317 Regular Meeting of the City Council Austin Texas June 4th 190a Hon Jas. A. Nielson Mayor presiding Roll called Present Aldermen Dunham Fischer Glass Morris Mortimer Nolen and Stumpf Absent none Minutes On motion of Alderma Morris the minutes were approved approved as recorded by the clerk without reading. Petitions Memorials, etc. Pet of Mayors By Alderma Nolen. Petition of A.B. Mayo & asking to have to have pound fees of $3.50 found found fees remitted. On motion the amount of $1.50 remitted was allowed and ordered refunded. Pet Shipe l5 By Alderma Fischer – Petition of Moses Shipe asking that the refunded and for Council refund him certain amounts paid out for repairing st. works bridges and streets in Hyde Park. On motion the petition was referred to the Street Committee and City Engineer. Pet of Chief of A.F.D. By Alderma Mortimer – Petition of J. J. McFadden Chief of the to provide place Austin Fire Dept, asking that the Council provide a place for fire engine for the care of the Steam Fire Engine lately repairedAlderma Mortimer moved that the engine be placed in steamer placed the Hall of Washington Ave & No.1. and that the driver of that in Washington Company be employed to keep said Engine in good condition House & N0.1. under the direction of the Chief of the Austin Fire Department and that he be paid a sum not exceeding $15.00 per month for Pet Citizens his services which motion prevailed. Market Square By Alderma Mortimer – Petition of Citizens asking that the public square known as the Alliance Cotton Yard, be designated and set apart as a Market Square. The petition was read and on Motion was laid over to come up with an ordinance on the subject Reports of City officers Reports City The Mayor laid before the Council the reports of the various City officers May 190a officers for the month of May 190a, which were on motion referred to their appropriate Committees without reading. The following is a synopsis of the reports By the Assessor & Collector To Collections as follows. From Genl. Revenue $ 2345.00 " Water Rent 405.75 " Fines in Mayors Courts 165.50 " Pound fees Sales 63.00 " Current Interest tax (c/c of taxes) 120.21 " Int. Sinking fund W.L. bonds 2492.40 " " " " aid 173.15 " School taxes 910.39 Total Referred to Finance Committee $ 6675.70 --- Page break --- 319 Refered to Finance Committee By the City Marshal Total fines assessed in Mayors Court Paid in Cash $228.00 Worked out 138.50 Carried forward 33.50 $ 400.00 Collected on back fines $ 20.50 Pound fees Collected 116.00 Refered to Police Committee By the City Physician Number of patients in Hospital May 1st 21 " " admitted in " 7 " " dismisced " " 13 " " deaths " " 4 " " patients remaining " 21 " " out paupers " 135 " " Prescriptions " " 359 " Cases Small pox reported " " 4 " " Scarlet fever " " 6 " " Diphtheria " " 2 Refered to Cemetary Committee By the City Sexton Total number of deaths during the Month 17 White 12 Mexican 2 Colored 3 Males 7 Females 10 Refered to Cemetary Committee Reports of Standing Committees Report Com on Ald. Dunham for the ordinance Committee to whom was Telephone ord. refered An ordinance granting F.M. Aubray the right to build an operate a system of Telephones etc, presented a report recommending that the ordinance do not pass. Report laid over Ald. Dunham moved that the report lie over to be considered under the head of unfinished business which motion prevailed Ord. Reg. Dog Ald. Dunham for the ordinance Committee to whom was Dog ordinance refered An ordinance regulating the running at large of dogs etc. presented a report recommending that the ordinance do not pass. The report of the Committee was adopted- Leave Mrs Ald. Tucker moved that Mrs Hamilton wife of the City Hamilton and County Hospital be granted a leave of absence for 15 days Motion which motion prevailed Removal Com. Ald. [illegible] for the Sanitary Committee to whom was Removal Pound refered a petition from citizens asking that the City Pound be removed from its present location presented a report recommending that the petition be granted --- Page break --- 320 The report of the Committee was adopted. For finished business Alderman Duckham moved to table the report of the Ordinance Committee on the Telephone Ordinance Telephone ord which motion prevailed Alderman Fischer moved that Mr. Cochran Attorney for the Telephone be allowed to address the Council which motion prevailed. After remarks of Judge Cochran Alderman Ullyard addressed the Council and asked that the following as his reasons for opposing the ordinance be spread upon the minutes of the Council which request was granted Austin Texas June 22nd 1900 To Hon. Ira D. Wheat, Mayor, and the Board of Aldermen City of Austin Gentlemen! Ned Morris I desire to file the following reasons to be reasons for opposing recorded in the minutes, for opposing the adverse report Ordinance on the Telephone Ordinance The Said Ordinance has received the most careful and exhaustive consideration at the hands of your Committee, some twelve or fifteen persons interested in the subject having been heard. No testimony or argument germain to the subject was excluded, but on the contrary, all information calculated to guide your Committee in reaching a correct conclusion concerning the matter, was received. As a result of the investigation I beg leave to respectfully submit the following: It was found that the principal expense of constructing such a system as the one proposed consists in the Cost of material, such as Wire, Poles, Brass Arms, Pins, Insulators, Switchboards and Telephones, none of which are produced or manufactured in this City. All material necessary for this purpose would naturally have to be contracted and paid for where it is manufactured or produced. It is therefore probable that not a dollar of such expense will even be paid out in Austin, or even in this state Consequently the amount to be expended in Austin will be quite small, and the greater portion of it will have to be paid to men, (principally skilled linemen) who are brought from distant points, and who would have to be brought from distant points to remain in Austin only long enough to do the work. This would leave practically nothing for unskilled labor to do, and consequently, the matter would be of little benefit to your citizens from the very beginning. While this feature of the matter is unpleasant but to contemplate, there is still another far more serious, and one that in the opinion of the undersigned will appeal directly to the judgement of every business, professional. and thinking man in our City It was found that it is an indisputable fact that where --- Page break --- 321 Two systems of Telephones have been erected in a community a patron of one system must necessarily be a patron of the other, if he would receive all the benefit of Telephone service So illustrates – Suppose there were Two Telephone systems in Austin, and A, who is a competitor of B. C. & P. and others, should rent a Telephone from each of the Telephone Companies, what would B. C. & P. and others have to do, in order to retain their Customers who chanced to be patrons of the Telephone Company, whose Telephones they did not have? The answer is plain They would have to rent another Telephone at an additional expense, and so the matter would spread to every branch of business where the Telephone is used. The rate made for business Telephones by the proposed Company is $3. per month, while the present rate is $4. per month But, granting that the present Company should meet this rate of the proposed Company—the difference against each taken of two business Telephones would be $2. per month. There are now about one thousand Telephone users in Austin and if only two thirds of these, say 665, should be forced to rent Telephones from both Companies, it would make an additional monthly expense to our citizens, of $1330.00, or an additional annual expense of $15,960.00. And for whose benefit? Nonresident Capitalists. This is self evident, and therefore I am unwilling to place this additional burden upon our own people, Yours Very Truly, Wilbon Morris The following reasons of Alderman Mortimer for voting adversely upon the passage of the Telephone ordinance were presented and Alderman on his request, were ordered spread upon the minute Mortimer I vote to report adversely on the Independent Telephone reasons for franchise for the following reasons. offr ordinance 1st The franchise asked for does not bear good faith as there is no guarantee filed with application for same but only a promise to make a bond in guarantee 90 days after said franchise is granted which is not Validate unless made before the proposed franchise is granted. 2nd While I recognize that all legitimate enterprises must of course receive proper encouragement and consideration at the hands of the legislative body entrusted with the General Welfare of its people to the end that all shall participate in the general welfare thus made possible by such action, I am unalterably opposed to granting by legislation the valuable rights and franchises of Austin gratis – as has been done in so many Cases with no beneficial results, but a detriment to the General prosperity of our town 3rd If I am to go on record as not opposing anything I believe will be to our Mutual interest – but we should pause we are right before we make any, more mistakes as this is a matter --- Page break --- 822 The report of the Committee was then adopted by the following vote Yeas Alderman Dunham, Glass, Morris & Martin Nays Alderman Fischer, Nolan & Strumff 3 Leibrandt The Mayor then laid before the Council the Special Ordinances, Fischer for presented at the May Meeting and which was laid w. & Commission. until the Nominating W. H. Leibrandt & Geo. Fischer in water and Light Commissioners. Alderman Fischer moved that the Council now proceed to ballot on the nominations which motion prevailed, and the Mayor appointed Aldermen Nolan, Fischer & Martin as Tellers. Nom laid on Alderman Dunham Moved that the nominations lie on Table subjt to the Table subject to Call Alderman Fischer moved as a Roll substitute that action on the nominations be postponed subject to Call. which motion prevailed. Alderman Dunham moved that the report of the Reports of Majority of the special Committee on appeals which was presented Com. appeals at a former meeting of the Council and laid on the table subject call up to Call be now taken up which motion prevailed. Alderman Strumff presented a minority report from the Strumff minority Committee which was read, and both reports were on motion report laid over to be considered at an adjourned meeting to be held Both laid over on Wednesday June 6th 1900 at 8 o’clock P.M. Alderman Strumff moved to take from the table An Strumff ordinance Ordinance appropriating the sum of $12,187.50 to pay interest and taken up. due Jany 1st 1900 on the water & Light bonds of the City of Austin which motion prevailed. The ordinance was read the third time. In response to an inquiry of the Alderman as to whether the Mayor had received any notices to his Notice to bond holders. the Mayor laid before the Council and had read the following Communication New York May 25th 1900 Hon Geo. A. Metcall Mayor, Austin Texas Dear Sir, The object is to say that as Counsel for the bond holders Committee Letter from of the water works and electric light bonds of the City of Austin May of bond Your favors of the 16th instant, addressed respectively to Hon holders Charles S. Fischer and Mr. Edwards N. Gibbs, with inclosures as therein stated, have been referred to me for reply. We regret exceedingly that you were not able to secure the adoption of your proposed resolution of May 15th appropriating sufficient funds for the payment of January and April Coupons. We had hoped that you would succeed in your effort in that direction. Our Mr. Eldridge was mistaken in thinking that some representative of the bond holders would, under the circumstances, be sent to Austin for the purpose of Conferring with the City Authorities respecting any change. --- Page break --- 323 in the reduction of either interest or principal or both. While the January and April Coupons are in default, the Commitee are not inclined to negotiate respecting any such change, especially as the money requisite for the payment of both Coupons in full has been collected from the taxpayers of the City, is now in its treasury, and can be appropriated for no other purpose whatever. The bondholders insist upon the payment of these defaulted Coupons. They regret that the efforts of Messrs Walton, Ball, Baker & Lovett, our Texas representatives in connection with this matter, have been unsuccessful. They have accordingly been requested by us to take all legal proceedings to enforce the collection of the Coupons. Replying especially to your letter to Mr. Gibbs, we beg to say that the bondholders, represented by our Committee, have not made any arrangement with the old Walton & Company to sell their bonds at 50 cents in the dollar or for any other price. Respectfully H.M. Blowen, Byrne, & Wells & Patter Shiffere addressed Council ord passed Bal. W.W. Shiffere asked permission to address the Council which was granted. After remarks of Mr. Shiffere the ordinance was passed by the following VoteYeas Aldermen Fisher Morris Nolen & Stumpp 4 Nays Aldermen Dunham Glass & Mortimer 3 By Alderman Stumpp an Ordinance appropriating the sum of $16.150.00 to pay interest due April 1st 1900, on the Water & Lightbonds of the City. The Ordinance was read the first time and on Motion the rules were suspended and the Ordinance read the second and third times by the following VoteYeas Aldermen Dunham Fisher Morris Nolen & Stumpp 5 Nays Aldermen Glass & Mortimer 2 The Ordinance was then passed by the following VoteYeas Aldermen Fisher Morris Nolen & Stumpp 4 Nays Aldermen Dunham Glass & Mortimer 3 Alderman Nolen offered the following resolution Be it resolved by the City Council of the City of Austin! Section 1. That it is the opinion of the Council that the money, at present in the City Treasury to the credit of the Interest fund of the Water Light-bonds of the City, should be appropriated for the purpose of paying all interest which accrued on said bonds prior to April 1st 1900, and that such appropriation shall be promptly made. Section 2nd That it is further the opinion of the Council, that the disaster which occurred to the Water Light & Power Plant in the City on April 7th 1900, will render it impracticable to pay interest, to accrue on its Water Light-bonds after the date of said disaster, according to the present legal terms and effect of said obligations, because the present taxable Values of the City are not sufficient to enable it to raise Resolution Bonded debt --- Page break --- 324 the necessary annual revenue by an exercise of its full Charter and Constitutional power. Section 3. The holders of said bonds are again invited to come to Austin; or send their accredited representatives, to confer with the City Government and to view the situation generally; to the end that they may by investigation satisfy themselves of the correctness of the opinion above expressed. Section 4. That the Mayor is hereby authorized and instructed to appoint a Committee consisting of himself and two Aldermen and the City Attorney to confer with such bond holders as may come or send representatives to Austin for the purposes above named; and said Committee is instructed to assist said bondholders and their representatives in any investigation or inquiry that they see fit to make in the premises and is also instructed to report back to this body the results of its labors. Res amended Alderman Glass moved to amend the resolution by striking out the word "three" and inserting in lieu thereof the word "seven" which motion prevailed and the ordinance as Amended was then passed. Alderman Fischer offered the following resolution which was read and adopted Mayor authorized Be it resolved by the City Council of the City of Austin: To advertise for bids That the Mayor is hereby instructed to advertise that the Bonds for selling City of Austin requests bids for eighteen thousand dollars fund. of Austin Water & Light Plant bonds. Alderman Mortimer offered the following Res to turn over Resolution which was read and adopted Bell to Protection Resolved that the Chief of the Fire dept be instructed to N. Austin to turn over the old bell at Protection Hose Co. No. 2 to North Austin No. 6. On motion the Council adjourned until 8 o'clock A. M. Wednesday, June 6th 1900. Jno. C. Johnson City Clerk --- Page break --- 325 Adjourned Regular meeting of the City Council Austin Texas June 8th 1904 Hon Geo H. We Hall Mayor presiding Roll Called Present Aldermen Dunham Glass Morris Mortimer and Stumff Absent Aldermen Rischen & Nolen Alderman Glass moved that the Council proceed with the regular order of business, beginning where the Council left off at time of adjournment which motion prevailed. The Mayor laid before the Council the following Veto message Austin Texas May 22nd 1904 To the Honorable City Council Gentlemen! Mayor's Veto Approval an Ordinance appropriating the sum of $491.20 for Paving and the purpose of putting in place the necessary Culvert pipe W 6th St and widening the approaches to the bridge over Shoal Creek on West 6th Street, passed May 14th 1904 for the following reasons! This appropriation is made from the general fund, when the Charter provides that it should be appropriated out of the Street and bridge fund Respectfully Geo. H. H. We Hall Mayoro message On motion of Alderman Morris the message was laid on laid on Table the table subject to call. Alderman Dunham moved subject to Call that the other Veto messages from the Mayor on the Clerks desk be laid on the table subject to call, without reading which motion prevailed Alderman Nolen entered the Council Chamber Rep on Alderman Dunham called up the report of the special Com on appeals Committee on appeals, and moved to adopt the majority majority rep report, which motion prevailed by the following Vote adopted Yeas Aldermen Dunham Glass Morris Mortimer & Nolen 5 Nays Alderman Stumff 1 On motion of Alderman Dunham the City Clerk was directed to furnish the Assessor & Collector with a certified copy of the majority report of the special Committee on appeals and to return to the Council Chamber and to turn over to him all papers in his possession relating to the appeals. New business $ 1000 for By Alderman Nolen an Ordinance appropriating the sum of $1000. St. W. to pay for extra street work. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass Morris Mortimer Nolen Rischen Nays None 6 --- Page break --- 326. Wayors Veto Alderman Morris moved to Take from the table the Veto submitted Message of the Mayor, Vetoing the ordinance appropriating the Sum of $ 419.20 for putting in place the necessary Culvert pipe and widening the approaches to the bridge across Shoal Creek on West, which motion prevailedAlderman Morris then moved that the ordinance do now pass Notwithstanding the Mayors objection which motion was lost by the following Vote Yeas None Nays Alderman Dunham, Glass, Morris, Mortimer, Nolan & Stumph 6. Appeal in Alderman Glass moved to Take up and Consider the appeal Nat Banks of the First National Bank from the action of the Board of Equalization sustained which Motion prevailed - On motion of R.J. Brackenridge who was given permission to address the Council in behalf of said Bank - upon which the appeal of the First Bank was sustained, and the City Clerk was H.R. Marks directed to Notify the Assessor & Collector of the action of the Council Photo Ex Mayor The Mayor laid before the Council a Communication from H.R. Hancock Marks Esq. Notifying them that he had a Photograph of City Clerk Ex Mayor Hancock which would be turned over to the instructed to Council to be placed in the Council Chamber, upon the purchase payment of $5.00. The City Clerk was directed to secure the Photo and place in the Council Chamber $500. to buy By Alderman Padon An Ordinance appropriating the a Grader sum of $500 for the purpose of purchasing a Grader The ordinance was read the first time and on motion was referred to the Street Committee $100. to repair By Alderman Glass An ordinance appropriating the sum Five Cisterns of $100. to repair Five Cisterns. The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Dunham, Glass, Morris, Mortimer, Nolan & Stumph 6 Nays None Ord to regulate By Alderman Glass An ordinance regulating the width width of streets of Streets and Side Walks in the City of Austin & sidewalks The ordinance was read the first time and on motion was referred to the Street Committee, & City Engineer. Market Sq... By Alderman Alderman An ordinance designating Certain territory within the City of Austin as a Market Square. The ordinance was read the first time and on motion was referred to the Market Committee & City Attorney. $419.20 to put By Alderman Morris An Ordinance, appropriating in culvert, &c the sum of $419.20 to put in place the necessary Culvert pipe and widening the approaches to the bridge across Shoal Creek on West Street. The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Dunham Glass Morris & Mortimer --- Page break --- 327 Nolen And Stumpff Nays None. $106. to pay Ex By Alderman Glass An Ordinance appropriating the County Labor sum of $106. for the purpose of paying for extraordinary labor. The ordinance was passed under suspension of the rules by the following Vote Aldermen Dunham Glass Morris Mortimer Nolen And Stumpff 6 Nays None $18.900 to purchase By Alderman Stumpff An Ordinance appropriating the Bonds Sinking Sum of $18.900. to purchase bonds for the sinking fund of fund was the Water & Light bonds of the City. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass Morris Mortimer Nolen and Stumpff 6 Nays None Pay for Police By Alderman Stumpff An Ordinance appropriating the sum of $543.41 to pay the Salaries of 5 Police Policemen for the month of May 1900. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass Morris Mortimer Nolen and Stumpff 6 Nays None Pay Ex St. labor By Alderman Stumpff An Ordinance appropriating the sum of $382.70 for the purpose of paying for extra Street Labor & Teams The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass. Morris Mortimer Nolen and Stumpff 6 Nays None appd. aco. St. By Alderman Stumpff An Ordinance appropriating the sum Dept- of $549.58 for the purpose paying approved accounts Street Dept. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass Morris Mortimer Nolen and Stumpff 6 Nays None appd aco' By Alderman Stumpff An Ordinance appropriating the sum of $173.57 to pay approved accounts. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham Glass Morris Mortimer Nolen 5 Nays Aldermen Stumpff 1 A. M. I. W. In. By Aldermen Mortimer Petition of the Austin Ice and Jottion to lay permission to lay a water pipe from the Artesian well to their factory on Red River Street. On motion the water pipe. petition was granted, the work to be done under the supervision of the Street Committee & City Engineer --- Page break --- 328. Las Evans & Alderman Mortimen moved that the Council now proceed to the Hal Mason election of a Dog Catcher and Assistant Dog Catcher, which motion election Dog prevailed. Alderman Mortimer nominated Las Evans for Catcher Dog Catcher and Hal Mason as Assistant. There being no other nominations the City Clerk was directed to Cast the ballot of the Council for Los Evans for Dog Catcher and Hal Mason for assistant. The Mayor declared Los Evans elected Dog Catcher and Hal Mason assistant Dog Catcher for the ensuing Term. Alderman Morris moved to reconsider the Vote by which the Council passed the ordinance appropriating the sum of $1703 40/100 dollars to pay approved accounts which motion prevailed. Alderman Nolan moved to amend the ordinance by adding to pay W. C. Warren for services rendered, $1.00 which motion prevailed and the ordinance as amended was then passed by the following Vote. Yeas Alderman Dunham Glass Morris Mortimer Nolan and Struff 6 Nays None On Motion the Council adjourned Jno. G. Johnson City Clerk