State v. Calhoun County

• Decision Date: 10 September 1936
• Citation: 169 So. 673,125 Fla. 263
• Court: Florida Supreme Court
• Parties: STATE v. CALHOUN COUNTY et al.

169 So. 673

125 Fla. 263

STATE v. CALHOUN COUNTY et al.

Florida Supreme Court

September 10, 1936

En Banc.

Suit by Calhoun County and others against the State. From a decree validating bridge revenue bonds proposed to be issued by Calhoun County, the State appeals.

Reversed and remanded. Appeal from Circuit Court Calhoun County; E. C. Welch, judge.

COUNSEL

John H Carter, Jr., State Atty., of Marianna, for the State.

John D Trammell and Marion B. Knight, both of Blountstown, for appellees.

OPINION

PER CURIAM.

This appeal is from a decree of the circuit court validating $563,000 (4 per cent.) of 'Apalachicola Bridge Revenue Bonds' proposed to be issued by the county of Calhoun, state of Florida, under chapter 16344, Special Acts of 1933, without an approving vote of the freeholder electors of the county, that is required by section 6 Article 9 of the Constitution of Florida as amended in 1930. The proceeds from the sale of the revenue bonds are intended to be used 'for the purpose of financing the cost of construction of' 'a bridge across the Apalachicola River at a point opposite Blountstown, Florida, between the counties of Calhoun and Liberty and approaches to such bridge on both sides of said river.'

The statute provides that Calhoun county is granted statutory authority (1) to construct a toll bridge across the Apalachisola river and also approaches to the bridge on both sides of the river; (2) to borrow money with which to construct the bridge or the approaches thereto; (3) 'to issue in the name of Calhoun County and sell bridge bonds or revenue bonds, as evidence of indebtedness in a sufficient amount to obtain the money with which to construct the bridge and the approaches thereto'; (4) any 'bridge bonds or revenue bonds' issued and sold as authorized are 'declared to be a first lien, and an exclusive lien, on and against said bridge and the approaches thereto to be constructed, and on and against the income derived, or to be derived, from the operation of such bridge and approaches; (5) the lien created by the issuance and sale of bridge bonds or revenue bonds as provided in the Act may be foreclosed for default in the payment of principal or interest due on the bonds.

The statutory grant to Calhoun county of authority to construct the proposed bridge and its approaches and the authority to borrow money therefor (in a proper manner) may be within the power of the Legislature, such construction being by the statutory provisions in effect made a county purpose for Calhoun county, though a portion of the statutory utility is in Liberty county, the bridge being designed to be a part of a public highway, which extends from the river on both sides. But (1) the issue of 'bridge bonds' or 'revenue bonds' in the name of the county and (2) the provision of the statute making such bonds a lien upon property acquired by the county in constructing the bridge and its approaches and providing for the foreclosure of such liens by...