Immediately before the last meeting, the Zelger heirs sent a printed letter entitled „For clarification“ to all municipal councillors regarding the issue of building on the Zelger grounds and the construction of a public square on the south side of Maximilianstrasse.
Since this letter of clarification contains the reservation that it may be subject to further distribution, the Service and Legal Section has decided to read it out in public for the time being.
(This was followed by the reading of the rather extensive document.)

The Service and Legal Section has also decided to propose to the municipal council that the position of the municipality in this matter be characterised by a public statement, which should read as follows:

„The municipality is well aware that the building line, which provides for an extension of the square on the south side of Maximilianstraße, does not currently have any real existence and cannot have any, because no building has been erected on or in this building line. This building line really only exists on paper, but there it rightfully exists by virtue of the governor's authorisation, and if Zelger's heirs believe that they will soon be able to put an end to this paper existence, they must be aware that they have at their disposal aids that are completely unknown to the city council and its legal advisors.

The municipal council's intention to widen Maximilianstrasse with a bulge in the square does not appear to be a mere concern for urban „finery“, but rather the fulfilment of an urgent need recognised by the entire population, the fulfilment of which is moreover guaranteed by express legal provision. The Innsbruck Building Code (Law of 30 March 1896, § 3, paragraph 2) literally stipulates that when larger plots of land are divided up, care must be taken to ensure that correspondingly large and free spaces are left; and if the municipality complies with this legal provision, it can only be said that the municipality is liable for damages in gross disregard of public law principles.

It seems understandable and natural to the Zelger heirs that the construction of new roads, the construction and equipping of which with supply lines has already cost and will continue to cost the municipality large sums of money, has turned the Zelger plots into building plots with a much higher value. However, the Zelger heirs find it incomprehensible that the municipality, in consideration of the needs of the population and on the basis of explicit legal provisions, did not choose the exact building line that would be the most advantageous for Zelger's private assets when the issue of building development became topical due to the death of Mr Zelger, and they consider this to be an irresponsible encroachment on their private rights.

In response to the concession shown by the Zelger heirs at the opening of Maximilianstrasse and in order to enable them to utilise the building plots immediately, the municipal council voluntarily offered the Zelger heirs the sum of over 80,000 crowns for the square in question and the roads surrounding it, a price that far exceeds what the Zelger heirs would ever be able to obtain under the provisions of the Innsbruck building regulations, unless a decision were to be made that would constitute a manifest error of law. This offer was only able to arouse the amusement of the Zelger heirs and the municipality hereby withdraws it.

It goes without saying that nothing remains but to bring the matter before the competent authorities. However, the Zelger heirs should not expect the municipality to help them in the forthcoming dispute and take into account interests other than those of the municipality.“

The section's motion was adopted.