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as circumstances may require, demand additional security
Trustees of county bonds have no authority with reference to the letting of contracts for improving roads. Suburban Inv. Co. v Hyde, 61 Fla. 809, 55 So. 76,
1545. (800.) Collector to pay taxes to trustees.-All money collected to pay the interest, or for a sinking fund oi said bonded debt, shall be paid over by the tax collector or other person receiving the same on account of taxes collected or property sold therefor to the said trustees, and the said trustees are required to pay out of the moneys so received the interest of said county bonds, and to invest the residue in the bonds aforesaid, or if the said bonds cannot be had at par or at such premium as to said trustees may seem reasonable and just, then such residue may be invested in United States, State, county or municipal bonds bearing interest; or in the event such bonds cannot be acquired to advantage, such funds shall be deposited in the savings department of National banks or State banks of the State of Florida, or savings banks organized and existing under the laws of this State, at the prevailing rate of interest, to be held as an accumulating fund for the ultimate redemption of said county bonds.
1546. (801.) Annual report of trustees.--The said trustees shall annually on such day as may be required by the board of county commissioners render a report to the said board, in which they shall state the amounts of money received and for what purposes and from what sources, severally, and when received, and where and how the same has been invested, and enumerating the kind and amount of securities held therefor, describing the same separately, and such other matters as may be required by the board in order to a full understanding; which said report shall be published at length by order of the board.
Ib., Sec. 16.
1547. (802.) Resignation and removal of trustees.--The said trustees, or either of them, may resign at any time by a communication in writing to the board of county commissioners, and any number of said trustees may be removed for cause by the judge of the circuit court of the circuit in which the county is situated, upon petition signed by any bondholder or tax payer, setting forth the cause of complaint; but no trustee shall be removed without notice, and
an opportunity to be publicly heard, unless it appears that the accused trustee has absented himself so that notice could not be served,
1548. (803.) Filling of vacancies in board of trustees. Ib., Sec. 17. --In all cases where vacancies shall occur, they shall be filled by nomination of the trustees, and the confirmation by the board of county commissioners; and in case the said trustees do not within fifteen days after written notice of the existence of such vacancy, appoint a suitable person to fill such vacancy, the board of county commissioners shall nominate a suitable person to fill such vacancy, whose nomination shall be confirmed by an order of the circuit court, and the person so appointed as trustee shall give security as hereinbefore provided.
1549. (804.) Compensation of trustees. The said trus- 16., Sec. 18, tees shall have such compensation for their services as follows: for receiving the first ten thousand dollars, one and one-half per cent; for all over ten thousand dollars, one-half of one per cent; for disbursements, the same as allowed for receiving, to be paid out of the county treasury.
1550. (805.) Certain bonds declared valid. Whenever Skis 1902', any bonds of any county have been issued since May 11, 1899, for the purpose of constructing any paved, macadamized or other hard-surfaced highway, or for erecting a court house or jail, or for either or any such purposes, and the same shall have been intended to be issued pursuant to the provisions of article 2, chapter 2, title 9, part 1, of the Revised Statutes of 1892 of this State, as amended by legislation subsequent to the enactment of such Revised Statutes, such bonds shall not be held invalid on account of any irregularity in the proceedings taken for the issue of the same; but whenever any such bonds have been disposed of by the county authorities for value as required by such provisions of law, then any and all bonds so disposed of shall be of full force and effect the same as though no such irregularity had occurred: Provided, however, That nothing herein shall be held to impair the right of any innocent holder for value of any such bond or bonds, or of any one claiming by or through or under any such innocent holder for value; and Provided, further, That this section shall not apply to
any bonds issued by any county officers other than those
This section is not invalid on the objection that the journal did not show that it was read three times in the House of Representatives. Potter v Lainhart, 14 Fla. 647, 33 So. 251.
This section is not in conflict with article 9, section 5, of the Constitution. Ib.
This section applies to bonds issued by the officers mentioned in section 1531 R. G. S. as being officers authorized by law to issue county bonds. Ib.
This section has the effect to validate bonds coming within its provisions if issued for roads and court house, when the resolution submitting the matter to a vote of the people provided for bonds for roads, court house and jail, and also bonds issued and disposed of before the county commissioners provided by resolution a sinking fund for their redemption. Ib.
The Legislature has power by curative act to authorize the issuance of county bonds notwithstanding a failure by the county to comply with some provision of the statute, if the provision violated is one which could have been dispensed with in the enactment of the original statute. Givens v County of Hillsborough, 46 Fla. 502, 35 So. 88.
The adjudication by a court that a proposed issue of county bonds is, because of some irregularity in procedure, void, does not defeat the right of the Legislature to authorize their issuance. Ib.
1551. (806.) County bonds for building public highways; defects cured. Whenever any county bonds for the purpose of constructing macadamized and other hard-surfaced highways in such county, and to fund the outstanding indebtedness of any such county, or for either or both of said purposes, shall have heretofore been favorably voted upon at a county election held for such purpose, and afterwards advertised for sale, such bonds be and they are hereby declared legal and valid, and they shall not be held invalid on account of any irregularity in the proceedings taken prior to the advertisement of said bonds for sale, and all defects and other irregularities in such proceedings are hereby cured and the sale of such bonds is hereby authorized and permitted according to the provisions of the Revised Statutes of the State of Florida of 1892, article 2, chapter 2. title 9, part 1; and whenever any such bonds have been disposed of by the county authorities for value in accordance with said provisions of the Revised Statutes as subsequently amended, or have been offered for sale, but have not been fully sold by delivery to the purchaser, then any and all such bonds so offered for sale or disposed of shall be of full force and effect and have the same validity as if no irregularity had occurred in the proceedings in regard to the issuance and sale of said bonds: Provided, always, That this article shall not apply to any bonds issued by any county officer other than those authorized by said provisions of the Revised Statutes as so amended.
Act held not unconstitutional. Givens y County of Hillsborougli, 46 Fla. 302, 35 So. 88.
1552. (807.) Legalizing tax for highways, etc.—Any tax heretofore assessed or collected for the purpose of paying Sec. any interest on any bonds of any county in this State, or for a sinking fund, and to pay said bonds, issued for the purpose of constructing macadamized or other hard-surfaced highways in such county, and to fund the outstanding indebtedness of any such county, or for either or both such purposes, shall be and the same is hereby validated and legalized to all intents and purposes, and such tax so assessed shall be collected; such tax as has been collected by the tax collector of any county in this State, shall be accounted for by him as is now provided by law.
1553. Building bridges over navigable streams; deter- Chts 65.36; mination of amount of bonds required. Whenever a major- Sec. 3. ity of the members of any board of county commissioners, in either of the counties of the State, shall vote to acquire any property, or right, or to double deck, or parallel, or build any bridge.--authorized in Sections 1610 and 1611; or when a petition signed by 10 per cent of the duly-qualified electors of any county is presented to the board of county commissioners of such county and praying any bridge be acquired. or double decked or built, authorized by Sections 1610 and 1611, then such board of county commissioners shall immediately employ thoroughly competent and reliable experts who shall perform such service and give such information as required and shall be paid for such service out of the general revenue fund of such county; and such board of county commissioners shall then promptly determine the amount of county bonds required for such purposes, the rate of interest to be paid thereon, and the time when the principal and interest of such bonds shall become due and where payable.
1554. Calling and conduct of election for bonds to build 1b. Sec. 4. bridges over navigable streams.—The board of county commissioners of such county shall then prepare and cause to be published, for four consecutive weeks in one newspaper published in such county, notice of the date of an election to be held therein, the amount, denominations, rate of interest, time and place of payment of interest and principal, and for what purposes to be issued, and shall cause such election to be held on date, provided in the notice published, and the form of ballots shall be provided, and the election otherwise held, conducted, canvassed, determined and declared, -as provided in Sections 1534, 1535, and 1536.
Ib., Sec. 5.
1555. Result of election; issuance and sale of bonds.-11 the election shall result, "For Bonds," then the board of county commissioners of such county shall forthwith proceed and provide for the payment of the interest and principal of such bonds, and as provided in Section 1534 of the Revised General Statutes of Florida, and for the issuance, sale, disposition, thereof, and trustees therefor and expenditure of proceeds realized therefrom and as provided by Sections 1536 to 1549, both inclusive.
THE ERECTION OF CERTAIN COUNTY BUILDINGS.
1556. (808.) Notice and tax.- Whenever any board of county commissioners shall deem it necessary to erect any courthouse or jail, they shall give notice for thirty days in some newspaper published in said county, or in some newspaper published in the judicial circuit, if there be none published in the county; that at the next regular meeting of the board after the publication of the said notice, the question of erecting a courthouse or jail or both, will be acted upon by said board. If, at said meeting, a majority of said board shall determine that it is necessary to erect such building or buildings, they may levy a building tax not exceeding five mills per annum, for five consecutive years in lieu of all other county building tax. The tax so levied shall be assessed and collected at the same time and in the same manner as other State and county taxes are levied and collected.
County commissioners will not be controlled in their discretion as to the character of a court house or jail which it is made their duty to erect. State v Baker County Commissioners, 22 Fla. 29; Gamble y State, 61 Fla, 233, 54 So. 370.
Under this section the question of the necessity of the erection of a court house is left to the discretion of the county commissioners. Osban v Cooper, 63 Fla. 542, 58 So. 50.
The notice provided for in this section is required to give the people of the county an opportunity to appear and discuss with the board the necessity for the erection of a court house. If a majority of the board then determine that it is expedient to erect such building, they have the power to levy the prescribed tax for that purpose. Ib.
In the absence of fraud or abuse of discretion action duly taken by the board of county commissioners is not subject to review of the courts. Ib.
The amendment of this section in 1907 does not by implication repeal certain other sections of the statutes which relate to the issue of county bonds for the erection of court houses. State v County of Gadsden, 63 Fla. 620, 58 So. 232.
Publication of notice required by this section where first made on June 7th, and the regular meeting of the board convened on July 1st, the required notice was not given, even though the meetings were adjourned from