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Austin Water Bonds & Pipe Contract Debate

Wednesday, July 31, 1895 special called

$200,000 Bond Deal Reconsidered – The council met to reconsider awarding water and electric light bonds to C.H. Gay & Co., but ultimately voted to table the reconsideration motion, keeping the original bond award in place.

Water Pipe Contract Dispute – A disagreement emerged over whether an existing contract with Wingfield Bros. covered all water pipe laying work; the city attorney's opinion supported the contractor's interpretation, but the council deferred decision for further legal review.

Competitive Bidding Delayed – A proposal to allow the water and light commission to advertise for new pipe-laying bids was rejected in favor of more time to clarify the existing contract's terms.

Attendance Issues – The meeting was marked by low initial attendance (only 9 of 22 aldermen present), requiring a recess and multiple roll calls before achieving quorum for voting on major financial decisions.

Full Transcript

206 Minutes of a Called Meeting of the City Council. Austin, Tex. July 31, 1895. Hon. John McDonald, Mayor, presiding. Roll call. Present- Aldermen Anderson, Glascock, Haynes, Lawless, Linn, Schneider, Shelley, Taylor, Tobin- 9 Absent- Aldermen Assmann, Fischer, Glass, Goeth, Hume, Jackson, Nitschke, Platt, Powell, Redd, Roberdeau, Townsend, Warmoth- 13. On motion of Alderman Linn, a recess of 10 minutes was taken. The second roll call showed the following: Present- Aldermen Anderson, Assmann, Glass, Glascock, Goeth, Haynes, Lawless, Linn, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Tobin- 15. Absent- Aldermen Fischer, Hume, Jackson, Nitschke, Redd, Townsend, Warmoth- 7. Alderman Townsend entered the council chamber and answered to his name. Alderman Schneider moved a call of the council. Lost by the following vote: Yeas- Aldermen Anderson, Glass, Glascock, Goeth, Platt, Roberdeau, Schneider- 7 Nays- Aldermen Assmann, Haynes, Lawless, Linn, Powell, Shelley, Taylor, Tobin, Townsend- 9. The following was read: The Call. Call for a special meeting of the city council. A special meeting of the City Council is hereby called to meet at the city hall at 5 o'clock P.M. July 31, 1895 for the purpose of re-considering the action of the city council in accepting the bid and awarding to C. H. Gay & Co 200,000 dollars worth of Austin water and electric light bonds, Series B, and to take such other action with reference to the sale of said bonds as may be deemed appropriate, and also to consider the question of making a contract for laying water pipe by the city and acting upon a report of the water and light commission. C.E. Anderson, L.H. Glascock, J.P. Schneider, W.H. Tobin, A.W. Townsend. Austin, Texas, July 31, 1895. Marshal's retu... 4 P.M. I hereby certify that the following aldermen have been served with the above "call" by having it read to each of them in person, viz: Anderson, Assmann, Fischer, Glass, Glascock, Goeth, Haynes, Hume, Lawless, Linn, Nitschke, Platt, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Tobin, Townsend, and Warmoth and that Alderman Jackson has been served by a true copy having been left at his place of business, he being out of the --- Page break --- city. James E. Lucy, City Marshal. Aldermen Fischer and Warmoth entered the council chamber and answered to their names. Alderman Robin moved to reconsider the vote awarding $200,000 water and light 6 per cent bonds to E.H. Gay & Co. On motion of Alderman Taylor, Mr Bruce, representing Hayes & Son, was permitted to address the council. Alderman Hume entered the council chamber and answered to his name. Alderman Lawless moved to lay the motion to reconsider on the table. Carried by the following vote: Yeas- Aldermen Assmann, Haynes, Humes, Lawless, Linn, Powell, Roberdeau, Shelley, Taylor, Townsend, Warmoth-11 Nays- Aldermen Anderson, Fischer, Glass, Glascock, Goeth, Platt, Schneider, Robin-8 The next question under the call being the question of making a contract for laying water pipe by the city" the following was read: Austin, Texas, July 20, 1895. Hon John McDonald, Mayor. Dear Sir:- At your request I have examined the contract for laying water pipe, entered into by Wingfield Bros. and the city of Austin, and in my opinion the contract covers all pipe which may be laid according to the maps and plan of the system existing at the time the contract was made. This clearly was the purpose and intention of both parties, and seems to me to be very clearly expressed in the contract. Very Respectfully Geo F. Pendexter City Attorney. Alderman Shelley moved to defer further action on this matter until the next regular meeting of the council. Lost by rising vote of 6 to 12. Alderman Glascock moved that the water and light commission be authorized to advertise for bids for laying pipe. Alderman Lawless moved to defer further action until next regular meeting of the City Council and that the city attorney further examine the contract with Wingfield Bros in reference to laying pipe and report at said meeting. Carried by the following vote: --- Page break --- 208 Yeas- Aldermen Anderson, Armann, Glass, Hume, Lawless, Linn, Plutt, Roberdean, Shelley, Townsend, Warmoth- 11. Nays- Aldermen Fischer, Glascock, Garth, Haynes, Powell, Schneider, Taylor, Tobin- 8. The council then adjourned. Milton Morris City Clerk.