City of Tampa v. Tampa Waterworks Co.

Citations

• 45 Fla. 600

Syllabus

<p>1. Companies deriving their authority from the legislature and ' invested with the franchise of supplying municipalities and their inhabitants with water through the instru- . mentality of pipes and mains laid in the public streets are, when exercising such functions, performing services of a public nature within the meaning of section 30, Article XVI, constitution of 1885, and their business is affected with a public interest, so as to subject them to regulation by requiring them to charge reasonable rates, and such regulation does not violate the “due process” clause of the Federal constitution. _ ^</p> <p>2. The provisions of Chapter 5070, act approved May 31, 1901, are sufficient to authorize municipalities in this State to pass ordinances fixing reasonable rates to be charged for water supplied by a water company to the municipality and its inhabitants.</p> <p>3. Every charter granted by the Legislature to the persons and corporations mentioned in section 30, Article XVI, constitution of 1885, and every contract made with them by the legislature or by a municipality under its authority, are granted, made and accepted subject to and in contemplation of the possibility of the subsequent exercise of the power which by that section is declared to be vested in the legislature. The section mentioned not only becomes a part of every such charter or contract as much so as if written therein, but by implication it denies the authority of the legislature to estop itself by contract or to authorize a municipality to so bind it not to exercise the power thereby recognized whenever in its wisdom it shall think necessary to do so.</p> <p>4. Section 30, Article XVI, constitution of 1885, reserves to the legislature the power to regulate by its own act, or through the instrumentality of a municipality, the rates to be charged by a water company supplying such municipality and its inhabitants with water so as to require such company to charge reasonable rates only for water