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QUESTION:

Does s. 235.34, F.S., authorizing a school board to expend funds for special improvements agreed to by the board, take precedence over a municipal charter provision requiring the school board to pay for assessments for special benefits levied by the city?

SUMMARY:

A city charter provision (now an ordinance pursuant to s.166.021(5), F.S.) empowering a city to make assessments for special improvements against property of a school district located within the city and imposing a duty on the school board to pay such assessments out of any funds available to it for that purpose takes…