Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1907-12-31

that the question put By you can
only be answered in the negative,
that is, that your committee has no
authority to expend from the sewer
fund any sum for the maintenance
Of the sewer after 1t is completed and
turned over to the proper city au-
thorities."
The second question propounded
was as follows: "The proposed is
sue Of bonds for local sewerage i'm
provement district No. /, contemplate
ed an issue of $4,000 worth OF
bonds. The assessments made against
the property in the local sewerage
improvement district were based on
levy Of $4,000. The actual cost
and expense of constructing the sew
er system amount approximately to
$65,000 or 100000. The property
owners are therefore paying more
than they should pay. What shall
we do about it?"
1T is obvious that the prop
erty owners living within the
sewer Improvement district should
not be required to pay more for the
sewer than its actual cost, together
with the expenses incident to its CON
struction. 1t seems to us that these
people would be entitled to d refund
of the amount paid by them in such
proportion as the amount paid by
them bears to their proportionate
share of the total cost of the sewer
system. II the total expenses of the
sewer system should be only four
fifths of the total levy of $50, 600,
then each person who has paid this
full amount would be entitled to a
refund of one-fifth of the amount he
has paid"
The mayor reported to the sewer
commission last evening that city at
torney r. q. Mcfarland claimed $500
could be withheld from the sewer
fund to pay the salary of an
sewer inspector for one year. The at
torney has since given a written opin-
ion from which we quote as follows:
Section 10 of the Sewer Act reads
as follows:
The committee has power and
authority to employ, hire and dis
charge. from time to time, all such
agents, workmen, laborers or ser
wants as may be deemed necessary In
the conduct, operation and manage
ment of the city sewer system and
sewerage disposal works.
To make all needful rules and
regulations of the conduct and man
agement OF the same for the said city
and inhabitants thereof.
To do any other act and to make
any other regulations necessary and
convenient for the conduct of its bus
mess and the due execution of the
power and authority given 1t by this
act or by ordinances not contrary 10
law.
Section IA of said Act reads as
follows:
Whenever and as soon as the
sewer system herein provided for is,
in the judgment of the committee,
ready for use. the committee shall
turn the said sewer system and dis
posal works over to the mayor and
and authority hereby given TO the
city council. The power
and authority hereby given to the
sewer committee TO build, keep. con-
duct and maintain said sewer system
and disposal works therein shall be
exercised by the said council or
trustees
BY the above quoted provisions of
said Act II viii be readily seen that
the sewer committee has the power
and authority to employ agents.
workmen, laborers or servants In the
conduct. operation and management
of the city sewer system and sewer
age disposal works: also. to keep,
conduct and maintain such sewer
system and disposal works TIL turned
over to the mayor and city council.
as well as to construct and build the
same.
Section Of said Act reads as fol-
lows:
The chairman of the committee
shall execute all written contracts on
behalf thereof and sign all orders for
the payment of money authorized
at will be seen by the foregoing
provisions that the only fund over