City of Tampa v. Salomonson

Citations

• 35 Fla. 446

Syllabus

<p>MUNICIPAL LAW — INJUNCTION TO RESTRAIN BOND ISSUE — ORDINANCE GOOD IN PART AND BAD IN PART — CONFLICT BETWEEN CITY ORDINANCE AND STATE LAW — MUNICIPALITY MAY APPOINT MINISTERIAL AGENTS.</p> <p>1. Where a bill in equity to restrain a proposed issue and sale of municipal bonds shows no other valid reason why such issue and sale should be estopped, except that the proceeds of the sale of such bonds will go into and be expended by improper hands, it is error to enjoin the issue and sale of such bonds, or to go further with an injunction in such a case, than to restrain the delivery of such bonds, when issued, to unauthorized hands, and to prohibit the proceeds thereof from going into the hands of and being expended by unauthorized persons.</p> <p>2. Where the State Legislature, from whom our municipalities derive all of their corporate powers, enacts a law imposing specific duties and powers connected with the government of the municipality upon a board of public works, as officers of such municipality, an ordinance of such city is inoperative and void that undertakes to impose the same powers and duties upon any other person, agent or official, than such board of officials created by the State law.</p> <p>3. Chapter 3951 laws, approved May 31st, 1889, entitled ‘‘An act to provide for the creation of a board of public works for the city of Tampa, Florida, and prescribing its powers and duties,” is not in conflict with, and has not been repealed by. Chapter 3950 laws, approved June 5th, 1889, nor by Chapter 4084, approved June 8th, 1891, nor by Chapter 4085, approved June 8th, 1891, nor by Chapter 4086, approved June 10th, 1891.</p> <p>4. It is well settled that a municipal ordinance, like a legislative statute, may be good in part and upheld, while part thereof may be adjudged to be illegal and void, provided the void parts thereof are not so connected with or essential to the completeness of the valid parts as that the latter can not stand alone or be carried out in