Macguyer v. City of Tampa

• Decision Date: 21 February 1925
• Citation: 103 So. 418,89 Fla. 138
• Parties: MacGUYER et al. v. CITY OF TAMPA.
• Court: Florida Supreme Court

103 So. 418

89 Fla. 138

MacGUYER et al. v. CITY OF TAMPA.

Florida Supreme Court

February 21, 1925

En Banc.

Suit by W. R. MacGuyer and others against the City of Tampa. From a decree dismissing the complaint, complainants appeal.

Affirmed.

See also, 101 So. 44.

Syllabus by the Court

SYLLABUS

Statute as to forming municipality controls, unless contrary to Constitution. Section 8, article 8, of the state Constitution, gives to the Legislature full powers in forming municipalities, and the provisions of a statute on the subject control, unless some other section of the Constitution is violated by the enactment.

Legislative authority includes power to annex territory. The express legislative authority to establish and to abolish municipalities and to prescribe their jurisdiction and powers obviously includes the power to annex territory to an existing municipality.

Act to extend corporate limits of city of Tampa held to contain only matter properly connected with subject expressed in title. Chapter 9920, Acts of 1923, does not violate section 16 of article 3 of the Constitution, since the act contains only matter properly connected with the subject expressed in the title.

Inacouracies in description of territory annexed do not invalidate act. Inaccuracies, if any, in the descriptions of the territory that is annexed to a city do not render the act invalid.

Validity of statute annexing territory not dependent on consent of inhabitants. Chapter 9920, Acts of 1923, confers governmental jurisdiction, not proprietary rights, upon the city in the annexed territory; and the validity of the enactment is not dependent upon the consent of inhabitants of the annexed territory.

Appeal from Circuit Court, Hillsborough County; L. L. Parks, Judge.

COUNSEL

Leo Stalnaker and John R. Stofer, both of Tampa for appellants.

Hilton S. Hampton, of Tampa, for appellee.

OPINION

PER CURIAM.

Chapter 9920, Laws of 1923, is:

'An act to extend the corporate limits of the city of Tampa Florida, and to prescribe the liability of said annexed territory for existing bonded indebtedness.

* * *

'Section 1. That the corporate limits of the city of Tampa, Florida, be, and the same are hereby extended, and said city shall embrace, include and have jurisdiction over all the following adjacent terrirory not now included within the corporate limits of said city, to wit: [Description omitted.]

'Sec. 2. No real or personal property within the territory above described shall be liable for or taxed to pay any bonded indebtedness of the city of Tampa existing at the time of the passage of this act, or authorized by a vote of the electors of said city at an election held prior to the passage of this act.'

By bill in equity brought by appellants as complainants residing in the territory affected by the above enactment, it is sought to enjoin the city of Tampa from enforcing governmental regulations in the territory added to the city by the statute. The bill of complaint was dismissed, and complainants appealed.

Section 8 of article 8 of the Constitution is as follows:

'The Legislature shall have power to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to...