Five Mile Beach weekly journal., 1907-02-06
NORTH WILDWOOD
BONDS ILLEGAL
Council Holds Adjourned Session
and Learns the Opinion
OF the Attorney General
COUNCIL UNDECIDED AS TO WHAT TO DO

The North Wildwood Borough
Council held an adjourned session last
Thursday night. Mayor Hilton and
Councilmen Coapman, Turner, Whea-
ton, and Young were present. Bor-
ough Clerk w. f. Young read the
minutes of the previous meeting,
which were approved as read. Bor-
ough Solicitor j. Spicer Leaning was
present and stated that J. Willard
Morgan, who was to take the $1,000
issue of water bonds, had submitted
them to the Attorney General of the
state, who decided that the proceedings
by which they were issued We're illegal.
Mr.. Leaning stated that Council had
failed to obtain the written consent of
the owners of the majority of the real
estate in the borough, as the law re-
quired. He stated that this law was
amended in 1906 making it unlawful
for Council to issue water bonds only
upon the written application of the
owners of not less than one-fourth in
value of the real estate of the borough.
The special election authorizing this
issue of bonds was held in Anglesea on
Tuesday, April 10, 1906, and the sup
Elemental law requiring the consent of
only one-quarter of the assessed value
of the property was approved by
Governor Stokes on April g. 1906. To
which one of these acts the proceedings
of Council should conform is problem,
since the resolutions providing for the
bonds were passed more than a month
before the new law was approved,
while the election was held after it was
approved. The law of 1905 reads as
follows:
"An Act to amend "A supplement
to an act entitled "A general act relating
to boroughs'' (Revision of 1897, APP
proved AoriI %, 1897 whista. ssrpf,su
me- was approved April 7, 1898.
BE 1T ENACTED by the Senate and
General Assembly of the State of New
Jersey:
/. Section one of said supplement
which was approved April Z, 1898, be
and hereby is amended SO as to read as
follows:
80. 1t shall not be lawful for the
council to construct or purchase any
, water-works or water-supply plant ol
plants, or sewers or system of sewerage
or drainage, until, upon the written
application of the owners of not less
than one-fourth in value of the real
estate in said borough, according to its
assessed valuation, as shown by the
latest preceding assessment for the
purpose of taxation made in said bor.
ough, council shall, by resolution
adopted by majority vote of the
members thereof cause at least thirty
? days notice to be given by advertise
ments, signed by the borough clerk
posted in at least three public places In
such borough, and printed once each
week for at least three weeks in q
newspaper published in the borough
If any such exists, or, If none, then in
newspaper published in the county
wherein the borough is situate and
circulating in the borough, of the in-
tention of council to submit the ques.
ton of the construction or purchase OF
any water-works or water-supply plant
or plants, or sewers, or system o.
sewerage or drainage, to the voters oil
the borough at general or special
election to be held in the said borough
and if, after the adoption of such
resolution, and filing of such applica.
ton, and within sixty days after the
date of the first publication of such
notice of intention, remonstrance
against such construction or purchase
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