Edwards v. City of Ocala

Citations

• 58 Fla. 217

Syllabus

<p>1. The statutes of this State do not authorize a city to improve at the expense of the county the streets abutting on county property used for governmental purposes unless there is a valid contract on the part of the county to pay for the improvement.</p> <p>2. The constitutional provision requiring “a uniform and equal rate of taxation” does not relate to special assessments by municipalities for street improvements.</p> <p>3. Under the system of county and municipal government existing in this State statutory authority given to a city to impose and enforce special assessments for local street improvements will be held not to extend to a county court house square located in the city and used for governmental purposes, unless an intent to include such property clearly appears from the statute.</p> <p>4. The authority given by statute to the city of Ocala “to regulate, require and provide for the construction and repair of streets and for the grading and paving of the same, and * * * may order and have such work done, and the amount expended or to be paid therefor, shall be a lien on the lot or lots fronting or abutting on such street as may be increased in value by such improvement” * * * “provided that the owners of property on each side of the street * * * shall only be liable for one-third of the actual cost” * * * and the same may be enforced by suit at law or in equity, or the said amount may be recovered against the said owner or owners by suit before any court of competent jurisdiction,” does not contemplate that the city shall acquire a lien on county property used for governmental purposes for the improvement of streets abutting on such .property; nor does it contemplate that an action may be brought against the county or the county commissioners for the cost of such improvements, in the absence of some contract obligation on the part of the county upon which a recovery may be had.</p> <p>5. Under the statutory authority given to the county commissioners