Gainesville Gas & Elec. Power Co. v. City of Gainesville

• Decision Date: 14 May 1912
• Citation: 63 Fla. 425,58 So. 785
• Parties: GAINESVILLE GAS & ELECTRIC POWER CO. v. CITY OF GAINESVILLE.
• Court: Florida Supreme Court

58 So. 785

63 Fla. 425

GAINESVILLE GAS & ELECTRIC POWER CO. v. CITY OF GAINESVILLE.

Florida Supreme Court

May 14, 1912

Appeal from Circuit Court, Alachua County; J. T. Wills, Judge.

Bill in equity by the Gainesville Gas & Electric Power Company against the City of Gainesville. From a decree sustaining a demurrer to the bill of complaint and denying an injunction complainant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

Where there are specific allegations that the enforcement of rates prescribed by governmental authority for furnishing gas and electricity to the inhabitants of a city will cause a multiplicity of suits and irreparable injury to the gas company so that the remedy at law is apparently inadequate an injunction may be an appropriate remedy if the rates are not lawfully prescribed.

The provisions of section 8, art. 8, and section 30, art. 16, of the Constitution, afford ample authority for the Legislature by statute to empower the duly constituted authorities of a municipality to prescribe by valid ordinance just and reasonable rates to be charged for furnishing gas and electricity to persons within the city by persons or corporations lawfully engaged in rendering such public service.

The provision of section 2 of chapter 5806, Acts of 1907, that 'the mayor and city council shall have power by ordinance to fix the maximum rate or rates to be charged for gas and electric lights and all other public utilities, whether owned by the municipality or by any individuals, firm or firms corporation or corporations,' is embraced within the 'one subject and matter properly connected therewith,' which is 'expressed in the title' of the act being, 'An Act * * * extending and enlarging the territorial limits and powers of the city of Gainesville' as required by section 16, art. 3, of the Constitution.

Authority to fix maximum rates for furnishing gas and electricity includes any authority that may be fairly implied as incidental to or reasonably necessary for the effectiveness of the power expressly given. This includes the fixing of reasonable rates for connections and the placing of meters etc.

Where practically all the municipal powers given to a city by legislative act are conferred upon 'the mayor and city council' to be exercised 'by ordinance,' authority given 'the mayor and city council, * * * by ordinance, to fix the maximum rate' for furnishing gas to the inhabitants of the city is to be construed with reference to the authorized method of adopting ordinances, and the authority under such conditions may be exercised by an ordinance passed by a requisite vote of the city council over the mayor's veto.

The publication of a city ordinance for a given length of time after its adoption may not be essential to the validity of the ordinance when not controlled by statute.

COUNSEL John E. Hartridge, of Jacksonville, and W. S. Broome, of Gainesville, for appellant.

Robt. E. Davis, for appellee.

OPINION

WHITFIELD C.J.

This appeal is from a decree sustaining a demurrer to the bill of complaint and denying an injunction to restrain the enforcement of an ordinance passed by the city council over the mayor's veto prescribing rates of compensation for gas and electricity furnished to the inhabitants of the city of Gainesville, Fla.

As there are specific allegations that the enforcement of the prescribed rates will cause a multiplicity of suits and irremediable injury to the gas company, the remedy at law is apparently not adequate and injunction is an appropriate remedy if the rates are not lawfully prescribed. See Louisville & N. R. Co. v. Railroad Com'rs, 58 So. 543, decided at this term.

Section 8 of article 8 of the Constitution provides that 'the Legislature shall have power to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time.' Under this provision of the Constitution it is competent for the Legislature by a duly enacted statute to confer any appropriate municipal...