Patton v. City of Panama City

• Decision Date: 03 August 1936
• Citation: 125 Fla. 140,169 So. 638
• Parties: PATTON v. PANAMA CITY et al.
• Court: Florida Supreme Court

169 So. 638

125 Fla. 140

PATTON v. PANAMA CITY et al.

Florida Supreme Court

August 3, 1936

In Banc.

Suit by H. E. Patton against the City of Panama City, a municipal corporation of the State of Florida, and others. From a decree dismissing the bill of complaint, H. E. Patton appeals.

Affirmed. Appeal from Circuit Court, Bay County; Ira A Hutchison, judge.

COUNSEL

Wm. H Sapp, of Panama City, for appellant.

J. M. &amp H. P. Sapp, of Panama City, for appellees.

OPINION

PER CURIAM.

The appeal brings for review a decree of the circuit court in and for the Fourteenth judicial circuit of Florida, Bay county denying injunction and dismissing bill of complaint by which bill of complaint it was sought to enjoin the city of Panama City, a municipal corporation, and its officers, from issuing certain waterworks certificates.

The decree was as follows:

'1. That the municipality, City of Panama City, has statutory authority to construct, operate, maintain, extend and improve a waterworks system for supplying water to the inhabitants of said municipality and so has authority to construct the project described in the bill of complaint.

'2. That it appears from the face of the bill of complaint filed and exhibits attached that the project described therein is a necessary improvement or betterment to the waterworks system owned and operated by the City of Panama City.

'3. That it appears from the face of the bill of complaint that the City of Panama City has been deriving annually from its waterworks system sufficient revenues to pay the cost of operation of the same, as the same shall be extended and improved by the proposed project, and also the interest upon and provide for the sinking fund of the Revenue Certificates proposed to be issued.

'4. That the revenue certificates proposed to be issued, principal and interest thereof, are payable solely from the revenue received by the City of Panama City from the continued operation of its waterworks system and that said revenue certificates when issued will constitute no direct or contingent pledge of the taxing power of the City of Panama City, nor impose any legal or moral duty or obligation, directly or indirectly, upon said municipality to exercise the power of taxation to pay the same.

'5. That the revenue certificates proposed to be issued, as described in the bill of complaint, do not constitute bonds and thus pledge the taxing power of the City of Panama City for the payment of principal and interest thereof, in the meaning of section 126 of chapter 11678, Laws of Florida, Acts of the Legislature of the Extraordinary session of 1925, which is the charter of the City, nor in the meaning of section 6, article 9 of the Constitution of Florida [as amended in 1930] by a vote of...