648 Minutes of a Called meeting of the City Council. Austin Texas Jan. 23. 1891. Hon: John McDonald, Mayor presiding. Roll Call - Present 12. Aldermen – Anderson – Sinn Dawson – Platt Fischer – Powell Glass – Robertson Hume – Shelley Lawless – Taylor. Absent 10. Aldermen – Assmann – Raymond Hanarak – Rodd Jackson – Schneider Nitschke – Townsend North – Warmoth. Alderman Sinn moved a Call of the Council, which was duly seconded and adopted. Alderman Sinn also moved that the Council take a recess of 10 minutes – Carried – After the expiration of recess the roll was again called, with the following result. Present. 19. Aldermen Anderson – Platt Assmann – Powell Dawson – Raymond Fischer – Robertson Glass – Schneider Hanarak – Shelley Hume – Taylor Lawless – Townsend Sinn – Warmoth North. Absent. 3. Aldermen – Jackson, Nitschke, Rodd- The Call of the Council was on motion suspended The following Call of the Council was then read; Office of Mayor, Austin Tex: Jan: 23. 1891. To the members of the Board of Aldermen of the City of Austin; Gentlemen; I hereby call a special meeting of the City Council of the City of Austin to assemble at the City Hall at 11.30 P.M. this day, January 23rd, 1891: 1 For the purpose of returning to your Honorable body, without my approval, an ordinance that was passed by you Honorable body, January 15. 1891, and which is entitled: "An ordinance fixing the salaries and Compensation of the "officers and employees of the City of Austin for the term of two "years, commencing on the third Monday in December 1891." I will give your Honorable body later, my written objections in regard to passing said ordinance, and my objections thereto in due time will be fully set forth. 2. For the consideration and action of the Council in regard to entering into contract for supplying the City of Austin with a system of Water Works. --- Page break --- 649 with Water Pipes for the City water works system. 3. To receive and act on the report of the special Committee in regard to the Rail Road. John McDonald. Mayor January 23, 1874. 11 P.M. I hereby certify that the following aldermen have had served on them the above call by having it read to each of them in person, Viz, Anderson, Dawson, Presley, Glass, Hancock, Himrod, Powell, Raymond, Rabedeau, Johnson, Miller, North, Platt, and Dramarth and that Aldermen Jackson and Reed have been served by leaving at each of their places of business a true copy of the same, they being out of the City. James. E. Duroy, City Marshal- The Mayor then presented the following Veto Message and opinion of the City Attorney. Office of Mayor, Austin, Texas. Jan: 30, 1874. To the Honorable, the City Council: Gentlemen: I have the Honor to return herewith, to your honorable body, without my approval, an ordinance, Intitled "An Ordinance fixing the Salaries and Compensation of the officers and Employees of the City of Austin for the term of two years, commencing on the third Monday in December 1873," Filed by the Council on Jan: 15, 1874. My reason for disapproving said ordinance is, that it is, in my opinion, in conflict with the City Charter. The City Charter provides as follows: "Section 96. That there shall be a superintendent of the Streets elected by the Council at the time other City officers are elected. He shall hold this office for the term of two years and until his successor has been elected and qualified; provided, that the present Street Commissioner shall be Superintendent of Streets until the next General Election." "Section 97. That he shall receive a salary of not exceeding fifteen hundred dollars, per annum, Payable monthly." I am clearly of the opinion that the Sections of the Charter, quoted, are mandatory, and that the election of a Superintendent of Streets by the Council, cannot be avoided, and that his salary shall be an amount sufficient to be a reasonable Compensation for his services, which amount cannot exceed fifteen hundred dollars per annum. The duties of the office of Superintendent of Streets, are such as require the whole of the incumbent's time to perform them, and to fix his salary at one dollar per annum, would be virtually abolish the office, which in my judgment, the Council has no right to do. No competent man would attempt to perform any of the duties of the office of Superintendent of Streets for the absurd sum of one dollar per annum, and the office must in consequence continually remain vacant. I hand you herewith the official opinion of Hon: Geo. F. Pendexter, City Attorney, giving his views concerning the matter. Very Respectfully John McDonald, Mayor Jan. 30, 1874 Hon: John McDonald. Mayor. Dear Sir Replying to your favor of the 17" inst requesting my opinion touching the legality of the action of the City Council, in fixing the salary of the Street Superintendent, at $1 per annum... on...commencing Dec. 7, 1873. I beg leave to say, that after a full examination of the authorities bearing on the question, I am of the opinion that the City Council has the power, to fix the salary of most officers at any Sum not exceeding $1500- --- Page break --- 650 for annum, that being the maximum prescribed by the Charter, and if so, the inquiry arose how regard a salary, then the action of the City Council was legal, and could not be reviewed or inquired into by the Courts. Section 77 of the Charter of the City of Austin provides that the Street Superintendent shall receive a salary of not exceeding $1500. for annum, payable monthly." It is thus made the imperative duty of the City Council to provide a salary, which shall not exceed fifteen hundred dollars per annum. While this power is broad, and vests in the City Council almost unlimited discretion, I do not believe that it confers the right to practically abolish the office or to oust the incumbent by fixing the compensation at a sum so insignificant as to forbid the idea that any salary was really intended and justify the inference that the real object was to deter, if not prevent, the officer from discharging the duties of the office to which he has been elected. It would be absurd to suppose that the City Council expected or intended that the superintendent of streets should perform the various duties of this office, as defined by the Charter and ordinances of the City, for the pittance of one dollar per annum, or believed that in the event of his refusal to do so, any competent person could be found to succeed him. Therefore, in my opinion, the action of the City Council in effect amounts to a refusal to fix a salary, as by the Charter it was required to do, and cannot be considered as a legitimate exercise of discretion as to the amount of salary to be allowed. If I am correct in this opinion, the Courts would afford appropriate relief should suit be brought. Very Respectfully - Geo. H. Pendexter, City Attorney Alderman Linn moved to reconsider the vote by which the ordinance was passed. The vote on the motion was as follows: Yeas 9. Aldermen- Anderson - Roberdeau Assmann - Shelley Fischer - Taylor Linn - Townsend North. Nays .10. Aldermen Dawson - Platt Glass - Powell Hancock - Raymond Hume - Schneider Lawless Warmoth. The Mayor ruled that as a vote of two thirds of the board of Aldermen was necessary to pass an ordinance, notwithstanding the veto of the Mayor, a like vote was necessary to refuse to reconsider a vote by which an ordinance was passed, and accordingly, ruled that the motion made by Alderman Linn was adopted. Alderman Webster entered the Council and moved to re-consider The Mayor then put the question "Shall the Ordinance pass notwithstanding the veto of the Mayor?" and it was decided in the negative by the following vote: Yeas 7 Aldermen Anderson Powell --- Page break --- 651 Hume' Raymond Hancock Schneider Knox K Warmoth Lantier Pratt Nays 11. Aldermen: Anderson North Assmann Rabir-dean Fischer Shelley Glass Taylor Quinn Townsend Nitschke Alderman Glass moved that a special Committee of three be appointed for the purpose of drafting an ordinance fixing salaries of Officers and regular employees of the City of Austin for the ensuing term, and report at an adjourned meeting of the City Council tomorrow at 4.30 PM Alderman Anderson moved to amend the motion by requiring the Committee to report during the present sessions of the Council. The amendment was lost and the motion as made by Alderman Glass adopted. The Chair appointed Aldermen Glass, Schneider and Taylor as the Committee. A motion was made that the Council do now stand adjourned, which was lost by the following vote. Yeas 7. Aldermen- Dawson Sanders Glass Platto Hancock Warmoth Pratt May 12. Aldermen- Anderson Powell Assman Raymond Fischer Rabir-dean Quinn Shelley Nitschke Taylor North Townsend Alderman Raymond presented the following. To the Hon: Mayor and City Council of the City of Austin. Your Special Committee, to whom was referred the proposition of the Austin Dam Street Railroad Company, asking for a release from their franchises, beg leave to herewith return the same and recommend that the proposition be not accepted, and that the City Attorney be and he is hereby instructed to proceed at once to collect the rents now due to the City by the Said Austin Dam Street Railway. Alderman Dawson moved that the proposition named in the report be again referred to the same special committee for further investigation and that the committee be instructed to report at the next regular meeting of the City Council. Alderman Fischer moved to amend the motion by adding Aldermen Powell to the Committee and instructing the committee to inventory the Railroad Company's property. The amendment was accepted, and the motion as so amended carried. A motion was then made that the Council stand adjourned until 9 o'clock May 14, 1894 at 8.P.M. Milton Morris, City Clk. --- Page break --- 652 Minutes of an adjourned Called Meeting of the City Council Austin Tex Jan: 3rd. 1898 Hon John McDonald. Mayor. presiding ( Roll Call Present 18 Aldermen Anderson Nitschke Dawson North Fischer Prall Glass Reld Jackson Roberdeau Lawless Taylor Sinn Absent 9. Aldermen Aassmann Schneider Hanover Shelley Horne Townsend Powell Warmoth Raymond A Call of the Council was made and duly seconded and adopted. Alderman Fischer moved that the Council Take a recess of 10 minutes and the motion prevailed. After the expiration of recess the roll was again called and resulted as follows. Aldermen Present. 17. Anderson North Dawson Prall Fischer Reld Glass Roberdeau Horne Shelley Jackson Taylor Lawless Townsend Sinn Warmoth Nitschke Absent. 8. Aldermen. Aassmann Raymond Hanover Schneider Powell Alderman Aassmann entered the Council and answered to his name It was then moved that the Council Take a recess of 10 minutes and the motion Carried. After expiration of recess the roll was called for the third time with the following result. Aldermen. Present 20. Anderson North Aassmann Prall Dawson Raymond Fischer Reld Glass Roberdeau Horne Schneider Jackson Shelley Lawless Taylor Sinn Townsend Nitschke Warmoth Absent. 2. Aldermen Hanover Powell. Sh. W. K. Stenog. --- Page break --- 654 part may sublet a portion or the whole, of this contract to the State Penitentiary Board, of the State of Texas, should they deem it to their intent to do so. In witness whereof etc. etc. Alderman North then introduced an Ordinance entitled "An Ordinance ratifying a certain contract, made on Jany 24, 1894 between the City of Austin and the Stewart Harrison Iron Company of Bessemer, Ala; extending and modifying a certain contract, entered into between the same parties on March 7, 1893, directing the Mayor to sign, execute and deliver the same as the act of the City of Austin and appropriating the necessary sums to become due, by the City of Austin thereunder, and setting aside the necessary number of the Water and Light bonds of the City of Austin in the sum of $1000 each, to be delivered thereunder. It was read the first time, after which a motion was made to suspend the rules and place the Ordinance on its second reading, which was adopted by the following vote: Yeas 20. Aldermen - Anderson Assmann Dawson Fischer Glass Hume Jackson Lawless Linn Nitschke North Platt Raymond Redd Roberdeau Schneider Shelley Taylor Townsend Warmoth The ordinance was accordingly read, after which a motion was made to suspend the rules and place the ordinance on its third reading, which was adopted by the following vote: Yeas 20. Aldermen Anderson Assmann Dawson Fischer Glass Hume Jackson Lawless Linn Nitschke North Platt Raymond Redd Roberdeau Schneider Shelley Taylor Townsend Warmoth. The ordinance was then read a third time, and on motion passed by the following vote: Yeas 20. Aldermen Anderson Assmann Dawson Fischer Glass Hume Jackson Lawless Linn Nitschke North Platt Raymond Redd Roberdeau Schneider Shelley Taylor Townsend Warmoth --- Page break --- 13-75 Mayor McDonald retired and Alderman Sinn, President of the Board of Aldermen took the chair. Alderman Glass for himself and Alderman Schneider, a majority of the Special Committee to report an Ordinance fixing Salaries, presented a report recommending the passage of an Ordinance entitled "An Ordinance fixing the Salaries and Compensation of the Officers and Employees of the City of Austin for the Term of two years, Commencing on the third Monday in December 1893." The only change made in the Ordinance from the way it was passed at a former meeting of the Council is in the Salary of the Superintendent of Streets, one dollar per annum is stricken out and three hundred and sixty dollars inserted) The Ordinance was read the first time after which a motion was made to suspend the rules and place the same on its second reading which was adopted by the following vote. Yeas 18- Alderman - Anderson Nor th Assmann Platt Dawson Redd Fischer Robendeau Glass Schneider Jackson Shelley Lawless Taylor Sinn Townsend Nitschke Warmoth. Nays 2. Hume Raymond. The Ordinance was accordingly read after which Alderman Anderson moved that the same be considered by Sections Alderman Dawson, moved as a substitute that the ordinance be adopted as a whole as read. The Substitute was lost by the following vote: Alderman. Yeas 10 Dawson Platt Glass Raymond Hume Redd Jackson Schneider Lawless Warmoth. Nays 10- Alderman Anderson Nor th Assmann Robendeau Fischer Shelley Sinn Taylor Nitschke Townsend. The motion made by alderman Anderson was then lost by the following vote. Yeas 10 Alderman Anderson North Assmann Robendeau Fischer Shelley Sinn Taylor Nitschke Townsend Nays 10 --- Page break --- 656 Dawson Glass Heime Jackson Lawless Platt Raymond Redd Schneider Warmoth. Alderman North moved that the Council do now adjourn Alderman Anderson moved to amend by adding thereto "until 11.30 P.M. tomorrow" Alderman Heime moved as a substitute that the Council Stand adjourned until the next regular meetingThe substitute was lost by the following vote Yeas 10. Aldermen - Dawson Glass Heime Jackson Lawless Platt Raymond Redd Schneider Warmoth Nays. 10. Aldermen - Anderson Assmann Fischer Linn Nitschke North Roberdeau Shelley Taylor Townsend The amendment offered by Alderman Anderson was then lost by the following vote. Aldermen - Yeas 10 Anderson Assmann Fischer Linn Nitschke North Roberdeau Shelley Taylor Townsend Nays 10 Aldermen - Dawson Platt Glass Raymond Heime Redd Jackson Schneider Lawless Warmoth Alderman Taylor then offered an amendment that the Council adjourn until 8 oclock tonight - It was lost by the following vote: Yeas 6. Aldermen - Anderson Linn Nitschke Platt Taylor Townsend. Nays 14. Aldermen - Assmann Dawson Fischer Glass Heime Jackson Lawless North Raymond Redd Roberdeau Schneider Shelley Warmoth. The motion to adjourn was then lost by the following vote. Aldermen. Yeas. 7. Dawson Glass Heime Jackson Lawless Platt Raymond Redd Schneider Warmoth --- Page break --- 657 Nays. 11 Aldermen Anderson North Assmann Robbins Fischer Shelley Lawless Taylor Linn Townsend Nitschke Alderman Anderson renewed his motion to consider the ordinance by sections and pending discussion alderman North moved, that the Council Adjourn, and the motion carried by the following vote. – Yeas. 11. Aldermen Donovan North Glass Raymond Hume Riddle Jackson Schneider Lawless Mormarth Nitschke Nays. . 9. Aldermen Anderson Robendeau Assmann Shelley Fischer Taylor Linn Townsend Pratt Milton Morris, City Clerk