The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-07-15
Injunction Asked for Against
the City of Ocala
APPLICANTS ARE TRYING TO PREVENT COUNCIL FROM PAYING
FOR WORK ON THE NEW WATER AND ELECTRIC PLANT

Richard McConathy and H. NJ. Hamp-
ton, as solicitors, that an injunction to
restrain the city from making pay
naent TO Benjamin Thompson, contrac-
tor for the new light and water plant
now under construction, would be ap-
piled for on June 20 before Judge
Bullock. A bill of complaint, making
charges of misappropriation and mis-
application of bond moneys, was at
the same time filed with p. H. Nugent,
clerk of the circuit court. The COM
plainants are: A. A. Vandenbrock, E.
T. Spencer, Bertha L. Hogan and j.
D. Small.
The bill of complaint charges that
there is a great need for the exten-
sion of water mains to North Ocala.
1t charges that the ordinance provid-
ing for the 100000 bond issue in
1911, of which $1,000 there is $685.
900 yet available, did not authorize
the purchase of the old plant by the
city and the construction of the new,
but only authorized the equipping of
the old plant, if purchased. 1t is
charged, further, that the people of
Ocala did not vote for anything but
for the buying of the old plant and
the repairing of the same. The s75,-
900 bond issue, it is charged, was
simply for the purpose of erecting
and equipping an electric light sta
ton in connection with the water
works, but not for the purpose of
building a combined plant. For the
purpose of extending the water mains
into North Ocala, it is charged that
an additional tax will be necessary,
If the bond moneys are misappro-
priated and misapplied. The bill, also,
makes the point that there is con-
tract with the r. d. Coles Manufac-
turing company of Newman, Ca, for
the construction of the water tower,
and that this company is not joined as
a defendant, because payments to the
company are not to be made for some
time yet, and because it is impossible
to get personal service on the cor
poration, which has no agent in this
state.
Another injunction asked for was
not altogether unexpected, although
there was growing belief that there
would be no further effort to hold up
the work on the new plant. The city
had already lost heavily by delay. The
new application for an injunction
comes with large part of the foun-
dations of the light and water plant
completed.
Subpoenas will be served on all of
the defendants mentioned in the bill
of complaint filed this morning; every
member of the present council, Mayor
Robertson, Benjamin Thompson, II. G.
Sistrunk, city clerk, and w. w. Clyatt
city treasurer.
The bill prays that the city be en-
| joined and restrained from paying
out any portion Of the funds to Ben
jamin Thompson, which were derived
from a sale of the water works bonds
or the electric light bonds. A tenn.
porary injunction is asked for, with
a view te making it permanent.
Frederick Hooker, city attorney
first heard of the injunction sought
about IL o'clock. When seen he hac
not had time to look into the matter
thoroughly. Asked whether the com
plainants could be required to put NJ
| a sufficient bond to protect the city
against loss, Mr.. Hooker said tha
they could. The amount of the bono
| is determined by the court. Mr.
Hooker was not prepared to say wha
steps would be taken by the city T.
meet the application for the injunc
ton. He thought that this would b.
decided when council meets Tuesday
night.
President Nash was asked il a spe
cial meeting of council would be call
ed to consider means for meeting the
injunction. He did not think a spe
cial session necessary. The regular
meeting Tuesday night he thought
would be time enough. President
Nash called attention to the fact tina
the council at it's last meeting pro
vided for the extension of the watel
main on Magnolia street north t.
Teuton's store. Mr.. Nash also point
ed out that the city plans to extene
the water mains into North 0cala a
soon as possible, to complement tn
i sewer mains laid in that part of tn