91 Wis. 131 | Wis. | 1895
There are only three questions necessary to be considered in the disposition of the appeal:
It is not necessary to seek for an express delegation of power to the city to build a waterworks and electric lighting plant in order to determine whether such power exists,
Passing from this, with the conclusion that corporate authority existed to build the waterworks and electric lighting plant, we come to the second point:
In our view of the case, the only proposition submitted to the voters was clearly embodied in the first resolution in the following words: “Resolved, that the common council recommend to the voters of the city of Reedsburg that the city build a system of waterworks, and a plant for electric lighting in connection therewith, and that bonds for that purpose be issued not exceeding twenty-five thousand dollars.” It does not appear that, at the time of the election, a perfect plan fob the waterworks had been worked out in all its de
Passing from this,-with the conclusion that the defendant
Our attention is called to secs. 119 and 129 of the city charter, which provide that “ the city shall have no power to borrow money or contract any debt which cannot be paid out of the revenues of the fiscal year, which shall commence on the first day of December of each year, except as otherwise provided,” and that “ the city may procure, lease, hold and convey real and personal property for municipal purposes, provided that no debt shall be incurred for any such purchase which cannot be paid out of the revenues of the fiscal year;” also sec. 79, which provides that “no money shall be appropriated for any purpose whatever except such as is expressly authorized by the city charter.” And the claim is made and pressed upon the attention of the court, confidently, by the learned counsel who ably presented the cause for appellants, that these strong, plain, prohibitory clauses leave no room for argument but that the right to issue $25,000 of corporate bonds under the charter of the city of Beedsburg does not exist. Keeping in mind the significant words contained in sec. 119, “ except as otherwise provided,” and in sec. 79, “ except such as is expressly authorized by the city charier,” we reach the conclusion that, if they clearly relate and apply to some provision of the charter expressly providing that the' oity may borrow money and incur indebtedness for the purpose of providing waterworks and electric lights, then appellants’ contention must fall. We find that sec. 1 of the charter provides that the corporation “ shall have all the powers possessed by cities under the general statutes of the state of Wisconsin, and in addition thereto the
This leads up to a reference to secs. 942, 943, R. S., which were in force when the charter in question was adopted, and provide as follows:
“ Sec. 942. Any county, town, village or city may, in accordance with the provisions of this chapter, issue its negotiable corporate bonds for . . . the following purposes, viz.: . . . The purchase or erection of pumps, water mains, reservoirs or any other waterworks, ... or to accomplish any other purpose m the lawful power of such corporation.
“ Sec. 943. No bonds shall in any case be issued by any town, village or city, until the proposition for their issue for the special purpose thereof shall have been submitted to the people of such municipality, and adopted by a majority voting thereon.”
We hold that secs. 79, 119, and 129 of the city charter, and 942 and 943, R. S., should be taken together in determining the extent of the power of the city to issue its corporate bonds. When so taken, the power to issue bonds for the purposes contemplated by the resolution submitted to and adopted by the people of the city of Heedsburg appears plainly to exist by express provision of law.
It follows from the foregoing that the judgment of the circuit court must be affirmed.
By the Oourt.— The judgment of the circuit court is affirmed.