The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-09-17

and for no other purposes. The
legislature of the state, am inform
ed, has not by general law, declared
that an ice plant lis municipal pur-
pose, nor has the city of Ocala, by
general law, or special charter, been
granted any specific right or author
ity to construct, operate and main-
tain a municipal ice plant The ques-
tion is therefore square1y presented
as to whether or not, in the absence
of Legislative authority, an ice plant
can be designated as a municipal pur-
pose within the meaning of the con-
stitutional provision above quoted.
If lit is municipal purpose, then
would not a steam or electric power
laundry, or any other enterprise use
full to citizens generally, he likewise
municipal purpose? Mo franchise
whatever from THE city lis needed as
condition precedent for any citizen
to own and operate an ice plant, and
he is free to engage in the sans
just as in any other industrial enter
prise not requiring a city franchise.
If lit is beyond the charter rights and
privileges of the city of Ocalla to
construct, operate and maintain a
municipal ice plant, and to impose
taxes for that purpose, then it neces-
sarily follows that the entire clsdi-
nance would fail, as it does not pro-
vide for any separate vote upon the
projects, and if bonds are ISSUED UNI
der the ordinance they must Abe for
1905 900 i'm the aggregate, and no
part of the proceeds can be used ex-
cept for the four projects mentioned
in the ordinance For this reason, if
for no other, the ordinance should be
so framed as to provide for "a sonar
ate vote on each proposition. Your
careful attention and earnest consiid
GRAFTON is invited to this feature es-.
pecially
Fourth. The ninth paragraph of.
the ordinance as to the application of
moneys that may be raised by taxa
itfon for the redemption or payment
OF bonds provides In substance that
the same may be used for the pur-
chase of said bonds, or any part
4Hhereof, or invested in bonds of the
United States, bonds of any state,
county, or municipality, 'aor paving
and sidewalk certificates of the city
of Ocala. . When paving certificates
are ISSUED they are in favor of and
owned by the city of Ocala, and /
cannot understand why the moneys
that may arise for the payment and
/ redemption of bond tissue should be
applied to the purchase by the city
OF any obligation, lien, or security
which it already owns regardless of
4 such purchase With this provision
in the ordinance an investor would
hesitate to purchase bonds when the
moneys arising for their redemption
could be so appropriated and used by
the city. Furthermore, the owner OF
property against which paving GER
tificates may have been heretofore
3 or NAV be hereafter issued, would
be encouraged to believe that the
city had made other provisions fol
: funds, and it would invite delay ia
7 payment by the property owner o.
the amount represented by such Ger
9 tiffcates Tt is, in my opinion, thu
: duty of the city to Iigidly and strict
: ly enforce its lien against propert.
{ liable, by appropriate court proceed
: ings, instead of resorting to the in
tangible, shifting, policy Regarding
Q the same Such policy could hay
q no other effect than TO postpone tn
Q enjoyment of the funds which th
u city has a right to expect and receiy
e from the property owner resultin
q from the benefits he has enjoyed q
Z public expense.
3 There are various other objection
T which might be urged against. the o.
q dinance, but in my opinion, the for'
le going are sufficient to iIlduce me
le return the same with my disapproFa
y Respectfully submitted,
j. d. Robertson, Mayor.
In
i For Electric Plant
:. al. MI cc,z+ 1a1d