Show THE OPINION OK BONDS TENDERED BY A COUNTY ATTORNEY HF HE SAYS COUNTY CANNOT ISSUE HOW afla IS 4 COUNTY TO GET MONEY sometime ago weber county coant deci decided to d issue i buo bonam to 0 WO ili ahila is yere were advertised bcd forand for and rece ivel A chicago firm etite red into a contract for bortle I 1 lie of the bonds tit nt liar tit 0 6 per cent interest for ten tell iud albil twenty years tile only condition con dilion lie ing that their flidr attorney should look into the watter mutter und and avo 00 oo that the bonds were in ill regular form on oil ins doing do lo lie 10 found that there wa ant some bomell flaw IM in ill the law uit atit liori iny ing the of tile bonds lie ho notified the firm and chev notified wilier weber counte on oil tile the court decad debit yd PI lit at thu tho last meeting nii eting to havo it from tho the county attorney on oil tile sub eject lt t and lio lie rendered mide reil the following report to the county court of aelier county in ill complin w with ith your to rc q oest of alik letb ansti I 1 herewith lem submit tile following opinion 1 under tile statutes of nl our territory tin the county comity of weber has no tilt 1111 dhority to 6 itie boutis bonds for the payi payment nent of indebtedness or lor for tit the V prosecution of uny projector project or content plated which may lie bo necessary or for tile best interests inter cuts 01 ol the county tile authority for isi bonds fur for tile purpose of borrowing woney ilion e y to bo be expended expend oil for tile jim anti 0 tio the county bounty must alilya 1 lie le expressed i 1 l ity law it it is never fin ini plied I 1 tilt flie clearly cl italy of tile opinion ehilt the C milty lina has no to aslie bunds fur for tile lie of borr borrow 0 gitig ill money for till anny purpose 2 21 1 jill of ilia opinion oi from it a careful ful statutes and upon principle that tile county victir incur or liability for ally proper purpose pur and may borrow money th of cf it 4 11 pui luil ile ho total amount t of money bor borrowed rowel or not exceed in ill ally yeartie alio total ol of and ro ventie for tile two fiscal years immediately taw incurring of stich for tiny ally indebtedness or liability incurred c to that stilted stated above is by our absolutely void vo nl volumn I 1 1 laws lawa of utah paga IT faction fj 5 provided ji dd however that the 0 tho money so borrowed borr together tile en iru present indebted ei ot ol alie VoIl bounty lity abill not ilot exceed four air y 1 on oil tile valtie of nf tile tax prosperity prop erity aishi ti the enmity W 7 Is id by 1 y tile lust last ats s for territorial and county taxes provi oua to tile ille incurring arring af lucli indebtedness the limitation lion tile ol of money tu to bf be thred ni abobo stil let is fixed by act of co lylsel il july 1880 1886 a I 1 i otillia otil lit iii the li it a 5 Nollin leof tile the laws of mall tit page 0 5 5 i section 4 you von will geo eco that ill cobit comA dering tile as to the of money tile county lins hilt li lietner otNer to borrow you will till lake e into ril gioi tile whole amount if tho the ples elit indebtedness is of tile the county that is id to say tile whole ot money lolley Il that tile colilli county bad borrowed up ill to the present time i and nd now owes you will next at take into coh consideration the question as to audi Il money lolley tho the comity now ilow desires to borrow should tile w 11 ole lit not lot exceed four of tile the of tile taxable property as shown by tho lust assessment tile the alio contemplated lonii loan would le be mi and legal provided however low that the of money ey tile county now low desires to borrow 1 not exceed tile total amount ol oi its ita income ail and ro revenue for tile two fiscal years immediately preceding tile incurring of alie last named anio amount 3 tile power to borrow money on oil tile the palt of tile the CoIl county lity is an ail implied authority existing with tile county and so fir far as tit alio 0 forni lorm of borrowing Is concerned that is it matter somewhat immaterial I 1 ani am of tile the opinion Ito however wever that the Ir proper olier Illa manner illier in ill tile loan should bo be cou conducted ducted is by it ft resolution of your board properly drawn up lip to tile the effect that tile count county has certain proper outstanding ind b edrees it desires to pay filid jor for viat lot let tile tho r est lution bo be so BO drawn ILI aa t to 0 authorize the county court to borrow money at a stated rate of int rest crest made payable at a stated time and also alao authorizing tha issuance of pir rants payable to tile bearer and redeemable dee mable at a cert certain aill time biffi a certain rate of inte interest thereon or it bo be done by H resolution authorizing the probate judge and county clerk to mako make and execute a note on behalf of the county for tile alie money to bo be L borrowed or rowed thereon I 1 arn am ot of the opinion however wever that tho the most fir faai i ible plan would bo be to issue county warrants payable to the bearer bearing interest sit at a certain rate and made at ft a certain time any alio would purchase liase so these warrants war ranta would bo be fully protected and tho the county would bo liable for the amunt of money loaned thereon in giving you this opinion I 1 take it that this monolia to bo be the payment of the general ol of tile tho county and for its ita general ra ran nj taju u u pig lilt 1 ich leavo ellve liere been incurred on oil its lielia lf abid that tolo tole borrowed is ia not liot tolt tolo applied to 0 ally special purpose ill ell repa hepnir r tit of bligh ways i is aidi Mido ober lir district for or in lucli i it ia 3 exenia y iro provided I 1 led ded lor for by law fee first voil lille atall liua laws 1888 pagel 20 0 aliett ion 11 that fr for such lilt pur r po ean IL I 1 lax ax ti 10 lo leciel tilt alio of it alie se dittick to lio lie however fi first to the ali electors octora cl of bt lle who thill note to 1111 upon tile i lie ie I 1 antl I 1 afore the lie 0 sunn shall b aconia coma vt a two thirds vote mito 0 of alic I 1 ic legal vy votes etc otc cast shall lo lie 10 re before lc tile same shall lie 11 ulal lil ll iii bei lalko m 0 fillip ltv lt 8 tile I 1 ica ta 11 win will h vou on hato submitted to adine 11 ie all anil I 1 fully faill nit thein for your conr con coil L 11 nn comity co int attorney Attori Ky on oil this report the court coin elle ell cd tilt ul of other ways IB cletey liei lle eliy teY t to 1 I tile lioney beveral etere it 11 out ilif lilt inn aliu lie court d ogden Stan standard durd |