Council Proceedings: September 6, 1898

16

To the Mayor and City Council, Fort Worth, Texas.

Gentlemen:-

As I cannot be with you at your next meeting I take this method of entering my protest agaisnt the contemplated action of the city council in the erection of a twelve thousand dollar fire hall. I oppose the erectio of said building upon the following grounds:

1st. I do not think the city is able to build a fire hall as expensive as the one contemplated.

2nd. I believ a fire hall that will answer all the purposes of the one contemplated can be built for six or seven thousand dollars, and it seems folly to me to undertake to put in such a large amount of money the main purpose of which is ornamentation and not service.

3rd. As this fire hall when completed will not accomdate all the apparatus of the city needed for use in the fire statons but will still leave the city in a position where it will have to lease a fire hall somewhere on Rusk or Front street, I believe that if the council is going to expend this amount of money it would be better to put it into two fire halls so that the entire apparatus could be accomodated, and the payment of rent cease, than to put it all into one building.

4th. I am not at all clear with reference to the leaglity of the course we are pursuing whether the city can leagally contract a debt in the manner in which we are seeking to contract this one. A recent decision by our Supreme Court holds that where a city council pays a debt illegally contracted that the members of the counsil render themselves subject to a prosecution for a felony as misappropriators of public funds. In the face of this decision I think it is folly for the council to undertake to move in the matter unitl the whole questionis thoroughly investigated by the city attorney, and

his written opinion is filed with the council as to whether or not it can contract a debt legally for the erection of this fire hall. As I remember the city charter it does not authorize the issuance of city notes except for current expenses, and the limit of the bonded debt of the city has been exceeded, and before any action is taken I think the city attornye should give his written opunion covering the way in which this debt cab be contracted and carried. I also think that the ordinance that was filed at the last meeting of the council and which went over under the rules, without discussion, should be submitted to the city attorney and a proper orginance prepared by him for the use of the city before any effort is made to pass the same in the event he holds the authority exist to contract this debt. If the city has the power to contract this debt I see no limit to its spower to incur indebtedness, and we may go on piling up debts for hundreds of thousands of dollars and thereby evade the whole purpose and spurut of the laws seeking to limit the amount of indebtedness the city may incur. The last amendment of the charter prohibited the incurring of certain debts without a vote of the tax payers. I have not this amendment before me, and therefore, do not know the extent to which it can go, but the whole matter can be thouroughly investigated by the city attorney, and we will have confidence in his opinion.

Yours very truly,

M.A. Spoonts

Communication on Live Action ___________

Duly- read when the ordinance come of.

Filed 9/6 1898 Jno T. Montgomery City Secretary

John B. Hawley Hydraulic Engineer ASSOC. MEM. AM. SOC. C. E. City Engineer Fort Worth.

Fort Worth, Texas, Sept. 6th., 1898.

Hon. The Mayor & City Council, City.

Gentlemen,-

Below please find list of fees received - City Engineers Office - furing August 1898.

Very respectfully,

John B Hawley City Engineer.