City of St. Petersburg v. Briley, Wild & Assoc., Inc.

239 So. 2d 817
CourtSupreme Court of Florida
DecidedSeptember 23, 1970
Docket39240
StatusPublished
Cited by39 cases

This text of 239 So. 2d 817 (City of St. Petersburg v. Briley, Wild & Assoc., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of St. Petersburg v. Briley, Wild & Assoc., Inc., 239 So. 2d 817 (Fla. 1970).

Opinion

239 So.2d 817 (1970)

The CITY OF ST. PETERSBURG, George McGonegal and Betty McGonegal, His Wife, Appellants,
v.
BRILEY, WILD & ASSOCIATES, INC., Pinellas County, Florida, a Political Subdivision of the State of Florida, Harold Mullendore, Clerk of the Circuit Court of Pinellas County, Florida, City of Safety Harbor, Florida, a Municipal Corporation; City of Belleair Beach, Florida, a Municipal Corporation, Appellees.

No. 39240.

Supreme Court of Florida.

September 23, 1970.
Rehearing Denied October 26, 1970.

*818 Carl R. Linn, St. Petersburg, for appellants.

Richard Stewart, Clearwater and Frank L. Watson of Bryant, Freeman, Richardson & Watson, Jacksonville, for appellees.

MASON, Circuit Judge.

This is an appeal from a decision of the Circuit Court of Pinellas County initially construing Article VIII, Section 1(h) of the 1968 Constitution of Florida, F.S.A., which is as follows:

"(h) Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of the property or residents in unincorporated areas."

We have jurisdiction under the provisions of Article V, Section 4(2).

This suit is one brought by the plaintiff, Briley, Wild & Associates, Inc., consulting engineers, against the defendant, Pinellas County, Florida, to recover payment of the sum of $100,381.73 allegedly due the plaintiff from the defendant for engineering services rendered under a contract between the parties by the terms of which the County employed the plaintiff as consulting engineers in connection with a proposed construction and expansion of sanitary sewage facilities in Pinellas County. The contract between the plaintiff and defendant County provided that the plaintiff would furnish all sanitary engineering work for the County in connection with said project. The over-all plan called for the ultimate cost to the County of approximately $50,000,000.00 to be divided into several phases. The beginning phase is calculated to cost $2,500,000.00, and it is for services rendered by plaintiff in connection with this phase of the project that this suit was instituted. This particular phase of the work contemplates the construction of a master sewage treatment plant in an unincorporated area of the county, together with the construction of transmission lines and lift stations, in accordance with the plans and specifications prepared by the plaintiff.

The defendant County included in its 1969-70 budget as an item in the General Fund Capital Outlay Reserve Account the sum of $2,500,000.00 estimated to defray the costs of this phase one construction. This sum is now in the General Fund of the County and was raised from ad valorem taxes levied upon all properties situated in the county, both in the incorporated and in the unincorporated areas. When the plaintiff presented its bill for payment for services to date the same was questioned by the Clerk of the Circuit Court, acting as County Auditor, it being his contention that the provisions of Article VIII, Section 1 (h), supra, prohibit the use of monies raised by general ad valorem taxation to defray the costs of sewage facilities to be constructed in unincorporated areas of the county. The defendant County wants to pay the plaintiff, and, therefore, this lawsuit was begun as a friendly suit to determine its authority to do so. By way of counterclaim the defendant County sought a declaratory judgment of the trial court to construe the effect of the above constitutional provision upon its authority to pay not only the plaintiff for its services rendered *819 to date, but also to use general county ad valorem taxes to defray this particular phase of the contemplated project and future phases thereof. The City of St. Petersburg, the Clerk of the Circuit Court of Pinellas County, the City of Safety Harbor, the City of Belleair Beach and the McGonegals, as taxpayers, intervened to contest the authority of the County to spend funds derived from general ad valorem taxes for the purposes heretofore stated. Thus, a suit which started out as a friendly lawsuit concluded as a bitterly contested one, primarily between the County of Pinellas and the City of St. Petersburg and the McGonegals, as residents and taxpayers of the City of Safety Harbor.

The suit went to trial upon the complaint of the plaintiff, the answer and counterclaim of the defendant County and the pleadings of the intervenors. The trial judge held that the contract sued upon was a valid and binding contract between the County and the plaintiff, that the amount sued for was properly due and owing from the County to the plaintiff under the contract, that the County was entitled to a declaratory judgment as to its authority to pay such sum to the plaintiff, that the Board of County Commissioners of the County proceeded properly under Special Act 69-1479 in approving and initiating the implementation of the master sewage facilities plan of the County, in accordance with the plan prepared by the plaintiff, for the purpose of eliminating pollution for the benefit of all areas of the County, both incorporated and unincorporated.

The record upon which the trial judge based his findings establishes that the population of the County is increasing rapidly in many of the unincorporated areas which are urban in nature and already densely populated; that the City of St. Petersburg located in the southeast portion of the county composes about one-fourth of the county area and has approximately 222,885 people and 58 square miles; that the city millage rate in that city is 16.25 mills; that the county millage rate is 10 mills county-wide; that St. Petersburg, through its own resources plus a federal grant, has built and operated its own sewer treatment facility and renders quality sewerage services to its residents estimated to be adequate for its own area until 1985; that the urbanized areas of the County with few exceptions have shown no desire to incorporate; that over a period of years the County has attempted to solve the sewage pollution problem of the county as a whole by acquisition and construction of sewer systems through the use of special sewer districts created pursuant to the provisions of Chapter 153, Part II, F.S., financing such systems by revenue certificates issued against prospective service fees charged to the people served and/or assessed against their property; that the County purchased the sewer system serving the municipality of Kenneth City with the proceeds of such revenue certificates, and has purchased several other small existing systems by using available general funds of the County; that there exists an admitted present need in the County for upgrading its sewer plants and for providing additional sewage treatment facilities for the districts and for the other fastgrowing urban areas of the County; two of the existing municipal systems have inadequate treatment facilities and are now being operated beneath State Health standards and have been cited by State Health authorities for failure to bring their plants up to proper standards.

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Bluebook (online)
239 So. 2d 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-st-petersburg-v-briley-wild-assoc-inc-fla-1970.