The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-03-29
ATTORNEY GENERAL
RULES ON S. B. III
Hands Down Opinion Sustaining Pow
er of City to Issue WaterwOrks
Bonds In Amount Needed.

Before the real purport Of Senate
bill No. Ill had become known 20
the public and while, a division OF
opinion seemed to exist among city
officials in regard to whether the city
would be estopped, through its OPP
Grafton, from issuing waterworks
bonds, or any other bonds for that
matter, a member of the staff of the
TIMES wrote to Attorney General T
A. Walters, asking an opinion on the
subject That official seems to have
read the law carefully before handing
down the opinion which is quite COM
plete and fully sustains the position
at which the mayor and city attorney
finally arrived, namely, that the law
does not interfere with the power
Of the city to issue as much bonds as
required to build or acquire water
works system. The opinion follows:
Mr.. James D. whelan, Esq.
Twin Falls, Idaho.
Dear Sir:
BY letter under date of March H.,
you submit in substance for opinion
the following proposition:
what is the power of cities to vote
bonds for municipal water works un-
der Senate Bill No. Ill, as passed by
the recent session of the Legislature,
and give your Interpretation of the
bill"
The powers of cities and villages to
issue municipal coupon bonds, and
the purpose for which the same may
be issued, are enumerated in Section
2315 of the Revised Codes. The last
amendment of this section prior to
that made by the recent session o,
the legislature is found in Chapter "A
Of the Session Laws of 1915. This
chapter is amended by Senate Bill No
III passed by the Fourteenth Session
of the legislature and approved by the
governor on March 8, 1917.
Senate Bill No III makes no change
whatever in subdivision (a), of said
section Said subdivision (a), limits
bond issues for the purposes set
forth in said subdivision to per cent
| Of the assessed valuation Of the real
| and personal property in said city OF
| village. Subdivision o., of said sec
| ton prior to the amendment authoriz-
| ed a city town or village to issue mu-
nicipal bonds in a sufficient amount
"to acquire by purchase or otherwise
/ a water works plant for such munich
pality and water supply therefor.
| There is a similar provision authoriz-
| ing the acquisition of light and power
plants. There is no limit placed up
on the amount of bonds which may
issue for either of these purposes.
Senate Bill No Ill amends Subdi
vision (b), relative to water plants by
adding the words: and to construct
enlarge, extend, repair, alter and i'm
prove said plant" 1t further amends
Subdivision (b) by providing that an.
bonds so issued shall be authorized
as provided in Section 1916 of the Re
vised Codes, and it validates an,
points heretofore issued for the pur
chase Of acquiring a water system, o
charging, extending. repairing, alter
; inq and improving any municipal wat
or works plant. The amendmen
places no limit upon the amount o
bonds which may be issued for thi
. purpose.
! The provision in the existing lay
relative to power and light plants
. made a separate subdivision, bein
Subdivision (c), and provides that tn
| LDI MlAANi DchAo A%ANs
sued for such purposes, shall be de
termined by the council and stated !
! the ordinance therefor. The law q
mended in 1915 included water plant
with light and power plants, and pre-
vides that the amount for which sue
bonds may be issued shall be dete'
mined by the council and stated l
the ordinance therefor.
Senate Bill No. Ill was amende
while before the legislature by ez
GLIDING water plants from this las
paragraph. However 1t is apparen
from the wording of the Bill that tn
! only reason for this exclusion wa
that the issuance of bonds for waite
plants had been provided for in SUI
division (b), which fully authorize
any city, town or village to issue mu