
    STATE v. CITY OF ST. AUGUSTINE et al.
    Supreme Court of Florida.
    Aug. 11, 1936.
    Murray Sams, of De Land, for the State.
    E. N. Cahoun, of St. Augustine, and Thos. B. Adams, of Jacksonville, for ap-pellees.
   PER CURIAM.

This appeal is from a decree validating $113,000 of water revenue certificates to be issued by the city of St. Augustine, Fla., without an approving vot-e of the freeholder electors of the city, as is required by section 6, article 9 of the Constitution of Florida, as amended in 1930, when bonds of the city are issued.

The proceeds to be derived from a sale of the water revenue certificates are to be used for the necessary preservation and improvement and for necessary additions to the existing waterworks system of the city.

The water revenue certificates are to be paid solely from the revenue derived from the operation of the said waterworks system, and not otherwise.

The dqcree validating the issue of $113,-000 water revenue certificates to be issued by the city of St. Augustine for necessary improvements and additions to the existing waterworks system of the city without an approving vote of the freeholder electors of the city is supported by the pleadings and evidence adduced in the court below,-and the issue of such certificates not being in violation of section 6, article 9 of the Constitution, and being otherwise authorized by law, such decree should be affirmed on the authority of State et al. v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Wilson v. City of Bartow (Fla.) 168 So. 545; Boykin v. Town of River Junction (Fla.) 169 So. 492; Kathleen Citrus Land Company v. City of Lakeland (Fla.) 169 So. 356; State ex rel. City of Vero Beach v. MacConnell, No. 1 (Fla.) 169 So. 628; Williams v. Town of Dunnellon (Fla.) 169 So. 631, Bradley v. City of Homestead (Fla.) 169 So. 639, decided at this term; and other like cases recently decided.

Affirmed.

WHITFIELD, C. J., and TERRELL,* BUFORD, and DAVIS, JJ., concur.

ELLIS, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State ex rel. City of Vero Beach v. MacConnell (Fla.) 169 So. 628, filed August 3, 1936.  