Jasper County Democrat, Volume 4, Number 25, Rensselaer, Jasper County, 28 September 1901 — CITY ATTORNEY’S OPINION. [ARTICLE]

CITY ATTORNEY’S OPINION.

City Attorney Kurrie was somewhat offended at the remarks of The Democrat last week regarding the legality of the council’s procedure in the library tax and the Makemself sewer matter. He still contends that the voting of the tax by the township made it apply to the city as well as the township and that it was not necessary for the council to make the levy; that the tax would follow the! result of the vote and must be placed in the township levy to apply to the city. In this contention, however, he admitted that Judge Thompson, who claims parentage of the “Jasper Public Library,” differed with him and held the same views as expressed by The Democrat, and to set all question at rest the ordinance providing for the city levying the tax was passed by the council Mondny night. Regarding the Makemself ditch inprovement, he contends that the statute of 1901 does not require plans and specifications for such iuprovemeuts, and they can be made by resolution of council only. He referred us to the statute under which the improvement was ordered, and it makes no mention whatever regarding plans and specifications, but we think other statutes govern this part of a proposed inprovement, for it would be odd indeed to make any inprovement of this , character, when the resolution did not fully set out all the specifications, without having something of the kind to go by. On this issue we still must differ with the city attorney, and contend that plans and specifications MUST be made and MUST be placed on file for a reasonable time before the date set for closing bids, and, it would seem, before advertisem *»t for bids is ordered. Otherwise contractors would hav£ nothing to be governed by in making a bid and would be as completely in tbe dark as are generally the taxpayers who must pay for the inprovement.