The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1952-08-15
CITY WILL BUY
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municipalities receiving such tax
es, to the cost, purchase, building,
designing, engineering, planning,
repairing, reconditioning, altering,
expanding, maintaining, servicing
and otherwise operating CD streets,
ca bridges, ~ storm sewers, (4)
curbS, go drains, (6) cutters, CD
water supplies, (S) sanitary facili-
ties and (9) services for the pre-
vention, protection or improvement
of the public health and safety, in
Guiding hospitals, fire stations and
fire fighting equipment, sanitary
sewers, sewerage disposal sys-
TENS, sewerage disposal plants
and facilities, garbage and refusal
collection and disposal services, ia
cilities and equipment, incinerators
and other facilities and services,
including street cleaning, inspec-
tons and (10) services for the pro-
lection of public health, including
the enforcement of ordinances de-
signed to maintain safe health
standards with respect to foods,
mosquito, insect and rodent eradi-
cation and control, and (11) the
removal and abatement of nuisan-
ces which may be or constitute
dangers to public health, and (12)
the exercise of controls for public
safety, (13) facilities for the pre-
vention of beach erosion, (14) the
enforcement of the laws of the
State of Florida and municipal or
dinances with respect to public ira
vel, health and safety, and (15)
such other functions as are per-
formed by municipal governments
within their boundaries and are
otherwise performed by the state
and county governments outside of
the limits Of incorporated munich
palities.
The Supreme court of this state,
in Pensacola v. Fillingim, Fla, 46
So. I'd. S76, held that the establish
ment of a recreational pier and
auditorium was not within the
above mentioned statute. Although
a municipality has, or may be
granted power and authority to es-
tablish and operate wharves, docks
and piers (63 C. ]. S. 6SS, Section
1855 and cases cited) we find moth
ing indicating that such facilities
are usually performed by the state
and counties. We find no satisfac-
tory legal evidence that such ia
cilities are in the same classical
ton as streets and bridges forming
a part of a state road or highway;
although it is stated in s. c. J. S.
6s3, Section 1855, that "a public
wharf on a navigable stream, con-
nected with public streets and in a
sense an extension of such streets,
is in the eyes of the law a public
highway" such statement is sup
ported by only one case. 1t has
been held that a state or county
may own and operate docks and
wharves (6S C. J. 205, Section S and
Sc Am. Jur. 1882, Section 23); how
ever, it is doubted that the opera
ton of such facilities are general
in this country.
Docks and wharves not being
within any of the express provi-
sions of subsection 50 of Section
zoos, Florida Statutes, we are un.
able to say from the authorities
that such facilities are clearly
within the purview of said statute
by implication. We, therefore, feel
that the question is a judicial one
that should be determined by the
courts upon proceeding for decla.
ratory decree or In a bond valida.
ton proceeding.
Yours very truly,
A