The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
81 SS,iTlFIA ~ Z DEPARTMENTS.
RECORD OF YESTERDAYS TRANsAC'
TIoNs AT THE CAPITOL.
How, Where and by Whom the Government
talAffairs of the People Of the Great
Commonwealth Of Texas are
Being Administered.
ATTORNEY GENERALS OFFICE.

NV. l., 1COl'
Messrs John W. Brown, W. n. McElroy. Chas
A. Newning, County Commissioners, Austin
Tex:
DEAR SIRs-In your letter Of Oct. E
you state in substance, that while the
south boundary line of the city OF
Austin extended south only to the
center of the channel Of the Colorado
river, a private corporation obtained
charter to build, and built and main.
tanned a toll bridge over said river at
the foot of Congress avenue. That
subsequently the county of Travis,
through its commissioners court,
purchased from said private corpora
ton said toll bridge, its approaches,
the road leading up to it on the south
for the distance of 800 feet, which was
owned in fee by the private corpora
ton, together with all franchises, etc,
and issued negotiable bonds in pay
nlent and withdrew the tolls, making
the highway and bridge public and
free. That subsequent to said pur-
chase, the Twenty-second legislature
granted to Austin an amended char
ter extending It's corporate limits so
as to include said bridge, it's APP
proaches and the right of way 900
rect in length above referred to; and
that you wish to be advised by this
department upon the following points:
l. Does the county of Travis lose
its title to the bridge, roadway, ap-
proaches, &C., because they are in the
city limits? Ifyes, can the citizens of
the county outside of the city be taxed
to complete the payment due by the
county for the purchase of said
bridge?" You are respectfully advised
that the county has not been Invested
of its title to said roadway and bridge
buG that it is held by it in trust for the
public, who have by dedication an
easement of travel over the road and
bridge. If the bonds of the county is
sued in payment for said bridge were
egally issued they must of course be
paid by the taxpayers of the whole
county.
2. You also inquire: "Who has the
right to regulate and control saiu
bridge, roadway, approaches, etc., the
ty-second Legislature incorporating
the city of Austin contains, among
others, the following provisions, which
is necessary to here notice: Section
So, as to taxes and bonds; section 50,
that the city council shall have eX-
elusive control and regulation of all
streets, alleys, sidewalks and high
ways within the corporate limits OF
the city. *";
"Sec 81. That the city council shall
!! fix and determine the nature and eX
{ tent of all sidewalks and streets, etc.
, ard shall have power to con
struct, regulate and keep in repair al
necessary sidewalks, footways anC
/ streets and to regulate the use OF the
same"
+ "Sec. So. That it shall be theil
; board of street and sewer commits
I soners) duty to prepare and recon-,
mend to the city council comprehen.
sive plans for sidewalks, streets
M
"Section 81, subdiv. %. The city
council shall have power by ordinance
to regulate and license all ferries and
toll bridges within the limits of the
city, except above a certain point
on the river; and subdivision fl. "To
prohibit and regulate the driving Of
cattle or other animals through the
streets of the city" Also subdivision
II of the same section; "Section IS.
That the (streeD superintendent, in
the absence of direction from the
board of street commissioners or from
the council or city engineer, shall
, with the advice Of the mayor have
general supervision Of all work on the
streets and b idges of the city within
such limit of expense as the council
may provide" Also Section 1OG.
"Sec. 113. That the inhabitants OF
the city of Austin are hereby eX-
pmpted from working on public roads
beyond the limits of the city
"Sec. 100. That the jurisdiction and
powers conferred on the city of Austin
by this act Shall supersede the auth
ority of each and all other municipal
corporations heretofore exercising any
authority over any part of the terri.
Tory l0CluuGu Wllnlu tlle boullbdIltS
Of the city of Austin as prescribed by
this act"
Our constitution, section l, article
II, recognizes the several counties as
municipal corporations and legal sub
divisions of the state.
From the sections cited above it is
clear that the legislature intended to
vest in the city of Austin the exclus-
i've control Of all public highways and
bridges. which could properly be said
to form part or section Of any public
street of the city. AS the corporate
limits of the city include the Colorado
river and narrow strip Of land on
either side thereof for Il distance OF
more than twenty.One miles above
: the bridge in question. it is not in
: tended that the conclusion herein
reached shall apply to any other
bridge than the one at the intersec-
ton of Congress avenue and the Colo
RADIO river. This bridge is wholly
within the city, is built across stream
, at its intersection with principal
l-Nr s., n : int