69 Fla. 125 | Fla. | 1915
This appeal is from an order denying an injunction to prevent the carrying out of a contract made by the County Commissioners of Lee County to demolish the present court -house building and to erect a new court house building in the county, and to enjoin the issue of warrants for páyments under the contract.
Chapter 5698 Acts of 1907, provides that if the county commissioners shall duly determine that it is necessary to erect a court house or jail, or both, “they may levy a building tax not exceeding five mills per annum, for five consecutive years in lieu of all other county building tax.” Under this authority the county commissioners could at an adjourned meeting and without giving notice levy a tax of three mills, for five consecutive years, even though they had previously levied only two mills for two years. No notice is required to be given for the tax levy to be valid. The statute does not require that the funds derived from successive tax levies shall be collected in whole or in part before the power to contract for the erection of a court house can be exercised; and the courts will not control the discretion of the county commissioners in making the contract when they act in good faith and within their statutory powers. A clear case of abuse of authority is not made to appear. See Osban v. Cooper, 63 Fla. 542, 58 South. Rep. 50. The statute does not prescribe the form and character of the warrants to be issued by the county commissioners in payment of county indebtedness; and the warrants to be issued in this case payable at future dates do not in effect loan the credit
Order affirmed.