Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-27
IN IMPORTANT DECISION
The Contract Of Fargo Gas 81
Electric comp any with the city 81
55s Declared Void II . s#
Provision Must First be Made 70 Pay
3%Ss Ss Before q City Can Incur II, u.
MI Ind ebtedness. NJ d d
s Sections 2z6I e 22644 inclusive 81 the
" S Il Revised Codes Cons strued by: # u
Y ss the Court


- The state #sllpr rene court has handed
down a decision Id the case sof Roberts
vs. City Of: Fargo an action to annul
the contract Of the Fargo Electric
company with the city The lower
court ollock found for the defend
ants and dismissed the actio on. u The
plaintiffs app pealed and the supreme
court finds that the lower court erred
id lismissing the action and theI
Judgment OF the lower court is rel
Versed. The lower is directed toll
enter dgment for the relief del
manded in the compla int, together1
with THE costs and disblTse of
beth courts. IL s5l $iS<J ss &. d HI
This decision isl lof great lance
and & fan. ching effect In all cities
organized under the general laws fors||
the incorpo ion Of cities, as 1t de-
fines the powers Of the city aalthori-|
ties IN making contracts and appro-
priation Of money Sections 2261
2262, 2263 and 2264 . OF the Revised!
Codes read as follows
Section 2261. Fiscal ear. The
fiscal year Of each city organized un-
der this chapter shall commence on
the first day OF u septembe ber Of i each
year. 81 55
Sec. 1862 General Approprri
How Made. NE city coilnci shall 5at
its regular meeting in Sept of
each year al within ten days there
after pass an ordinance, to be termed
the annual appropr att on bill in which
III may appro PIRATE such sums Of
money as may be deemed necessary
It'd defray all necessary expenses and
liabilities Of such corp tion; and
such ordinance shall specify the p,r-
poses for which, such aIppro ropriations
are mad and the aIno cunt opri-5
.ated for each purpose No further
ations shall be made at any
other time within such fiscal year un-S.
less the Spropos osition to make each APP
propr.i lon has been first sanctioned
by jority Of the legal voters of
such city either by q petition signed.
by them or at general or special
election duly called that purpose.
ss Sec. 22633 So: pecial5 alton
For IInpro ovements How Mad -
Neither the city council nor any ee-5l
nt 81 ofIicer ofs the coIporati On.
shall add to the COR lion expend-
itures in any one year any ything over
and above the amount provided n for
in the annual appropria lion bill of
that year, except as herein otherwise
specially provided; !: and No expendi-
ttllre for an inlpr yenent to- be- paid
for out off the genera ffland off the cor
poration shall exceed in any one year
The Mount provided such 4 I'M:
proYement il the annual ropria-
ton bill /; provided, that nothing here
ia contained shall prevent the city
council from ora eriines a two thirds
vote any imp yement, the necessity
of is caused by any casual or
aeeid emit happ pening after such annual
appro iation is mad The city
council ma ord er the mayor and fin-
ance commit tee to borrow a sufiicient
am lollnt 10 provide tor the expense
necessary to be incurred ia making
any the necessity Of
which Eas arisen AZ as is q last above
mentioned pace Soff time not
exceeding he close ef the next fiscal
yeaT which sum and 4 interest shall be
added to the amour asith orised to he
raised tthe next general tax levy
and enlb aead thefe slhosild any
Judgment bes obtai ined Il ggainst the cor
|poration the mayo and finance COM
nittse unde der the sanet On Of the city
council may borrow uflicent
amount ttts nay the same for d space
|ss,if time not exces ling The close od the
next fiscal ear whiclh sum ana / in-
|terests shat in 1neT be added
|tc The ann nounts saith cried 60 Be raised
the general tax levy of the year
/ and en- braeed therein
Sec. Conltr How Made
Nd cont 1Aot shall be made by the city
teoaineiI and no expense shall be iIi-
lesared by any on cers or dep attnaents
Of the eeSp Grafton, Whethes th & object
of the expend nditures shall have been
ordered bs sillle u council or not,
unless al aprE opri ian shall have