Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1908-03-25


lected I'm a subsequent year or
years from the date of the issuance
ot said warrant / will state.
that as the enquiry does not name
what the money is desired for.
VIII have to make my report longer
than it would otherwise be.
Ii has frequently been held bv
the Courts that municipal Cor
poration possesses and can exercise
the following powers and no others.
''rst. thosegrantedine express words:
second. those necessarily or fairly
implied in cor incident to the powers
expressly granted; third. those es-
sentlal 10 the declared objects or
purposes of the corporation, not
convenient. but Indispensable.
Any fair reasonable doubt concern
my the existence Of power is re-
solved by the Courts against the
Corporations and the power is
denied. 93. Va. p. IA.
BY section I27 Of the Consti,u-
tion, the bonded debt of munich
pal corporation cannot exceed Is
per cent of the assessed value Of
the real estate within the Corporate
limits. except where the charter of
the Town expressly provides for
bonds being issued to a greater per
cent, which cannot be the case in
BcrTyville. as there is nothing in
the charter on the subject. Tho
Constitution contains two exccp-
tons TO the above rule: First. that
certificates OF Indebtedness or other
obligations can be issued hN the
Council IN anticipation uf the col
lection of the cvenue of such
towns of the current year. provid-
cd such certificates mature within
one year from the date of their
issue, and be not past due and do
not exceed the revenue ofsuchyear.
Second, bonds can be issued under
an ordinance passed in accordance
with the law. and approved 10y the
Affirmative vote OF the majority of
the qualified voters Of such town.
voting at a general cor special elec
ton. where the proceeds of such
bonds are tu bc used for Il water
supply or other specific undertake
ing, from which the town may
derive revenue. And whenever
within 4 period of five wears from
such election, tie revenues from
thc water works or other under
taking does not yield sufficient
return To pay the interest on the
bonds ISSUED as before stated. the
cost of operation and an annual
amount covered intoa sinking fund.
then in such ease the Council might
issue additional obligations. This
YOU will observe however, would
not be increasing the indebtedness
ot Town, except SO far, rs would
be necessary 10 pay the costs of
keeping the works in operation and
providing n sinking fund.
BY Act Of Jan. 29th. 1900, found
in Acts lS99-l900. p. 2l9. the
Council of the Town of Berryville.
were authorized To borrow S25OOO
ON the bonds of the Town. which
amount was to be used in the con
struction Of water works. BY this
act it is provided for the payment
of the principal and interest of said
bonds 10y levying of a special tax on
all property real and personal,
licenses, and all other subjects of
taxation for municipal purposes,
which tax shall not exceed one half
the taxes imposed by said town for
all other purposes.
If the Town wishes To issue
bonds i'm excess of the S25O00
authorized by the aforesaid acts,
the money to be used in the water
works, would say unquestionably
that the town Council had no such
authority, and that because it is
desired TO issue warrant, instead
of bond, would not in any way
change the situation.
If the Council wishes to antici-
pate for one year. that is the cur
rent year, the revenues to be de-
rived from the water works. and
the special tax allowed by the Act
of 1900 for the purpose of paying
the interest on the water bond and
creating a sinking fund, | would
say that the Council had a right to
issue warrant to be paid out of
the Special levy allowed by the
act of 1900, provided such warrant
did not exceed the amount of
such levy and that 1t was not to
run for more than one year.
'As the act of 1900 states that a
majority of the qualified voters OF
the Town of Berryville, at an cleo
tionheld June 29th, 1898, voted in
favor of bonding the Town to- the
extent of $25000 for the purpose OF
constructing water works, and aS
this act also provided how sink.
ing fund could be accumulated for
the purpose of paying the bond
and how the interest shall be pro.
vided for, it seems clear that the
Council cannot do more than that
allowed by said act, that is issue
bonds to the extent of $4,000, if il
has not already been done, anC
levy a special tax TO be used il
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