Hubert v. City of Vero Beach

• Decision Date: 19 February 1927
• Citation: 93 Fla. 323,112 So. 52
• Parties: HUBERT v. CITY OF VERO BEACH.
• Court: Florida Supreme Court

112 So. 52

93 Fla. 323

HUBERT v. CITY OF VERO BEACH.

Florida Supreme Court, Division B.

February 19, 1927

Proceeding brought under Rev. Gen. St. 1920, § 3296 et seq., to validate time warrants of the City of Vero Beach. From a decree validating the warrants, George H. Hubert appeals.

Affirmed.

Syllabus by the Court

SYLLABUS

'Time warrants' contemplated by statute include evidences of indebtedness (Sp. Acts 1925, c. 11262, § 75). The time warrants contemplated by chapter 11262, Sp. Acts of 1925 include evidences of indebtedness.

'Time warrants' are not ordinary warrants used in paying claims against municipalities (Sp. Acts 1925, c. 11262, § 75). 'Time warrants' are not the ordinary warrants used in the payment of claims duly audited and allowed against municipalities and other governmental subdivisions and the state.

Appeal from Circuit Court, Indian River County Elwyn Thomas, judge.

COUNSEL

Charles A. Mitchell, Jr., of Vero Beach, for appellant.

James T. Vocelle, of Vero, for appellee.

OPINION

WHITFIELD P.J.

In proceedings brought under the statute the circuit court validated $15,000 of time warrants of the city of Vero Beach Fla., in the following form:

'United States of America,

'City of Vero Beach, Florida,

'Time Warrant. (Issue T. W. 12.)

'No. -----.

$1,000.00.

'The city of Vero Beach, Fla., for value received hereby promises to pay to the pearer the sum of one thousand dollars ($1,000) on the 15th day of December, 1927, with interest thereon at the rate of eight per cent. per annum, payable semiannually; both principal and interest payable at the office of the United States Mortgage & Trust Company, New York, N. Y.

'This time warrant is issued under and by authority of chapter 11262 of the Laws of Florida, and an ordinance of the city of Vero Beach, Fla., duly adopted; and it is hereby certified that every requirement of law relating to the issue hereof has been duly complied with, and that this time warrant is within every debt and limit prescribed by the Constitution and laws of the state of Florida.

'In witness whereof the said city of Vero Beach has caused its seal to be hereto affixed and this time warrant to be signed by its mayor, countersigned by the president of its city council, and attested by its clerk, this 15th day of December, 1926.

'--------, Mayor.

'Attest: --------, City Clerk.

'Countersigned: --------, President of City Council.

'[Corporate Seal.]'

The proceeds from the sale of the time warrants are 'to be used for the purpose of opening, constructing, repairing and maintaining the streets and sidewalks of said city of Vero Beach, Fla.'

On appeal it is contended that the charter statute does not authorize the issue of such time warrants, and that the statutes (section 3296 et seq., Revised General Statutes 1920) does not authorize the validating proceedings.

Section 75 of the Charter Act of the city of Vero Beach, Fla. (chapter 11262 of the Special Act of 1925) is as follows:

'Sec. 75. The city council is authorized to issue and sell interest bearing time warrants, bearing interest at a rate not exceeding eight per cent. per annum, to an amount not exceeding $25,000 in each year. The city council shall prescribe the form, denomination and date of maturity of such warrants. The city council may sell such warrants at private sale, provided they are not sold for less than par, or said warrants may be sold to the highest bidder after advertisement for four successive weeks in a Vero Beach, Florida, newspaper, at not less than ninety-five cents on the dollar.

'The time warrants provided for herein shall not be issued so as to increase the indebtedness of said city as composed of bonds and outstanding time warrants, to more than twenty-five per cent. of the assessed valuation...