The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1883-03-09
THE CITY CHARTER.
The CiIy's Power 10 levy II
special Tax TO Improve
Streets and sidewalks.

| enlightenment of the citizens aAu the ben
cht OF the council We will bore give that
clause. verbatim As 1t stands in thc pres
Cnt city charter:
"The mayor and city council shall have
power, hy Otdlnat CO. to levy anu collect
n sppci,l tax on the holders OF the lots or
any streets. LINES. avenue or alley. accord
ipG TO the RESPECTIVE fronts owned by
them, for the purpo.c OF paving or EN-
IbeIli-hing with shade trees, or Qfaiing
/ -uch sttrtt. lane. avenue or alley; provided
( ALWAYS, sutH tax shall MT exceed une-ha {
| of one pei ccntum at the va We OF sad
/ lot. nor shall the grading or paving bc done
at the sole and exclusive expense OF the
owners OF the lots fronting on the street,
[ lane, avenue or alley uni s. petition
Tor suGu grading or paving signed by the
owners OF major pat OF the grOunl
fronting til reon or adjoining thereto, be
presented Tor such purpose
We have sought, AMI sought in vain for
an expression OF the oplhi ~ I the cOun-
iii upon hi. provision Il their charter
with few Il nt.riug exc, p'iOus the mDm-
brrs ot that honorable body, like -UhuoI-
BOYS .ccki < refuge hunc III the pIo'eCt
ing told, OF their mothers apron,, direct
our attention to stc.iun 81 article NJ OF
the constitution of 1876, and tell us that
there IL iull explanation OF why
e
with the streets and other
matt r.. We turn to that section and Nod
tina one ui It's provisions reads thu.ly:
They may levy, asses and collect
an annunl lax to delrty the current eX-
penscs oftlcir local government, bur such
tax shall never exceed, Tor any one year,
one fourth OF per cent.
We read and ponder vel upon this par
ticular part Of that brilliant work, winch
Is the omanatiJu of the IN Istor nlelcct>
OF the state ui Texas. That constitution
Ia magnificent work, uotwith-u ndiug
the !, EislAtuIe Is over burdnu'd with a.
plicai ms to submit numerous prop scd
amendments.
Alter much delIherutipn upon the mat
ter. and being In our own mud thorough
! liz convinced that that provision ui tie
constitution IN no Wny repealed or abroga-
led the power given to the mayor and
council Of the city OF WtcO, in the GXtr vt
from the charter above set out. We HE MS
to the office IT our able city attorney to
request hi opinion upon the issue is pre-
scented. Nj, Boling,r, the city ut'urnc,
not being 10 the city, We solicit the upiu
ion ut leading attorney, ard one who
| has filled with dit ngluShCd ability, "a -rNt
as member OF one OF the higher cont,
of this state. In reply 10 our uuC.tIu ,
Nne'"V'' ~ .'a ~ ''''Ii'' ~ '"y ~ ,''D
20 "el '"iS ',," ,,',,,i'I I', ~. va "a,
~ "',' ""l' P'i l,,' ,'..i '"' H., w.
said that II uuquostlonAbiy had. That the
provisions OF section 1, article y Of the
/ constitution did not repeal or affect III,
power OF the city to levy such tx. That
thos" provision applied alone - the levy
aud collection Of such u tax for the pur
u7.s u, ",N' "a J., We NV anu 'o,n 90,
"'' a.. .,.,, @
f, ,," ',. iy,''.i,,
,,,, d. ,,,,. i,i,.,, ,i ,,,o,,. ,.tI,,r ain.
and in,,Il,',,., ,..til..,. and go .,r, ,l. a +,
n'.,, ,l,. C,t ,tl..sf i,vn a. ti,,. ,.,t
"nY,.i Nr,,I.,.'i .gr tn h. .,ll,. In civ,
IN rim. ,oun,.t. on .l-,.lh,.u .i,.n.. oi iN
NIt,r.,, Boil ug,r.r- Nh. lr-aI rrrr,s...t
Ii,t.y,. Of tho. it,. tl.l 1. uIublrl,. prrIuuc.
to glvra very fun and cpnc'u-tv, upmol
upon IN, question.
Now. tho pitIZ.ns have nm uupoIt nit,
of az intelligent understanding ui th
coAai Ion OF the city, he low.ts ut tu
mayor and council, and # the qu III
VI 70 PAT TO them wc ieci no hesitation
IN sn'ins thh ir'm "a
large number OF wealthy property hold
q IN tins city would come nu cmphatl
Response nom Hn 'erwhtimiuS mNI"rt
OF them M iay"r Il ItNyink th3 Sprciu
las. II lS not cont mPl"ted IN 'hIH pro
upon the property holder unless IL ma
iorIty OF Tia ~ owning lots fronting pu
the proposed impruveme. h should 81
elect. The city is expected to con r,but
to Il small cutent TO the EXPENSE an
/, thia Aha gnn rpnlilv lt whtu
y is understood that the hut
4 L