The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-31
NO BONDS At PRESENT,
The City Attorney Says that Helen.
Cannot Lawfully Issue More
Coupon Bonds,
This Question win Be shelvef, IN
til . New Charter is se-
cured.
All Street Work Ordered sto,n..,
City Hall Extension-.New Light
Contract Wanted,

The city fathers held regular weekly
session last night and disposed Of n largo
baton o. business in = prompt and business
like manner. In the absence Of the mnvor
the junior alderman of the Seventh, Mr..
Jno. w. Thompson. WAS elected to the
chair and discharged the duties with
promptness and precision. The other al.
dermen present were Lissner, Garrett.
Hartwig, Hanley. Theme, Richards. wit.
mer and Gallagher.
The most important matter before the
meeting was the report OF City Attorney
Smith upon the right of the city to bond
itself in the additional sum Of S150,OoO
The city's counsellor does not think that it
can be done legally until new charter is
obtained. Following is his report, which
was received and filed. It practically means
that the bond question has been dropped
for tho present:
and Council of Helena Gentlemen: The
matter of the power Of the city to issue
bonds to the extent of &150, 900 to fund the
floating debt of the city having been re-
ferred to me for an opinion, submit the
following:
Sec: of an act of the legislative as
sembly Of Montana, passed and approved
Feb. 18th 1889. provides ''that any incor-
porated city or town having an assessed
valuation Of 100000 or over may submit to
the qualified electors Of such city, the ques.
ton whether coupon bonds shall be issued
on the credit OF such city not exceeding. in
Guiding existing Indebtedness, per- cent
of it's assessed valuation, for the purpose Of
constructing water work, public buildings,
street grades, bridges, sewers or other pub
llo improvements.
This power to issue bonds to tho extent
of four per cent Of the assessed valuation
is further limited by section s, Of article
which declares that all indebtedness Of
cities in excess of three per centum of the
assessed valuation shall be void.
It will be observed that the. purposes for
which bonds may be issued are set forth
and defined in section one of the act Of
TO issue bonds for the funding of city debt
or paying off its warrants is not conferred
by said act.
Again section 81 of the amendments to
the city charter on page l6, passed Feb. q,
1883. provides that the city may issue bonds
to the extent OF $D,OW, for the
the fire department. or for the
erection of permanent improvements or for
taking up outstanding warrants against the
city treasury.
This is the only authority to issue
bonds for taking up the city " w ar and
oppinion the city has not the power or
authority to issue bonds for taking mp the
the city warrants in excess Of $20sO00.
And while on this subject wish to call
the attention of the city council to section
ID on page 80 of the city charter, which was
passed and approved March IL, 1886. It
will be seen BY reference to said section
that the city council is prohibited from is
suing or causing to be drawn any warrant
against the city treasury Except in pay
mont OF contingent expenses or the fulfill
ment of contracts existing on the 18th of
March, 1856 unless at the time such war
rant is drawn, there ID funds in tue city
treasury not otherwise appropriated to pay
it.
The action of the city council in making
contracts for the purchase Of lands or
other public improvements and the issue
of warrants against the city treasury when
there is not funds in the treasury to pay
such warrants is without authority of law.
Ae'pei Ronn. b. SMITH,
City Attorney.
The summary of the other business trans
acted is as follows:
Keenan & Anderson, contractors, were
allowed by ordinance warrant for the sum
Of &2,249. being the balance due on their
city hall contract which has been completed.
It is estimated that the cost OF finishing
the extension will be 5000. The building
inspector was instructed to draw up the
necessary plaas and specifications and adj
vertise for proposals for the work.
The street and alley committee reported:
Favorably on the petition for sidewalk on
the north side of Ninth avenue. with the
proviso that the owners of admitting proper
ty shall assume the cost. Favorably on the
acceptance Of the plat OF the Court House
addition. Both reports were adopted.
The light committee reported favorably
on the petition for more electric light on
north Main street, and suggested that u be
placed at the corner OF l.awEence on Main
street. The report was referred back to the
committee with power TO act ana to have
the light located q some DINER point on
Main street.
In view OF the fact that the contract with
the Helena Electric company Tor lighting
the streets expires to-day. the clerk was in
structed to advertise for bids Tor Lighting
the city for she ensuing year. Ana TO draw
the contract up with view 20 obtaining an
hour system OF WINTER ana summer eys-
tenn: Alderman Gailagner suQ9esteo That
BY tne presens moonuens system tne city
pays JUST az nucn Ior Aeas N summer,
when the nlRnts are snoit, ~ ~ does III
winter. -
y. +. Evans son, WHo nave Just COM
pleted the contract Tor Rradlng HOWE
street. were awarded warrant Tor $5bS. 10,
Deing the balance cue. AMoRetner tney
cleared W CUBIC yasus OF earth ~ tosal
COST 10 tne CITY Q! POI ~.
Several small pills 20 =. Z. ulDson. ior
rnoDer Stamps, Tue Sslsphone company anu
TO a. j. DAVIDSON a. Co.s iePofteo py tne