The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-11-15


! $3.50 10000 out of and as a part of tn
proceeds of the sale of said bonds a
aforesaid.
s. That they have caused the SAT-
ordinance to be published. the same
having been introduced and read 70
the first time on November Z. A. D
1921, and that it is proposed to call tbs
same up for final passage on November
10th, A. d. 1921, at 200 o'clock p. m.
or at an adjourned meeting called fol
that purpose at a day not yet named
and that publication Of notice of the
same occurred for the first time or
November Sth, A. d. 1921, in the PEN
sacola News, and that two other publ
cations of notice of same win be given
on successive days, and that the said
defendant city commissioners will not
give any other published notice of the
said proposed ordinance, it's pendmcy
or passage.
Z. Complainants are informed and
believe, and upon such information and
belief allege that the defendants, the
said city commissioners acting a a
board of city commissioners of aid
city, intend and viii, unless restraned
by injunction of this court, immediae-
| ly after the final enactment of the pr
dinance aforesaid, accept a deed fpm
the said proposed grantors and ay
over to them the said sum of SIP
10000 without further publicationsof
notice of the said ordinance, and WIN
out having first published the said a.
dinance for a period of four conseu-
tive weeks in one of the newspaprs
published in the city of Pensacola, as
provided by section Is of the charer
of said city and without waiting be
lapse of thirty days from the fiRl
enactment of the same.
s. The complainants allege that te
said acts and doings of the defendants
and each of them are illegal and vol,
land if consummated viii be void, an
if permitted and not restrained w
work irreparable injury to each
compliments, and that the said bons
are the obligations and indebtednes
of the city Of Pensacola, and the pros
erty, real and personal, of complairll
ants will be subject to the levy of tasl
to provide for the payment of interes
and sinking fund for said bonds; AMI
compliments have no other adequate
remedy in law or equity to protecl
their rights in the premises.
8. Complainants are advised and
upon such advice allege that the pro-
ceedings aforesaid of said defendants
are illegal and void for the following
reasons:
(a) The said commissioners have
Inrv t1o 60
for the city of Pensacola:
OBJ That the question voted upon
at the election of the Both day of De-
.cember, 1919, and subsequently vail
dated by the act of the legislature
above named, limited the city commits
.sioners to establishing, constructing
and equipping municipal wharves Of
docks, and for the purchase of prop
erty necessary to be used as sites for
such purposes, and the said acts of the
commissioners contemplated, if con-
summated, will in effect be the pur-
chase of a dock.
fc) That Section 26 Of the Charter
Of the city of Pensacola authorizes the
board of commissioners by ordinance
to construct, own, equip and operate
wharves and docks, but not to pur-
chase wharves or docks.
cd The compliments are informed
and believe, and upon such information
and belief allege the fact to be that the
title to such property, to-wit: PalafoS
street wharf, is not in the proposed
grantors, but in, to-wit: the State OF
Florida;
(e) That if the defendants, the
city commissioners. are permitted tc
pay the said sum as consideration for
the transfer Of the property aforesaid
it will have the effect of SO depicting
and exhausting the fund now held by
them, to-wit: approximately $685.
10000 voted by the people for the es-
tablishing, constructing and equipping
of one or more municipal docks, etc,
when in truth and in fact the said
dock so to be purchased, if purchased
is not established or equipped as mu-
nicipal dock, and that the balance of
the fund left after the payment for
the said property, will not, in the re-
hottest degree, be sufficient to estab-
Iish, construct or equip any kind of a
municipal dock for service as contem-
81, 1912, and the vote of the people
in pursuance thereto. and that there is
no other fund now available to the city
Of Pensacola or which is provided for
by law and which may be made avail
able in the future, which may be used
in the establishing, constructing or
equipping Of said property as munic-
ipal dock, except the said balance of
said fund after deducting $1S0.000.00,
or, to-wit: s45,00O00. which sum is
wholly inadequate to establish, con-
struct and equip municipal dock at
or upon the said proposed purchase,
and complainants have submitted as
Exhibit b" to their original bill of
complaint, report of the American
Society of Engineers setting forth
more in detail the unfitness and made
quacy OF the proposed Palafox street
property as a dock, and pray that same
may be made a part of this, their bin
of complaint;
e. Complainants are informed and