The Morning herald., 1876-07-28

CITY COUNCIL.

CITY COUNCIL.
Regular westing Report of Co,nnsstsee-
Proposals. Recetved Report of CITY So
Ictt0r. a
City Council met last evening in regular
session, with President Lichenstein In the
chair.
The Finance Committee reported adverse
ly on petition of William Bennett to refund
taxes adopted. Reported favorably on Pc
tition of Enoch Moore, Jr., to have capita,
tion tax refunded to him to the amount Of
$3.50 adopted. G. W. Rowell's bills were
found correct.
Street Committee reported favorable oh
the petition of E.W. Jackson and Others, for
guttering and paving on Monroe street, cost
SIS. Adopted. Reported favorably on
Alfred Lee and others, and recommended q
new cuIvert at the top of Orange street, cost
$3.50. Adopted Report favorably on pc
tition of Spreohl, for paving on Walnut
and Spruce streets. Reported favorably on
petition Of T. Curry, for paving the bed OF
Taylor and KirkWood streets and Kirkwood
and Buttonwood, cost 1915. Adopted. Ok
z. Ferris for paving both sides of Elliott
avenue, cost $4OO. Adopted. OF q. Nc
Closkey, paving bed Of Walnut street from
Front to Fourteenth, estimated cost. 81 900.
Objection was made to this, because of the
great cost attached to it, not only to the
city but to the property holders along it,they
would have to pay at least from 10000 to
$500 and that these hard times would
be an item. A vote was here taken and or
dered to be referred pack to the committee.
Reported division of the work In paving
Church street. Adopted. In favor of
awarding contract for furnishing curb, to
Collins & Oliver. Adopted. .#-
Joint Committee of Street and Water
Committees reported attended cleaning out
sewer on Second street. Adopted.
Law Committee reported that they could
find nothing in city charter contrary to the
construction OF a sewer over Shipley Run
Adopted.
Special Committee on Law reported that
they were unable to prepare an ordinance
authorizing the city to issue warrants for
the completion of Cool Spring Reservoir
Here they presented the opinion OF City 30
licitor, which was as follows:
Wilmington, Del, July ~, 1875.
R. H. TAYLOR, ESQ.,, Chairman of the Law
Committee City Council,
DEAR SIR:-In response to your inquiry
whether the City Council has the authority
| to direct the drawing of warrants on the
City Treasurer, for the completion of Cool
Spring Reservoir and the relief of the work
ingmen, 1t is my duty as solicitor to dis
cuss. not the necessities of the case or the
policy and expenditurer of any ordinance or
resolution before Council, but the law bear
ing upon and the authority of Council OF
taking action thereon. To this duty shall
confine myself.
The City charter (see page 51) provides,
that the funded debt of the city being equal
to the sum limited by the Legislature, shall
not be increased at the will Of Council, but
only as authorized by act of the Legislature
and that ''ordinary debts and liabilities" OF
the citv shall be paid out of the taxes, rents,
or receipts of the year for the time then
current: and if the said debts and liabilities
shall be so paid, the members of Council
present when the ordinance order or pro-
cceding OF Couhcil, under which the
debt or liability arises, is passed,
who do not vote against it become person
ally responsible. The only exception to
this is Sec. 50, in case of loss or injury to
City Hall, or Water Works by calamity
casualty, q temporary loan may be
made by City Council with thu
!. concurrence of two-thirds of ali
the members to replace or repair the prop
erty injured.
No money shall be paid out of the treas
ury unless the same shall have been appro,
priated by the City Council at Its first sta
: ted meeting in January, and specified and
arranged under the heads of items designa
} ted in the estimate of the probable revenue
and expenses for the ensuing year, made the
preceding November, and the City Treas
!, urer is liable to fine of $500, and he lard
his surities are liable for any money pait
by him out of the Treasury contrary to tho
provisions. If an extraordinary occasion
occur the appropriation may be increasef
by two-thirds vote of all the members O.
r Council.
! SECTION 46-4S,
, The act of General Assembly, entitled (
"further supplement- to the act entitled al
: act to limit the city debt of Wilmington, ant
to provide for the discharge thereof, passe'
April 8, 1878, and the additional supple
ment thereof, passed March l, 1875, author
} lied and empowered the Mayor and Council
: of Wilmington, under an ordinance OF Cit
| Council to borrow sum or sums of meme
+. not exceeding in the aggregate S325. 900 Il
, addition to the present funded debt OF tn
, city for new water reservoir and for i'm
proving the water works of the city land 70
certain other purposes in said acts mentioned
Persuant to said acts of the General As
s semby and ordinances of Council, passe
: July so, 1874, and May z, 1875, the fu1
: amount of $325, 900 has been borrowed o
r the faith and credit of the city for the con
r struction of Cool Spring Reservoir.
When this amount shall have been eS
r pended, the City Council will be withou
authority, except by act Of the Legislator
hereafter to increase the funded debt of tn
city for the construction and completion {
t Cool Spring Reservoir; and the work pre-
, vided for in said acts of Assembly, issuin
of bonds, warrants or whatever modes ma