Cooksey v. Utilities Commission

Decision Date12 April 1972
Docket NumberNo. 41833,41833
Citation261 So.2d 129
PartiesH. Grady COOKSEY et al., Appellants, v. UTILITIES COMMISSION, City of New Smyrna Beach, Florida, and City of New Smyrna Beach, Florida, a Municipal Corporation existing under the laws of the State of Florida, Appellees.
CourtFlorida Supreme Court

Curtis B. Goff, Orlando, H. Vernon Davids, Winter Park, of Davids & Decker, for appellants.

E. W. Gautier, New Smyrna, for appellees.

BOYD, Judge.

This cause is before us on direct appeal from the Circuit Court, Volusia County, to review the Order of that Court dated November 8, 1971, denying motion for summary judgment and holding Chapter 67--1754, Laws of Florida, constitutional. Oral argument before this Court was waived by the parties.

The special act in question, Chapter 67--1754, Laws of Florida, creates the Utilities Commission of the City of New Smyrna Beach and provides, in part, as follows:

'The commission shall have full and exclusive power and authority to prescribe rules, rates and regulations governing the sale and use of electricity, water, gas and sewage collection and treatment wherever such services are furnished by said commission and to change the same at its pleasure, after conducting a public hearing or hearings pertaining to rate changes.'

Appellant contends that the foregoing act is an unconstitutional delegation of legislative power. We find that the standards laid down in Florida Statute § 180.13(2), F.S.A. 1 pertaining to municipal public works and § 184.09(1) (b), 2 governing municipal sewer financing, requires cities fix rates that are just and reasonable for utility services. These standards are the recognized guidelines in the fixing of rates by governmental entities and apply to the Utilities Commission of the City of New Smyrna Beach.

The Constitution of the State of Florida, Section 2(b) of Article VIII, F.S.A., provides as follows:

'(b) Powers. Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective.'

Implicit in the power to provide municipal services is the power to construct, maintain and operate the necessary facilities. The fixing of fair and reasonable rates for utilities services provided is an incident of the authority given by the Constitution and statutes to provide and maintain those services. 3 The courts may not fix rates but will determine, on behalf of any aggrieved party, whether there has been a deviation from the standard of just and reasonable in fixing rates. 4

Accordingly, the...

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10 cases
  • City of Gainesville v. STATE, DOT, 1D99-4548.
    • United States
    • Court of Appeal of Florida (US)
    • March 5, 2001
    ...the power to provide municipal services is the power to construct, maintain and operate the necessary facilities." Cooksey v. Utilities Comm'n, 261 So.2d 129, 130 (Fla.1972). Acknowledging the importance of managing and treating the state's stormwater runoff, the Legislature mandated some f......
  • Rosalind Holding Co. v. Orlando Utilities Commission
    • United States
    • Court of Appeal of Florida (US)
    • July 22, 1981
    ...§ 35.37a (1970).6 Federal Power Comm'n v. Hope Natural Gas Co., 320 U.S. 591, 64 S.Ct. 281, 88 L.Ed. 333 (1944); Cooksey v. Utilities Comm'n, 261 So.2d 129 (Fla.1972); Pinellas Apartment Ass'n., Inc. v. City of St. Petersburg, 294 So.2d 676 (Fla. 2d DCA 1974); § 180.13(2), Fla.Stat. (1979);......
  • Coulter v. City of Rawlins, 5764
    • United States
    • United States State Supreme Court of Wyoming
    • April 19, 1983
    ...on several occasions, looked into the authority of a municipality to require payment of connection fees. In Cooksey v. Utilities Commission, Fla., 261 So.2d 129, 130 (1972), the court " * * * Implicit in the power to provide municipal services is the power to construct, maintain and operate......
  • Contractors and Builders Ass'n of Pinellas County v. City of Dunedin
    • United States
    • United States State Supreme Court of Florida
    • February 25, 1976
    ...power to provide municipal services is the power to construct, maintain and operate the necessary facilities.' Cooksey v. Utilities Commission, 261 So.2d 129, 130 (Fla.1972). There are no provisions in Chapter 180, Florida Statutes, expressly governing capital acquisition other than through......
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