San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1894-08-01
SEWER BONDS LEGAL.
Attorney General Says the City Has
Authority to Issue.

'
torney Generals depar tment todn
answered the question submitte
by Mayor Paschal, of San Antonio
as follows, holding that the cit
has the power under its C harter t
issue sewer bonds:
ATTORNEY GENERALS OFFICE,
AUSTIN, Ten, July 81, 1894.
Hon. George PaSchal, Mayor San Anto
MO, Texas.
Dear Strive have your lette,
of the 23d inst, in which you sub
nit the following question ~
the City of San Antonio complies
with it's charter provisions regu
lating the issuing Of interest bear,
ing bonds has said city, under sec.
tiUn 10 of it's charter as amended In
1891, the right to issue it's interest,
bearing negotiable bonds for the
purpose of constructing a system
of sanitary sewerage for the City OF
San Antonio"
The question is as to the pri-
mary authority of the City of San
Antonio under it's charter pro.
visions to issue bonds for the pur-
pose of constructing a system of
sewerage within said city.
Section Az of the charter purports
to confer upon the city the author
ity to issue bonds, and while this
section is not happily wOrded nor
altogether free from ambiguity,
still by keeping in view the well
established rules of statutory con-
struction and giving effect to every
clause, | think the legislative in
tent may be arrived at safely.
To properly arrive at the legisla-
tive intent it will be we'll to con-
slider the wording of said section
43 as it was originally enacted and
the charges made by the several
amendments thereto. Section 43 as
amended March 4, 1894, reads: "To
borrow money on the credit of the
city, and issue bonds therefor, to
an amount not to exceed $4,000
during one year. To make loan
exceeding $50, 900 the question must
be submitted to the property tax
payers" etc, and further provides
that "no loan shall be made for
any purpose or purposes other than
those connected with the corpora
ton of said city; and no loan shall
be made to aid any private enter
prise, railroad or undertaking not
under the management and control
of the city council.
This evidently intended to con-
fer, and did confer, upon the city
council power to issue negotiable
bonds for the purpose of construct
ing permanent Improvements of
every character connected with the
corporation of the city, and limited
the amount of bonds the city could
issue during one year without sub
hitting the question to the taxpay-
ing voters.
AS amended in 1889 sec ton 43
reads: "To borrow money on the
credit Of the city and issue bonds
w Dbl nOU w GA
coed $4,000 for street improve
ments and $4,000 for sidewalk
purposes during one year, provided
that the sum Of $4,000 per year,
for sidewalk purposes may be bor-
rowed for and during five years
from the passage of this act and
not thereafter. To make a loan
exceeding the aforesaid sums the
question must be submitted to the
property taxpayers voters of the
city," and the remainder of the
section, with the exception of some
change as to rate of interest, etc, is
the same as the amendment of 1884.
By the amendment OF 1885, sec
ton 43 is made 10 read as fol-
lows: "TO borrow money on the
credit of the city and issue bonds
therefor to an amount not to eX.
coed $4,000 for street improve.
ments and $4,000 for sidewalks
purposes may be borrowed for and
during five years from the passage
of this act and not thereafter. To
make a loan exceeding the afore'
said sum the question must be
submitted to the property tax,
payers" etc. AT first glance the
above language taken alone would
possibly appear to confer the power
upon the City Council to issue
bonds only for street improve
ments and sidewalk purpose, but
Gin construction of statute every
part of it must be viewed in con
nection with the whole so as tC
make all of its parts harmonic, i.
practicable, and give a sensible
! effect to each" (POtters Dwarri'
on Statutes, l44.)
By reading the whole of section