By proper action of council, the matter of the purchase of a fire engine and other purposes, and the raising of the money for the same was submitted to the voters at the last November election, when the issuing of bonds by the borough in the sum of nineteen thousand five hundred dollars ($19,500) for the purpose aforesaid, was passed. The bonds not yet being issued, the said borough has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed the day and date above written. the loan be accepted and transcribed in the minute and resolution books. Motion prevailed and was so ordered. Answer: Affirmed. See my finding No. .4. 15. The said defendants, at a meeting of council, held January 3, 1921, by resolution, resolved to purchase a premises known as the "Barron Hotel Property" located in said borough, containing nine acres and one hundred and twenty-three perches of land, more or less, for the consideration of the sum of ten thousand dollars ($10,000.00), part of which consideration money was to be paid out of and by contributions to the borough aggregating at least three thousand dollars ($3000.00), and received as evidence of such contributions, the following subscriptions: Coopersburg, Pa., Nov. 15, 1920. To the Honorable Borough Council: We the undersigned, citizens and taxpayers of Coopersburg, Pa., subscribe and promise to pay the amounts attached to our names, to borough councils, for the purpose of purchasing the Barron property located on the East side of Main Street between Station Ave., and Oxford Streets, the same to be used for Fire House and Auditorium Site and thereon to build the proposed new Fire House and Auditorium and that the amount attached to our names are paid as donations to the Borough of Coopersburg, Pa., providing the aforesaid property is procured and a Fire House and Auditorium built thereon and all the grounds in the rear of the building to be kept as a pleasure ground and none to be sold or otherwise disposed of. Answer: Affirmed. See my finding No. 15. 16. On the tenth day of January, 1921, the owners of said "Barron Hotel Property" executed and delivered to the said borough an option wherein they agreed to convey the said premises to the said borough in consideration of the sum of ten thousand dollars ($10,000.00) according to the terms and stipulations therein mentioned. Answer: Affirmed. See my finding No. 16. 17. There is no record among the records of the return of such election in the Court of Quarter Sessions, showing that the vote as returned had been counted by the court, as is provided by general laws governing municipal elections. Answer: Affirmed. See my finding No. 17. (b) By Defendant. 1. The plaintiffs are residents, electors and tax payers of the Borough of Coopersburg. Answer: Affirmed. See my finding No. 1. 2. The Borough of Coopersburg is a borough having corporate existence in the County of Lehigh and is one of the defendants, and the other defendants are the Chief Burgess and Members of Town Council. Answer: Affirmed See my finding No. 2. 3. That on September 1, 1919, the Town Council of said borough by due and proper action signified their in tention and did ordain and enact that the corporate indebtedness of the borough be increased in the amount of nineteen thousand, five hundred ($19,500.00) dollars, for the uses and purposes in said ordinance fully set forth, and that bonds in the sum of twenty-six thousand ($26,000) dollars be issued, in the denominations and upon the terms as set forth in said ordinance, and that out of the amount of said issue, the sum of sixty-five hundred ($6500.00) dollars be set apart, and to be used for the redemption and payment of the bonded indebtedness of the borough then outstanding; and further providing for the holding of an election in the borough on November 4th, 1919, being the date of the regular municipal election, for the purpose of obtaining the assent of the electors of the borough to such increase of indebtedness. Answer: Affirmed. See my finding No. 3. 4. That said election was duly held, and return thereof made to the Court of Quarter Sessions of Lehigh County, showing the result of the election as follows: In favor of the increase-177 votes; Against the increase19 votes. Answer: Affirmed. See my finding No. 4 5. That the defendant borough now proposes to issue said bonds as authorized, and for the purposes for which said increase of indebtedness was made. Answer: Affirmed. 6. The borough did purchase a property known as the "Shenk property," and which is now found unsuitable for the purposes for which the increase of indebtedness was made. (See testimony page 9). Answer: Affirmed. See my findings Nos. 13 and 15. 7. The Borough of Coopersburg, not deeming the property known as the Shenk property, suitable nor sufficient for the purposes for which it was intended, obtained an option for the purchase of the "Barron" property, and by proper corporate action, determined to purchase the Barron property upon the terms as fully set forth in Plaintiff's Exhibit "F", under date of January 3rd, 1921, and which provides that at least $3,000 of said purchase price be contributed and paid to the borough for the purpose of said purchase, by voluntary contributions from tax payers of the borough, the subscriptions for this purpose now being the sum of thirty-seven hundred ($3700) dollars, as shown by Plaintiff's "Exhibit B", offered in evidence. Answer: Affirmed. See my finding No. 15. 8. There is no evidence submitted as to the assessed valuation of taxable property in the borough, and therefore, the allegations contained in the eighth paragraph of the bill cannot be considered. Answer: Affirmed, except that the certified copy of the advertisement, now in evidence, states an amount as the valuation. 9. The allegations contained in the ninth paragraph of the bill being denied in the answer, and no proof being submitted, the same are not established, and cannot be considered. Answer: Denied, not being a request for the finding of a fact. 10. That none of the bonds referred to in the bill have yet been issued. Answer: Affirmed. 2. Conclusions of Law. 1. That Ordinance No. 78 ordained and enacted by the corporate authorities of the said defendant borough, on the first day of September, 1919, in pursuance of which the defendants claimed to be authorized to hold such election so held, and to increase the indebtedness in the amount as therein mentioned, and to issue bonds in the denominations and in the amounts for the uses and purposes as therein mentioned, is invalid, illegal and void for the following reasons, viz.: (a) The title of such alleged ordinance is vague, indefinite and misleading and gives no notice of the contents thereof. Answer: Denied. (b) The said ordinance contains more than one subject which are not set forth and contained in the title thereof, in that in addition to signifying the desire of the corporate authorities of the Borough of Coopersburg to make an increase of the borough indebtedness in the sum of nineteen thousand five hundred dollars ($19,500.00), it further provides for the issuing of bonds in the sum of twenty-six thousand dollars ($26,000.00), out of which said issue the sum of sixty-five hundred dollars ($6500.00) shall be used for the redemption of the already existing bonded indebtedness, and also provides for the holding of an election at the time and place as therein mentioned none of which said latter provisions are set forth in the title thereof; and contains the blendings of other subjects or questions not authorized by law. Answer: Denied. (c) That said ordinance does not provide for the levy and collection of an annual tax sufficient for the repayment of the interest and principal of such debt within the period as prescribed by law. Answer: The fact referred to is found but the legal effect of that fact is denied. 2. The election so held on November 4, 1919, and at which said election a vote was taken by the electors of said borough upon such proposed increase of debt in the sum of nineteen thousand five hundred dollars ($19,500.00), is illegal and void for the following reasons, viz.: (a) The alleged ordinance in pursuance of which said election was held is illegal and void, and confers no authority to hold such election. Answer: Denied. (b) The election so held is in violation of the act of April 20, 1874, P. L. 65; act of June 9, 1891, P. L. 252, and act of May 1, 1909, P. L. 317. Answer: Denied. (c) The return of such election so held, made to the Clerk of the Court of Quarter Sessions is illegal and void, and violates the act of April 20, 1874, and its supplements and amendments thereto. Answer: Denied. (d) There is no legal record of the return of such election among the records of the Court of Quarter Sessions of Lehigh County. Answer: Denied. (e) There is no legal record of any certified copy of such return under the seal of said Court of Quarter Sessions showing the result of such election placed upon the minutes of the corporate authorities of said borough. Answer: Denied. 3. The bonds proposed to be issued by the said bor |