J. H. PETERSON, APPELLANT,
v.
THE TOWN OF DAVENPORT, A MUNICIPAL CORPORATION, APPELLEE

Fla. | 1925-06-25
West, C. J., and Terrell and Strum, J. J., concur.
90 Fla. 71 Florida Supreme Court (1925) Positive Treatment
Cited by 14 cases

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Synopsis

The court affirmed a decree validating municipal bonds for a golf course and street lights. Despite a challenge to the golf course as a municipal purpose, a subsequent legislative act validated the bond issue, curing any defects.


Holding

Yes, the court held that the legislative act validating the bond issues cured any defects. The court affirmed the lower court's decree, finding that the golf course could be considered a municipal purpose, especially after legislative validation.


Key Quotes

“Where proposed municipal bond issues for street lights, which is obviously a municipal purpose, and for a golf course, which is a possible municipal purpose, (City of Bradentown v. State, — Fla. — , 102 South. Rep. 556), are validated by judicial decree, and pending an appeal from such decree, a statute is duly enacted specifically validating the proceedings taken for such bond issues and making the bonds so issued binding obligations upon the municipality, thereby determining that the bond issue for a golf course is an appropriate municipal purpose, and validating, bonds for that purpose, and it not appearing that any organic limitation is thereby violated, the judicial decree validating the bond issues will be affirmed, there being no material error in the decree that is not cured by the validating statute.”

This quote explains the court's reasoning for affirming the decree, emphasizing the effect of the legislative validation.

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Facts & Procedural History

The Town of Davenport sought to issue bonds for a public park with a golf course and for street lights. A lower court validated these bond issues. An …

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Opinion of the Court
Whitfield, J.

Whitfield, J.

The appeal was taken from a decree validating bonds to be issued by the Town of Davenport, in the amount of $35,000.00 for the purpose of acquiring and improving land as a public park by laying out and establishing a golf course thereon and for other park purposes; and validating bonds to be issued by the Town of Davenpor,t, in the amount of $10,000.00 for the purpose of improving stated streets in said town by installing thereon an additional system of electric lights to be known as a White Way.

It appears that by an Act of the Legislature enacted at the session of 1925, entitled “An Act to Validate, Legalize and Confirm all Acts and Proceedings of the Town of Davenport, Florida, and its Officers and Agents Relating to the Issuance of Municipal Bonds of said Town in the Sum of $35,000.00 for the Purpose of Acquiring Certain Lands and to ProAdde for the Improvement of Same as a Public Park by Laying Out and Establishing a Golf Course Thereon and for other Park Purposes, and in the sum of $10,-000.00 for the Purpose of Improving Certain Streets, Avenues, Boulevards and Highway in said Town by Providing Extra Illumination Therein and Providing for the Sale and Delivery of said Bonds and the Levy and Collection of an Annual Tax Sufficient to Pay the Principal and Interest of the said Bonds,” the proceedings previously had for said issues of bonds in the said amounts of $35,000.00 and $10,-000.00 by the Town of Davenport for the purposes severally-stated were “legalized, ratified, validated and confirmed; notwithstanding any want of statutory power or authority, or any defects, irregularities or omissions in said election, ordinances, resolutions, or other acts or proceedings; and the said Town of Davenport is hereby authorized and empowered to issue, and sell said bonds, and when so issued, sold and delivered, said bonds, and each and every one of them, shall become Adalid and legal bonding obligations of said Town of DaA-enport. ”

There appears to be no contest as to the validity of the $10,000.00 bond issue for street lighting, that being manifestly a municipal purpose; but it is contended that the municipality was not authorized to issue bonds to establish a golf course, the authority of the town being to issue bonds “for such municipal purposes as may be provided by ordinance,” provided the ordinance shall be “approved by a majority of the votes of the qualified electors, who are freeholders, cast at a special election held for that purpose.” As to the authority of municipalities to determine their own powers Avithout legislative grants, see Pursley v. City of Ft. Myers, —, Fla. —, 100 South. Rep. 366. A municipality may issue bonds to be paid by taxation, only for municipal purposes and only as authorized by charter or other statutory enactments. Whether the object for which bonds are to be issued is a municipal purpose may not be arbitrarily determined by legislation without regard to organic limitations; but a statutory determination of what is an appropriate municipal purpose will not be disturbed by the courts where the purpose designated by statute is in fact municipal in its nature and no provision or principle of organic law is violated in such designation.

Where proposed municipal bond issues for street lights, which is obviously a municipal purpose, and for a golf course, which is a possible municipal purpose, (City of Bradentown v. State, — Fla. — , 102 South. Rep. 556), are validated by judicial decree, and pending an appeal from such decree, a statute is duly enacted specifically validating the proceedings taken for such bond issues and making the bonds so issued binding obligations upon the municipality, thereby determining that the bond issue for a golf course is an appropriate municipal purpose, and validating, bonds for that purpose, and it not appearing that any organic limitation is thereby violated, the judicial decree validating the bond issues will be affirmed, there being no material error in the decree that is not cured by the validating statute. See Charlotte Harbor & N. R. Co. v. Welles, 78 Fla. 227, 82 South. Rep. 770; Charlotte Harbor & N. R. Co. v. Welles, 260 U. S. 8, 43 Sup. Ct. Rep. 3; Cranor v. Volusia County Com 'rs, 54 Fla. 526, 45 South. Rep. 455; Givens v. Hillsborough County, 46 Fla. 502, 35 South. Rep. 88.

In view of the stated validating Act of the Legislature, the order appealed from is affirmed.

West, C. J., and Terrell and Strum, J. J., concur.


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Citator

Cited By

  • West v. Town of Lake Placid, 97 Fla. 127 (Fla. 1929)
    …the ownership, maintenance and operation of public golf courses is a permissible municipal function under the Costitution, Art. 9, Sec. 5. See City of Bradenton v. State, 88 Fla. 381, 102 So. R. 556; 36 A. L. R. 1297; Peterson v. Town of Davenport, 90 Fla. 71, 105 So. R. 265; 46 A. L. R. 602, note 673-707; Earle v. Dade County, 92 Fla. 432, 109 So. R. 331; Bolick v. State, 117 So. R. 387. The Charter Act, See. 92, further expressly authorizes the municipality to borrow not to exceed $100,000.00 to provid…
  • State v. Dyer, 109 Fla. 33 (Fla. 1933)
    …scribed formula. Where no principle of organic law is violated the legislative determination of a municipal purpose will not be disturbed by the judiciary if the purpose named in the statute is municipal in its nature. Peterson v. Town of Davenport, 90 Fla. 71, 105 So. 265. Here we have a legislative determination that the expense of a municipal primary is within the range of a municipal purpose. A very able brief on the part of relator reveals no ground on-which this determination should be overthrown.…
  • City of Venice v. State, 96 Fla. 527 (Fla. 1928)
    …onstitution is not' violated in levying the tax for the public purpose, for the law contemplates that corporations shall participate in the burdens and benefits of taxations within appropriate limitations.” And in Peterson v. The Town of Davenport, 90 Fla. 71, 105 So. R. 265 : “Whether the object for which bonds are to be issued is a municipal purpose may not be arbitrarily determined bj legislation without regard to organic limitations; but a statutory determination of what is an appropriate municipal…

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