Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-02-28

Augusta Prohibits Proposed
Program Time Limit for
Introduction of Private and
Special Legislation Bars
Legislative Action
In view of the agitation on She
part of the Board of Education.
civic organizations, and citizens gen.
orally Tor the adoption of tie iuaior
high school system and the erection
of new Junior high school nuild-
ing to relieve the existing congestion
IN the Augusta schools and parti-
cElarly at Colv High school an opin-
ION was sought concerning the pre- b.
lens which tie city would have to
meet to tin2nce such a project.
This opinion supplied by City Soil
Citor Herbert +. Locke Z. tie re-
quest Of Mayor Ernest l.. Mclean,
was released from the mayors of
flee Friday as a matter of public in
formation to the citizens Of Augusta
The opinion in fun Incorporated in
Attorney lOcke'S communication to
the mayor is as follows:
February %, 1925.
Members of the Finance Committee:
Gentleman:
In compliance with my promise to
you am giving herewith a summary
OF the borrowing capacity. bonded
oebt, etc, of the City of Augusta.
The last regular valuation in
round numbers was Sill ,392 900. This
gives Il bonding capacity in round
numbers of $4,000. While our net
bonded debt is in round numbers
$3.50 600 our City Solicitor has held
that the sinking fund of approx
mately $4,000 cannot be used as a
deduction from the bonded debt in
determining our borrowing capacity
under the constitutional limitation.
We must use therefore in determin-
ing cur borrowing capacity the gross
bonded debt which is $40S,00O To
this should be added the temporary
loan. which has been carried over
several years, of $4,000 and the
cemetery trust funds used by the
City of S4S,927 and the balance due
on the fire truck note of $4,000 max
ing a total in round numbers of
$535 900. Deducting this from our
gross borrowing capacity leaves> our
present actual borrowing capacity
$4,000.
| enclose herewith a copy of the
City Solicitors opinion that you may
be in possession Of all the Informal
ton now available on this matter.
You will note from his opinion that
the bonding of the temporary loan
and the trust fund items will in no
way affect the constitutional limita-
ton.
Yours very truly.
(Signed ERNEST L.McLEAN.
CITY OF AUGUSTA, MAINE;
Office of
HERBERT T.. LOCKE
City Solicitor.
February 10, 1925.
Hon. Ernest l.. Mclean,
Augusta. Maine.
Dear Elnest:-
Answering the inquiries contained
in Your letter OF February IL in re
gard TO raising money for the cree
ton Of q school building in connec-
ton with the constitutional debt
limit Of the City: 1t is my opinion
that there is no practical way to ac-
complish this except by Gl school
district which requires private and
special legislation, the time for the
Introduction of which in this legisla-
tuAo peiSSStI SpVtAii
sion were granted and ca ap-
preparation of funds sufficient to
start the work up to the amount of
our debt limit with a yearly appro-
prlatlon to carry it along, the
balance to be worked, If possible,
into temporary loan.
To discuss the matter in more de-
tail: We should have in mind first,
the exact words of the constitutional
provision, Article twenty-five, which
provides:
NO city or town shall here
after create any debt of liability,
which sin@ly, or III the aggregate
with previous debts or liabilities
snail exceed five percentum of
the last regular valuation of said
city or town, provided, how
ever that :hc adoption Of this
article shall not be construed as
applying to any fund received in
trust hy sad CITY OF town, nor TO
any loan fer the purpose Of re-
newinG existing loans or for war,
or to temporary loans to be paid
out of money raised by taxation
during the year in which they
are made
And also. We should note Private
and Special Laws Of 1907, chapter
tlb, lIiS, ia StClIOilS - " %
inclusive of our Charter, the Act
which creates and prescribes the
powers of our Board of Education
and Annual School Meeting.
Replying specifically to your in
quiries. it is my opinion:
l. That the constitutional proviS
ion with reference to debt limit
would apply to an issue of bonds to
erect a school building or other
property even though provision were
also made for the payment for the
building by the levying of a special
tax, and
2. 1t is not possible TO arrange
for the erection of a school building
by any special levy or bond issue
without violating the constitutional
provision assuming that the amount
to be raised is in excess of the bond
ing capacity Of the City. i. e. would
carry the City beyond it's constitu-
tional debt limit.
The only practical arrangements
to accomplish this end, of which l
can conceive. are the two first men
toned in this letter: school district
or annual appropriations up to the
limit with balance finally put in
temporary loan.
The Act creating a Board of Edu-
cation and Annual School Meeting
does not, in my opinion, create
new and distinct municipal corpora
ton with any power to raise or bor-
row money.
1t is simply the appropriating and
administrative agency for school pur-
poses of our City. Its money must
come from the City, except of course
that which comes from the state to
all municipalities. 1t has none OF
the borrowing power of the school
district. 1t is not separate entity
from the City.