Council Proceedings: December 4 and December 7, 1903

To the Honorable Mayor and City Council.

Gentlemen.

The accompanying petition having been referred to me by your Finance Committee, I beg to report that I have examined the situation and find the following condition of affairs.

That on the 23rd day of April, 1895 the petition of B. F. Wallis was referred to the Finance Committee. The said petition amongst other things recites as follows, "Your petitioner agrees to make said city a deed of conveyance to that portion of land known as Ryan Street and Wall Street in consideration of said city's releasing petitioner from the payment of said taxes and penalties for the said years of 1892 and 1893 in the sum of $61.82." The Finance Committee reported adversely on said petition on the 30th day of April, 1895, but it appears that on June 25, 1895 the Finance Committee made an additional and different report recommending that the prayer of the petitioner be granted on the said B. F. Wallis' making a deed to the City of Ryan Street and Wall Street, which report of the Committee was by the Council adopted. On the 9th day of July 1895 the deed of Wallis to Ryan Street and Wall Street made in pursuance of said petition and action of the Council, was presented to the Council and approved. The deed recites a consideration of $61.82.

Whether or not it was the purpose of the Council to remit all taxes due on the said property to the city by Wallis at said time, is a question upon which I am unable to pass except in so far as the matter is shown of record. The record of the transaction is one of the clearest that I have ever seen and very specifically refers to the taxes of 1892 and 1893 in the sum of $61.82 which is specified in consideration of the deed, and it would be hard indeed to say that the Council intended to release any other taxes.

The only conceivable proposition in that regard, to my mind, is

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whether Mr. Wallis was under the impression that the taxes for those years were the only taxes that he owed the city, and therefore only asked the city to remit those taxes in consideration of his deed.

Very respectfully, E. C. Orrick City Attorney

To the Hon. Mayor and City Council,Ft.Worth, Tex.

Your petitioner B.F.Wallis, represents to your honorable body,that sometime about the year I895 he filed a peti-tion before the City Council asking all city taxes then due on the certain lots he-petitioner then owned in James Ryan Addition in Blk 158 to Ft, Worth, Texas lying and being situated on Ryan Street, Wall Street and Peach Street in said city, that is to say all the unpaid taxes on said lots, and in consideration of which he petitioner was to execute a deed of conveyance of the title to all of said Ryan and Wall Streets, and which said offer was made by said city accepted and said deed executed and delivered to said city for said consideration.

That some time during present year your petition was notified that there were taxes for the year 1890 on aforesaid lots due and unpaid and petition was notified to pay said taxes or steps would be taken to collect same by law, but your petitioner herein states that said taxes were paid by said deed of transfer of said streets and he here prays that your honorable body inquire into the facts herein alleged and that it order such taxes as held against said property cancelled and held for naught, and he will ever pay,&ct,

B. F. Wallis

To the finance committee of City Counicl it is my remembrance that when the council that I was chairman of the finance committee and that it was the intention of the committee & council to cancel all back taxes on the property involved in consideration of the release from the rendition, of the streets in said addition.

W.S. Essex

Petition

We your finance comtee recomment that the within petition be referred to city attorney for an investigation and report on to the facts stated in the within petition

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JF Henderson Q.T. Moreland

FILED NOV 6 1903 Jno T. Montgomery City Sec'y

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FILED Oct 9 1903 Jno T. Montgomery City Secretary

Report on petition of B F Wallis

We your Finance Com beg leave to report that in view of the report and opinion of the city atty hereto attached we have no authorizity to grant the relief asked by petition B.F. Wallis

W,m G. Newby JF Henderson Q.T. Moreland

FILED DEC 4 1903 Jno T. Montgomery City Sec'y

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FILED NOV 20 1903 Jno T. Montgomery City Sec'y

EC Orrick City Atty