Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-09-08
1<s AN IMPORTANT MEETING.
The City Council 10 Session Last Night
First Class Proceedings.
WORKING WITH FAIR COMMITTEE.

Pursuant to adjournment on last Tues
day evening. the city council met In a
special session last night, with Mayor
Marion In the chair and Aldermen Neu-
stadt, Hopping, Tierney, Rogers, Burk-
hart and Mckee present. City Clerk
Medler. City Attorney Moore and City
Marshal McMillin were also present.
City Attorney Moore. Immediately
after the council was called to order. sub.
mitted the following opinion In the mat
ter OF the payment OF outstanding war
rants:
"First-The full amount OF any war
rant issued during any fiscal year where
In the aggregate Of Indebtedness for such
year has not exceeded the city's limit OF
Indebtedness, IL a legal obligation up
on the city.
"5econd-Any warrant with legal and
valid consideration, issued during any
fiscal year, OIL occOunt OF consideration
furnished and accrued during such fiscal
year. wherein the city's aggregate IN
debtedness exceeds its limit. IL q legal
obligation upon the city only Ia the FOL
lowing proportion, TO wit; as the amount
OF the aggregate Indebtedness Of such
year Il to d amount OF the limit OF in
d~eDtedness for such year.
''Third-A contract entered into by the
city for the payment OF moneys annual
~ or quarterly, for "a term OF years, fu.
ture. on account OF future contingent
considerations, ~ for rent accruing from
year TO year, OF water 10 be supplied from
year to year, does not constitute an az
gregate Indebtedness ~ OF the year the
contract was executed. nor In fact does
IL constitute an Indebtedness at all, but
merely an agreement to become, in the
future, indebted upon the happening OF
future contingencies, which are h con-
alterations on which the promise TO pay
depenl. IL the entirety OF the contract
constitutes an aggregate Indebtedness
~ of the time IL wss entered into, AMI
taken together with the aggregate Of
other indie btedness existing at the
same time. and II ~ a whole IL exceeds
| the city's limit OF indebtedness, then that
| aggregate amount over and above tho
limit never was u legal obligation on the
| part OF the city. But such contracts do
| not constitute an aggregate Indebted
| ness OF the full amount stipulated to be
| be paid from time to time. but each
| period stipulated for payment coDsti-
| tntes a separate Indebtedness dependent
upon the happening OF the stipulated
| contingency, and together with other in
| debtednees. arising either by means of
implied or express contracts. for con-
| stderatiOn accrued the same fiscal year,
| constitute the aggregate and total In
| ~debtedness OF such fiscal year. and IL said
| amount exceed the limit, the several in
debtedness must be pro rated.
"F~ourth-lf parties holding such con-
tracts, having had ut all times free ac-
cess to the city's records, full knowledge
OF its acts in respect TO the execution OF
other contracts Of Indebtedness. full
knowledge OF the powers Of the city,
with the door OF equity open, stand by
and permit the city to contract other in
debtedness for valid considerations and
thus raise the aggregate Indebtedness
beyond its limit, and accept warrants ~
evidence OF their claims. snch warrants,
together with other warrants issued
during the same fiscal year. for legal
considerations. constitute the aggregate
Indebtedness Of such year. and stand a
a legal obligation against the city In
proportion to their respective amounts
"fifth-All warrants issued during fla
cal years wherein the city did not ex'
coed its limit should frat be paid in full
"Sixth-Then the balance OF none!
on hand. when the interest on the re
naming warrants issued during iiscs
years, wherein the limit had been ex
ceedsd, having been computed and tn
amount OF each ascertained, should b.
applied In proportion IA the amount o
the aggregate amounts IL to the amour
on hand"
The following resolution was unani
mously adopted:
"Be II resolved. 10y the city council o
the city OF Albuquerque, that the cit,
treasurer he and hereby Ia directed TO n
once compute tha interest due upon cit,
warrants issued prior TO October 4. 1894
and also to ascertain the amounts com
ing to the holders of all other warrant
of the city. and certify the anne TO tn
First National bank OF Albuquerque. ant
Further, That when such certiticat,
IL so made 10 said bank, the frs
5 National bank IL hereby authorized L
pay said warrants in accordance will
said certificate at once"
Az a number OF merchants had calle'
upon Mayor Marion and upon member
OF the Fair association. In regard TO tn
erection OF booths stating that the tim
allowed for them was entirely too short
a motion prevailed. seconded and unani
mously adopted, that the resolution
, passed on Tuesday night, be reconsidere
and that merchants desiring to ereC
? booths can begin them at once.
/ In order TO give each and every mel
E chant throughout the city an equal sho'
4 during the forthcoming great carnivs
5 and street fair, the following resolutio
: was introduced and passed:
4 "Be II resolved, That the city maj
#, shall IL hereby directed TO notify eac
! and every merchant having stands o
Z sidewalks, to have same moved from sidt
walk prior to September 10. and keep tn
same from the sidewalk during the fair,
The president OF the fair association
the executive committee at that tim
holding an important meeting in an al
joining room-wss sent for, and asked
the Fair association desired any turtle
recognition from the council.
The question being answered in the q
nrmatiye, the city council was informe
3 that the association wanted water" an
z plenty OF 1t; water for the wet test Of Il
( hose contests, and water for the Mint
cavalry.
The requests were fully debated ar
the requirements OF the Fair associate
a. 10 water" were unanimous
passed,
# Alderman Tierney and his water cor
mittee were authorized TO attend TO 8
~ - "a