223 Wis. 528 | Wis. | 1937
The complaint is long and meticulously drawn. It alleges in substance that the plaintiff is a taxpayer of La Crosse county and brings the action in his own behalf and in behalf of all other citizens and taxpayers of said county; that the defendant State Highway Commission is an administrative board exercising the powers prescribed by ch. 82, Stats.; that La Crosse county is a duly created and existing political subdivision of this state, having certain definitely described boundaries; that Richard W. Davis and Esther Domke are the chairman of the board of supervisors and the county clerk, respectively, of La Crosse county; that prior to the year 1917, the west boundary line of La Crosse county was the center of the main channel of the Mississippi river, but in the year 1917, by appropriate acts of the congress of the United States, the legislature of the state of Minnesota and the legislature of this state, Baron’s island, situated on the west side of the main channel of the Mississippi river was ceded by the state of Minnesota to the state of Wisconsin in exchange for other territory duly ceded by this state to the state of Minnesota; that after Baron’s island was ceded to the state of Wisconsin, it became a part of La Crosse county and was duly annexed to the city of La9Crosse; that in the year 1890 the city of La Crosse, at municipal expense, erected a vehicular bridge across the main channel of the Mississippi river; that the highway upon
It appears from the allegations of the complaint, and from the resolution of the board of supervisors of La Crosse county and the records of the Highway Commission, annexed thereto and made a part thereof, that the proceedings for the construction of the bridge project in question were initiated by La Crosse county in pursuance of sec. 87.02, and
The questions for determination are: (1) May the proposed bridge be constructed pursuant to either the provisions of sec. 87.02 (1) (b) or sec. 83.03 (6)? May La Crosse county pay a portion of the cost thereof ?
Sec. 87.02, so far as here material, provides:
“(1) . . . The following classes of bridge projects located wholly within the state shall be eligible to construction under the provisions of this section: . . .
“(b) Any bridge project located on the state trunk highway system or on a street in a fourth class city, not a portion of the state trunk highway system, but selected by the state highway commission as a direct connection between portions of such system, in which the bridge portion necessarily must be three hundred feet or more in length not including approaches, or in which the cost of the bridge portion as estimated by the state highway commission in its finding and determination is seventy-five thousand dollars or more, or in which there must be provided a movable span to permit navigation.
“(2) Initiation of proceedings. Proceedings for the construction of bridge projects under this section shall be initiated by a petition filed with the state highway commission. Such petition shall state that the petitioners desire*535 such construction, and the approximate' location thereof; that the proposed construction is necessary, and that the project to be constructed is eligible under the provisions of this section, in the opinion of the petitioners. Such petition may be filed ... by any county in which a portion of such bridge will be located if eligible under the provisions of paragraph (b) of subsection (1). Such petition shall be filed only by the governing body of such . . . county pursuant to a resolution, duly adopted by such governing body.”
It appears from the allegations of the complaint that this bridge project is to be located wholly within La Crosse county in this state; that it is to be located on a state trunk highway as well as on a United States highway; that the bridge portion necessarily must be more than three hundred feet in length not including approaches, and that the cost of the bridge portion as estimated by the State Highway Commission will be much more than $75,000. The project therefore is clearly eligible to construction under the provisions of sec. 87.02 (1) (b). If such a bridge project should be constructed pursuant to the provisions of said.sec. 87.02 then it is clear that La Crosse county is specifically prohibited from paying any portion of the cost thereof since sec. 87.02 (5) (b) provides:
“The cost of bridge projects eligible under paragraph (b) of subsection (1) shall be borne by the state and the counties in which any such bridge project is located. The state shall pay one-half of the cost except as hereinafter provided. The counties shall pay not more than one-half of the cost. If the bridge is located in more than one county, the portion of the cost to be paid by each shall be in proportion to their respective special benefits as determined by the state highway commission, provided that if the bridge is located on a United States highway no portion of the cost shall be paid by any county. Provided further, that no county shall be required to pay more than forty thousand dollars, nor shall any county in any case be required to pay an amount greater than one-fifth of one per cent of its assessed valuation as last fixed by*536 the state tax commission. In the determination of special benefits under this subsection, consideration shall be given.to the amount of population, area, assessed valuation of property, and local traffic that will receive special benefits by reason of the project, and any other factors deemed worthy of consideration.”
The language, “provided that if the bridge is located on a United States highway no portion of the cost shall be paid by any county” is so clear and definite in meaning as not to permit of a construction other than according to its “common and approved usage.” Sec. 370.01 (1). That proviso was enacted into law by the 1935 legislature. Ch. 285, Laws of 1935. On March 15, 1935, a bill was introduced in the assembly to amend par. (b) of sub. (5) of sec. 87.02, Stats. 1933. That bill passed the assembly without amendment, and, so far as here material, provided “that no county shall be required to pay more than forty thousand dollars, nor shall any county in any case be required to pay an amount greater than one-fifth of one per cent of its assessed valuation as last fixed by the state tax commission.” When the bill reached the senate it was referred to the senate committee on highways. An amendment to the bill was offered by that committee. The amendment proposed the insertion of the following:
“Provided that if the bridge is located on a United States highway no portion of the cost shall be paid by any county,” and the striking out another portion of the bill which read as follows:
“In cases where such bridges are in such condition that the highway commission has imposed restrictions limiting loads to weights below those prescribed by section 87.07, and are to be constructed under findings made prior to January 1, 1940, no portion of the cost shall be paid by any county.”
The amendment was adopted, and the bill, as so amended, was passed by the senate. Upon its return to the assembly, the amended bill was duly passed.
“The county board may construct or improve or aid in constructing or improving any road or bridge in the county. If any county board shall determine to improve any portion of the system of county trunk highways with county funds, it may assess not more than forty per cent of the cost of such improvement against the town, village or city in which the improvement is located as a special tax, provided that the amount of such tax shall not exceed one thousand dollars in any one year; provided, that no assessment under this subsection shall be made against any town in which the combined appropriation of the town and county for the improvement of county highways in such year shall exceed two mills on the assessed valuation of such town. The county clerk shall certify such tax to the town, village or city clerk who shall put the same in the next tax roll, and the same shall be collected and paid into the county treasury as other county taxes are levied, collected and paid. A portion or all of such special assessment may be paid by subscription or donation.”
While the first sentence of that section, standing alone, is broad enough to authorize the county board to aid in constructing any bridge in the county, it is clear that that sentence must be construed in connection with what follows.
Nor in our opinion is the contention of the attorney general strengthened by the provisions of sec. 67.04 (1) (d) which provides that a county may issue bonds for the following purposes:
“(d) To construct, acquire or maintain, or to aid in constructing, acquiring or maintaining, a bridge over and across any navigable or meandered stream bordering upon or intersecting the county.”
Whatever independent authority, if any, might have been exercised by virtue of that provision alone, prior to the enactment of the amendment prohibiting a county from paying any cost of a bridge on a United States highway, it is now considered that it is limited by the language of that amendment. While the statutes relating to the construction of bridges may seem to be somewhat inconsistent and conflicting, reasonably justifying divergent conclusions as to their meaning, if the language thereof is construed by itself and without regard to other provisions, we think it clear that the legislature of 1935 was of the opinion that, from the effective date of ch. 285, Laws of 1935, no county should
It is our opinion, (1) that a bridge which is eligible for construction under the provisions of sec. 87.02 (1) (b) may not be constructed under other sections of the statutes; (2) that the bridge proposed to be constructed is clearly eligible under the provisions of that section; (3) that the law is such at the present time that no county is authorized to pay any part of the cost of such a bridge on a United States highway; (4) that the bonds proposed to be issued by La Crosse county for the purpose of raising funds to contribute to the. proposed project are not authorized by law; and (5) that the demurrers were properly overruled.
It is perhaps unfortunate that La Crosse county is not presently authorized to pay a part of the cost of this project and that the construction of the bridge will consequently be delayed. The unanimous action of the board of supervisors in passing the supplementary bond issue resolution would seem to indicate that an overwhelming majority of the people of La Crosse county were in favor of contributing to the project. The legislature is about to convene, and, if in its wisdom the prohibition contained in sec. 87.02 (5) (b) is now deemed unwise, it may promptly repeal it.
By the Court. — The order of the circuit court is affirmed.