State ex rel. Young v. Duval County

76 Fla. 180
CourtSupreme Court of Florida
DecidedAugust 7, 1918
StatusPublished
Cited by64 cases

This text of 76 Fla. 180 (State ex rel. Young v. Duval County) 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
State ex rel. Young v. Duval County, 76 Fla. 180 (Fla. 1918).

Opinion

Whitfield, J.

In proceedings brought in the Circuit Court unler the Statute to validate bonds to be issued under Chapter 7462, Acts of 1917, for building a bridge across the St. Johns River at Jacksonville in Duval County, Florida, the Court struck the following portion of the answer of the defendants, citizens taxpayers, who contest the legality of the bond issue.

“That the said defendants, for reasons and causes why said bonds should' not be validated, respectfully represent and show unto the Court as follows: ■

“1. That the Board of County Commissioners did not, prior to the 10th day of June, 1917, determine the amount necessary to construct a bridge across the St. Johns River, with proper approaches thereto, by employing competent and reliable experts to determine the necessary and proper cost of the said bridge and proper approaches thereto, as required by law. That when the said County Commissioners determined and designated [186]*186the amount of said bonds, to-wit: Nine Hundred and Fifty Thousand D'ollars ($950,000.00), the said County Commissioners did not then, or at any time prior thereto, have any proper or reliable estimate of the cost of the said bridge, or the approaches thereto, and did not have any proper and reliable information as to the necessary cost of said bridge and approaches, or any plans or specifications thereof, from which the said County Commissioners could fix and determine the amount of said bonds. That said County Commissioners did not, at any time before said election, prepare or cause to be prepared any plans or specifications for the construction of said bridge and its approaches, or fix or determine the location thereof, or make or procure to be made any estimate of the land necessary for said approaches, or have or procure the information from which the cost of said, bridge and' approaches and of said land could be determined. That at all times prior to said election, said County Commissioners were without estimate or information necessary to determine the amount of money necessary to, be raised for the construction of said bridge and approaches and for the acquisition of the necessary lands and rights of way therefor. That the determination by said' County Commissioners to issue bonds in the sum of $950,000.00 for the construction of said bridge and approaches was not based upon any proper or reliable information. That these defendants are informed and believe, and so aver that said sum of $950,000.00 is wholly inadequate and insufficient to pay for the construction of said bridge and approaches and for the lands and’ rights of way necessary therefor.”

From an order validating the bonds the defendants appealed under the Statute, Chapter 6868, Acts of 1915.

[187]*187Chapter 7462 contains the following provisions:

“Section 1. The Board of County Commissioners of Duval County, Florida, is hereby authorized to issue bonds in such amount and denominations, as said Board may determine, the- proceeds of which shall be used' for the construction of a bridge over the St. Johns River, and the proper approaches thereto, but before said bonds shall be issued said Board shall, at a regular or special meeting, by resolution, designate the amount, denominations, rate of interest, and time and place of payment of said bonds and the interest thereon, and shall also, in and by said' resolution, designate the date of holding a.n election in said County for the approval or disapproval of the issuance of said bonds, and for determining at such election whether the bridge to be constructed shall be a free bridge or a toll bridge. Said resolution shall be published in at least one daily newspaper, published in said County, once each week for four (4) consecutive weeks prior to the holding of said election. It shall be the duty of the County Commissioners to call said election and provide for the holding of the same at the earliest practicable date, which election shall be held within ninety (90) days after this Act becomes a law.
“Sec. 2. All electors of said County who were qualified to vote in the general election nest preceding the holding of the election under this Act shall - be qualified to vote thereat for or against the issuance of bonds, and on the question whether said bridge shall be a free or a toll bridge. All of the provisions of Chapter 6536, of the Laws of Florida, Acts of 1913, entitled ‘An Act authorizing and empowering the several Boards of County Commissioners, in the several Counties in the State of [188]*188Florida, to construct, erect, equip, acquire, lease, operate, maintain and control, bridges, cross-ways and passageways over, .along or across water; to acquire property and franchises for such purposes and kindred and subsidiary purposes, and to issue bonds for such purposes, and creating trustees for such bond's and prescribing duties, and to carry into effect the provisions of this Act,” except as herein otherwise provided, shall govern the manner of holding, conducting, convassing and determining the election under this Act, the issuance, sale and disposition of said bonds and the expenditure of the proceeds derived therefrom, and also for the trustees for said bonds.
“á. If it shall appear from the returns of said election that a majority of the electors voting on the question of the issuance of bonds shall have voted for bonds, then the bonds herein provided for shall be issued without unnecessary delay and said bridge shall be constructed at the earliest date practicable. If it shall appear from the returns of said election thalt a majority of the electors voting on the question whether said bridge shall be a free bridge or a toll bridge shall have voted against a free bridge, then the County Commissioners shall collect a reasonable toll and charge for passage over and upon said bridge by pedestrians^ ordinary vehicles, live stock, motor vehicles and inter'urban and street cars. Provided, however, that no toll or charge shall be collected for the use of said bridge by the fire department or the police department of any municipality in Duval County, Florida, or by any officer or employee of said County or of any municipality therein, in the performance of his official duties; nor shall any charge or toll be collected for the use of said bridge for the movement of troops of the United States or the State of Florida across said bridge. [189]*189The County Commissioners are authorized to grant the use of said bridge for funeral and charitable purposes, without charge, and to make such reasonable regulations in regard thereto as they may deem necessary. If it shall appear, however, from the returns of said election that a majority of the electors voting on the question whether said bridge shall be a free bridge or a toll bridge, shall have voted for a free bridge, then, and in that event, no tolls and charges shall be collected except from interurban and street cars and other public service corporations using said bridge; but if interurban and street cars shall be operated by the County or a Municipality therein no toll or charge shall be collected for interurban and' street cars. When said bridge is constructed, it shall be the duty of the said Board to lay, or have laid, tracks or interurban or street cars on and across said bridge and' its approaches, and additional tracks therefor may be laid from time to time as the necessity may require.
“Sec. 5.

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Bluebook (online)
76 Fla. 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-young-v-duval-county-fla-1918.