The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-16

From City Solicitor Mckinley and
Willard, Warren 81 Knapp an opinion
was last night received in select coun-
Gil on the Legality of the Roche ordin-
ance, providing for the resurfacing of
over three miles Of asphalt pavement.
The opinion is that an Indebtedness
of $685. may be incurred without sub
mitting the question to popular vote,
but that certain provisions necessary
to the legality of the ordinance have
been overlooked. 1t is the further
opinion of the attorneys that the ordin-
ance should be first introduced in COM
mon council.
On motion of Mr.. Roche, the opin-
ion was referred to the common coun-
Gil. He said a new ordinance would
he introduced Ia that body in con-
formity with the opinion. which was,
In part, Is follows:
We cannot regard this ordinance othey-
wise than as an increase of the indebt-
edncss of Scranton and, we think, its le-
gality or illegality must be determined cn
that basis.
We are OF the opinion that under .
constitution provision, the net indebted
ness of the city of Scranton cannot be IN
creased to an amount In the aggregate
exceeding two per centum of the valua-
tion of the taxable property within the
limits of the city as determined by the
last adjusted valuation of such property
without submitting the question to the
electors for their approval; and if the
contracts and obligations, provided for
in this ordinance, exceed that limit. the
ordinance will, necessarily. fall. Atten-
tion must then be directed to the financial
condition of the city of Scranton to as
certain whether the obligations provided
for by the ordinance can be incurred
without exceeding such constitutional
limit.
FIFTH SECTION OF ACT
The fifth section of the act of April 70,
1874, is as follows:
'"The word Indebtedness used in this
act, shall be deemed. held and taken to
include any ard all manner of debt, as
| well floating as funded. of the said munic-
| ipality; and the net amount of said in
debtedness shall be ascertained by de-
Quoting from the gross amount thereof,
| the solvent debt, and all revenues appli-
cable within one year to the payment OF
the same"
| 1t appears by the certificate of
the city controller that on April
4, 1885, the bonded indebted
| ness o. the city of Scranton
was .......................... sGi2, 900 W
To which should be added for
| unpaid warrants, contracts and
other accounts subject to adj
| justment .......................... 32,4l2 &C
| Making the total gross indebted
| ness of the city .................S674,4l ,4l2 &c
| From this should be deducted, in aC-
cordance with the provisions of the fifth
section of the act of 1874, as above quoted
| the following resources:
| Cash in general city fund. .....$ AS All 0I
| Cash in interest and sinking
funds ACKNOWLEDGEMENTS. 1920 4;
| Delinquent taxes and other items
collectable ....................... 10000 "
Bonds of the city. series of 1898.
| which have been purchased
and are held in the several
sinking funds Of the city 5000. 104 900 0C
| Revenues of the city available
| within one year to pay or apply
| upon its Indebtedness .......... 3627S "
1873 ).
| Deducting the above named re-
sources from the gross indebt-
edness of the city leaves
balance or net Indebtedness of
the city, calculated in accord
| ance with section of the act
| OF 1874, of .....,.................. S39l, ,393 j
| WAY IT is ASCERTAINEp,