42 Fla. 287 | Fla. | 1900
(After stating the facts.)
The appeal is from the order of the court sustaining the demurrer to the amended and supplemental bills. The action of the city of St. Augustine in the mater of establishing an electric light plant in said city, and the issuance of bonds in payment therefor, was based upon the powers conferred upon said city by its charter, being Chapter 4636, laws of Florida enacted in 1897. Besides these specific charter powers, the power was conferred generally upon all cities and towns within the State to construct and own electric light plants and to issue bonds in payment therefor by the provisions of Chapter 4600, laws of 1897, but it is not contended for the city of St. Augustine that the provisions of this latter act were invoked in the steps taken to establish its electric light plant, but, on the contrary, that it acted under the provisions of its own special charter powers. These special charter provisions, that are set forth in the statement accompanying this opinion, were amply sufficient to invest the municipality of St. Augustine.
The bill to enjoin the issuance of the bonds proposed by the city questions the legality of both the ordinance alleged to have been passed by the city council on March 9th, 1899, and the election held thereunder on the 28th day of the same month, on various grounds as shown by the foregoing statement. After the passage of the said ordinance and the holding of the said election thereunder the legislature, of Florida enacted the curative statute, Chapter 4866, approved May nth, 1899, set out in full in the statement above.
Under the provisions of section 8 of Article VIII of the Florida constitution of 1885, the legislature had the power in the first instance to authorize, the municipal corporation of-St. Augustine, through its properly constituted corporate authorities, to. erect and own an electric light plant for supplying light to its citizens or inhabitants, and to issue bonds for such purpose, either with or without the sanction of its individual citizens or taxpayers as expressed in an election. In respect to statutes curing defects in legal proceedings, where they amount to mere irregularities, not extending to matters of jurisdiction, and in the absence of constitutional limitations, Judge Cooley, in his work on Constitutional Limitations, page 457, states the rule as follows : “If the thing wanting, or which failed to be done, and which constitutes the defects in the proceeding, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not bejmnd the power of the legislature to dispense with it by subsequent statute. And if the irregularity consists
The contention that the ordinance illegally confines the furnishing of electric light only to citizens of the city, we think is untenable. It is true that in this connection the ordinance uses the word “citizens” -but we think that it is used therein in its popular sense, including all residents and inhabitants, whether they be technically citizens of the city or not.
It is contended that the ordinance illegally delegates to the board of bond trustees of the city, who are neither officers of the city de jure or de facto, powers and duties exclusively appertaining- to'the city council, but it is not contended that there does not exist an agency of the city known as such board of bond trustees. The constituent members of such board are made parties to the bills herein. The powers confered upon this board to receive and countersign the bonds when issued and to sell the same, and to receive the proceeds thereof, are of a purely ministerial or administrative character, and are properly conferred upon them, as held in the case of
The further contention that the curative act is a special or local law and is unconstitutional because enacted without the giving of the sixty days’ prior notice provided for in section 21 of Article III of the constitution of 1885, is tmtenable as held in the case of State ex rel. McQuaid v. County Commissioners of Duval County, 23 Fla.483, 3 South. Rep. 193. A careful reading of the curative act will show that the city was authorized thereby to issue the bonds only as were provided for in and by the city ordinance adopted March 9th, 1899, and such subsequent ordinances as were not in conflict therewith. The said ordinance of March 9th, 3899, expressly provides for the issuance of bonds whose interest installments were to be payable only at the city of St. Augustine. It appears, however, from the allegations of an amended supplemental bill herein that the bonds actually proposed to be issued and sold provide,
The decree of the court below is reversed with directions for such further proceedings as shall be consistent herewith.