Judges: TERRELL, J. —
Attorneys: Giles Gurney, L'Engle and Shands, for Appellant;
W. M. Toomer, Scarlett, Jordan, Futch Fielding, and Murray Sams, for Appellees.
Filed: Mar. 13, 1928
Latest Update: Mar. 02, 2020
Summary: April 14th, 1927, the appellees as members of the Board of County Commissioners of Volusia County, Florida, entered into contract with appellant to construct a court house at DeLand on a certain lot owned by the said County of Volusia. On May 6, 1927, appellant, T. K. Apgar, on approval of said Board of County Commissioners assigned and set over all his interest in said contract of April 14th to James Peterson Construction Company, a corporation, and on May 10, 1927, said James Peterson Construc
Summary: April 14th, 1927, the appellees as members of the Board of County Commissioners of Volusia County, Florida, entered into contract with appellant to construct a court house at DeLand on a certain lot owned by the said County of Volusia. On May 6, 1927, appellant, T. K. Apgar, on approval of said Board of County Commissioners assigned and set over all his interest in said contract of April 14th to James Peterson Construction Company, a corporation, and on May 10, 1927, said James Peterson Construct..
More
It is not necessary in this case, as pointed out by the opinion, to determine whether, under Section 5 of Article IX of the Constitution, the legislature could compel County Commissioners to assess and impose taxes for a purely county purpose. The Act in question undoubtedly authorizes the levy, and if the word "require" be deemed to have been used in a compulsory sense, it may be ignored or omitted and yet leave the Act a valid and workable law, authorizing the expenditure and the imposition of taxes to pay for it.
