The record-union., 1894-02-13

/
Vloe the method by which taxes are
assessed and collected. Section l04 of the
charter provides as follows:
All taxes assessed before this charter
takes effect must be collected at the time
provided for, and under the laws in force
al the time the assessment was made, and
all such taxes shall be valid and collect
able, the same as if this charter had not
| been adopted
IL follows from this section that the city
taxes assessed last September under the
| old charter are TO be collected during
April and May of the present year, and
1t is necessary for the Board of Trustees
/ to flX the rate of taxation necessary for
| the support of the municipal govern
ment,
Section 81 of the charter provides as
| follows: The Board of Trustees must,
on or before the first Monday in Septem
/ Der in each year, by ordinance, fix the
rate O. taxes to be levied, and levy the
taxes for general municipal purposes
upon all property subject to taxation in
the city. and shall also, at the time OF
making such levy. levy such direct spe-
ciaI taxes for the special and separate
! funds created or provided for as shall be
! necessary to raise sufficient revenue to
carry on the various departments of the
municipal government for the current
! fiscal year,
]
! current fiscal year, is used. [ am of
| the opinion that the word current was
! incorrectly used for the word coming"
| for 1t is maniiestly absurd that tax rate
| should be made in September and taxes
! collected partly in October and partly in
next year for the needs of the govern
ment during the same year the tax rate
is fixed. 1t certainly must mean that in
September OF each year the Board of
| Trustees must fix the tax rate necessary
! to support the municipal government for
! the next fiscal year-th2t is, from Janu-
airy of one year TO the January of the fol-
lowing year. Taking the charter alto
| gether, and constituting its provisions, it
will be seen that no other Interpretation
can be given to Section 81. 1t follows,
! therefore, in my opinion, that the Board
OF Trustees, at this time, should make the
| tax rate sufficient TO run the municipal
! government from April l, 1891, to Janu-
ary l, 1895.
In my opinion, if the ordinance sub
mitted to me should become law, the
only funds available for the expenses of
the government during the months of
| October, November and December of the
present year would be the taxes collected
next October upon the tax rate available
! in September. AS / construe the charter
to mean that these taxes are collected for
the next fiscal year, that is from Janu-
ary l, 1895, to January l, 1896, 1t would be
| illegal to use the funds for the expenses
of the government during the present
year.
l therefore advise that your board pass
a new ordinance and fix the tax rate at
! d sufficient amount so that there will be
| sufficient money for the needs of the gov
! ernment until January l, 1895, when the
other taxes can be used.
! / dislike exceedingly to disapprove the
i'm, I'D 10 ht1r I ft11l 1lxy
believe that if the present ordinance was
/ approved the city would have no
funds which it could legally use TO pay
| expenses of the government during the
| last three months of this year.
! feel constrained that as my legal duty
I must disapprove it and advise that a
| new ordinance fixing the taxes levied at
all increase rate be passed. Respectfully
submitted, b. u. STEIN MAN, Mayor.
WANTS TO FIGHT IT.
The Mayor sent to the board COM
munication received from r. L. Devlin,
counsel for the defendant in the case of
! Drew VS.. Rodgers, calling attention to the
fact that judgment had been given in IA
vor of Drew, and stating that he would
| probably sue the city for back salary as
! Chief Of Police.
Mr.. Devlin said that, as Rodgers was
personally out of the matter, the Trustees
/
case, by appealing the case. or otherwise.
| BEE ORDINANCE APPROVED.
| A message was received from the
| Mayor approving the ordinance prOhib-
| iting the keeping of more than two hives
of bees in the city by any one person.
RESERVATIONS AND NOMINATIONS.
A message was received from the
! Mayor announcing the resignation of
| Daniel Shine, Drs. j. X. Laine and II.
! w. Strader, the former as policeman and
| the others as members OF the Board of
| Health.
He then adds the nomination of Michael
| Fisher, vice Shine; Samuel Blair to be
| First Assistant City Taper, vice Richard
! Hughes, resigned, and Samuel Harper as
| Second Assistant City Taper.
The Mayor also named l.. j. Clark as
special policeman and requested his con-
| firmation by the board, to serve in the
employ of Hale Bros. S Co.
CONTRACTS APPROVED.
The contracts to supply groceries,
meat and bread for the City Prison by
Messrs. D. Dierssen Il Co., Schulmeyer
and Kent were ordered approved.
WILL MAKE ANOTHER TEST.
J. r. Edison, for the contractors who
propose to supply the city with clear
water. appeared before the board and
/
several members to say that they did not
| consider the samples of water taken from
! the well last Sunday was a fair sample of
! the quality the wells will furnish under
more favorable circumstances He there
! fore asked the board to give the matter
another trial. They certainly, he said,
would not want to accept as a test an un
| fair sample. He asked that another trial
might be made and day set for the
! board to 90 out again. He would like
| not only to have the board go out, but
also to have the matter made public, so
| that the people could go out and see and
taste for themselves.
| Trustees Davis and leonard objected to
| the city being put to any more expense.
! The board had gone out twice with no re-
suit but expense to the city.
MIR. Edison said he would provide a
team and it was finally settled that he
should notify the board of the day, and
they would go out again.
APPOINTMENTS CONFIRMED.
The appointment of William Hays as
| Doliceman came up for confirmation, and
was confirmed by vote of to l.
John L. Logue was confirmed for po
| liceman by unanimous vote.
| B. +. Taylor was confirmed for police
man by vote of s to /.
William P. Rutherford was confirmed
/ for policeman by unanimous vote.
John P. Bagley was confirmed to be a
policeman by vote Of to ,.
George w. Ficks' appointment as Su-
perintendent of Cemeteries was con-
| firmed by vote of TO 5.
l.. Saloman's appointment as Water
Assessor was voted on twice, the ballot
standing 1 to 4, with one blank. The
| third ballot elected him by to f.
! J. \. Woods appointment as hoseman
of No. 3, was confirmed by a unanimous
vote.
The nomination of John B. Rodgers for
/ Chief of Police was refused by six mega
tive TO three affirmative votes.
! RESOLUTIONS OF. INTENTION.