The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-08-20
OF THE CITY
COUNCIL

The city council Of Ocala held reg
ular meeting at the council chambers
on this, Angus: 18th, 1909, will the fol-
lowing members present: E. T. Hell
venston, president pro TEN, presiding,
A. G. Gates, G. A. Carmichael, H. c.
Jones, D. L. McIver and H. d. Stokes.
Building permit was granted the
Masons to erect a Masonic lodge room
on block rs Old Survey, Ocala.
It was requested and granted till
further notice by the council that the
sewerage connection of the said build
ing be connected with the city sewage
we'll without cost
A permit was granted to E. T. Hell
venston and W. T. Gary TO erect an
awning in front of the Gary block of
iron posts with roof of galvanized iron
on wooden supports.
Anderson to remodel and repair his
building on block As, Old Survey,
Ocala.
Councilman Gates introduced an or
dinance entitled IAN ordinance to
amend an ordinance entitled an Ordi-
ance to prescribe the fire limits of the
city of Ocala" Said ordinance was
referred to the judiciary committee.
The semi-monthly pay roll Of offic
ers amounting to $336.5O and semi
monthly pay roll of the electric light
plant for $192.5O were ordered paid.
There being only two bids in for the
remodeling of the city market, the
said bids were rejected and the clerk
instructed to re-advertise for further
bids to be considered at the regular
meeting of the council to be held on
Sept. eth, 1909.
| The vacancy on the board of health
caused by the death of DR.. Powers
was considered and DR.. D. NJ. Smith
was elected to fill the position.
1t appearing to the council that the
city inspector, DR.. E. P. Guerrant, was
and had been out of the city for some
time. the salary of the said Guerrant
as milk and meat inspector was dis
continued.
Mr.. w. H. Hooker presented to the
council certain outstanding scrip and
asked to have same paid by the treas
urer. After having the city attorneys
opinion on the liability of the city to
pay same, it was ordered that the clerk
draw a warrant to Mr.. Hooker in the
sum of S424O for the payment of this
scrip in full.
Sidewalk Ordinance Can be Enforced
| Ocala, Fla, Aug. II, 1909.
To the City Council of the City OF
Ocala:
Gentlemen-In the matter relative
to the liability of the city of Ocala
on certain outstanding scrip. to-wit:
No. 1899, dated Nov. s, 1902, for
s241O, payable to c. L. Moore, and
No. 1881, dated Feb. 4, 1908, for 80
payable to J. F. Williamson, William
Hooker appears to be the legal owner
of the above pieces Of scrip at the
present time By reference to these
pieces of scrip, we find the seal OF
the city attached to each. They ap
pear to be specialties under seal, and
| therefore the statute of limitations
would not bar them until the lapse OF
twenty years from date of scrip. In
Iterest would not cease to run or &C
crue on this scrip until after a legal
tender of the principal had been
made to the owner or some one au
! thoried to accept the same. ...
Notice by the city recalling the
scrip would by no means release the
city from the legal obligation to pay
the outstanding scrip. The law laid
down by a decision of our supreme
court. in the case Of Elijah Johnson
appellant, VS. the county of Wakulla
Iappellee, is in my opinion applicable
to the case under consideration. In
above cited case, the supreme court
said: "A county warrant, drawn by
the county commissioners on its
treasurer, and attested with the sea-
of the county. is a specially under
seal, and is not barred by the stat
iutes of limitations until the lapse o.
twenty years after its maturity"
:, | am of the opinion that the city il
legally liable for the payment Of the
} above mentioned scrip.
Very respectfully.
CARLOS L. SISTRUNK,
Citv Attorney