Wichita eagle., 1889-07-23
lied laws Of kansas Of 1885 as is pertinent

piled laws of Kansas of 1885, as Is pertinent
| to the subject matter herein, reads as fol-
lows: "That the board of county commits
sioners and authorities of incorporated
cities are hereby empowered to issue bonds
of the county or city, as the case may be,
| for any sum necessary, and negotiate a
loan thereon, for the purpose of erecting
| buildings for public purposes; provided
| such bonds shall not draw greater
amount of interest than 10 per cent per
annum, and provided further that before
such bonds shall be issued the same shall
| be ordered by vote OF the ma ority of the
voters of the county or city voting at an
election held for that purpose, as herein
after provided" As stated above, the
power to build buildings includes the
power to purchase land on which to erect
said buildings.
| Subsequent to the passage of the law last
above referred to, the legislature of Kan
sas made further provision on this subject.
| In section 80. chapter 81, laws OF 1881, it
| is provided as follows:
"For the purpose of paying for any i'm
provementS of general nature in the city
not herein otherwise provided for. the
mayor and council may from time to time
borrow money and issue bonds therefor,
but no money shall be borrowed or bonds
issued until the city council shall be in
structed Sc to do by two-thirds of all the
votes cast at an election held in such city
for that purpose" The above acts of 1868
and 1881 are not cited for the purpose OF
contrast or discussion, but simply to show
that as early as 1868 the legislature point
ed out the way and made ample provision
for purchasing building sites and erecting
buildings thereon by the issuance of bonds.
City buildings and sites for the same in
yolve the expenditure of large sums of
money to be paid ultimately by the
tax payers, and the legislature has left to
the taxpayer the voluntary assumption OF
the burdens arising theretrom and deposit
ed with them the decision whether the i'm
provements of the character indicated
be made 1t is, moreover. important to re-
member in this connection that the power
of the majority over the property, and
even the persons of the minority is limited
by law to such cases az are clearly prOvld-
ed for and defined by the statute which
describes the powers OF the incorporation.
1t certainly is not clearly provided that the
proposed site can be paid for in cash or
even partly in cash out of any funds on
hand All doubts rs to the power of the
council to appropriate money should be
resolved against the mayor and council
and in favor of the taxpayer. In con-
clusion. therefore, the only way TO pay for
the said land is by bonds authorized by
vote of the people, and to pay for it in any
other way would be an arrcgation of
power not conferred. / have the honor to
be your obedient servant,
THos. C. WILSON, City Attorney.
When the opinion had been read the
mayor concerning the work assigned him
in the matter read the following:
To the Honorable Council Of the City of Wichita:
In accordance with the resolution passed
by your honorable body July Is instruct
ing the mayor to close contract for the
purchase of lots Nos. 40, 81, SO and 55,
011sh 7 hap
leave to report, that after thorough inves-
tigation on the part of the city attorney,
whose opinion is herein enclosed. | fnd
that the mayor has no authority to sign
such a contract as is proposed. No APP
preparation has been made and there are
no funds In the city treasury from which
such an appropriation can be made. The
proposition on the part of the owners of
the lots is that the city pay $4,000 cash
in hand and the balance of $33, 600 on the
LIST of February, 1890 This would necessi-
tate the levying of sS3, 900 as taxes to be
collected on the next payment in Novem-
Der. This, with the increase of levy that
must be made to cover the sewer tax and
other bonded Indebtedness of the city.
would render the burden of taxation
somewhat grievous to be borne, and at the
present time should not be assumed.
6. W. CLEMENT, Mayor.
Healy said he did not agree with the re-
port of the city attorney.
Johnson moved the mayor be required to
sign bond to purchase the city building
site, when his honor said he would not
sign bond and referred to the opinion
given.
Johnson moved the mayors veto be not
accepted, but no second, when the clerk
jumped on to paper wanting to widen
Sherman avenue.
Coffin said johnson owed the city attor-
ney an apology for introducing a legal
opinion from outside attorneys when no
opinion had been asked for by the council.
The matter was attended with considera-
BILE interest and red faces seemed to pre-
vail johnson was said to be ''red headed
because Mercer failed to back him in his
tussle over the veto motion.
After a few minutes Of rest Mercer
moved the lumber bill of Steinmetz G.
Sullivan, amounting to SC, ASS, be allowed.
Glaze said the bill had never been pre-
scented in proper form.
The bill was read, sworn to by Sullivan,
when Glaze said council would not be
doing the city justice in paying the bill.
Downing and Carson thought the city
would be compelled to allow the bill and
had best do so at an early date.
Coffin explaining his vote said the lum-
Der had been put in to benefit contractors
and originally not thought the city would |
be compelled to pay for it. The vote show |
ed Coffin, Glaze, SchnitZler and Wight in !
the negative and other seven members |
present in the affirmative. Glaze used the |
expression privately when vote was an
tits a - steal"
The city engineer submitted report for |
storm water sewer on West Third street, |
when it was moved to adopt it. Healy |
asked for the law on the question. stating |
that the city as II whole should not pay |
for a storm water sewer out of general |
fund.
Schnitzler spoke in earnest to adopt the |
report for relief of that vicinity.
The mayor observed that the city was |
under no obligations TO provide drainage |
for the citizens electric light plant.
Healy thought if the trouble caused by /
the plant alone the company should be |
compelled to take care of its own extra
water. If it would be lawful he could sell |
some lots on South Washington avenue
johnson said East First street could be
benefited by similar improvement.
Schnitzler said he had no lots on West |
Third street to sell but he would like to |
see the people in that vicinity get relief
Glaze moved to defer action until the |
next regular meeting night which pre-
vailed
Downing moved the city attorney in
struct the Citizens electric light company
l. 4, rot