Switzer v. City of Phoenix

In Switzer v. City of Phoenix, 86 Ariz. 121, 341 P.2d 427 (1959), the court was asked to decide whether the City of Phoenix's issuance of highway improvement bonds, payable from the City's share of state-levied Motor Vehicle and Gasoline Tax receipts, violated the local-debt limitation established by the constitution. 86 Ariz. at 123-24, 341 P.2d at 428. The court first cited the majority view that "an obligation payable from a special fund created by the imposition of fees, penalties, or excise taxes and for the payment of which the general credit of the taxing authority is not pledged is not a debt within the meaning of constitutional debt limitations." Id. at 124, 341 P.2d at 428. The court then decided to follow the majority rule "at least to the extent where the fund from which the obligations are to be paid is created by voluntary contributions of the state to the city." Id. at 124, 341 P.2d at 428-29.