The Montgomery advertiser., 1901-07-06

is assessed against the abutting prop | erty owner would be debt against the municipality generally and might | be without a limit?
 Mir. ONeal-I am in favor Of limit | ing the power of a city to create a | debt for streets or improvements or | that kind where it comes out of the general revenue of the city, but where | the improvements are taken from abutting property, there ought to be no limit. Of course we all agree that | there should be some limit upon the debts of cities and municipalities in this State. We all agree that the un- | limited power to tax is the power to destroy. The argument made on this floor against the dangers of unlimited taxation meets the views of every gen. tleman in this Convention. What have we done about this limitation on taxation. We say you shall not go be- yond one-hah of per cent, and the report of the Committee on Municipal Corporations, has a Section in refer ence to this subject, Section 5. Now the trouble is that under the present system, any member of the Legislature rcan, without consulting his constitu- ents. come to Montgomery and impose debt upon any community of this State. That Ia true-without consult ing his constituents, without asking their views or wishes in the matter. Now the Committee on Municipal Cor poratfons has a Section which will pre- vent this in the future. Sec. 2. "No county, city. town. village, district or other political subdivision of county shall have authority or be authorized by the General Assembly after the rat ification of this Constitution, to issue. bonds, unless such issue of bonds shalf have first been approved by a majority vote by ballot of the qualified voters of such county, city, town, village, dis trict or other political subdivision Of a county. voting upon such provision. In determining the result of any cleo ton held for this purpose, no vote shall be cosInted as an affirmative vote which does not show on it's face that such vote vas cast in approval of such is- sue of bonds. This Section shall not apply to the renewal, refunding or re- issuance of bonds lawfully issued. nor prevent the issuance of bonds in cases where the same have been authorized by laws enacted prior to the ratifica- tion of this Constitution, nor shall this section apply to obligations incurred or bc nds. to be issued to procure mea ns to pay for street and sidewalk i'm prCVeNents, or sanitary or storm water sewers. the cost of which is to be as- se;;ed against the property abut.;ng said Improvements or drained by such sanitary or storm water sewers" :"
 Tn, President-The time of the gen. tlenan has expired.
 Mir. Weakley Gauderdale)-I offered a substitute for Section 10 of the report Of the Committee on Taxation, and an amendment was offered to the substi- ute. and desire now with the consent Of the gentleman offering the amend ment to withdraw the substitute, and l offer to the Convention in lieu there- of, this substitutes:
 Sec. 10. No city, town or other municipal corporation. shall become in- debted in an amount, including present indebtedness. exceeding per centum of the assessed value of the property thereof, except for the construction or purchase of water works, gas, or cleo tric lighting plants and sewerage or for the improvement of streets for which purpose an additional indebtedness, not exceeding per centum may be created and excepting also temporary loans to be paid within one year, made in anticipation of the collection of taxes, not to exceed one-fourth of the general revenues of such cities and towns; Provided, however, that this
 
 Ncities having a population of 5000 or more. nor to the City of Gadsden, which last described cities and towns shall not become indebted in an amount, including present indebted ness. exceeding q per centum of the assessed valuation of the property thereof, and provided further. that there shall not be included in the limitations of the indebtedness of such last described cities and towns the following classes of indebtedness. to- wit: Temporary loans to be paid with in one year, made in anticipation of the collection of taxes, and not to exceed one-fourth of such taxes; bonds or other obligations already issued or which may hereafter be issued for the purpose of acquiring, providing or con- Structing school houses, water works and sewers; and obligations incurred and bonds issued for street or sidewalk improvement, where the cost of the same, in whole or in part, is to be as- sessed against the property abutting said improvement.
 Nothing herein contained shall pre- vent the funding or refunding of exist ing indebtedness. . MT. Weakley-After the presentation of the report of the Committee on l mended by the Committee on Municipal Corporations, there developed such contrariety of opinion upon the subject of debt limitation, that the represen- tAtives of nearly all the municipalities of the State set to work to frame a section which would meet as far as possible the objections that have been offered upon this floor. The Conven- tion will bear in mind the words of distinguished statesman who said it was a condition and not theory that presented itself. I will admit that If no city in the State of Alabama had a debt, that neither the proposition pre- sented by the Chairman of the Com mittee on Taxation, nor the proposi- ton presented by the distinguished gentleman from Madison County would have my support.
 MT. Coleman Greene)-Has the dele gate from Mobile accepted that in lieu of the amendment offered by him?
 MT. Weakley-That is my under standing.
 Mir. Pillans-I will accept 1t.
 Mir Coleman-There Is but one amendment offered to the report of the Committee on Taxation, and that is the one you have in your hand?
 MT. Weakley-That is my under standing the Convention consented to the withdrawn of my original substi- tute.
 The President-Does the gentleman from Mobile consent to the withdrawal |