STATE
v.
CITY OF ST. AUGUSTINE, ET AL.
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The Florida Supreme Court affirmed a lower court decree validating $113,000 in Water Revenue Certificates issued by the City of St. Augustine for waterworks improvements without a vote of freeholder electors, holding that revenue bonds secured solely by waterworks revenues do not violate the Florida Constitution's bond authorization requirements.
Water Revenue Certificates secured solely by waterworks system revenues do not violate the Florida Constitution's bond authorization requirements and may be issued without an approving vote of freeholder electors when authorized by law and used for lawful municipal purposes.
“The Water Revenue Certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.”
Establishes the key distinction that revenue bonds are secured only by specific project revenues, not general municipal credit.
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Join FLexlaw to unlock all legal intelligenceThe City of St. Augustine sought to issue $113,000 in Water Revenue Certificates to fund necessary preservation, improvement, and additions to its exi…
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-This appeal is from a decree validating $113,000.00 of Water Revenue Certificates to be issued by the City of St. Augustine, Florida, without an approving vote of the freeholder electors of the City as required by Section 6, Article IX, of the Constitution of Florida, as amended in 1930, when bonds of the City are issued.
The proceeds to be derived from a sale of the Water Revenue Certificates are to be used for the necessary preservation and improvement and for necessary additions to the existing Waterworks System of the City.
The Water Revenue Certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.
The decree validating the issue of $113,000.00 Water Revenue Certificates to be issued by the City of St. Augustine for necessary improvements and additions to the existing waterworks system of the city without an approving vote of the freeholder electors of the City, is supported by the pleadings and evidence adduced in the court below, and the issue of such certificates not being in violation of Section 6, Article IX, of the Constitution, and being otherwise authorized by law, such decree should be affirmed on the authority of State, et al., v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 200; Wilson v. City of Bartow, 124 Fla. 356, 168 So. 545; Boykin v. Town of River Junction; Kathleen Citrus *175Land Company v. City of Lakeland; State, ex rel. City of Vero Beach, v. MacConnell, No. One; Williams v. Town of Dunnellon; Bradley v. City of Homestead; decided at this term, and other like cases recently decided.
Affirmed.
Whitfield, C. J., and Terrell, 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, filed August 3, 1936.
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, filed August 3, 1936.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spearman Brewing Co. v. The City of Pensacola, 136 Fla. 869 (Fla. 1939)…y derived from other sources.” See State v. City of Daytona Beach, 118 Fla. 29, 158 South. Rep. 300, text 304. This was likewise the decision in Voorhees v. City of Moore Haven, 125 Fla. 149, 169 South. Rep. 641, and State v. City of St. Augustine, 125 Fla. 173, 169 South. Rep. 648. In Roach v. City of Tampa, 125 Fla. 62, 169 South. Rep. 627, the same principle was applied, although in that case the property involved was a hospital. As in the others, there was no attempt to hypothecate any of the assets o…
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Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)…la. 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. Green, 125 Fla. 157, 169 Sou. Rep. 647; State v. City of St. Augustine, 125 Fla. 173, 169 Sou. Rep. 648; State v. City of Fort Pierce, 126 Fla. 184, 170 Sou. Rep. 742; State v. City of Plant City, 127 Fla. 495, 173 Sou. Rep. 363. The remaining- questions raised and argued upon behalf of appellant as grounds for reversal have been d…
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…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 Jacksonville, 127 Fla. 564, 173 [*242] So. 365, State v. City of Hollywood, 131 Fla. 584, 179 So. 721. The fact that the water revenue certificates here involved are a secon…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Wilson v. City of Bartow, 124 Fla. 356 (Fla. 1936)