City of Gainesville v. Mccreary
| Decision Date | 16 December 1913 |
| Citation | 66 Fla. 507,63 So. 914 |
| Parties | CITY OF GAINESVILLE v. McCREARY. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Alachua County; J. T. Wills, Judge.
Suit by Mrs. Irene McCreary against the City of Gainesville, a municipal corporation. From decree for complainant, defendant appeals. Affirmed.
Syllabus by the Court
Authority given municipalities to impose taxes and special assessments for municipal improvements should be strictly construed especially when it adversely affects the rights of property holders to be fully advised of the burdens to be put upon them; and any material departure from the express authority is fatal to the special assessment.
The provision in section 4, chapter 5806, Laws of 1907, that in providing payment for local street improvements the city council of Gainesville shall 'by resolution fix the special assessment per front foot upon the abutting property * * * at an amount not exceeding either the acctual cost of the work or the estimated special assessment stated in the ordinance providing for the work' means that the assessment shall not exceed the actual cost of the work, and shall not exceed the estimated assessment previously stated in the ordinance providing for the work to be done.
COUNSEL Robt. E. Davis, of Gainesville, for appellant.
W. S Broome, of Gainesville, for appellee.
This appeal is from a decree enjoining the city of Gainesville from collecting a sum greater than $2.48 per front foot, the estimated special assessment stated in an ordinance providing for street improvements, the amount demanded being $2.893 per front foot, fixed by resolution as the actual assessment.
The matter to be determined is the construction and meaning of the following provision of the charter act of the city of Gainesville, section 4, chapter 5806, Laws of 1907 'The city council shall, as soon as practicable after the completion of any such work, by resolution fix the special assessment per front foot upon the abutting property * * * 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.'
The ordinance providing for the work stated that 'the estimated amount per front foot of the special assessment to be levied upon the abutting property fronting on said streets, where the same shall be paved, is two and 48/100 dollars ($2.48).'
By resolution 'the sum of $2.893 is fixed as the special assessment per front foot.'
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Voogd v. Joint Drainage Dist. No. 3-11, Kossuth and Winnebago Counties
...to the extent they are in excess of estimated cost. Such statutes are enforced in accordance with their terms. Gainesville v. McCreary, 66 Fla. 507, 63 So. 914; Gilmore v. Hentig, 33 Kan. 156, 5 P. 781; Pope v. Rich, 316 Mo. 1206, 293 S.W. 373; Daehler v. Portsmouth, 45 Ohio App. 15, 185 N.......
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Anderson v. City of Ocala
...this being true, the reassessments made by resolution, and not by ordinance, were not in compliance with the law. In City of Gainesville v. McCreary, 66 Fla. 507, 63 South, 914, it was held 'Authority given municipalities to impose taxes and special assessments for municipal improvements sh......
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Branting v. Salt Lake City
... ... 694; Hawthorne v. City of ... Portland , 13 Ore. 271, 10 P. 342; Gilmore v ... Hentig , 33 Kan. 156, 5 P. 781; and ... Gainesville v. McCreary , 66 Fla. 507, 63 ... So. 914. While the foregoing cases are not all that are cited ... by counsel, yet those referred to ... ...
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Ratner v. City of Miami Beach, s. 73--993
...the provisions of the United States Housing Act of 1937, as amended, and subject to the provisions of Ch. 422, Fla.Stat., F.S.A. City of Gainesville v. McCreary, 66 Fla. 507, 63 So. 914; Whitner v. Woodruff, 68 Fla. 465, 67 So 110; Carr v. City of Kissimmee, 80 Fla. 759, 86 So. 699; Pirman ......