San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-02-16


The City Attorney made his report,
which was, in substance, as follows:
| have Investigated the question AS to
the rights OF the city TO u way on both
sides of the river within the Bracken-
ridge property. found, from the sur
vey Of the city lands made In 1852 by +.
Giraud, that the lines of this property
apparently run 10 and include the river.
| also find a map made by Louis GIraud
in 1879, then City Engineer, which shows
the lines do not run 10 the river. Ii the
property was not laid out TO the river rs
shown by the map Of Louis Giraud, made
in 1879, the title OF the city to the river
did not pass.
70 determine definitely which Of these
surveys was correct, ana fearing that the
statute of limitation might cut us of
with further delay, offered the follow
ing resolution
That the City Engineer be directed to
survey the lands comprising those of g.
W. Breckenridge and others at the head
Of the river with a view OF seeing II the
said property runs to and includes the
river In accordance with the opinion
rendered to the Council by the City At
tOrney; that n survey was required for
him TO determine more definitely the
lines of that property.
Alderman Belknap offered an amend
ment to my resolution, that survey
should be made If, upon due examinR-
tion OF the city records, there was any
shadow Of a claim.
The resolution was then voted on and
carried, | suppose, in Il pigeon hole.
Now, if | am correct, this sends it
back for the City Attorneys opinion
again, as this amendment calls for the
same as my first resolution for the title
to be Investigated.
am willing to stand by any resolu-
tiOn offer in this Council. | think they
will stand the criticism of an intelligent
public. cannot see the object OF not
acting at once on resolution when 1t
is the only purpose to Investigate the
ownership of property when we have
good reason to think this city Is the
owner. And do not intend to have my
resolution put in some dark corner
without making an effort to resurrect 1t;
the vote Of this Council will show where
each man stands. lfyou put me down
| will have the satisfaction Of knowing
that | have done as far as | can, my
duty.
cannot see how you can help inves-
tigating the title to these lands. have
had an interview with Mr.. NewcOmb
and invited him to give me all informa-
ton in his power in regard to his reso-
luton of 1870, and will read his letter
| think he was an old member of the
Council at the time. Here is his letter {:
Hon. y. Mackay, Alderman First Ward:
SAN ANTONIO, Texas, January 10,
lSs6.-SIR: In response to your inquiry
respecting resolution which | offered
at meeting Of the City Council July
10, 1879, and the subsequent report Of
City Engineer relating thereto, | have
to reply: AS the minutes OF the Council
proceedings do not give the discussion
Of the resolution, | must depend upon
my recollection OF the matter. The city
had leased some six acres OF school
property to the Water-wOrks Company,
including water power; this property Is
situated at the head OF the upper Labor
ditch and Alamo ditch; the liplits OF the
ground SO leased had not been surveyed;
the Water-wOrks Company claimed that
the six acres included a little island in
the river just opposite the head of the
race that supplies the water for the
works. Colonel Breckenridge had built
a barb wire fence across this island and
over the stream or main branch of the
river, Nv resolution was to have de-
fined the boundaries OF the land leased
the Water-wOrks Company. The City
Engineer made careful survey Of all
the property adjacent to the river, and in
his report disclosed the fact that lots
Nos. %, %, y and -, on the east side
called for specified number of yaras
from a street on their eastern boundary
and running to monument or monu-
ments certain number of varas from
the river, leaving marginal reservation
along the river; as these were city lots
with liked boundaries and exact limits
not calling for the river rs boundary
| the City Council without dissenting
vote ordered the report of the City En-
| gineer TO be filed and such obstruction
| as existed on the reservation removed
Accompanying the Engineers report
was a plat of the ground covered by thu
report, which should be on file in tn
City Engineers office.
Very respectfully,
JAMES Z. NEwCoMB.
Alderman French says that every new
member who comes into the Council ha
been told by somebody about some RICH
Of which the city has been Invested a
or so years ago, and nothing will do bu
he must introduce a resolution on thu
subject. ask the gentleman when n
made that statement II he did not know
that he was making a Misrepresentation
for In looking back over the proceed
ings of the former Council, | find onl,
one resolution, and that | lind in boo
f, page II, July 10, 1879.
Resolution by Hon. j. Z. Newcoml
That the City Engineer proceed to es
tabIish the limits Of the property lease
to the San Antonio Water-Works Com
pany, and locate the river boundar
from the city dam to the head OF tn
river.
| find in Record d, page 81 and s,
dated August ., 1879, the following r.
port of the City Engineer, Louis GirauC
IL have the honor TO submit herewit
as per your resolution OF last meeting,
nap showing property leased by th
city to the Water-works Company, tn
property belonging to the city is colore
red.
In establishing the boundaries of tn
several lots fronting on the San Antonl
river above the head of the Alamo ditcl
| md by measuring from the back en-
of said lots fronting on street runnin
north from the Government Depot, thu
they do not reach the river by about fiy
varas. desire particularly to call yor
attention to the western boundary
the lots Nos. %. 26, u and %, which te
inmate at a spring branch of the rive
and do not reach the main river by
VarGs.
am therefore of the opinion that II
property belongs to the city, and | sin
ply desire to lay this matter before yOI
honorable body, that you may take sue
steps as you may deem proper in Il
premises.
The plat was ordered filed, the repo
received and adopted and the Mayor d
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