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· 8/15/1921

Meeks v. Fink

Citations

  • 82 Fla. 244
  • 89 So. 543

Syllabus

<p>1. Municipalities are legal entities established, for local governmental purposes and have and can exercise only such power as is conferred by express or implied charter provisions, and the existence of such power cannot be assumed but must be made to appear.</p> <p>' 2. Under the Constitution of this State (Sec. 8, Art. VIII) the Legislature may confer upon the governing body of a municipality power to fix the salaries of its own members.</p> <p>3. Because of its extraordinary character charter provisions of a municipality will not be construed as conferring power upon its governing body to fix the salaries of its own members unless the intent to do so is expressed in language the meaning of which is clear and unmistakable.</p> <p>4. The ordinance of the City of Miami under consideration increasing and fixing the salaries of the city officers, including the members of the city council proposing and adopting it, held to be invalid in so far as it attempts to increase the salaries of the members of the city council, because not clearly authorized by the provisions of the city charter.</p>

Judges: Browne, Ellis, Taylor, West, Whitfield

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