"This suit was instituted in the Ninety-Sixth district court of Tarrant county, Tex., by twelve citizens and taxpayers of the city of Fort Worth praying for an injunction against the city council of said city to restrain them from using any of the moneys that they might receive from the sale of designated bonds for the purposes hereinafter stated.
"As a basis for the injunctive relief sought, it was alleged that the proposed purposes for which said bonds would be used are `wholly unauthorized by the Charter of the City of Fort Worth and the Constitution and Laws of the State of Texas and is wholly foreign to the purposes as designated upon the official ballot provided the voters at said election.'
"To the petition the city filed an answer to the merits, and upon a full hearing the following was filed as an agreed statement of the facts:
"`Be it remembered that upon the trial of the above entitled and numbered cause that the following are the facts, and the only material facts, proven before the court, and the same, as herein set forth, are hereby agreed to by each and all of the parties, plaintiffs and defendants, as being the true facts so proven before the court, and they are as follows:
"`1. The plaintiffs named in the original petition on file in this cause, and each of them, is a resident citizen and qualified voter, and tax payer of the City of Fort Worth, Tarrant County, Texas, and owns property within said city subject to taxation, and that a levy of a tax for the purpose of paying off the bonds herein mentioned will constitute a charge and lien against said property of each of said plaintiffs at all the times mentioned in the plaintiffs' said petition.
"`2. That the defendant, City of Fort Worth, is a municipal corporation, duly and legally organized under title 28, chapter 13 of the Revised Civil Statutes of the State of Texas [article 1165 et seq., as amended (Vernon's Ann.Civ.St. art. 1165 et seq.)] under what is known as the Home Rule Amendment to the State Constitution [article 11, § 5], governing cities of more than Five Thousand inhabitants, and operates under a charter heretofore duly and legally adopted by the qualified voters of said city. That George D. Fairtrace is the City Manager and agent of said city, and that each and all of the other defendants named in the plaintiffs' original petition are members of the City Council of the City of Fort Worth, and each and all reside in said city, county and state.
"`3. That on the 3rd day of September, 1935, an election was held in said City of Fort Worth, Texas, the purpose of which was specifically set forth on the face of the official ballot which was furnished to the voters and used by them in said election, and which was as follows: to determine whether or not the said City of Fort Worth, Texas, through its City Council, should issue its negotiable bonds in the principal sum of Six Hundred and Eighty Seven Thousand and Five Hundred ($687,500.00) Dollars "for the purpose of constructing, building, equipping and improving pleasure grounds, parks and playgrounds for the City of Fort Worth, and for securing and acquiring the necessary lands and sites therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall become payable within forty years from the date thereof, payable semiannually, and to levy a sufficient tax to pay the interest on said bonds and to create a sinking fund sufficient to redeem said bonds at the maturity thereof." That at said election a majority of the qualified voters of said city voted in favor of issuing the proposed bonds in the amount above named and of the description above specified, and for the purposes stated on said official ballot used by the voters at said election, which is quoted hereinabove.
"`4. It is further stipulated and agreed by and between the plaintiffs and the defendants herein that it is the intention of the defendants to use a portion of said bond funds for the purpose of building
and equipping a building to be known as an Auditorium Building; and a building to be known as a Coliseum Building; and buildings to be used for the housing and keeping of various types and kinds of live-stock for exhibition purposes; and buildings to be used for exhibiting agricultural, live-stock, and commercial exhibits; and necessary buildings for police and fire protection of the premises; and also rest rooms, and such necessary building, or buildings to accommodate the people who patronize the grounds.
"`5. It is further stipulated and agreed that it is the intention of the defendants that during such times as the premises, which are to be acquired by the proceeds arising from the sale of said bonds, may be used for shows that a charge of admission will be made against the public for the privilege of viewing such shows; and that such shows will be exhibited in buildings to be located on the land paid for in part by the proceeds arising from the sale of said bonds; and it is also agreed that it is the intention of the defendants to have operated on said grounds a rodeo, and that the public will be charged an admission fee to see the same; but, it is understood and agreed that the Fat Stock Show will only use the grounds during certain periods, and that at other times it will be open to the free use of the public.
"`6. It is further stipulated and agreed that it is the intention of the defendants to operate for the City the Centennial Exposition on said grounds, or a portion thereof, during certain periods in 1936 and 1937, and that subsequently the City of Fort Worth will enter into a contract with the Southwestern Exposition and Fat Stock Show to lease and use a portion of the facilities from the City of Fort Worth, for which a rental will be charged.'
"The trial court first granted a temporary writ of injunction pending the hearing of the petition on its merits, but the temporary injunction was later dissolved, and plaintiffs have prosecuted an appeal to this court from that order. The appeal is now pending in this court and undisposed of.
"For your convenience, we refer you to articles 701, 702, and 703 of the Revised Civil Statutes 1925, chapter 1, title 22, which are as follows:
"`Art. 701. The bonds of a county or an incorporated city or town shall never be issued for any purpose unless a proposition for the isssuance of such bonds shall have been first submitted to the qualified voters who are property tax payers of such county, city or town.'
"`Art. 702. In all cases when the governing body of a county, city or town shall order an election for the issuance of the bonds of the county, city or town or of any political subdivision or defined district of a county, such body shall at the same time submit the question of whether or not a tax shall be levied upon the property of such county, city or town, political subdivision or defined district for the purpose of paying the interest on the bonds and to create a sinking fund for the redemption of the bonds.'
"`Art. 703. The proposition to be submitted shall distinctly specify:
"`1. The purpose for which the bonds are to be issued;
"`2. The amount thereof;
"`3. The rate of interest;
"`4. The levy of taxes sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity;
"`5. The maturity date, or that the bonds may be issued to mature serially within any...
