AN ACT authorizing cities on the coast of Texas to appropriate money and to issue bonds for improvement of their harbors and of the "bars" at the entrance thereof, and to levy a tax to pay the same. SECTION 1. Be it enacted by the legislature of the State of Texas, That the board of aldermen or other constituted municipal authorities of cities bordering on the coast of the Gulf of Mexico are hereby authorized and empowered to appropriate money to improve and to aid in the improvement of their harbors and of the bars at the entrance thereof: Provided, That they shall not thereby increase their aggregate debt beyond the amount of indebtedness limited by their charters, respectively; such appropriations to be made out of any surplus funds which may at any time be on hand, and by the use or sale of any bonds heretofore authorized to be issued: Provided, Such bonds are not needed for the purpose for which they were specially authorized; and also, if necessary therefor, to issue and dispose of bonds with interest coupons attached in such amounts as may be necessary, not to exceed the limit of indebtedness fixed by their charters. SEC. 2. The city council, or other constituted municipal authorities, as the case may be, shall levy an annual ad valorem tax on the property in said city, sufficient to pay the interest and create a sinking fund for the redemption of said bonds, as required by the constitution. SEC. 3. The interest on said bonds shall be paid semi-annually, aud it shall not exceed 5 per cent. SEC. 4. Said bonds shall not be sold at less than par. SEC. 5. Whereas the great demand for harbor improvements on the coast of Texas, and the near approach of the close of this session creates an imperative public necessity and emergency for the suspension of the rule requiring this bill to be read on three several days, and it is so suspended, and that the same take effect and be in force from and after its passage, and it is so enacted. STATE OF TEXAS, Department of State: I, Jos. W. Baines, secretary of state of the State of Texas, do hereby certify that the foregoing is a true copy of the original enrolled H. D. No. 543, passed by the eighteenth legislature of Texas, approved April 7, 1883, entitled "An act authorizing cities on the coast of Texas to appropriate money and to issue bonds for improvement of their harbors, and the bars at the entrance thereof, and to levy a tax to pay for the same," and now on file in this Department. Witness my official signature and the seal of State, affixed at the city of Austin, this 7th day of April, A. D. 1883. [SEAL.] P. WALTON, Acting Secretary of State. I certify that the foregoing act and certificate of Acting Secretary of State P. Walton, is a true copy of the originals on file in this, the office of the city clerk, of this city of Galveston. C. T. MCMAHON, AN ORDINANCE to authorize the issue of bonds to the amount of $100,000 to aid in deepening water on the Galveston Bar, and to provide for the interest and create a sinking fund for the principal of said bonds. Be it ordained by the city council of the city of Galveston SECTION 1. That the mayor and finance committee be, and they are hereby, authorized to have engraved or lithographed bonds of the city of Galveston, with semiannual interest coupons attached at the rate of 5 per cent. per annum, payable on the first of January and July in each year at the office of the treasurer in the city of Gal veston. SEC. 2. Said bonds shall be known as the Harbor Improvement Bonds, and shall be of the denomination of $100 each or any multiple thereof, and shall be made payable a the office of said treasurer, maturing ten years from date, and shall be signed by the mayor and countersigned by the treasurer of the city, with the corporate seal attached. SEC. 3. Said bonds to the amount of one hundred thousand dollars ($100,000) are authorized to be issued under and by virtue of this ordinance and in pursuance of the authority vested in the city council by an act of the Legislature of the State of Texas, entitled "An act authorizing cities on the coast of Texas to appropria e money and to issue bonds for improvement of their harhors and of the bars at the entrance thereof, and to levy a tax to pay the same," approved April 7, 1883. SEC. 4. The bonds authorized by this ordinance shall be sold for not less than par, and the proceeds thereof shall be deposited with the treasurer, as provided for in the next section of this ordinance: Provided, That none of said bonds shall be issued until the full amount of the issue, viz, one hundred thousand dollars, has been subscribed for or purchasers fourd therefor. SEC. 5. Said amount when obtained shall be deposited with the treasurer of the city and shall be used by the engineer of the United States Government in the immediate charge of the harbor improvements for deepening the outer bar of the port of Galveston, and shall be applied solely to that purpose. The said engineer shall draw drafts upon the treasurer of the city from time to time as he may need funds for prosecuting the work, and the city treasurer shall pay said drafts out of said funds until it is exhausted. SEC. 6. To provide for the interest as it falls due and create a sinking fund for the redemption of said bonds when due there is hereby set apart and appropriated as a special fund, to be used for no other purpose, 6 per cent. of the entire revenue of the city until the principal and interest of the bonds hereby authorized are fully paid up and discharged. SEC. 7 That an ordinance approved April 2, 1883, entitled "An ordinance to authorize the borrowing of one hundred thousand dollars to aid in deepening water on the Galveston Bar and to provide for the issue of bonds therefor," be and the same is hereby repealed. SEC. 8. That this ordinance take effect and be in force from and after its passage. I certify that the above is a true copy of an ordinance passed by the city council of the city of Galveston, April 16, A. D. 1883. C. T. MCMAHON, City Clerk. LETTER OF MAJOR S. M. MANSFIELD, Corps of ENGINEERS, TO THE CHIEF OF ENGINEERS. UNITED STATES ENGINEER OFFICE, GENERAL: I have the honor to refer to you a copy of a letter just received from the mayor of the city of Galveston, covering copy of law passed by the eighteenth legislature of State of Texas, authorizing coast cities to issue bonds for improvement of their harbors, and an ordinance of the city of Galveston acting under said law to issue $100,000 of 5 per cent. bonds to improve Galveston Harbor, under the direction of the officers of the United States Government in charge at this port, and expressing the hope that this action of the city council of Galveston will meet with a favorable response from the officers of the General Government. I have, in consequence, the honor to request that the necessary authority be given to enable me to exercise the trust so confidently placed. Very respectfully, your obedient servant, S. M. MANSFIELD, TO CHIEF OF ENGINEERS, U. S. A. LETTER OF THE CHIEF OF ENGINEERS. OFFICE OF THE CHIEF OF ENGINEERS, SIR: Your letter of the 24th ultimo, transmitting copy of a letter from the mayor of Galveston, Tex., inclosing copy of a law passed by the legislature of Texas, and of an ordinance of the city council of Galveston, passed in accordance therewith, authorizing the issue of $100,000 in 5 per cent bonds to be applied to the improvement of Galveston Harbor under the direction of the officer of engineers in charge of that harbor, and requesting the necessary authority to enable you to receive and apply the same, has been received. The following copies of the indorsement of the Chief of Engineers, submitting the matter to the honorable the Secretary of War, and of the indorsement of the honorable Secretary returning the papers to this office, are furnished for your information and guidance: "OFFICE CHIEF OF ENGINEERS, U. S. ARMY, “April 30, 1883. "Respectfully submitted to the honorable the Secretary of War, with recommendation that the officer in charge of the improvement of Galveston harbor, Texas, be authorized to receive and disburse the funds to be provided by the city of Galveston for continuing the improvement of the harbor at that place, in accordance with the existing approved project. It being understood that the United States is to be in no way responsible for the return of the funds so provided, and assume, no obligation in relation thereto. "H. G. WRIGHT, "Chief of Engineers, "Brig. and Bvt. Maj. Gen." [Second indorsement.] "The recommendation of the Chief of Engineers is approved, and the authority requested is granted upon the conditions indicated in his first indorsement hereon. By order of the Secretary of War. "WAR DEPARTMENT, “May 3, 1883." You will please notify the mayor of Galveston accordingly. Maj. S. M. MANSFIELD, Corps of Engineers. "J. STONE, "Acting Chief Clerk. H. M. ADAMS, Captain of Engineers. LETTER OF MAJOR S. M. MANSFIELD, CORPS OF ENGINEERS, TO HON. R. L. FULTON, MAYOR OF GALVESTON, TEXAS. UNITED STATES ENGINEER OFFICE, Galveston, Tex., May 14, 1883. SIR: I have the honor to submit for your information copy of correspondence had with the Chief of Engineers, United States Army, and the honorable Secretary or War, relating to the action of the city conncil of Galveston in appropriating $100,000 for the improvement of the harbor of Galveston under the direction of the officers of the United States Government in charge at this port. It will be seen that I am duly authorized to receive and disburse the funds to be provided by the city with the express understanding that the United States is to be in no way responsible for the return of the funds, and assumes no obligations in relation thereto. Be so kind as to acknowledge receipt and oblige, Yours, respectfully, Hon. R. L. FULTON, Mayor of Galveston. S. M. MANSFIELD, Major of Engineers, Brt. Lieut. Col., U. S. A. LETTER OF HON. R. L. FULTON, MAYOR OF GALVESTON, TEXAS. GALVESTON, May 16, 1883. DEAR SIR: Your favor of the 14th instant with inclosed copies of your letter to the Chief of Engineers, of April 24, and his reply thereto, were duly received and contents noted. I am gratified to find that you are authorized, with the conditions named, to receive the $100,000 appropriated by the city of Galveston for the continuance of your work. Just so soon as certain preliminaries can be gone through with, consequent upon the issuance and placing of the bonds, the amount of funds named in the ordinance will be placed in the hands of the city treasurer, subject to your order. Very respectfully, Col. S. M. MANSFIELD, Major, Corps of Engineers. R. L. FULTON, Mayor. By virtue of the authority conferred in letter above from the Chief of Engineers, dated May 4, 1883, the work of improvement, to the exhaustion of this special fund of $100,000 given by the ordinance above mentioned, will continue in accordance with the existing approved project. The money will be applied to the building up of the south jetty. In addition to this action of the city authorities, I must make mention of the aid extended to the work on the part of the Galveston Wharf Company in granting the Government free wharfage and facilities for handling stone since the work commenced, which of itself is a very handsome contribution. No better evidence of the public spirit and desire on the part of the citizens of Galveston to secure deep water could possibly be offered, and this action is well worthy of the consideration of Congress in connection with further appropriation for the purpose. The estimate in accordance with approved plan of 1880 was $1,825, 813 825,000 1, 000, 813 Five hundred thousand dollars could be very profitably expended in the fiscal year ending June 30, 1885, in continuing the work of improvement inaugurated. The work is located in the collection district of Galveston. The nearest lighthouses are in Bolivar Point and Fort Point, at entrance to Galveston Bay. Money statement. Amount appropriated by act passed August 2, 1882 July 1, 1883, amount expended during fiscal year, exclusive of outstanding liabilities July 1, 1882... July 1, 1883, ontstanding liabilities.. July 1, 1883, amount available $300,000 00 $257,249 88 267, 759 23 32, 240 77 1,000, 813 00 Amount (estimated) required for completion of existing project... Amount that can be profitably, expended in fiscal year ending June 30, 1885 500,000 00 Abstract of proposals for furnishing material, &c. (Galveston Harbor, Texas), received in response to advertisement, dated August 21, 1882, and opened September, 18, 1882, by Maj. S. M. Mansfield, Corps of Engineers. REPORT OF MR. W. A. HINKLE, SUPERINTENDENT. UNITED STATES ENGINEER WORKS, Galveston, Tex., July 12, 1883. SIR: I have the honor to submit my report of operations on the improvement of harbor at Galveston, Tex., for the fiscal year ending June 30, 1883. The work consisted in the manufacture and placing of mattress, repair of plant, building sand fence and dredging bar. On hand July 1, 1882, six mattresses, 15 feet by 95 feet by 1.4 feet. An aggregate number of mattresses, placed in jetty, five hundred and thirty-two; leaving ten mattresses (30 feet by 9 feet by 1.7 feet) on hand June 30, 1883 There have been 500 feet of sand fences built at Fort Point, in which 12 cords of brush were used. |