STATE
v.
TOWN OF BELLE GLADE IN PALM BEACH COUNTY
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The Florida Supreme Court affirmed the Circuit Court's validation of $76,000 in waterworks bonds issued by the Town of Belle Glade following a freeholders' election in 1933. The court found that the Town had adequate legislative authority under special acts of 1931 and 1935 to issue the bonds and that the authorization complied with the Florida Constitution.
The court held that the Town of Belle Glade possessed ample legislative authority under Chapter 15082 of the Special Acts of 1931 and Chapter 17495 of the Special Acts of 1935 (Senate Bill No. 437) to issue the bonds, that the bonds were duly authorized by affirmative vote of freeholder electors in accordance with the Florida Constitution, and that the validation decree was proper.
“The Town of Belle Glade exists under and by virtue of Chapter 15082, Special Acts of 1931, which Act construed in connection with Chapter, 17495, Special Acts of 1935 (Senate Bill No. 437, 1935 Session) we find to be ample authority from the Legislature to support the legal issuance of the bonds in question.”
Establishes that the Town had sufficient statutory authority to issue the bonds under the special legislative acts.
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Join FLexlaw to unlock all legal intelligenceThe Town of Belle Glade, incorporated under Chapter 15082 of the Special Acts of 1931, proposed $76,000 in waterworks bonds payable serially over twen…
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This is an appeal from a final decree of the Circuit Court of Palm Beach County validating the proposal and issuance of $76,000.00. waterworks bonds of the Town of Belle Glade, Florida, as authorized by a special freeholders’ election held and carried in favor thereof on November 15, 1933. The bonds are designated as “Waterworks Bonds of the Town of Belle Glade, Florida,” are payable serially over a period oh Twenty years and are in denominations of $500.00 each. The validation proceedings are here for review on appeal in accordance with the Florida bond validation statute. Sections 5106-5111 C. G. L., 3296-3301 R. G. S.
The Town of Belle Glade exists under and by virtue of Chapter 15082, Special Acts of 1931, which Act construed in connection with Chapter, 17495, Special Acts of 1935 (Senate Bill No. 437, 1935 Session) we find to be ample authority from the Legislature to support the legal issuance of the bonds in question. The 1935 Special Act (Senate Bill No. 437.) is not violative of amended Section 24 of Article III of the Constitution of Florida for the reasons pointed out in our recent opinion in State, ex rel. Matthews, v. Alsop, 120 Fla. 628, 163 Sou. Rep. 80, decided at the present term.
We find that the bonds here brought in question were duly authorized by the affirmative vote of the freeholder electors of the Town of Belle Glade in accordance with amended Section 6 of Article IX of the Constitution and that such fact appears of record in the validation decree herein appealed from. Other propositions have been argued, but we find unsupported each objection not herein *202specifically discussed, so the decree of validation must be and is hereby affirmed.
It is therefore considered, adjudged, and decreed by this Court that the validation decree in manner and form as entered and appealed from be, and the same is hereby, affirmed, and that mandate in conformity with this judgment do issue within ten days as provided for by Section 5108, Comp. Gen. Laws, supra, Chapter 11854, Acts of 1927, if no petition for rehearing has been filed within that period.
Whitfield, C. J., and Brown and Buford, J. J., concur.
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State v. Bloodworth, 134 Fla. 369 (Fla. 1938)…the Legislature has proceeded under that provision the power continues to enact special legislation affecting municipal corporations. See State, ex rel. Matthews, v. Alsop, 120 Fla. 628, 163 So. 80; State v. Town of Belle Glade in Palm Beach County, 121 Fla. 200, 163 So. 564; State, ex rel. Landis, Attorney General, v. Jones, 121 Fla. 216, 163 So. 590; State, ex rel. Brown, v. Emerson, 126 Fla. 576, 171 So. 663.” In the absence of a provision of the charter of the City of Miami controlling the removal of i…
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The City of Miami v. State, 139 Fla. 598 (Fla. 1939)…not become effective until the Legislature divides the municipalities of the State into classes required by the amendment. See State v. Alsop, 120 Fla. [*622] 628, 163 So. 80; State v. Jones, 121 Fla. 216, 163 So. 590; State v. Town of Belle Glade, 121 Fla. 200, 163 So. 564; State v. Emerson, 126 Fla. 576, 171 So. 663; State v. Ault, 129 Fla. 686, 176 So. 789. There can be no implied powers in Chapter 15772, the General Refunding Act of 1931, that are inconsistent with Chapter 15686, the Miami Special Ref…
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State v. Ault, 129 Fla. 686 (Fla. 1937)…l the Legislature has proceeded under that provision the power continues to enact special legislation affecting municipal corporations. See State, ex rel. Mathews, v. Alsop, 120 Fla. 628, 163 So. 80; State v. Town of Bell Glade in Palm Beach County, 121 Fla. 200, 163 So. 564; State, ex rel. Landis, Attorney General, v. Jones, 121 Fla. 216, 163 So. 590; State ex rel. Brown, v. Emerson, 126 Fla. 576, 171 So. 663. The present writer is not at all certain that the enunciation found in State, ex rel. Johnson, v…
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- State v. Alsop, 120 Fla. 628 (Fla. 1935)