Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-04-16
The Opinion.
To the Honorable City Council:

active powers were lawfully conferred b.
| the city council upon the special commit
| tee appointed under an order passed ~
lthe board OF aldermen on June 3D., 1896,
and known as the new city hall build
| ing commission
! 1t appears that the new city NAH build
| ing commission was created by the pas
sage of order No 70, dated June 3, 1875,
which emitting the somewhat lengthy
preamble. is in these words. Now be 1t
ordered.
! That a special committee or commission
| of five be made. to be known as the new
| city hall building commission. TO consist
of the mayor. Alderman William l.. Lin
coin II. X. Durham. a member of the
common council, Chas. f. johnson, Esq,
and DR.. F. c. Thayer; whose duty it shall
| be to advertise for plans for Il new city
building, visit such cities as they deem
/ necessary and examine the city buildings
| and halls of said other cities. and saio
building committee shall consider ali
| propositions, plans. methods means ana
ways for the building of Il new city
| building, and said committee shall re
port to the city council on June II. 1876.
the several plans submitted to them,
| with their recommendations thereon; and
that all votes of the city council hereto
fore passed referring TO the matters emf
braced in this order, are hereby rescini-
ed Be it further ordered,
! That all such necessary expenses as
4
building committee in carrying out this
order shall be borne by this city. and lie
| mayor, by this order, shall be authorize
| to draw his warrant for such expenses.
| the same to be charged TO the city ha
account.
Enlarged authority and additional in
| structions seem to have been given the
| commission. under order los, dated Au-
gust I, 1896. Which is as follows:
| On motion of Alderman LuGt.
| Ordered that the city hail huildiri5
| commission be and is hereby authorized
and empowered to advertise for bids by
contractors for the construction of new
| city building. according to plans drawn
| by George G. Adams or others, with mod
iiications If necessary. so that said build
| ing may be built for a sum not exceed
| ing $4,000 including furnishings, and thai
said building commission have full power
| and authority to close contract on
| contracts, in part or in whole. with any
contractor or contractors. giving part
| or in whole to one as they deem best: and
that if they think it for the interest Of
| the city they have full authority to eX-
| cavate for a foundation by employing
, men by the day or week, but that no con-
| tract shall be made by said commission
which shall call for the expenditure OF
more than $4,000 during the current
year.
| Ordered. that they have fun authority
to dispose of the present city hall in SUI II
| manner as they deem advisable for the
| interest of the city, and move the otncT
| buildings upon the city hall lot If neces-
| sary.
Ordered that in all possible cases the
men employed shall be citizens OF Water
| VILE and that the contractors shall agree
to give preference in all cases. to labor
| ers who are citizens of Waterville.
| Ordered that said commission be au,
| thorized to employ a supervisor who
shall be a practical builder and taxpayer
in the city. and that said commission
sham have full charge of the building un-
til its completion.
With the information thus far detailed.
/ presume you must be already iani lar.
and that the real gist of the first ques-
ton propounded lies in the word law
fully" otherwise a mere reading of the
above orders and others pertaining 10
the same topic would fully answer the
, question. The language of the orders IS
plain. sweeping and explicit, and unques-
| tionably means what it says, and the only
| restriction or limitation to DC placed on
! it Is such may be found to exist in the
power of the city itself.
As to all the acts directed to be done
| by the commission under the order of
/ June 3. there seems to be no doubt that
| the city had fun power and authority to
cause or procure them to be done, and for
that purpose might lawfully appoint Al
agent such as this commission. Under
|
sion was authorized to make contracts
calling for the payment of large sums Of
money. Evidently the city council felt
that upon this subject there was some
| room for question. because in the orde +
it was expressly provided that no con-
tract shall be made by said commission
which shall call for the expenditure of
more than $4,000 during the current
/ year This of course, had plain refer
ence to the constitutional limitation of
municipal Indebtedness. That limitation
i is prescribed by article %. of the Amend
ments to the Constitution of Maine ana
is as follows:
ARTICLE XIII
Limitation of Municipal Indebtedness.
NO city or town shall hereafter create
any debt or liability. which sngly or in
liabilities. shall exceed five per centum
of the last regular valuation of said city
or town; provided. however that the
adoption of this article shall not be con-
{ strued as applying to any fund received
In trust by said city or town, nor to any
loan tor the purpose of renewing existing
. loans, or for war, or to temporary loans
| 10 be PAID out OF money raised by taxa
ton. during the year in which they are
made.
; This constitutional provision which lead
the city council on August Z 1886 to
limit the amount that might be expended
by the commission during the current
) year, stili continues in force. and to fully
| ohuti StdHt It's elect, REQUIRES Some con-
sideration of the city's financial condi-
| ton. The last assessed valuation made
by your local assessors, was 81, 40 IA.
The last State valuation was S. IA $40
At various times there has been some
discussion as to which of these valuations
Is TO be taken as the basis of computa-
ton. At the time this constitutional
amendment was adopted the only State
valuation known was made in the State
. treasurers office, by compiling the
: various town valuations after they had
been corrected and equalized as far as
possible. by the county commissioners
t A real State valuation was not known
The act creating board of State asses
sors and providing for regular State
valuations was passed in 1891. 1t there
fore seems that when the people used the
2 words last regular valuation they could
5 have meant only the local valuation. In
, constituting similar provision, in a case
In Illinois, where only a State valuation
$ had been made, the supreme court of the
Il United States speaks as follows Had
there been. under or by competent legal
authority, an assessment for that wear
r of taxable property within the CITY.
t separately from an other. property in the
county or township to which the city he
longed, such assessment would undonhf