STEPHEN L. TAYLOR
v.
THE CITY OF MIAMI

Fla. | 1936-08-03
Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.
125 Fla. 144 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 644
Cited by 9 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

This case involves an appeal from a decree that dismissed a bill of complaint seeking to prevent the City of Miami from issuing Water Revenue Certificates. The certificates were to be paid solely from the revenue of the waterworks system, not from general city funds or taxes.

Holding

No, the issuance of Water Revenue Certificates, payable solely from the revenues of a city's waterworks system, does not require an approving vote of the freeholder electors.

Key Quotes

“This is an appeal from a decree dismissing a bill of complaint seeking to enjoin the issue of $330,000.00 of Water Revenue Certificates, Series "B," by the City of Miami, Florida, without an approving vote of the freeholder electors of the City, as required by Section 6, Article IX, Constitution, as amended in 1930, the purpose of the issue being for improvements and additions to the existing waterworks system of the City of Miami.”

Describes the nature of the appeal and the relief sought by the plaintiff.

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Facts & Procedural History

The City of Miami proposed to issue $330,000.00 of Water Revenue Certificates, Series "B," for improvements and additions to its waterworks system. Th…

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Topics
Injunction

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Opinion of the Court
Per Curiam.

Per Curiam.

— This is an appeal from a decree dismissing a bill of complaint seeking to enjoin the issue of $330,000.00 of Water Revenue Certificates, Series “B,” by the City of Miami, Florida, without an approving vote of *145the freeholder electors of the City, as required by Section 6, Article IX, Constitution, as amended in 1930, the purpose of the issue being for improvements and additions to the existing waterworks system of the City of Miami.

The Water Revenue Certificates, Series “B,” are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.

The decree dismissing the bill of complaint should be affirmed upon the authority of State, ex rel., v. City of Miami, 113 Fla. 280, 152 So. 6, and other similar cases. See also State, ex rel. Vero Beach, v. MacConnell, No. 1, Boykin v. Town of River Junction, Williams v. Town of Dunnellon, and Bradley v. City of Homestead, decided at this term.

Affirmed.

Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.

Ellis, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.

Concurrence
Ellis, P. J.,

Ellis, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)
    …ex rel. City of Vero Beach v. MacConnell, 125 Fla. 251, 169 Sou. Rep. 657; Roach v. City of Tampa, 125 Fla. 62, 169 Sou. Rep. 627; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 Spu. Rep. 643; Taylor v. City of Miami, 125 Fla. 144, 169 Sou. Rep. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 Sou. Rep. 644; Pente [*582] cost v. City of Fort Myers, 125 Fla. 152, 169. Sou. Rep. 645; State, ex rel. City of Arcadia, v. Daniel, 125 Fla. 151, 169 Sou. Rep. 645; Airth v. City of Live Oak, 125…
    1 / 2
  • State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)
    …9 So. 640; Voorhees v. City of Moore Haven, 125 Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of S…
    1 / 2
  • State v. City of DeLand, 135 Fla. 540 (Fla. 1938)
    …169 So. 640; Vorhees v. City of Moore Haven, 125 Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of S…
    1 / 2

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