Jacksonville Electric Light Co. v. City of Jacksonville

Citations

• 36 Fla. 229

Syllabus

<p>1. A municipal corporation can exercise only such powers as are granted to it in express terms, or those necessarily or fairly implied in or incident to the powers expressly granted, or those that are essential and indispensable, not simply convenient to the declared objects and purposes of the corporation. Any fair, reasonable doubt concerning the existence of the power is resolved by the courts against the corporation.</p> <p>H. While a strict construction should be applied to the grant of powers, and especially those which result in public burdens, or which are out of the usual range of corporate action, yet if a power is fairly or necessarily implied in or incident to those clearly given, it should not be impaired by a strict construction.</p> <p>3. All the powers conferred upon a municipal corporation should be construed with a view of carrying out the objects and purposes of its creation as a public agency.</p> <p>4. Supplying the inhabitants of a city with electric light for use in their private residences and houses is such a municipal purpose as to authorize its delegation by the Legislature to municipal bodies.</p> <p>5. The charter act of the city of Jacksonville (Chapter 3775, acts of 1887) conferring power upon the city council to provide for lighting the city by gas or other illuminating material, or in any other manner, together with other specified powers, held sufficient to authorize the erection and maintenance at public cost of an electric plant of sufficient power and capacity to light not only the streets and public places in the corporation, but also for the purpose? of supplying the inhabitants of the city with electric light for use m their private residences and houses.</p>