Board of Education v. General Council
Court of Appeals of Kentucky
Case 89 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. Under the only fair and reasonable construction of the statute (section 3219), the general council has no choice but to levy the rate asked by the board of education, so that the same does not exceed in any one year thirty-five cents on each one hundred' dollars’ of property; if the matter was intended to be left to the discretion of the general council and i't should make a levy not large enough for the needs…
Read the full summary
Case 89 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. Under the only fair and reasonable construction of the statute (section 3219), the general council has no choice but to levy the rate asked by the board of education, so that the same does not exceed in any one year thirty-five cents on each one hundred' dollars’ of property; if the matter was intended to be left to the discretion of the general council and i't should make a levy not large enough for the needs of the board of education, the board •could not make up the deficiency because it has no power to levy taxes. 1. While…
1Opinion of the CourtChief Justice Lewis
By section 3219, Kentucky Statutes, the board of education of a city of the second class is required “annually in the month of January, to approximately ascertain the amount of money necessary to be used and defray the expenses of maintaining the schools, improving or constructing buildings, and so forth, thereof, and any liquidation of the liabilities during the current fiscal year, and report the same, together with the amount to be received from the *636common . school fund of the State of Kentucky (which amount the board shall ascertain by taking the census required by law) to the auditor,…
2Cited by2 opinions
- Board of Education v. TownsendCourt of Appeals of Kentucky · 1910
- Floyd County Fiscal Court v. Floyd County Board of EducationCourt of Appeals of Kentucky · 1917