The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1933-06-16

Continued From Yesterday
If, however, the Board Of Pub
lie Works deems it expedient and
for the best interest of the City
of Key West that said work or inn
provements be done by the city
instead of by a contractor and
shall adopt resolution to that eff
feet, then and in that event the
said city is hereby authorized and
empowered by and through its
Board of Public Works to per-
form the said work and make the
said improvements including the
purchasing of materials and all
necessary equipment. The entire
cost of said improvements shall be
certified to the City just as though
the work had been performed by
contractor and thereupon the
City Council shall make the as
sessments against the abutting
properties as is now provided by
law had the work been performed
by a contractor.
Section Al. As soon as practi-
cable after the assessment against
any abutting land owners on ac-
count Of any paving, grading or
repairing: of any street or public
highway, or the laying of any
sewer, the City Council shall cause
to be entered in a book kept for
that purpose to be kwonw as the
Street Improvement Lien Book, "
short description of the lot upon
which the lien is claimed, the
amount or amounts due, and such
other information as the board
shall deem advisable.
Upon the payment of any as
sessment against any of said lots
so entered in said "Street I'M
provement Lien Book" it shall be
the duty of the City Clerk to issue
a receipt of the same and cancel
in red ink across the face of the
said entry in said book, the date
Of payment and amount so paid,
at the same time sign his name
to said cancellation. Partial
payments shall be entered in like
manner.
Section az. Upon any suit
brought to enforce such lien or
collection Of the amount due upon
any such assessment a copy of the
entry of such lien in the Street
Improvement Lien Book duly GER
titled by the Clerk, under the cor
porate seal of the city, shall be
and constitute q prima facie evil
dence of the amount and existence
of the lien upon the property de-
scribed; and in all cases mention
ed in this act where the City of
Key West has acquired or may
hereafter acquire liens for inn
provements, such liens, or any of
them, may be enforced in the fol-
lowing manner by said city: First,
by a bill in equity; Second, by a
suit at law.
The bill in equity or the declar-
alton at law shall set forth brief
ly and succinctly the assessment
made and entered aforesaid on
account of said improvements; the
amount thereof and the descrip-
ton of the property upon which
such lien has been acquired and
shall contain a prayer that the
owner 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 OBJ
tanned in said suit shall not be en-
forced against or be a lien upon
any other property than that
against which the assessment was
made, and in the decree or judy
ment as the case may be, for the
enforcement and collection of the
amount for which said lien is Civ
en-, decree or judgment shall also
be rendered for reasonable at
tOrney's fee, not to exceed five
dollars. for the institution of the
suit and the sum of ten percent
on the amount of the recovery,
together with the costs of the
proceeding, which attorneys fee
and costs shall also become lien
upon the said land and shall be
collected at the time and in the
manner provided for the eollec-
ton of the amount for which the
lien was originally given. but in
no event shall the city be liable
for the payment of the attorneys
fee herein provided for.
Section IS. In the proceedings
provided for in the preceding Sec
ton. the owner or owners Of the
land. IL they can be ascertained.
shall be parties defendant. II
the owner or owners cannot be
aseertained after diligent inquiry.
tho proceedings shall be against
the property on which the lien Is
claimed without mentioning any
party as defendant In such
case. services shall be- had by q
notice Of the institution IL said