The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-01-19

election ordered for the purpose after
thirty days notice by the mayer, by
tho authority of and In the method
that may be prescribed by thecity
council. All bOuds shall specify\fOr
what purpose they were issued, aud
when any bonds are issued by tie
city fund shall be provided to psy
the interest and per cent per annuR
on the principal az sinking fund I'd
redeem the bonds, or pay them at
maturity; and said sinking fund shall
not be diverted to or drawn for any
other purpose, and the city treasurer
shall honor 10 draft drawn on said
sinking fund except to pay the inter-
est or redeem the bonds for whic D..
said fund was provided. The sinking
fund for the redemption of any bonds
aud the payment of interest thereon
shall be inve sted, az fast as the same
accumulates, In interest bearing bonds
of the United States or of the state of
Texas or of the city Of Austin, as the
| city council may deem most advan-
tageous; and such bonds and interest
thereon shall be sold when necessary
to pay or redeem the bonds for which
the sinking fund was established
Seventh-To construct water works,
gas works and street railroads, with
in or beyond the city limits, or both;
to provide the city with water and
gas. and to erect bydrants, fire plugs
and pumps in the street; 10 erect The
necessary machinery, lamp posts, ETC.,
for lighting the city, within or beyond
the limits of the CITY, for the convent.
ence of the inhabitants Of the city and
virons.
Tenth-To provide for the lighting
of streets and erecting lamps there
on.
And by section twenty of the same
article: "To provide for the prevent
ton and extinguishment of fires and
organizing ana establishing fire com
panies, and by article 7, section l, OF
said charter. $40 make all ordinances
which shall be necessary and proper
for carrying into effect the powers
specified in the preceding section"
That the city has no further powers
with reference 10 taxation and
the issuance of bonds and erection OF
light and water system than is pro-
vided Tor in the provisions of it's chart
or quoted.
That the city council, on March 81,
1890, passed an ordinance ordering an
election under section 2 OF the charter,
to obtain the consent of the property
tax paying qualified voters of the city
of Austin for the purpose of extending
the bonded debt OF the city in the sum
of 81 400, 900 beyond the existing bond
ed Indebtedness of the city i'm the sum
of SIPS, 900, for the purpose of ICON
structing q system OF water works and
to furnish lights for the city and the
citizens thereof" That said election
should be held on the 9Th day of May,
1890, to determine whether said bonds
should be issued.
That on April 8, 1890, the council
passed another ordinance creating the
b ard of public works, with power to
contract for the construction of a dam
across the Colorado river at the point
selected by j. p. Frizell, civil engin.
eer, in order to provide the city with
water and light, and also that the
bonds when issued should be sold at
par and the funds arising therefrom
should be devoted to the payment of
the work as it pr crosses.
An election was held on the 5th day
of May, 1890, and resulted in over two
thirds of the Qualified voters, taxpay.
ers of the city, voting in favor of the
issuance OF said bonds to the extent of
81, 400, 900.
July 81, 1890, the council passed an
ordinance declaring the result of the
election being in favor of the issuance
of the bonds and providing for the is
suance of 400 bonds of the city of The
denomination of $1,000 each. And also
provided for the levy and collection of
tax of ST.. IL 1-2 on the 500 worth of
property made taxable by the charter
of the city and the constitution and
laws OF the state in order to provide
for the interest and the sinking fund
of per cent annually to be paid on
said bonds.
The petition further alleges that
since the passage of the last mentioned
ordinance the city has issued bonds,
sum of 5000 600.
From description of the bonds as
issued it appears that they are negn-
table in form and recite the facts
showing under. what authority they
were issued, and it appears upon their
face that they were issued for a lawful
purpose IN order tn furnish the city
with water and lights, and were issued
by consent of two-thirds of the quail
ged taxpay ing voters of the city, as
expressed at the election held for that
purpose.
In effect it is also shown
that the dam is being constructed
across the Colorado river in pursu.
ance of said ordinance, and that
the proceeds of said bonds are being
used to pay for same, and that the
city will issue the remaining bonds. srs
Other allegations OF the petition will
be noticed in discussing the several
questions passed upon in the opin-
ion.
The first question of importance that
we consider, is: Do the allie. atIons of
the petition sho that appellant is a
proper party to maintain this action,
and is he entitled to the relief
asked?
The petition in effect alleges that
the bonds were issued and the con
tract of erecting the dam was for an
unlawful purpose-which allegations
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