Opinion

State Ex Rel. City of Vero Beach v. MacConnell

  • 125 Fla. 130
  • 169 So. 628
Court
Supreme Court of Florida
Filed
Aug 3, 1936
Status
Published
Author
Ellis
On the bench
Whitfield, Terrell, Brown, Buford, Davis, Ellis
Cited by
14 cases

The opinion

Ellis, P. J.

(concurring specially). — There should be added to the opinion words conveying the idea that it affirmatively appears that the City of Vero Beach is in nowise obligated directly or indirectly to exercise the. sovereign power of taxation to provide a fund to redeem the certificates.

The point should also be saved that in fixing the utility rate for the use of the commodity the city shall not be authorized to impose a larger rate than that which was in force at the time of the issuing of the certificates, or one commensurate with the rate then in force, otherwise an opportunity would be presented to city officials who seek to circumvent the provisions of Amended Section 6 of Art. IX to impose an excessive rate for the use of the commodity that would force .the citizens to conform to that rate or abandon the use of the utility .which

in

view of the health

*135

and convenience to the entire community involved may operate as a coercive force upon the city to exercise its sovereign power of taxation to meet the debt incurred by the certificates. See Kathleen Citrus Land Co. v. City of Lakeland, filed June 13, 1936.

Whitfield, C. J., and Terrell, J. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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