City of St. Cloud v. Carlson

Citations

• 78 Fla. 131
• 82 So. 616

Syllabus

<p>1. The City of St. Cloud is authorized by its Charter (Chapter 7237 Special Acts of 1915) to pave its streets and to pay the cost (a) by the issue and sale of bonds; (b) by general taxation, or (c) by assessing two-thirds of the cbst against the abutting property.</p> <p>2. Having provided sufficient funds by the issue and sale of bonds to pay for all the paving designated, the city of St. Cloud had no power after such paving had been completed and paid for, to assess the property abutting the streets p¡aved for two-thirds of the cost of the paving.</p> <p>3. Special assessments can only be levied to pay for an improvement, local in character, as distinguished from general, and the proceeds of such assessments eanriot be used to augment the general revenue fund, nor to finance a separate and distinct improvement project, nor to create a sinking fund for the payments of bonds issued for various municipal purposes.</p> <p>4. Power to make special assessments is given municipalities as a means 'of paying for a particular improvement or benefit to tbe property assessed, and when tlie necessary funds are raised otherwise and the improvements made and paid for, there remains no need for a special assessment and no power to ni|ake one.</p>