The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-09-21
CITY CONTROLLERS LETTER.

Mr.. \. A. Vosburg City Solicitor.
Dear Sir: Please advise me as to
whether there are any legal obstacles to
my certifying accounts to the mayor for
the purpose of issuing bonds for pay
ment to contractors of Seventeenth dis
trict main sewer; Section G, Fifth sewer
district; North Main, Providence road
and Philo street sewer.
The peculiar wording of the ordinances
affecting these contracts and their failure
to provide an actual pccuniary sum for
the city's portion, or for the inspectors
pay incidentals, etc, bond issue being
prescribed for each estimate furnished
from the city engineer. making 1t incum-
bent on the city treasurer to credit cash
received to bond account for each sewer,
renders an intelligent Interpretation of
their intent extremely difficult. With the
issue of park bonds, the city's right to
issue bonds for it's share for sewers /
take it, has ceased until consent is given
by the vote of the election to increase
the issue. The citys portion / shall
therefore deduct
VIII the approval of the joint auditing
committee of the city councils to all
vouchers or estimates answer for ap-
proval of the councils? This point has
been raised. Is It the duty of the city
treasurer to credit the several above aC-
counts proper with enough cash to cover
Inspectors anu lllCluentdl DlllS!
Yours respectfully,
T.. Howell City Controller.
MIR. VOSBURGS OPINION.
Scranton, Pa, Sept. 60 1899.
Esdras Howell, Esq, City Controller.
Dear Sir In reply to your inquiry of
the 10th inst. would say:
First-That in issuing bonds in the mat
ter of North Main avenue, Providence
road and Philo street sewer, and the
other sewers you mentioned, the inspec-
tors pay and incidentals, must be first
deducted from the estimate of the city
engineer, then deduct the share of the
city of the cost of the Improvement, 1. e.,
its apportionate share of the estimate
made after deducting the matter just re-
ferred to, and issue bonds to the contrac-
tor for the balance. The bonds are re-
deemable at the city treasurer's office as
fast as collections are made on assess
ments to pay them. These bonds are
made in the form under which the city
assumes no liability except as collecting
agent for the contractor.
Second-Under the provisions of the or
dinance. the estimates must be approved
by action of the councils approved by the
mayor, and action on the part of the
joint auditing committee Is not sufficient.
Third-The inspectors must be paid In
cash and not by issue of bonds, and a
sufficient amount of money first paid in
on assessments should be appropriated for
that purpose before the redemption of
any bonds.
Fourth-Where there is dispute about
the validity of assignments presented, the
safest Ulan is to withhold the issue of
bonds until the matter is adjusted, as
otherwise YOU will not know to whom
| the bonds should be issued.
Fifth-As l am informed under the estl-
| mates last prepared and embodied in an
| opinion furnished by my predecessor in
| office, there was a margin of indebtedness
| for which bonds could be issued without
| a vote of the people, of about thirty
eight thousand 1885. .OOO) dollars, and as tho
| issue of park bonds is thirty thousand
| ($3OOOO dollars. it would appear to be
| within that limit.
| l have made no examination OF this
| question myself but am giving you this
| information as it comes to me, and you
can verify 1t by an examination of the
| opinion on file
do not think it is safe to issue bonds
| for any part of the citys snare of any
| public Improvement from this time on
after the park bond issue, until the elec-
tors of Scranton have had an opportun'
ity to pass upon the question, as pro-
vided by law. Very truly yours,
A. A. Vosburg City Solicitor.