Penn v. PENSACOLA-ESCAMBIA GOVERNMENT. CTR. AUTH.

311 So. 2d 97
CourtSupreme Court of Florida
DecidedApril 2, 1975
Docket46386, 46572
StatusPublished
Cited by16 cases

This text of 311 So. 2d 97 (Penn v. PENSACOLA-ESCAMBIA GOVERNMENT. CTR. AUTH.) 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
Penn v. PENSACOLA-ESCAMBIA GOVERNMENT. CTR. AUTH., 311 So. 2d 97 (Fla. 1975).

Opinion

311 So.2d 97 (1975)

Bernard J. PENN, Appellant,
v.
PENSACOLA-ESCAMBIA GOVERNMENTAL CENTER AUTHORITY et al., Appellees.
ESCAMBIA COUNTY FREEHOLDERS ASSOCIATION, Appellant,
v.
PENSACOLA-ESCAMBIA GOVERNMENTAL CENTER AUTHORITY et al., Appellees.

Nos. 46386, 46572.

Supreme Court of Florida.

April 2, 1975.
Rehearings Denied May 6, 1975.

*99 Bernard J. Penn, in pro. per.

Donald S. Meyer, in pro. per. as Vice-President, for Escambia County Freeholders Association, appellant.

Daniel U. Livermore, Jr., Freeman, Richardson, Watson, Slade, McCarthy & Kelly, Jacksonville, and Louis F. Ray, Jr., Pensacola, for appellees.

ROBERTS, Justice.

This cause is before us on direct appeal from a final judgment of the Circuit Court for Escambia County validating the Revenue Bond Issue not to exceed $6,000,000.00 by the Pensacola-Escambia Governmental Center Authority.

The history, factual background, and holding of the trial judge are reflected in the final judgment of the trial court and are herein restated with approval:

"1. Plaintiff is and at all times hereinafter mentioned was, a body politic and corporate of the State of Florida, created by and existing under the Constitution and Laws of the State of Florida, particularly Chapter 69-1049, Laws of Florida, Special Acts of 1969, as amended and supplemented (herein called the `Act').

"2. Plaintiff, under and by virtue of said Chapter 69-1049 and other applicable provisions of law, is authorized to issue revenue obligations to finance the cost of a governmental center for use and occupancy by the City and the County, their agencies and departments, and other governmental agencies and departments, the initial phase of which has been designated by the Plaintiff as the acquisition of the site of the governmental center and the construction of certain improvements thereto, all to be located in the City of Pensacola, Florida, in accordance with the plans and specifications of the architect as filed and approved by the Plaintiff (hereinafter called `Project').

"3. Pursuant to the laws of the State of Florida, particularly said Chapter 69-1049, the Plaintiff did on the Nineteenth day of June, 1974, duly adopt and pass a resolution (hereinafter called `Resolution') authorizing and providing for the issuance of the obligations, in the denomination of $5,000 each, numbered consecutively from one upward, maturing and bearing interest at such rate or rates not exceeding the maximum rate allowed by statute, and maturing on July 1 in the years 1975 to 2004, inclusive, and authorizing execution of a Trust Indenture in the form attached thereto with a trustee to be later designated by the Plaintiff, ... .

"4. Pursuant to the laws of the State of Florida, particularly said Chapter 69-1049, the City adopted a motion on April 25, 1974, and a resolution on June 27, 1974, and the county adopted a motion on April 24, 1974, and a resolution on June 20, 1974, *100 pursuant to which the City and County each authorized execution by their respective officers of the leases and amendments thereto... . The Resolution also authorizes execution by the Authority of the City Lease and the County Lease.

"5. The rentals to be paid to Plaintiff by the City and the County pursuant to the City Lease and the County Lease to be entered into between the Plaintiff as lessor and the City and the County as lessees, covering the Project, in the manner provided in the Resolution, will be sufficient to pay the amount to become due in each fiscal year for the payment of the principal of and interest on the obligations herein referred to.

"6. The obligations shall be payable both as to principal and interest solely from and secured by a prior lien upon and a pledge of the rentals to be paid to Plaintiff by the City and the County pursuant to the City Lease and the County Lease above described, in the manner provided in the Resolution. The City and the County are obligated to pay said rentals from funds of the City and the County, respectively, lawfully available therefor other than from ad valorem taxation. The obligations will not constitute an indebtedness of the Plaintiff or of the City or of the County within the meaning of any statutory limitation, and no holder or holders of any of the obligations or any coupons appertaining thereto shall have the right to compel the exercise of the ad valorem taxing power of the Plaintiff, the City or the County to pay the obligations or the interest thereon or make any of the reserve, sinking fund or other payments provided for in the Resolution. The obligations shall not constitute a lien upon the Project.

"7. The obligations are not `bonds' within the meaning of the Constitution of Florida, and are not required by the Constitution and Statutes to be approved by an election for the reason that said bonds will be payable solely from the rentals to be derived by the Authority pursuant to the City Lease and the County Lease, said rentals to be payable from legally available sources of the City and the County, respectively, derived from sources other than ad valorem taxation. See Section[s] 4(h) and 5 of the Act; Orange County Civic Facilities Authority v. State, 286 So.2d 193 (Fla. 1973); State v. Orange County, 211 [sic-] 281 So.2d 310 (Fla. 1973).

"8. The Plaintiff, pursuant to the Constitution and Laws of the State of Florida, has the power and is authorized, and in the Resolution has authorized the execution of the City Lease and the County Lease to be entered into between the Plaintiff and the City and the County, covering the Project, in the manner provided in the Resolution. The City and the County have the power and are authorized by the Act, and have authorized, the execution of their respective leases as well. Pursuant to the Leases, the City and the County have each covenanted that they will punctually pay the rentals provided for in the manner and at the times provided in the Leases and that in preparing, approving and adopting the budgets controlling or providing for the expenditures of their funds for each fiscal year, they will appropriate, allot and approve from non-ad valorem funds the amounts sufficient to pay the rentals due under the Leases. The City Lease and the County Lease and such covenants are legal and valid in all respects.

"9. The Project does not unlawfully contemplate any direct or indirect subsidy of The School Board of Escambia County, Florida, or the expenditure of municipal or County funds for a school purpose, in violation of any provision of Article IX or other provision of the Constitution of the State of Florida. Said Chapter 69-1049 expressly authorizes the Plaintiff to acquire, construct, operate, maintain and manage a governmental center complex for the use and occupancy of the City, the County and `other governmental agencies and departments.' Said law further expressly authorizes the City, the County and any school district in the City or County to enter into leases and contracts with the *101 Plaintiff within the provisions and purposes of said law. The Legislature has, therefore, determined that the Project is a proper public purpose to be undertaken in the manner provided by the Resolution and the City and County Leases. Subsection 4[(h)](8) of the Act empowers Plaintiff to grant such leases `for such consideration as it deemes [sic] proper.' Although the City and County Leases allow Plaintiff to negotiate a lease with the School Board for use of the school administration building for a nominal rent, the Act grants such discretion to Plaintiff.

"10.

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