon which suit has been instituted under the provisions of this Act, and notice thereof has been given to him by the attorney representing the complainant.

Sec. 8. In no event shall the amount or validity of the lien or certificates of indebtedness as provided for by and validity this Act be questioned in any direct or collateral proceeding instituted more than six (6) months after the issuance of such certificate of indebtedness by the council of the City of Kissimmee. Upon any suit brought to enforce such lien or collection of the amount due upon any such certificate of indebtedness, a copy of the entry of such lien in the Street Improvement Lien Book, duly certified by the City Clerk, under the corporate seal of the city, or the original certificate of the indebtedness issued on account of such lien, shall be and constitute prima facie evidence of the amount and existence of the lien upon the property described, and in all cases mentioned in this Act, where the City of Kissimmee has acquired or may hereafter acquire liens for improvements, such liens, or any of them, may be enforced in the folenforcement lowing manner, by the said city, or in the name of the said city, by the holder thereof:

Manner of

of liens.

First, by a bill in equity.

Second, by a suit at law.

The bill in equity or the declaration shall set forth briefly and succinctly, the issuance of the certificate of indebtedness issued on account of such lien, the amount

thereof, and the description of the property upon which such lien has been acquired and against which such certificate of indebtedness was issued, and shall contain a prayer that the owner shall be compelled to pay the amount of said lien, or in default thereof, that the said property shall be sold to satisfy the same, but the judgment or decree obtained in such suit shall not be enforced against or be a lien upon any other property than that against which the assessment was made, and any decree or judgment as the case may be, for the enforcement and collection of the amount for which such lien is given.

1911

Service on fendant to

parties de

suit.

Sec. 9. In the proceedings provided for in the preceding section, the owner or owners of the land. if they can be ascertained, shall be made parties defendant. If the owner or owners cannot be ascertained, after diligent inquiry, the proceedings shall be against the property on which the lien is named, without mentioning any party as defendant. In such case, service shall be had by a notice of the institution of said suit for the enforcement of such lien, by advertisement in a weekly newspaper published in the City of Kissimmee, once a week for four (4) consecutive weeks. In all proceedings to enforce said liens, or any of them, save in cases where the owner or owners cannot be ascertained, service shall be made in the same manner as is prescribed by law for services in other cases. In such proceedings, appeals and writs of error may be taken to the proper appellate court, as in other cases. Sec. 10. In addition to proceeding against the prop- Penalty. erty of the abutting owner or owners, as prescribed in this Act, the council shall have power to impose a penalty by ordinance upon any abutting owner, or his agent failing or refusing to comply with any notice requiring such abutting owner to construct such improvement.

Sec. 11. All laws, or parts of laws, in conflict with this Act be, and the same are, hereby repealed.

Sec. 12. This Act shall take effect immediately upon its approval by the Governor, or upon its becoming a law without such approval.

Approved June 3, 1911.

1911

Amendment.

Taxes.

Territorial boundaries.

CHAPTER 6362-(No. 243).

AN ACT Amending Section 58, and Repealing Sections 59, 61, 62 and 63 of An Act Entitled An Act to Abolish the Present Municipal Government of the Town of Lake City, in the County of Columbia and State of Florida, and to Establish, Organize and Constitute a Municipality To Be Known and Designated as the City of Lake City, and to Define Its Territorial Boundaries and to Provide for Its Jurisdiction, Powers and Privileges, Approved on the 22nd Day of May, 1901, Known as Chapter 5091, Laws of Florida, and Further Supple menting Said Act, and to Create the Office of City Attor ney and City Marshal and Tax Assessor and to Provide for Their Election, Powers, Duties and Compensation. Be it Enacted by the Legislature of the State of Florida:

Section 1. That Section 58 of Chapter 5091 known as An Act to abolish the present municipal government of the Town of Lake City and to define its territorial boundaries and to provide for its jurisdiction, powers and priv. ileges, approved on the 22nd day of May, 1901, be and the same is hereby amended so as to read as follows:

Sec. 58. All taxes on the assessment roll shall for each become due and payable immediately as soon as the assessment roll shall come into the hands of the Tax Collector, of which he shall at once give notice by publication at least once in some newspaper published in the city. The collection of all such taxes remained due and unpaid after three months next after the publication of such notice, shall be enforced in the manner hereinafter provided and interest at the rate of ten per cent per annum from the date of said publication of notice by the Tax Collector, shall be added thereto, and collected as part of the tax.

Sec. 2. That Sections 59, 61, 62 and 63, of An Act entitled An Act to abolish the present municipal government of the Town of Lake City, in the County of Columbia and State of Florida, and to establish, organize and constitute a municipality to be known as the City of Lake

1911

City, and to define its territorial boundaries, and to provide for its jurisdiction, powers and privileges, approved on the 22nd day of May, 1901, be and the same are hereby repealed. Provided such repeal shall not affect the Proviso. validity of any tax sale or other proceedings heretofore had thereon or thereunder.

taxes.

Sec. 3. If the taxes for any year on any real estate Collection of shall not be paid within three months after the day of pub. lication of the notice required to be given in the foregoing sections by the Tax Collector after the tax roll has come into his hands, the Tax Collector may at any time thereafter make from the roll a copy of any assessment and tax thereof remaining unpaid, showing the assessment of any lot, parcel or tract of real estate as the same appears upon the roll with the tax which he shall certify to be a true copy from the roll, and shall deliver the same to the City Attorney of the City of Lake City for collection which certified copy shall be prima facie evidence of the contents of the assessment roll, and of the levies made thereunder of the regularity and validity of all the proceedings on which the same are based, in all suits to enforce the payment of such taxes as may appear upon the certified copy; and the Tax Collector shall upon the request of the City Attorney, make out and deliver to him a certified copy of any assessment or assessments remaining unpaid after the expiration of three months from the day of his first publication of notice after the tax rolls shall come into his hands in any year. The City Council also may direct the Tax Collector at any time after the expiration of three months as aforesaid in any year either by resolution or ordinance, to make out and deliver to the City Attorney such copy or copies, and may also in like manner, direct the City Attorney to proceed upon the same to enforce the payment of the tax or taxes; the Tax Collector upon delivering any such copy to the City Attorney, shall enter upon the assessment roll that it has been certified to the City Attorney, with the date of delivery, and thereafter the collection of such taxes shall be made by the City Attorney, and not by the City Tax Collector.

of liens.

The City Attorney upon receiving any such certified Foreclosure copy as aforesaid may or when directed by the City Council, shall, bring into the Circuit Court for Columbia County a bill in Chancery to foreclose the lien of the taxes

Ibid.

1911

Proviso.

so shown to be due and unpaid, which bill shall allege the city's claim of lien against the real estate described, and shall be brought in the name of the City of Lake City as plaintiff against the person named as owner and such other persons as the City Attorney may know, or have satisfactory reason to believe to be owners of or interested in such real estate or have any right thereto or lien except as tenants.

Upon application of the City Attorney, the Clerk of the Circuit Court shall make an order of publication of notice to all persons having any interest or right, whether as owners, lien holders or otherwise in such real estate which notice shall be addressed "To All Whom it May Concern," requiring them on or before a rule day to be fixed by such order to appear to any such bill and set forth the nature of their respective interests in, rights to, and liens upon said real estate; and such order shall contain a descrip tion of the real estate and the names of the parties named in the bill as defendants, and shall be published in a newspaper published in the city, once a week for four consecutive weeks prior to the rule day fixed in such order; and in all suits in which such order and such publications shall be made, the interests, rights and liens of all persons in, to and upon such real estate, whether such persons be named as defendants in the bill or not, shall be foreclosed by the decree and their respective interests, rights and liens shall be affected thereby to the same extent as though they were named and duly served and had appeared as parties defendant in such suit, but should such suits be prosecuted to conclusion without the publi cation of such notice, the interests, rights and liens of those persons only who were named as defendants and duly served shall be foreclosed by the decree; Provided, That such order and publication shall not avoid the neces sity of service of a subpoena upon all parties named as defendants who are to be found within the jurisdiction of the court, and Provided further, That service upon absent defendants named in the bill shall be by publication as in other Chancery cases.

Except as herein otherwise provided, the suits aforesaid shall be conducted agreeably to the practice of the Circuit Court in other Chancery suits to foreclose liens.

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