The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-07-22
WILL
NOT Be ISSUED
Another Attempt to Stop Build
ing City Plant Knocked Out
JUDGE BULLOCK GIVES SOUND LAW AND COMMON SENSE REASONS
WHY THE WORK SHOULDN'T Be INTERFERED WITH

x Judge Bullock this morning refused
to issue an injunction against the
city to A. A. Vandenbrock, ct al, COM
plainants against the city of Ocala, in
the matter of building the new water
and electric plant. Following is the
text in full of Judge Bullock's de-
cision:
A. A. Vandenbrock, ct al, Complain
ants, VS.. City of Ocala, ct al, De-
fendants-Order.
This cause came on to be heard on
application for an injunction. The
pleadings are too numerous and vol
luminous to undertake to be passed
upon only in so far as to determine
the right to the order.
Briefly, the bill alleges the passing
of an ordinance in 1911 to submit to
the registered voters the question of
bonding the city for 100000 for the
purpose of s'buying and equipping or
constructing and equipping water
works; that the election was duly
held, and at such election a majority
lof the voters approved of the bond
Issue; and that Of said issue of $780,
900 Of bonds $4,000 was sold and
$55, 900 left in the hands of the city. Tt
then alleges the ownership by an in
| dependent corporation of the "entire
water works in the city,; that the
purpose and object of the ordinance
was to authorize the city
Ito either construct a new and inde-
pendent plant or to purchase the old
plant" as the council should deem
1it ito the best interests of the city to
chase" the old plant owned by the
ste corporation, and that the pur-
was made for the sum of $42,-
II, and paid for out of the $45, 900,
q the remainder to be used Gin ex-
ending mains and in making addi-
Sns to and eqnipping the said plant.
Thereafter, in 1914, another ordi-
nance was adopted, providing for
bonds to "the amount of $4,000 for
the purpose of erecting and equipping
|an electric light station in connection
with the said water works." and for
Ipther purposes, and this ordinance
was submitted to and approved by
fhe people.
N In April, 1916, the council entered
into contract with the defendant
Thompson "for the construction of an
Electric light and power plant, and
rater works plant, i'm and for the city
Npf Ocala," thereby undertaking to
construct and equip "a new water
works plant" combined with "new
Electric plant" and that the contrac-
Eor is to be paid out of this money.
w It is sought by this action to enjoin
Fuch payment.
M The gist, crux and gravamen of the
complaint is, that the city council,
nder the authorization given it by
he ordinance of 1911 Of "buying and
quipping or constructing and equip |
Ping water works for the city of |
cala," is illegally undertaking to do
10Th.
It is alleged that it was within the
discretion of the city council to
ither .buy and equip" the old water
liant from this private corporation, or
construct and equip" new system,
nd that the city has exercised this
discretion that was given it, and did
urchase the old plant, and is now un-
ertaking to construct and equip q |
ew plant. In other words, that is the |
ity was authorized to do either one
: the other, buying and equipping or
pnstructing and equipping, and, hav-
lg elected to buy and equip, they are
bw undertaking the constructing
q equipping.'
fsere is no charge of fraud or i'm
roper conduct of any kind, or any
ifd of dishonesty on the part of the
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