STATE ET AL.
v.
CITY OF NORTH MIAMI BEACH

Fla. | 1953-02-18
HOBSON, C. J., and TERRELL, THOMAS, SEBRING and MATHEWS, JJ., concur., ROBERTS, J., not participating.
63 So. 2d 281 Florida Supreme Court (1953)

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Synopsis

The Florida Supreme Court upheld the City of North Miami Beach's issuance of $2,680,000 in Waterworks Revenue Bonds, rejecting the State's challenge that the bonds required voter approval under the Florida Constitution.


Holding

The Court held that the City had ample authority to issue the bonds and that all procedural and jurisdictional requirements were complied with. The Court rejected the requirement for a freeholder vote, holding that this issue had been long decided contrary to the appellants' contention.


Key Quotes

“We find ample authority in the City to issue the bonds in question. We hold that all procedural and jurisdictional requirements have been complied with in the issuance and validation of said bonds.”

The Court's central holding upholding the validity of the bond issuance and confirming compliance with all requirements.

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Facts & Procedural History

The City of North Miami Beach issued $2,680,000 in Waterworks Revenue Bonds. The Circuit Court of Dade County validated the bonds through a final decr…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
DREW, Justice.

DREW, Justice.

This is an appeal from a final decree of the Circuit Court of Dade County, Florida, validating $2,680,000.00 Waterworks Revenue Bonds of the City of North Miami Beach, Florida.

We find ample authority in the City to issue the bonds in question. We hold that all procedural and jurisdictional requirements have been complied with in the issuance and validation of said bonds.

The contention of appellants that the bonds may be issued only after a favorable vote by the freeholders, as provided by Section 6 of Article IX of the Florida Constitution, F.S.A., has long been decided contrary to their contention. State v. City of Miami, 113 Fla. 280, 152 So. 6, and numerous other cases.

The only other question raised which requires any comment has been heretofore decided adversely to appellants’ contention in Town of Riviera Beach v. State, Fla., 53 So. 2d 828.

Affirmed.

HOBSON, C. J., and TERRELL, THOMAS, SEBRING and MATHEWS, JJ., concur. ROBERTS, J., not participating.


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