599 Minutes of a Regular Meeting of the City Council. Austin Texas March. 15th 1897. Hon. Erwin Hancock, Mayor, presiding. Roll Called. Present Aldermen Beaty, Galvin, Fischer, Haynes, Kuhn, Lawless, Sims, Maddox, Patt, Powell, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 17. Absent Aldermen Horton, Miller, Nitschke, Redd, Roberdeau 5 Minutes of the last regular meeting were partly read, when Alderman Minutes adopted as recorded Taylor moved to dispensed with further reading and that they be adopted as recorded, which motion prevailed. Minutes of Called Meeting On motion the minutes of the called meeting were adopted as adopted as recorded. recorded without reading. Alderman Roberdeau, Nitschke and Miller entered the Council Chamber. Pet of A.S. Threwatt. By Alderman Shelley, Petition of A.S. Threwatt as follows: regarding City Taxes Austin, Texas, March. 15th 1897. To the Honorable City Council, Austin, Texas. Gentlemen: Your petitioner would respectfully represent that on the 7th day of July 1896, he bought lot #18 of O.D. #33 Division "D" as shown on the Map of the City of Austin, and on the 11th day of this month he sought information of the Tax Collector as to the amount of taxes due on said lot #18, and was informed that in August 1896 this lot with lot #17 with improvements, was sold to the City for taxes due for 1894, said taxes with costs, amounting to $69.75, and that the taxes for the year 1895 on said lots, with improvements on lot #17 amounting to $14.59, and the taxes for 1896 on lots #17 and improvements, amounting to $44.59 on lots 17 and 18, and in order to redeem his lot #18 he would be required to pay all taxes due, aggregating $128.93 on lots 17 and 18 with improvements on said lot 17. The assessment rolls on file in the Assessor and Collectors office will show that said lots were valued for 1894, 1895 and 1896 at $300.00 each, and that the improvements on lot 17 were valued at $1500.00, there being no improvements on lot 18. Your petitioner prays to be permitted to obtain release of his lot by payment to the Collector, of the tax due upon said lot, at a valuation of $300.00 and pro-rata cost of sale. All of which is respectfully submitted. A.S. Threwatt. Pet of Thorp Bros. for On motion of Alderman Shelley, the petition was granted. permission to erect plank to erect a plank and board stairway, on the north side of building and board stairway. No 1011 Congress Avenue so as to use the second story of said building. On motion, the petition was granted. Pet. of J.W. Bivins, Fred. Bivins By Alderman Galvin, Petition of J.E. Bivins, Fred. Bivins and S.A. Bivins & S.A. Bivins, for asking permission to remove brick in Trinity Avenue and to refer to the St. Ex. Commissioners. permission to remove brick on Trinity Ave to the Commissioners. --- Page break --- 600 moved that the motion of Alderman Maddos be tabled. Lost. Alderman Nitschke moved to refer the petition to the Cemetery Commtt. which motion prevailed. Pet. of members of 1st Baptist By Alderman Nitschke, Petition of Members of the First Baptist Church Church (colored) for passway (colored) for a passway over Waller Creek on 11th Street. Read and on over Waller Creek on 11th St. motion referred to the Street Committee. By Alderman Platt, Petition from B.H. Smith as follows: Austin, Texas, March 13th 1894. Pet. of B.H. Smith regarding To the Honorable Mayor and the City Council City taxes on Lot #4 Blk. 65 Austin Gentlemen: The undersigned is the owner of Lot #4 in Block #65, in this City which he bought last year from the First Baptist Church (Colored) and he represents that the State and County exempted said property from taxation for the year 1894 on account of being the property of said Church. Examining the list of property being sent up for Taxes, your petitioner finds said property amongst it and hereby respectfully asks your Honorable body to have his property withdrawn from your list, as the same is exempt by law from City, State and County Taxes, Yours respectfully B.H. Smith. Request of Bost. F.T.P.A. Read and referred to the Committee on Claims and Accounts. asking Council to invite the By Alderman Taylor, Request from Bost. F. Travellers Protective AssoT.P.A. to hold their next ciation of Texas, asking the Council to invite the S.T.P.A. to hold State Convention in this City. their next State Convention in this City. The Mayor was laid before the Council the application of the Tra. Outwear Application of T.O. Wyer Oil Co. Oil Co. for permit to erect an Oil house which was read and refered for permit to erect Oil house. to the Fire Committee. By Alderman Stumpf, Application from Geo. Feigel for permission Application of Geo Feigel to to erect an Iron Stairway in Alley between Congress Avenue and erect Iron Stairway Colorado Streets. On motion the request was granted. Alderman Fischer, for the Water and Light Committee presented the following reports which were read and adopted. Austin, Texas, March 15th 1894. Water & Light Commis report Now. Mayor and City Council: on award of bids for Water Gentlemen: Your Water and Light Committee begs leave to report for Street Sprinkling that were reported to the Council some time since having been declared as on account of the highest bidder having failed to comply with the requirements, other bids were advertised for and the following bids were received and opened on this date: Victor Muther $38.00 per month. Earnest Carlelow 35.75 " C.L. Goodrun 38.00 " C.L. Goodrun on Your committee recommends that Geo. B.L. Goodrun be awarded contract for Water the contract for Water, he having complied with all requirements, given the bond, and his bid being the lowest. --- Page break --- C 01 to be approved by the Mayor and City Attorney. Respectfully submitted, Francis Fischer P. J. Lawless J. M. Maddox Water & Light Committee. Austin, Texas, March 15th 1897. Water & Light Coms. report on bids received for material to be used to com-terial necessary to be used in the completion of the new pumping plete the New Pumping Station and your Water & Light Committee, respectfully recommend Station Crouse & Tremaine Carbons. Walter Tips Wire Walter Tips Cast Iron Pipe Ft. Wayne Elect. Corp. Frame for Arc Machine Stilwell-Bierce & Smith- Vaile Co. for 2 Years agd Composition bushing for Pumps now in Power House Falls Rivet & Machine Co. Steel Shafting that the Superintendent be instructed to purchase the following material: From Crouse & Tremaine, Fostoria, Ohio, 70,000 pairs 7/16 carbons at $11.69 per 1000 pair F.O.B. Cars at Austin. From Walter Tips, Austin, Texas, 10,000 feet #7 wire at .16 ½ per lb. delivered, and 7 ½ miles of #7 or #8 iron wire at $19.75 per mile, making a total of $19.75. From Walter Tips, Austin, Texas, he being the lowest bidder on cast iron pipe necessary to connect the filtering dikes with the pumping station and the pumping station with the mains, and all necessary fittings. The prices to be as follows: 20 inch and 24 inch Bell and Spigot piped at $17.00 per ton; Specials for same $7.50 per ton. 24 inch flange pipe in 12 foot lengths at $24.00 per ton. Flanged specials at $33.00 per ton. The Fort Wayne Electric Corporation, Fort Wayne, Indiana, contract for two new frames for 80 light Arc machines complete for the sum of $1050.00 from Stilwell-Bierce & Smith-Vaile Co. of Dayton, Ohio, contract for two years necessary to connect motor to pump $54.00 and also for composition bushings in pumps now in the power station and furnish tools and reamers necessary to do the work which $50.00 is to be returned to the City on return to said Company a part of the tools in good condition. Falls Rivet & Machine Co., of Cuyahoga Falls, Ohio, contract for pieces of steel shafting with two friction pulleys $175.00 F.O.B. cars Cuyahoga Falls, Ohio. That above bids are the lowest competitive bids from several different parties, and we recommend their adoption as specified. Respectfully submitted, Francis Fischer P. J. Lawless J. M. Maddox Water & Light Committee. Police Coms. report on Marshals reports for Feb. 1897. Alderman Powell, for the Police Committee, to whom was referred the reports of the City Marshal, for the month of Feb. 1897, presented a report stating that the reports had been examined and found correct. The report of the Committee was adopted. Ord. Coms. report on Ord. moving it is misdemeanor Alderman [illegible], for the Ordinance Committee, to whom was referred an Ordinance making it a misdemeanor for lewd women or prostitutes --- Page break --- 602 for Lewd Women or Prostitutes: to stand, walk or loiter on the streets or alleys at night, presented to stand, loiter or walk on streets their report recommending the passage of the ordinance. or alleys after night On motion the report was adopted. On motion Alderman Taylor was excused from further attendance at this session of the Council. Printing Com. report: Alderman Haynes for the Printing Committee, presented the following regard to having bound in report, which was read and adopted: Book form Reports of City March 15th, 1897. Officers. To the Hon. Mayor and City Council, Gentlemen: Referring to the suggestion of the Mayor and resolution in accordance therewith in regard to having bound in book form Reports of City Officers for past years, have to say, we find that only two or three reports are in existence for the years 1890, 1891, 1892 & 1893, hence this suggestion came barely in time to preserve in book form the reports of City Officers for all the years since adoption of our present Charter, and only two volumes embracing the years 1890 to 1896 inclusive can now be made, and we would suggest that your Printing Committee be authorized to have such volumes prepared as soon as the reports of the Water and Light Committee (which is now delayed, printing the report of the Water and Light Commission) can be printed. Respectfully submitted, H.L. Haynes, H. Rosebgren, H.M. Aldermens. Special Com. report on Alderman Haynes for the Special Committee, to whom was referred Resolution regarding the the resolution of Alderman Blaxt, in regard to scales of Robinson Bros. Wagon Scales of Robinson Bros. on E. Pecan Street, presented the following report which was read on East pecan St. and adopted: March 15th, 1897. To the Hon. Mayor and City Council of the City of Austin: Gentlemen: Your Special Committee to whom was referred the resolution in regard to the moving of the wagon and scales of Robinson Bros., on East Pecan St., beg to report that after carefully investigating the matter, you have decided that the scales should be moved on account of the street being very narrow and occupied by the street being high at present and the scales offer little or no obstruction to travel, and the owners claim that it would work a hardship and unlooked for expense of about $60.00 on them to remove and again set up the scales at this time, and have agreed with your Committee that, if indulged by the Council in the matter until October 1st, 1897, they will then move the scales without further trouble, which favor we herewith submit, and advise, that they be granted. Yes. Aldermen till Oct. 1st 1897. Dissenters, H.L. Haynes J.E. [illegible] J.M. [illegible] H.M. Aldermens. [illegible] Committee. --- Page break --- Special Com's report on Compromise of tax suits pending in County Court. List of same filed in case # 10 number as tabulated by the Com Alderman Shelley for the Special Committee, to whom was referred the matter of compromise of suits in tax cases pending in the County Court, presented the following report: Austin, Texas, March 15th 1897. Hon. Lewis Hancock, Mayor, and Board of Aldermen of the City of Austin: Gentlemen: We your Special Committee appointed to effect, or suggest a basis for a compromise of the cases now pending in the County Court on appeal from the Board of Equalization, have given the matter careful attention and after a thorough investigation, beg to submit herewith a statement showing the voluntary renditions for 1896, the values as fixed by the Board, and the values as agreed upon by your Committee as a basis of settlement, and recommend that the City Attorney be authorized and instructed to take the necessary steps to stop further litigation and effect a settlement, upon the parties at interest filing, with the City Attorney a written acceptance within ten days, and paying all costs of suit. It will be observed that the item of “Bills receivable, money on hand etc.” in many instances, has been stricken off, in such cases the parties appealing have made affidavit to that effect; such additions having been made by the Board without authority of law, it is not believed to be wise for the City to insist upon the assessments; as it is a well settled principle of law that the Board of Equalization has no power to assess property. In cases where we suggest a compromise of these assessments the parties have acknowledged, through their attorneys, the amount recommended by your Committee, except in the case of the Peoples Building and Loan Association, in which we recommend a basis of 50 o.o. of assessment, which represents the prepaid stock of the Association upon which we believe the tax should be paid. Where we recommend changes in the values of real property, as fixed by the Board, we adhere to the values upon which taxes were paid for 1895, deeming the valuation for said year just and fair. We suggest for all settlement of Bank assessments is fixed upon an amount equal to 66⅔ per cent of the par value of the capital stock, surplus and undivided profits, which is believed to be the fair basis for taxation. As to the matter of the increase of the assessment of “Gooch Bills receivable money on hand etc.” we find that Col. Gooch has instituted injunction proceedings restraining the Assessor from placing said assessment upon the rolls and that there is an injunction now pending restraining the collection of the taxes for 1896 on an increase of $20,000.00 made by the Board. Col. Gooch proposes to submit to an assessment of $20,000.00 in Bills receivable for 1896 and pay the taxes for 1896 on the increase made by the Board. We recommend a compromise of these injunctions, Resolved, the recommendations were admitted, --- Page break --- 604 W. T. D. Shelley, A. K. Townsend, J. W. Powell, A. W. Celsing, Francis Fischer, Committee. Tabulated statement of Com. Alderman Maddox moved that the tabulated statement presented by Considered item, by item the Committee be considered item by item, which motion prevailed. The items were then separately read and the report adopted item by item. Alderman Read moved to reconsider the vote adopting the report of the Committee on the amount of money of S. E. Celsing which motion was lost by the following vote? Yeas; Aldermen Brady, Belvin, Miller, Read, Robershaw, Shelley, & Stumpf. Nays; Aldermen Fischer, Haynes, Kuhn, Lawless, Linn, Maddox & Nitschke. Pratt, Powell, Rosengren, Schneider, Townsend and Zilker. 13. The report of the Committee as a whole was then adopted. Alderman Maddox moved to reconsider the vote by which the report of the Committee was adopted, which motion prevailed. Alderman Shelley for the Committee asked permission of the Council Report adopted as a whole to withdraw the report for correction. Granted. After which the report was again laid before the Council and adopted. Mayor’s Veto message of The Mayor then read the following veto message: Resolution regarding Newspaper Mayor’s Office printing Austin, Texas, March 2nd 1897. To the Hon. City Council. Gentlemen: The accompanying resolution is hereby returned to you with my disapproval of same because of the law, which forbids the Mayor to have publication of the Minutes of the Council thus practically ignoring the requirements of the Charter. To call for new bids for printing is right and proper; to stop necessary publications pending the letting of a new contract is doing in a round about way what the Charter forbids doing directly. Respectfully, Dewitt Hancock, Mayor. Alderman Linn moved to reconsider the vote by which the resolution vetoed by the Mayor was passed. The Mayor ruled that it was unnecessary, under the Charter, for the Council to vote to reconsider, and that the question to be voted on was whether the resolution should pass notwithstanding the Mayor’s objections. Appeal from Mayor's ruling Alderman Linn appealed from the decision of the Chair and on a vote Chair sustained. the ruling of the Chair was sustained by the following vote: Yeas; Aldermen Brady, Belvin, Fischer, Kuhn, Lawless, Miller, Nitschke, Robershaw, Shelley, Stumpf, & Zilker. 11 Nays; Aldermen Linn, Maddox, Pratt, Powell, Rosengren, Schneider and Townsend. 7 --- Page break --- 605 Printing Com. authorized to advertise for bids for news paper printing Resolution inviting the T.P.A. of Texas to hold their next Annual Convention in this City in 1898 Ord. making it a misdemeanor for Lewd Women or Prostitutes to stand, walk or loiter on the Streets or Alleys at Night Final Passage Com. of 3 Appointed to open & Canvas the returns for Fire Dept. Officers Comm. Report Chief Joseph Stumpf Asst. Chief Julius Schutze Rec'd. Standing the objections of the Mayor, and was lost by the following vote: Yeas Aldermen Belvin, Hayne, Linn, Miller, Nitscher, Powell, Roberdsaw, Schneider, Stumpf and Townsend. 10 Nays Aldermen Beaty, Fischer, Kuhn, Lawless, Maddox, Platt, Redd, Rosengren, Shelley and Zilker. 10 Alderman Hayne moved that the printing Committee be authorized to advertise for bids for newspaper printing which motion prevailed. Alderman Taylor offered the following resolution, which was read and unanimously adopted: “Resolved, that the Undertakers Protective Association of Texas shall holds its annual session at Houston, Texas, on April 16th & 17th 1897. be, and is hereby most cordially invited to hold its Convention in 1898, in the City of Austin, and that the Mayor of the City be directed to communicate such invitation to said body in suitable terms.” Alderman Lawless excused from further attendance at this session. The Mayor then laid before the Council, an ordinance making it a misdemeanor for Lewd Women or Prostitutes to stand, walk or loiter on the Streets or Alleys at night and providing a penalty therefor. The ordinance was read second time and on motion the rule was suspended and the ordinance placed on its third reading by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Hayne, Kuhn, Linn, Miller, Nitscher, Powell, Redd, Roberdsaw, Rosengren, Schneider, Shelley, Stumpf and Townsend 17. Nays Aldermen Maddox and Zilker. 2 The ordinance was then passed by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Hayne, Kuhn, Linn, Miller, Nitscher, Powell, Redd, Roberdsaw, Rosengren, Schneider, Shelley, Stumpf and Townsend 16. Nays Aldermen Maddox, Platt and Zilker. 3. New Business. Alderman Nitscher moved that a Committee of 3 be appointed to open and canvas the returns of an election held this day for Officers of the Fire Department. Carried, and the Mayor appointed Aldermen Nitscher, Kuhn and Roberdsaw. The Committee appointed to canvas the returns of the Election for Officers of the Fire Department presented the following report which was read and adopted: Austin, Texas March 18th 1897 Hon. Lewis Hancock, Mayor and Members City Council. Gentlemen: Your Committee appointed to canvas the returns of an Election held by the Fire Department this day, find that Joseph Stumpf received 138 votes for Chief. No opposition. That Julius Schutze received 134 votes for Asst. Chief, and for a term, [illegible] and That Watt Schuilles received 128 votes for Asst. Foreman. Respectfully, J.B. Nitscher, Joseph H.C.L. Roberdsaw, Com. --- Page break --- 606 Mayor declared Fire Dept. The Mayor Officials duly & constitutionally elected to the different Offices named for the ensuing term. Alderman Haynes offered the following resolution, which was read and adopted. Resolution regarding News- March 15th 1897 paper printing Resolved by the City Council of the City of Austin That all printing of proceedings of the Council, and other Newspaper printing matter be suspended, and only such matter be selected by the Printing Committee as the lowest bidder for such printing, until a contract is entered into by the Council. Ord. appropriating $2000. By Alderman Fischer, An ordinance appropriating the sum of $2000. to pay Salaries of Officers & em- out of the Earnings Fund to pay salaries of Officers and employees ployees W & C Plant of Water & Light Plant. The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Robedreau, Rosengran, Schneider, Shelley, Stumpf, Townsend and Zilker 19. Nays None. Ord. appropriating $1945.50. By Alderman Townsend, An ordinance appropriating the sum of to pay Interest due April 1st 1897. on $1945.50 out of the Interest Fund, on bonds issued prior to May 1st on W & L Bonds due Apl. 1st 1897 & $1160.58.50 out of the Interest & Sinking Fund of Water & Light Bonds on $1,327,000.00 5% Water & Light Bonds of the City of Austin. The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Powell, Redd, Robedreau, Rosengran, Schneider, Shelley, Stumpf, and Townsend. 17. Nays None. Alderman Zilker & Platt were excused from further attendance. Ord. appropriating $955. By Alderman Townsend, An ordinance appropriating the sum of to pay Salaries of Officers and $955.00 to pay Salaries of Officers and employees of the City employees of City for the month of March 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Powell, Redd, Robedreau, Rosengran, Schneider, Shelley, Stumpf, and Townsend. 17. Nays None. --- Page break --- Maddox, Miller, Nitschke, Powell, Redd, Roberdran, Schneider, Shelley, Stumpf and Townsend. 17. Nays, None. Resolution regarding redemption of $20,000.00 Bonds. Alderman Schneider offered the following resolution: "Be it resolved by the City Council of the City of Austin, That the Finance Committee be instructed to immediately advertise for bids, for the redemption of Twenty thousand dollars of Austin City Water Works Bonds; and report their action to the City Council at the next regular meeting. Alderman Maddox moved to strike out of the resolution $20,000.00 and insert $10,000.00 in lieu thereof. Alderman Beaty, was excused from further attendance at this session of the Council. Resolution referred to Finance Com. Alderman Townsend moved to refer the resolution of Alderman Schneider to the Finance Committee which motion prevailed by the following vote: Yeas, Aldermen Belvin, Haynes, Kuhn, Linn, Miller, Roberdran, Shelley, Stumpf and Townsend 9. Nays, Aldermen Fischer, Maddox, Nitschke, Powell, Redd, Rosengren and Schneider 7. Adjourned. On motion of Alderman Belvin the Council adjourned. J. P. P. Johnson City Clerk.