Gainesville Gas & Electric Power Co. v. City of Gainesville

Citations

• 63 Fla. 425

Syllabus

<p>1. Where there are specific allegations that the enforcement of rates prescribed by governmental authority for furnishing gas and electricity to the inhabitants of a city will cause a multiplicity of suits and irreparable injury to the gas company so that the remedy at law is apparently inadequate an injunction may be an appropriate remedy if the rates are not lawfully prescribed.</p> <p>2. The provisions of Section 8, Article VIII and Section 30, Article XVI of the Constitution afford ample authority for the legislature by statute to empower the duly constituted authorities of a municipality to prescribe by valid ordinance just and reasonable rates to be charged for furnishing gas and electricity to persons within the city, by persons or corporations lawfully engaged in rendering such public service.</p> <p>3. The provision of Section 2 of Chapter 5806, Acts of 1907, that “The Mayor and City Council shall have power by ordinance, to fix the maximum rate or rates to be charged for gas and electric lights, and all other public utilities, whether owned by the municipality or by any individuals, firm or firms, corporation or corporations,” is embraced within the “one subject and matter properly connected therewith,” which is “expressed in the title” of the act being “An Act ..........extending and enlarging the territorial limits and powers of the City of Gainesville,” as required by Section 16, Article III of the constitution.</p> <p>4. Authority to fix maximum rates for furnishing gas and electricity, includes any authority that may he fairly implied as incidental to or reasonably necessary for the effectiveness of the power expressly given. This includes the fixing of reasonable rates for connections and the placing of meters &c.</p> <p>5. Where practically all the municipal powers given to a city by legislative act are conferred upon “the mayor and city council” to be exercised “by ordinance,” authority given “the mayor and city council,............. by ordinanc