San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1888-06-07
Has San Marcos the Rightto Issue RonGs
20 Build New Public Soheoi HOusei
Superintendent CoOper's Opin.
ion-The law In the Case.

70 Hnild Now Public School b0usef
Superintendent Cooper's Opin.
ion-The Law In the Case.
BAN MARcos, May 20, 1888.
Editor FREr PREss' -Alluding to your To-
cal of recent date In reference 10 lack OF or
assembly room st our city free school build
ing, permit me to ngi.n cal tho attention
Of our oitiEens to the necessity Of providing
better and moro adequate accommodations
for our city free school pupils. There TO-
Ing diversity OF opinion aS TO the legality
or eonstltuhonality of our Hon, City ooun-
ell having the power to issue bonds for the
erection of public echool bvilding, md
levYing q tax for the payment Of such bonds,
wrote to Hon, o. H. Cooper, suporinton-
dent OF Public Instruction, IN reference 10
the matter and received tho following reply
AUSTIN. May 4, 1883.
cbas. Hutchings,
Ban Marcos, Tex
Dear Sir:-Reterrlug To your favor My
3rd, permit me to say that the law doos not
limit the population of oity or town in
corperntcd for municipal and school purpo.
SOS in order that bonds may be issued TO
build O school house and levy special tax
for tho payment Of such bonds ! respect.
fully refor yon TO Chapter SO, page 90, Gen
oral laws of Goth Legislature After these
bonds hive been Issued their payment must
be provided for until paid by succeeding
City Councils. Very Respectfully,
o. II. CooPER,
State Supt. Pub. Inst,
Tho chapter referred to 10 Gs follows:
CHAP. 65-[H, B. No. 377.1 An act to
authorize cities and tows to lovy and collect
taxes for the construction or purchase of
public buildings, water works, sewers, i'm
provement OF streets and other permanent
improvements, and to issue bonds therefor
and to repeal oil laws In conflict shorewith.
SECTION /. 30 10 enacted 6y the LegiSlG.
turs of thOI,St0te Of Teas That the city or
town council of any city or town within this
State, incorporated under the General Laws,
sball have power by ordinance to levy ana
collect IN annual ad valorem tax sufficient
TO meet tho interest and sinking fund on MI
Indebtedness legally incurred prior to tho
adoption of the constitutional amendment
in 1888 regarding the power of cities aud |
towns to levy and collect tayoB, etc., and |
may levy and collect twenty 1.-Two cents on !
the one hundred dollars valuation of all the |
property in such city or town for current |
and may levy and collect an addi-
tionnl tax of twenty-five cents on tho one
hundred dollars valuation for the purpose
Of constructing or the purchase OF public |
buildings, water works sewers, street. i'm
and other permanent improve
ments within the limita of such city or town;
and oil cities and towns providing for such
shall have The power to issue
coupon bonds of the city therefor. in such
sum or surne es they may doom expedient,
10 beer interest not exceeding six per cent
per apnum. ProgiGeI, ThoE the aggregate
amount of bonds iseued for the above named
purposes shall never reach IN amount whero
the tax of ono-fourth OF ono per cent will
not pay current interest and provide o sink
ing fund suficiont TO pay the principal at
and the amount Of bonds legally
ssued under acts passed prior to the adop-
ion OF the present constitution shall not be
in estimating the amount Of bonds
which may DO isaued for tho above named
,ity improvements. Within the meaning of
his act ahall be included building sites and
for the public free schools ond In
Ititutiors Of learning within those which !
nave assumed. or may esaurle hereafter, the
exclusive control and management of the
public free schools and institutions of learn
pg within their liu1itn.
SEC. Q, That oil laws in conflict with this
yet are hereby repealed,
SEQ. s. Whereas there 10 sone doubt na
% the existing power Of cities and towns
within this State TO levy Dad COLLECT taxea
or the purpose of improving such cities and
owns; and whoreGe there ore many cities
nd towns without the necessary means to
nsde needed permanent improvements, and
or the reason that it is important that def
lite power should be given to conform the
Ok law Of such cities and towns to the
.mended Constitution: therefore IN enler-
,ency exists end en- imperative public me-
essity demands the suspension of the con-
titutional rule requiring the bill to be read
N throe several days in each house, and
did rule IL 20 suspended, and that this aot
AXE effect and be in force from aud after
rs passage, and II is 90 enacted.
rNoTE. The foregoing act originated in
he House, and passed the same by vote
f 65 yeas, 20 nays; and passed the Senate
y vote Of q yeas, 8 nays
Approved, March 20, 1887.
Now, Sir, this seems plain TO como Of as
hat our present City Council has the power
0 issue such bonds and levy special tax,
which shall be in force with enoh successive
Jounoil until such bondg are paid. IF thia
] not 80, will some opponent Of tho meas-
re kindly show ua where we ore In eTrorT
f We cannot do by law whet nearly eli Of
~ conoede Is needed, namely: erect and
urnish O school building Commensurate with
he demand of the times, we should LET the
natter drop until better laws ore enacted,
'ut if we can by law, let's DO It md aB coon
g possible.
Hoping others more Interested will take
10 the matter and push It till our present
ye-sore and disgrace of 8 school building
ives place to one new and cor1r1odious
be pride Of our beautiful little town, ro-
main, Respectfully,
OHAe. HUT5zIEGs.
Trsss. City Schools.
Personal