Fountain City Sanitary District v. Knox County Election Commission

308 S.W.2d 482, 203 Tenn. 26, 7 McCanless 26, 1957 Tenn. LEXIS 462
CourtTennessee Supreme Court
DecidedDecember 6, 1957
StatusPublished
Cited by15 cases

This text of 308 S.W.2d 482 (Fountain City Sanitary District v. Knox County Election Commission) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fountain City Sanitary District v. Knox County Election Commission, 308 S.W.2d 482, 203 Tenn. 26, 7 McCanless 26, 1957 Tenn. LEXIS 462 (Tenn. 1957).

Opinions

[28]*28Me. Justice Tomlinson

delivered the opinion of the Court.

The question presented here in a proper proceedings under the declaratory judgment statute is whether Chapter 320 of the Private Acts of 1957 is a constitutional enactment. It is in this Court on appeal from a decree of the Chancellor so adjudging.

Fountain City is a section of Knox County one and a half miles north of Knoxville. Within its boundaries there dwell some 35,000 people. Its soil does not satisfactorily absorb waste material. Its topography is such that this material is scattered over the surface of the soil and washed into parts of Knoxville, and tends to pollute some of its water supply. A serious sanitary health hazard thereby exists.

As a result of the physical situation described, the General Assembly enacted Chapter 176 of the Private Acts of 1945. It was amended by a Private Act of 1947 and 1949, Chapters 143 and 831, respectively. This Act, so amended, was adjudged constitutional in 1950 in the case of Whedbee v. Godsey, 190 Tenn. 140, 228 S.W.2d 91.

These statutes define the entity (Fountain City Sanitary District) thereby created a municipality or public corporation in perpetuity * * * but without any power to levy or collect taxes for services authorized by this Act. [29]*29Its authority is limited to maintenance of (1) a sewerage disposal system, (2) garbage collection and disposal, (3) as a necessary incident to the above services, a water system, and (4) fire protection. It may authorize within certain limitations revenue bonds for the acquiring, etc., of all such facilities, and has issued such bonds in excess of $1,000,000.

In order to solve the physical problem heretofore mentioned, it was deemed necessary that .the district be authorized to embrace adjoining territories and extend these services therein with ability to collect the charges thereby required of those to whom the services are to be rendered. It was realized, too, that the extension of such services requires the issuance of additional revenue bonds.

As a solution of the aforementioned problems, there was enacted as an amendment to the foregoing acts the statute in question here, to-wit, Chapter 320 of the Private Acts of 1957.

The closing section of this 1957 statute is this:

“Section 8. Be it further enacted. That this Act shall become effective only upon approval thereof in an election by a majority of those voting in said election in the Fountain City Sanitary District.”

The original act and the amendments of 1947 and 1949 did not contain the above quoted Section 8 appearing in the 1957 amendment; this, notwithstanding the fact that the powers conferred by the 1957 amendment are in quality the same, for the most part, as those contained in the Original act and its previous amendments. Subsequent to the 1949 amendment, but prior to this 1957 [30]*30amendment to the original act, our Constitution was amended in several respects, including one commonly known as the Home Rule Amendment now carried as Article 11, Section 9 of our Constitution. That Article 11, Section 9, in so far as material here, is as follows:

“Sec. 9. Power over local affairs — Home rule for cities and counties — Consolidation of functions. * * * ‘ ‘ * * * * and any act of the General Assembly private or local in form or effect applicable to a particular county or municipality either in its governmental or its proprietary capacity shall be void and of no effect unless the act by its terms * * * requires approval in an election by a majority of those voting in said election in the municipality or county affected.”

The situation described with reference to this 1957 amendment, together with the chronology of legislative history surrounding the statute which it amends, seems to justify, in fact, requires the conclusion that the heretofore quoted Section 8 was inserted in the 1957 amendment, though left out of the original act and all previous amendments thereto, because of an apprehension that it might be judicially determined that the Fountain City Sanitary District is a municipality within the meaning of the Home Rule Amendment; hence,'that the 1957 statute would be invalid without this Section 8 calling for its approval in an election before becoming effective.

But the majority of this Court, with Mr. Justice Pre-witt disagreeing, is of the opinion that the Fountain City Sanitary District is not a municipality within the mean ing of the Home Rule Amendment to our Constitution.

[31]*31The limit of the authority of the Fountain City Sanitary District is to maintain within its borders sewerage and water services, garbage collection, and fire protection, with the power to annex adjoining territories into which these services may be extended, and to issue revenue bonds for the acquiring, etc. of proper facilities for rendering those services. It is, therefore, nothing more than a utility district, sometimes defined as a quasi public corporation. First Suburban Water Utility District v. McCanless, 177 Tenn. 128, 133-134, 146 S.W.2d 948.

The lead line of Section 9 of the Home Rule Amendment is “Home rule for cities and counties”. That is, this lead line expressly designates the governmental entities for which it is intended this Section 9 to apply.

Through-out the body of this provision there is used the word “municipality”. Unless there is to he ignored the word ‘ ‘ cities ’ ’ in the lead line — and the Court has no right to ignore it — the word “municipality” used continuously in the body of the Act must he construed as meaning a municipality within the general understanding of what is a “city”. Now the general understanding of the word “city”; that is, its meaning for ordinary purposes is defined in the little New College Standard Dictionary published by Funk and Wagnalls and in every day use, as being “a municipality of the first class”.

Keeping in mind the extent of the powers of this Fountain City Sanitary District, it is perhaps appropriate to quote under the word “City” in 7 Words and Phrases, page 296, et seq. the following:

[32]*32“A school district cannot be classed as a ‘city’ within statute authorizing service of summons. Gould v. Richmond School Dist., 136 P.2d 864, 867, 58 Cal.App. 2d 497.
“A ‘city’ or ‘village’ is a ‘voluntary corporation’ and not a ‘gwsi-municipal corporation’. Leviton v. Board of Education of City of Chicago, 30 N.E.2d 497, 500, 374 Ill. 594.”
“ ‘Cities,’ ‘towns,’ and ‘villages,’ are true municipal corporations, and in addition to exercise of functions of self-government, transact matters of quasi private or public character. Strickfaden v. Green Creek Highway Dist., 248 P. 456, 458, 42 Idaho, 738, 49 A.L.R., 1057.” (Emphasis supplied.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Chattanooga-Hamilton County Hospital Authority
749 S.W.2d 36 (Tennessee Supreme Court, 1988)
Gibson County Special School District v. Palmer
691 S.W.2d 544 (Tennessee Supreme Court, 1985)
Rector v. Griffith
563 S.W.2d 899 (Tennessee Supreme Court, 1978)
Opinion of the Justices
253 A.2d 309 (Supreme Judicial Court of Maine, 1969)
Perritt v. Carter
325 S.W.2d 233 (Tennessee Supreme Court, 1959)
Fountain City Sanitary District v. Knox County Election Commission
308 S.W.2d 482 (Tennessee Supreme Court, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
308 S.W.2d 482, 203 Tenn. 26, 7 McCanless 26, 1957 Tenn. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountain-city-sanitary-district-v-knox-county-election-commission-tenn-1957.