50 Called Meeting of the City Council Austin Tex Oct. 8th 1884 Hon J. W. Robertson Mayor Presiding Roll call present Aldermen Schneiding, Anton, Gillen, Hancock, Wells, Campbell, Schubert, Underhill Maas, Warren, Crookins, Odell, Platts, Erwin, Brush & Brenner 16 Absent Aldermen Driskill, Carrington, Robertson & O'Neil Call of the Council The following Call of the Council was read Mayors office Austin Texas Oct 8th 1884 To the members of the City Council of the City of Austin Gentlemen I hereby call a special meeting of the City Council to meet this Wednesday evening at 7.30 oclock for the purpose of receiving and acting on the report of the special committee on matters relating to the City water Company and to consider such other matter as may then be presented for your action Very truly &c Your Obt Servt J. W. Robertson Mayor Leave of absence to Johns. C. D. Leave of absence for 30. days was granted to C.D. Johns. Recorded special Police The Mayor nominated as special policemen J.W. Williams, J.A. Connor Louis Walker F.H. Linthicum on motion the nominations were confirmed Majority report, Spec com water supply Majority report of the special committee to whom was referred the claims of the City Water Co To his honor the Mayor and the City Council Gentlemen— The special committee to whom was referred the claim of $5000. of the City water Co against the City, and to ascertain whether the contract has been fulfilled. by leave to state that --- Page break --- 51 they have had the matter under consideration and find that the City Water Company has not complied with its contract and recommend that said contract be annulled. In view of the fact that no official notice was served upon the City Water Company that they were not complying with their contract, nor an investigation ordered by the City Council in the matter, We recommend that the forfeiture prior to July 1st, 1884, be waived and the claims of soosa be paid. L. M. Crooker, J. M. Odell R. C. White, & Warren. Unanimously report rec'd Clausen Alderman Clark submitted the following minority report of the special committee on the claim of the City Water Company- To the Hon, Mayor and the board of Aldermen of the City of Austin- The undersigned, members of the committee appointed to investigate alleged violations by the City Water Company of the terms of the contract between said company and the City of Austin, that exact justice may be done to all and that the good faith and the credit of the City maintained, respectfully report that they are unable to agree with the majority of the Committee in the report made by them and beg leave to submit the following as a minority report. To our minds the investigation by the Committee has not been conducted in the impartial and exhaustive manner that the importance of the question involved, seemed to us to demand. The water company was not represented either by its officers or council during the sessions of the committee and hence the hearing was conducted entirely ex-parte, and not as satisfactory as would have been had both sides been heard We further respectfully submit that in our opinion the evidence taken by the committee is not of that --- Page break --- 52 October 8th 1884 clear and convincing nature that would justify the City in annulling a contract of such magnitude and importance and to do so would necessary involve the City in litigation, the result of which at least under present lights seems any thing but favorable to those whose interest we represent. We would respectfully submit that in our opin ion the executive officer of the City, whose duty it is to see that all contracts with the city are duly observed should have assumed the responsibility of advising the council of any breach or violation of this contract, that a thorough investigation by them might have developed facts. Had such investigation been made by the Mayor or under his supervision and an advisory report made thereon by him the Council would have been in a position to take intelligent action in the premises as it is merely a committee comprised of less than one third of the City council has conducted the investigation and in the manner before stated and the results that the matter is not presented to the council in a manner to justify final action. In making these suggestions we do not wish to be understood as being unwilling or reluctant to perform any duty or to assume any responsibility resting upon us as representatives of the Citizens of Austin but merely to indicate what in our judgment would be the proper course to pursue in a matter of such vital and general interest. We would therefore recommend that the account of the water company for $505.00, approved by the Finance committee be paid. Respectfully A Clark minority report on water cont. Alderman Pillow submitted the following as a minority report of the Special committee on the Claim of the City Water company To Hon Jno Robertson, Mayor The Special committee to whom was referred the --- Page break --- 53 question of paying the City Water company the account $5050. claimed to be due July 1st 1887 and to inquire whether or not the said City water company had complied with its contract. Beg leave to report that they have had the matter under consideration and find that in their opinion the City Water Company has not fulfilled its contract and therefore we recommend that the account of $5050. be not paid Ben S. Pillow Chairman R. B. Underhill Hill came in Alderman Hill came in and answered to his name. table reports Alderman Brush moved to lay all the reports of Coms. on the tables, motion lost. To substitute The motion to substitute and adopt the report offered by Ald Pillow offered by Ald Piellow for the majority report was for majority lost by the following vote yeas. Sutton Piellow Hancock report lost. Campbell Schuber Underhill and Hill 7 Nays Aldermen Schneider Wells Maass Warren Crooker Odell Plath Ervin Brush and Brenner 10 Substitute The motion to substitute and adopt the report Ald Plath's rept. offered by Ald Plath for the majority report was for majority lost by the following vote yeas Maass Plath report. Brush and Brenner 4 Nays Schneider Sutton Piellow Hancock Wells Campbell Schuber Underhill Warren Crooker Odell Hill & Ervin. 13. The motion to adopt To adopt The majority report of the Committee was majority report. lost by the following vote yeas. Messrs Warren Crooker Odell 4 Nays. Schneider Sutton Piellow Hancock Campbell Schuber Underhill Maass Hill Plath Ervin Brush and Brenner 8 Ord. to Alderman Brush introduced an ordinance appropay water priating the amount due the water Company on claims motion was laid on the table Discharge Alderman Crooker moved to discharge the ComCom. on water claims --- Page break --- 54 October 8th 1884 mittee to whom was referred the claims of the City water company motion carried by the following vote yeas Schneider Buton Pillow Hancock Wells Campbell Schuber Underhill Warren Crooker Hill & Ervin 15. Nays. Maas Odell Plath Brush & Brennen 5 To annul Resolution water cont Alderman Underhill introduced the following Resolution Be it resolved by the City Council of the City of Austin 1st. That the City Water Company has failed to comply with its contract with the City of Austin and has thereby forfeited all rights and privileges under said contract. 2nd. That the contract heretofore existing between the City and the City Water company, be and the same is hereby declared forfeited and void and and no longer of any force and effect. 3d. That a committee to consist of three aldermen and the mayor of the City be appointed by the mayor to adjust and settle all equitable claims which said water company may have against the City to this date which committee shall report their actions and recommendations to the next meeting of this city council 4th. That this resolution take effect and be in force from and after its Passage To have hundred rental Alderman Brush offered the following resolution which was laid on the table Resolved, that a committee of 3 be appointed to act with the City attorney to investigate the matter thoroughly as to the violations of its contract with the City strike out sec. 1 & 2 of resolution Alderman Hill moved to strike out section one & two of the resolution offered by Underhill motion carried by the following vote, Yeas Schneider Buton Wells Campbell Warren Maas Crooker Odell Hill Plath Brush Brennen & Ervin 13 Nays Pillow Hancock Schuber Underhill 4. --- Page break --- 55 Alderman Pillow moved to lay the Resolution on the table motion lost. The motion to adopt the resolution as amended was carried by the following vote Yeas Auton, Hancock, Wells, Campbell, Maas, Warren, Crooker Davis, Bier, Beatt, Ervin, Brush & Perresen, (15.) Nays Schneider, Pillow, Schuber, Underhill 4 Committee. The Mayor appointed as the committee, to adjust on water and settle the claim of the water Company. [illegible] Alderman Hancock, Hill and Crooker. Petition. Alderman Wells presented a petition asking B.C. [illegible]. that an obstruction in the alley running through Abs. B. 109 Block 109, be removed. Referred to the st Committee On motion the Council adjourned Thomas L. Purcell City Clerk Read and approved October 7th 1884