139 Ky. 541 | Ky. Ct. App. | 1908
Opinion op ti-ie Court by
Affirming.
This is an appeal from a judgment of the Shelbv circuit court dismissing an action .brought by appellants, resident qualified voters and taxpayers of the city of Shelbyville, to enjoin the ¿ssual and sale by the city authorities of $30,000 of bonds, the proceeds of which are to be applied to the construction of a system of sewerage in and for that city. The only complaint made in the petition is that the indebtedness imposed upon the city of Shelbyville by the issue of $30,000 of. bonds will exceed the revenue of the city for each of the years 1907 and 1908. In their
Shelbyville is a city of the fourth class, with a population of about 6,000. In view of its size and the fact that it owns an excellant waterworks plant, from which its inhabitants are supplied with good and wholesome water, no doubt can exist as to its need of a good system of sewerage. At any rate, the board of council of the city had the exclusive right to determine whether the construction of sewers for the use of its inhabitants was necessary and that body having by ordinance so declared, its decision of the question is conclusive. Section 3490, subsection 9, Ky. St. 1903, applicable to cities of the fourth class, provides: “The board of council in addition to other powers herein granted shall have power within the city, to construct and maintain
It appears from the record that all the steps taken by appellees’ board of council to make good the contemplated issue of bonds conformed to the requirements of the law. The necessity for such a sewerage system as is contemplated, as well as for the issue and sale of the bonds, was declared in an ordinance passed by the council, and ordinances, in proper terms, providing for the calling and holding of the election and declaring the result thereof, were duly passed by the council. These ordinances were duly published as well as passed. Proper notices of the time, place and manner of holding the election were duly given and published, and the proposition voted on was duly submitted at the election. The election was legally held at the regular November election, 1907, and the returns properly certified, showing that more than two-thirds of the qualified electors of the city voted to incur the indebtedness and issue the bonds. Indeed, our examination of the record has failed to disclose that there- was an omission on the part of appellees to comply with any requirement of
The record, however, is silent as to whether or not the annual tax rate to meet the expenses of the city government and its other indebtedness, Che interest on the $30,000 of bonds to be issued, and the creating of a sinking fund for their payment as due will exceed 75 cents on the $100. Under section 157 of the Constitution no levy can be made in a city of the fourth class exceeding 75 cents on the $.100, other than for school purposes,, or to pay interest on and to provide a sinking fund for the extinction of an indebtedness created before the adoption of the present Constitution. In the absence of allegation and proof to that effect, we will not assume that, in order to provide for the payment of its other indebtedness, pay the interest on the $30,000 of bonds, and provide a sinking fund for their payment at maturity, the city of Shelbyville will have to levy an annual tax in excess of 75 cents on the $100, but.will say
Wherefore the judgment is affirmed.