ELIZABETH PENTECOST, A SINGLE WOMAN,
v.
CITY OF FORT MYERS, ET AL.
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This case involves an appeal from a decree that dismissed a complaint seeking to prevent the City of Fort Myers from issuing revenue certificates for waterworks improvements. The court affirmed the dismissal, holding that freeholder elector approval was not required for certificates paid solely from system revenues.
No, the issuance of revenue certificates payable solely from the revenues of the waterworks system does not require the approval of the freeholder electors.
“This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Fort Myers of $129,000.00 of "Waterworks Revenue Certificates" for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city as is required by Section 6, Article IX, of the Constitution of Florida, as amended in 1930.”
This quote describes the core of the case and the relief sought by the appellant.
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Join FLexlaw to unlock all legal intelligenceElizabeth Pentecost, a single woman, filed a bill of complaint to enjoin the City of Fort Myers from issuing $129,000.00 in "Waterworks Revenue Certif…
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— This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Fort Myers of $129,000.00 of “Waterworks Revenue Cer*153tificates” for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city as is required by Section 6, Article IX, of the Constitution of Florida, as amended in 1930. The revenue certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.
The decree should be affirmed on the authority of State, ex rel., v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Boykin v. Town of River Junction, filed July 17, 1936; Williams v. Town of Dunnellon, and Bradley v. City of Homestead, decided at this term.
Affirmed.
Whitfield, C. J., and Brown, Buford and Davis, J. J., concur.
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.
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
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Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)…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 Fla. 155, 169 Sou. Rep. 646; Blocker v. City of St. Petersburg, 125 Fla. 156, 169 Sou. Rep. 647; City of Clearwater v. Gr…
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…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 St. Augustine, 125 Fla. 173, 169 So. 648; State v. City of Ft. Pierce, 126 Fla. 184, 170 So. 742; Brooks v. City of Jacks…
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State v. City of DeLand, 135 Fla. 540 (Fla. 1938)…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 St. Augustine, 125 Fla. 173, 169 So. 648; State v. City of Ft. Pierce, 126 Fla. 184, 170 So. 742; Brooks v. City of Jacks…1 / 2
Authorities Cited
- State & Joseph S. Diver v. City of Miami, 113 Fla. 280 (Fla. 1933)
- State v. City of Daytona Beach, 118 Fla. 29 (Fla. 1934)
- Stewart v. City of DeLand, 117 Fla. 705 (Fla. 1934)