292 ........................................................................................... The following applications to operate service cars, viz., James P. Hyones, Fred C. Genswein, Jesse Robey and J. M. Braden, were granted by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; nays, none. Councilman Graham moved that the bid of the Calcasieu Lumber Company to furnish cement in car load lots to the City of Austin for the six months beginning January 1st, 1920, be accepted. Motion carried by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; nays, none. The Council then recessed. Jack Hornsby City Clerk SPECIAL MEETING OF THE CITY COUNCIL: Austin, Texas, January 13, 1920. The Council met with the following members present: Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; absent, none. Bishop Geo. H. Kinsolving and D. K. Woodward appeared before the City Council in the matter of exempting certain properties belonging to the Church Corporation of the Protestant Episcopal Church from taxation. After a lengthy discussion of the matter, Councilman Graham introduced the following resolution: WHEREAS, the City Assessor and Collector of Taxes has heretofore caused to be assessed for taxation for the year 1919, Lots 1 to 6, both inclusive, and 9 to 14, both inclusive, and 20 to 24, both inclusive, and 27 to 32, both inclusive, in Block 10, Outlots 15, 16 and 17, Division "D", Whitis Addition, in the City of Austin, said lots belonging to The Church Corporation of the Protestant Episcopal Church; and WHEREAS, from evidence deemed sufficient, it is the opinion of the City Council that all of said lots above named are exempt from taxation on account of being used exclusively for school purposes; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That all of said lots above enumerated and described be and the same are hereby declared exempt from taxation by the City of Austin for the year 1919, and the City Assessor and Collector be and he is hereby instructed to strike same from the tax rolls of the City. Councilman Haynes then offered as a substitute, the following resolution: WHEREAS, the City Assessor and Collector of Taxes has heretofore caused to be assessed for taxation for the year 1919, Lots 1 to 6, both inclusive, and 9 to 14, both inclusive, and 20 to 24, both inclusive, and 27 to 32, both inclusive, in Block 10, Outlots 15, 16 and 17, Division "D", Whitis Addition, in the City of Austin, said lots belonging to The Church Corporation of the Protestant Episcopal Church; and WHEREAS, from evidence deemed sufficient, it is the opinion of the City Council that Lots 9 to 14, both inclusive, and Lots 20 to 24, both inclusive, are exempt from taxation on account of being used exclusively for school purposes; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: --- Page break --- 293 That said Lots 9 to 14, both inclusive, and 20 to 24, both inclusive, in Block 10, Outlots 15, 16 and 17, Division "D" in the City of Austin be and the same are hereby declared exempt from taxation by the City of Austin for the year 1919, and the City Assessor and Collector be and he is hereby instructed to strike same from the tax rolls of the City; but it is not intended by this resolution to declare as exempt from taxation Lots 1 to 6, both inclusive, and Lots 27 to 32, both inclusive, in said Block and Outlots, same being declared to be taxable by the City of Austin, and the action of the City Assessor and Collector in assessing same for taxes is hereby approved. The above substitute resolution was defeated by the following vote: Nays, Mayor Yett, Councilmen Alford, Graham and Ward, 4; Ayes, Councilman Haynes: A vote was then taken on the original resolution, which resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham, and Ward, 4; nays, Councilman Haynes. The Council then recessed. SPECIAL MEETING OF THE CITY COUNCIL: Austin, Texas, January 14, 1920. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; absent, none. J. Bouldin Rector, City Attorney, appeared before the Council and render ed his opinion on the referendum petition referred to him at the last regular meeting of the City Council on January 8th. Councilman Haynes moved that the opinion of the City Attorney be received, recorded and filed in connection with the referendum petition without prejudice. Motion carried by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; nays, none. Austin, Texas, January 14,1920. To the Honorable Opinion of City Council, J.B.Rector Austin, Texas. ___________ Refused Gentlemen: I have the honor to return herewith the petition of certain parties to the City Council, which is headed as follows: "We, the undersigned qualified voters of the City of Austin, respectfully request that you submit to the qualified voters of the City of Austin, at a special election called for that purpose, the reconsideration and repeal of an ordinance duly passed by the Council on or about the 5th day of June, A. D. 1919, providing for and fixing the rates for sewerage in the City of Austin, and that no rental be collected for such service until the result of such election is determined." Dr. D. H. Doom, who presented this petition on behalf of its signers, stated to the City Council that same was intended as a referendum petition. If this petition complies with the City Charter governing its initiative or referendum provisions, then same will have the effect of a mandate to the City Council; therefore, you have submitted said petition to me for my opinion as to its legal sufficiency as such. Article X, Section 1 of the City Charter provides that no ordinance passed by the City Council shall go into effect before the expiration of ten days from the time of its final passage except in cases of emergency, and then only when the emergency is stated in the preamble and the ordinance passed by the affirmative vote of two-thirds of the members of the Council elect. During such ten days, such ordinance may be made the subject of a referendum, and if a petition be filed within such ten days as provided in Article X, Section 11, of the Charter, the ordinance is thereby suspended from operation. I find that the ordinance of June 5, 1919, to which this petition refers, was passed by the Council by the affirmative vote of three of its members; one voting "no" and one absent; and that said ordinance contained no emergency clause. Hence, said ordinance did not go into effect until June 15, 1919. This petition was filed on November 13, 1919. This is over four months after the time for filing a referendum petition expired under the provisions of Article X, Section 1 and 11, of the City Charter. The right to a referendum is limited to ordinances which have not yet gone into effect. After an ordinance takes effect, it can only be repealed or amended by the Council itself, or by the initiative, or by the submission of a proposition for its repeal to the qualified voters by the Council. This petition does not purport to be an initiative petition, nor does it ask the Council to submit the question of the repeal of the ordinance to the voters. Its only prayer is that the Council submit the question of the reconsideration and repeal of the ordinance to the voters. I am therefore of the opinion that this petition is not in compliance with the Charter provisions in that it does not attempt to invoke the initiative or the referendum as defined and limited by the Charter. It is therefore my opinion that the Council should not submit the question of the reconsideration and repeal of the ordinance of June 5, 1919, to the voters of the City of Austin under this petition. Yours respectfully, J. Bouldin Rector, City Attorney. Councilman Ward moved that the opinion of the City Attorney be received and filed in connection with the referendum petition, and that the petition be denied. Motion carried by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham, Haynes and Ward, 5; nays, none. The Council then took up consideration of the budget for 1920. Mr. A. P. Woolridge, Chairman, and Mr. I. P. Lockridge of the Budget Committee, appeared before the Council and presented the 1920 budget. After discussion, the Council adjourned until 9:30 o'clock A. M., January 15, 1920, to consider the 1920 budget. J. H. Doom City Clerk.