Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-04-07

rectuate the expressly granted power.
That is, in this case, if the code
emnowers the council to issue bonds
10 nav for the constructor OF water
works there is necessarily an implied
mower vested in the council to in some
way pay for operating said water
works.
Now. there is no provision in said
subdivision II of said section 2S35,
or in any other part of said section
1885 that requires that water works
or any other of the 26 different pub
lie improvements therein provided for,
shall be sef-sustaining, and any
implied requirement to that effect is
expressly negatived by other provis-
ions in said section.
Now, again, notice the language
used in subdivision II, For erecting
or purchasing water works and sup
pIyinu water to the # s. = corporation"
What is the meaning of that Ian
guage? Why simply that the cor
poration has the right to supply it.
self with water for strictly corpor-
ate purposes, such as fire hydrants,
fountains, watering troughs, water
public buildings, etc.
| believe that Mr.. Hollenbeck would
concede that water works could, un-
der this grant of power, be erected
and maintained by the council for
the strictly public purposes have
mentioned and for those purposes
only.
If water works were erected and
maintained for the strictly public
purpose only. who would get the ben
eft? The village in its corporate ca
pacity only. Who would pay for
these benefits? The village in it's
! corporate capacity only. Where
would the revenue to pay operating
expenses come from? Why, let us
see! Property used for strictly pub.
lie purposes is not taxable and there
would be no revenue. The water
works then would not be self-support
ing? They would not.
But let us illustrate a little further
Subdivision 90 of said section 1885
reads as follows: For purchasing
and condemning the necessary land
for park and boulevard purposes and
for improving the same as well as for
improving or completing the improve
ment of any existing boulevard, park
or parks"
Are parks and boulevards self-sup'
porting? That is. do municipalities
derive direct monetary income from
their parks and bOulevards? DO they
even pay interest on their cost? Nc
not in money.
One more Illustration only. Sub-di
vision II of said section 2S35, is as
follows: For erecting monuments tC
commemorate the survices of soldiers
sailors and marines of the state and
nation"
From the foregoing illustration it is
clearly manifest that the law does moi
contemplate, much less require, thai
the 27 public improvements provided
for in said section 1885 should be
self-supporting, that is, that the mu
nicipality should derive a direc
monetary revenue from them suffl
cient to maintain them. They are al
public improvements of so beneficial
nature that the laws not only per
mits, but to a certain extent, encour
age the same.
There are no more qualifications
restrictions, limitations or require
ments hedged about Subdivision l.
of said section 1885. than there arr
about any other of those subdivisions
The first cost of all those improve
, , ments are met by the issue of bonds
! which bonds are to be paid by genera
taxation.
And Section 80 of the Code Pre-
vides that if the general revenues o
the corporation are not for any reasol
q q sufficient to meet the general expense
! ! of the corporation, the Council can
when SO authorized by a two-third
majority vote of the qualified elector
of said municipality, issue defcienc
, bonds to supply those revenues.
J Yours truly,
+. Z. BOWERS.