The herald., 1894-05-11
THE SCHOOL BOND PROJECT,
An Opinion Submitted by the
City Attorney.
He Says the Council Must Handle
the Coin.
He Intorprets tho Law on tho suhj act
and Takes the Ground That the
School BOARD Cannot Spend
Single Cent.

The members of the school board are
anxious to know who will have the
spending of the money in building new
school houses in case the people vote
bonds for that purpose.
A communication was sent to the city
attorney some time ego asking for an
opinion on the question, and yesterday
the following was submitted by Attorney
Mcfarland:
In answer to your communication ask
ing my opinion regarding the authority
OF the board OF education to expend the
money derived from the sale of school
bonds, in case such bonds are voted by
the people, reply as follows:
All bonds issued for the purpose OF
erecting school houses must be ssued in
pursuance OF the provisions of the act of
March 10. 1898, providing for mourning
OF indebtedness by cities for public inn
provements, where the cost will be too
great to be paid out OF the ordinary an
nual income. This act provides that sill
steps to be taken and all contracts made
shall be under the direction OF the city
council. The provisions OF this act in
this regard are as follows:
Sec. g. 1t shall be the duty of the
legislative branch of every city, town
or municipal corporation wherein public
improvements are being made under
the provisions of this act to make all
needlul rules and regulations for carry
ing out and maintaining such improve
msnts, to appoint all needful agents,
superintsndents and engineers to prop
erly look after the construction and op.
Grafton Of such public works, and in all
lawful WAYS to protect and preserve the
rights and interests of the municipality.
Sec. 10. All contracts for the construc-
ton or completion of any public work
or improvements, or for furnishing labor
or materials therefor, as herein pro-
vided, shall be let to the lowest respon-
sible bidder. The legislative branch OF
the municipality shall advertise for at
least 10 days IN one or more newspapers
published in the municipality, inviting
sealed proposals for the furnishing the
labor and materials for the proposed
Improvements before any contract shall
be made therefor. The said legislative
branch shall have the right to require
such bonds ~ they deem best from the
successful bidder to insure the faithful
performance of the contract work. They
shall elso have the right to reject any
and all bids.
Section of the same act provides that
before the proposition is submitted to
vote that the council shall have plans
and estimates made by a competent
architect.
1t will be seen from these provisions
that the entire matter of issuing bonds,
adopting plans, letting contracts and the
supervision of the work is in the hands
of the council, and they have the right
to buy the lot, build the house and fur
nish it, and then turn it over to the
board of education, who then for the
first time have anything to cay in the
matter.
When the school houses were built
few years ago by the proceeds OF $780,
600 bonds the council and board of edu-
cation met together and agreed upon the
plans of the buildings and their location,
but all contracts were let by the council,
and the money disbursed and expended
by them.
A talk with several OF the councilmen
revealed the fact that while they admit
the need OF new school buildings, thei-
constituents have urged them to delay
the presentation of a bond ordinance
until more suspicious time.
Persons who sympathize with the af-
hicted will rejoics with D. E. Carr of
1885 Harrison street, Kansas City. He