343 'Minutes of a Called Meeting of the City Council. Austin, Texas, March 10, 1896. Hon. Lewis Hancock, Mayor presiding. Roll called. Present: Aldermen Beaty, Fischer, Glasgow, Glass, Gorth, Sawless, Platt, Powell, Boverdeau, Schneider, Schilling, Tobin, Townsend and Tilley. 16. Absent: Aldermen Haynes, Horton, Linn, Stitscher, Brossman and Taylor. 6. The foregoing call of the Mayor was read. Call for Special meeting of Council Mayor's Office, Austin, Texas March 10th 1896. A special meeting of the City Council is hereby called to meet in the Council rooms this day at Four o'clock P.M. to consider a proposition involving the settlement of certain litigation between this City and the Federal Light & Power Company. The District Court has adjourned the cases over one day, so that this proposition may be considered by the Council, and it is of great importance that the matter shown be at once disposed of. I therefore earnestly hope every member of the Council will make an effort to be present. Respectfully, Lewis Hancock, Mayor. Austin Texas, March 10th 1896. City Marshal's certificate of having served Call 3 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: Aldermen Beaty, Fischer, Glasgow, Glass, Gorth, Haynes, Sawless, Linn, Stitscher, Platt, Powell, Bred, Boverdeau, Brossman, Schneider, Shelley, Shumard, Taylor, Tobin, Townsend and Tilley, and that Alderman Horton has been served by a true copy having been left at his place of business, he being out of the City. S.M. Lucy. City Marshal. Mayor message The Mayor then laid before the Council the following message: Mayors Office. Austin Texas, Mch. 10/96. To the Hon. City Council: Gentlemen: I have called you together in special session to consider a communication from the City Attorney, which I lay before you as follows: Austin Texas, Mch. 10, 1896. Communication from City Attorney, regarding, litigation with water light & power co. To the Hon. the City Council: Gentlemen: I beg to report, that by an agreement with Messrs. J.M. Goins, & Mr. G. Wade, Atty's for the City & Co., I have secured an adjournment --- Page break --- 344 Austin Water Lights & Power, The Austin Water, Light & Power Company, numbered respectively, #2780, Co. V.S. City of Austin #2781-#2786. In the first of which a "Mandamus" is applied for to compel the payment of a judgment for $5,885.84, rendered on March 8th, 1895, with Interest at 6% from date. The 2nd involves a claim for $4800, with Interest, for Water furnished for fire protection. The 3rd involves a claim for $15,443.75, for Water furnished for fire protection and miscellaneous purposes, under the contract between the City of Austin and the City Water Company. The 4th involves a claim for balance due, for electric lights furnished as per contract between the City of Austin and the Austin Water, Light & Power Company. These several claims aggregate about $55,000.00. There is now due from the Austin Water, Light & Power Company, to the City of Austin, the sum of $15,030.17, being taxes for 1893, 1894 and 1895. The Receiver of the Water Company has offered to settle all matters in controversy in these suits on the following basis: He will accept in full of the several demands, the sum of $15,030.17, and will allow as a credit on this sum the taxes due, as before stated, which will leave a balance of $30,481.60, by the City of Austin to said Receiver. He agrees that this balance may be paid in three equal installments out of taxes to be levied for the year 1896-1897-1898. In my opinion this settlement should be made. I have conferred with the Mayor on the subject and he concurs in the opinion expressed by me. Should this agreement be made, it will settle all claims asserted by the City Water Company and the Austin Water, Light & Power Company up to January 1st, 1896. Geo. F. Pendexter, City Attorney. These cases are on trial now, and have only been put off till tomorrow in order that a settlement might if possible be reached between the parties. Several conferences between the City Attorney and myself, on the one side and the Receiver of the Company, Mr. Joseph Nalle, the Agent of the Bondholders of the Company, and their Counsel, on the other, have resulted in the above compromise, which is recommended by the City Attorney, after much labor and thought in the matter! I have looked into the matters carefully and in detail, and earnestly recommend that the Council by resolution, authorize the City Attorney to make this settlement, which he sets forth. I may say further that Mr. S.R. Fisher, who has also represented the City in these cases fully concurs in this recommendation. Respectfully, Lewis Hancock, Mayor. Aldermen Hawes and Niksch, entered the Council Chamber and answered to their names. Alderman Hawes moved the adoption of the suggestions of compromise recommended by the City Attorney and Mayor, and upon a division of the vote, the following votes: Ayes: Aldermen Hawes, Booth, Sands, Niksch, and Otto. Nays: Beeth.