Regular meeting of the City Council Austin Texas Sept 3rd, 1900. Present, Alderman Stumpf - There being no quorum present it was ordered that the Council stand adjourned until 8 o'clock PM friday Sept 7th 1900. Jas. O. Johnson City Clerk --- Page break --- 362 Adjourned Regular Meeting of the City Council Austin Texas Sept 7th 1900 Hon Jno. R. Walton presiding Roll Called Present Aldermen Dunham, Buscher, Keas, Mortimer, Nolen and Stumff. Absent None. On Motion of Alderman Mortimer, the minutes were approved as recorded by the Clerk without reading. Petitions, Memorials, etc. Pet Jim Byrnes reduce taxes By Alderman Mortimer. Petition of Jim Byrnes asking reduction of Assessment for taxes for the year 1899. Read and on Motion referred to the Committee on Claims and Accounts- Pet J. Vornanrigs reduce taxes By Alderman Dunham. Petition of J. Vornanrigs asking reduction of Assessment for taxes for the year 1899. Referred to the Claims and Accounts Committee. Pet Southern Oil Co to put in scale By the Mayor Petition of the Southern Cotton Oil Co. asking permission to put in a wagon scale at corner of east 4th & Medina Streets.- Read and referred to the Street Committee and City Engineers- Pet Mrs. Laura O. Duval reduce taxes By Alderman Buscher. Petition of Mrs. Laura O. Duval asking reduction of Assessment for taxes for the years 1897-1898. Read and on Motion referred to the Committee on Claims and Accounts- Pet Clay Jones remit Pd. Fees By the Mayor Petition of Clay Jones asking to have Certain Pound fees remitted. On Motion the petition was granted to the amount of one dollar.- Com A. S. Ernes & attys Rosenberg damages The Mayor laid before the Council a Communication from A. S. Ernes & Attorney for S. Rosenberg in regard to Claim of Rosenberg for damages caused by high water in April 1900.- On Motion the Communication was ordered filed. the Council at a former meeting having refused to grant the petition. Pet Mrs. Lula Sheff for appropriation By Alderman Buscher - Petition of Mrs. Lula Sheff asking an appropriation for street work, on North Congress Avenue and Lampasas Streets - On Motion the petition was referred to the Street Committee and City Engineers. Reports of City Officers Reports City The Mayor laid before the Council the reports of City Officers Officers for the month of August 1900. except the report of the Treasurer which were on Motion referred to their Appropriate Committees without reading. The Clerk was directed to Call upon the Treasurer for his report and have the same before the Council at the next regular Meeting. The following is a Synopsis of the reports that were presented. --- Page break --- By the assessor and Collector To Collections as follows. From advolore Taxes " Licenses " Registry of dogs " Fines in Mayors Court " Pound fees & sales " Penalty Interest & Costs (on Taxes) " Miscellaneous " Int- sinking fund water & Light-Bonds " " " " " " " sed " " " School Tax Total Collections Referred to Finance Committee By the City Clerk Total amt. of warrants drawn against the General fund " " " " Street & Bridge Referred to Finance Committee By the City Marshal Total amount of fines assessed in Mayors Court Paid in Cash worked out Carried forward Escaped New trial Collected on back fines Pound fees Collected Permits to bury dead Animals Referred to Police Committee By the City Physician Number patients in Hospital May 1st " " admitted in " " " " dismissed " " " died " " remaining " Visits & transfers " Prescriptions " Cases Diphtheria reported " " " Scarlet fever " Referral to Health Committee By the City Sexton Number of deaths White Negro Cols Male Female Still born --- Page break --- 364 Referred to the Cemetery Committee Reports of Standing Committees Report Com on Alderman Bracken for the Street Committee presented a report & 7th St. Bridge stating that they had advertised for, and had received and opened bids for the building of a stone arched bridge across Waller Creek on 7th Street, and that the lowest bidder was Ulles A. A. Ruhnaman, but that their bid was about $1300. in excess of the appropriation made for the purpose of building said bridge, they asked for further instructions from the Council before awarding the contract On Motion the report was laid on the table subject to call, and the Street and Finance Committees were directed to investigate and report upon the financial condition of the City, and report to the Council the amount of money available for this purpose. Reports of Special Committees The Mayor laid before the Council the following report from the Auditing Committee Austin Texas Aug 29/900 To the Hon. Jno. R. Whall, Mayor and Board of Aldermen of the City of Austin Gentlemen Report Auditing Com In accordance with a resolution passed by Your Honorable body on Aug. 20th 1900, We herewith submit a list of the Tax payers and the amounts of the Water works & Electric Light Sinking Fund tax, as account of interest due and which was remitted by an ordinance passed Aug. 6/900, which amounts in the aggregate to $61.171.37. which we recommend be placed to the credit of the Assessor, Collector on his account of Water works & Electric Light Tax account of interest Sinking Fund for the year 1899, and that the Assessor Collector be charged with $62.70. on same account said amount not having been showed to him heretofore Respectfully, Submitted R. K. Huxley G. W. S. Schan Auditing Committee On Motion the report was adopted. Unfinished Business Election for The Mayor laid before the council an ordinance ordering Alderman an election for Alderman from the Second Ward to fill the Ward Vacancy caused by the resignation of Alderman Morris. The ordinance was read the Second time and on Motion the rule was suspended and the ordinance placed on its Third reading by the following vote Yeas Alderman Burnham, Ricken, Mortimer, Welschoff 5Nays Alderman Glass --- Page break --- Alderman Fishen moved to reconsider the Vote by which the ordinance was passed to its third reading which motion prevailed Alderman Fishen moved to amend the Ordinance by making the date of the election to be held Monday October 14th 1901, which motion prevailed. Alderman Nolen moved to amend by filling the blank for Judges in the First Ward with the names of W. M. Thompson, L. E. Warren and A. J. Mays, which motion prevailed Alderman Fishen moved to fill the blank for Judges in the second Ward by inserting the names of O. W. Powell, H. H. Richardson, J. L. Gannaway which motion prevailed Alderman Fishen moved to amend by filling in the blank the following names as Judges of election in the third Ward J. B. Harrell, J. D. Shulson and J. W. Odell which motion prevailed. Alderman Stumph moved to amend by inserting Davis as the place for holding the election in the fourth Ward, and A. Wellborn In D. S. Blan and H. Shirley as Judges, which motion prevailedAlderman Dunham moved to amend by making Wellborn store as the place for holding the election in the fifth Ward and appointing Wm. Brown, J. M. Franklin and Ed. Brewer as Judges of election in Said Ward, which motion prevailed Alderman Mortimer moved to amend by inserting the names of the following as Judges of election in the sixth Ward: Pave Wells, J. H. Loving and, H. B. Newton, which motion prevailed. Alderman Glass moved to amend by inserting E. D. Walkers place as the place for holding the election in the seventh Ward and I. I. Zehring, D. M. Billingsley, and W. W. Murphy as Judges of election in Said Ward; which motion prevailed The Ordinance as amended was then passed under a suspension of the rule by the following Vote Yeas Aldermen Dunham Fishen Glass Mortimer Nolen Stumph Nays None appr. $337.50 The Mayor then laid before the Council an to pay Salary ordinance appropriating the sum of $337.50 to pay Engineer on Steam the Salary of the Engineer on Steam Roller from Aug 20th 1901 Roller. Alderman Glass moved to amend by striking out the word "20" in the ordinance and the Capital and inserting the word "15" which motion prevailed and the ordinance as amended was passed under a suspension of the rule by the following Vote Yeas Aldermen Dunham Fishen Glass Mortimer Nolen Stumph 6 Nays None --- Page break --- 366 The Mayor laid before the Council the following Veto Message. Mayors office Austin Texas August 20" 1900 To the Honorable City Council Gentlemen; I herewith return without I cannot give my approval to the communication or resolution passed resolution to by your Honorable body on August 20" 1900, recommending elect Street the employment of a street Commissioner for the Commissioner following reasons. I think the creation of this position would bring up a question of conflicting authority with the City Engineer and Ex officio Street Commissioner, and from the further fact that there is a question in my mind as to the authority of the Council in the matter. I also herewith transmit and call to your attention the opinion of the City Attorney in the premises Respectfully, Jno. D. McCall Mayor. The following is the opinion of the City Attorney alluded to in the above Message. Austin Texas Aug 25, 1900 Hon Jno. D. McCall, Mayor of the City Austin Texas Dean Sir, City Attorneys In reply to your inquiry of this date, asking report on whether or not it is competent for the Council, by authority of ordinance or otherwise, to create the office of Street Council to elect Commissioner and fill same by the election of some St. Commissioner person, other than the present City Engineer, and Ex officio Street Commissioner, I answer: that in my opinion, the Council has not the power! but that it has the power to create the position of assistant to the present City Engineer and Ex officio Street Commissioner, and to fill said position when created by election. The person so elected will necessarily be a City appointee, as distinguished from a City officer, under the provisions of the City Charter, and the Council will have the power to abolish his position, or to discharge him and fill his position, by the election of a new man, at its pleasure. The views above expressed result from provisions contained in the City Charter, which may be briefly summarized as follows. Viz. Section 71, of the City Charter creates a complete system of City offices and among the offices thus created, is that of City Engineer and Ex officio Street Commissioner Section, 88 of the City Charter defines the duties of the --- Page break --- above named office and provides among other things, that the incumbent "shall, with the advice of the Mayor, have general supervision of all work on the streets and bridges of the City." Section 75 of the Charter, provides for the removal of the City officers by a two-thirds vote of the Council; and Section 74 provides the manner in which vacancies created by such removals shall be filled. The authority of the Legislature to provide for the creation of City offices and to define the duties attaching thereto is paramount and as it has acted in this matter, the Council is without the powers to take any valid action conflicting with same. Section 69 of the Charter, empowers the Council "employ and fix the compensation of such agents, as it may deem for the best interest of the City" and provides also that, "the Council may abolish any place created by it, and discharge any person employed by it, at any time that it may deem that the best interest of the City require such action." The Council may, if it sees fit, exercise the powers expressly granted in Section 69, by providing for the creation of the position (Chief Street Commissioner) and may fill such position by election. Jorns [illegible] City Attorney Mayors Veto On motion to reconsider the Vote by which the resolution was passed was sustained reconsidered, and the question put, shall the resolution pass Notwithstanding the mayors objections which motion was lost by the following Vote Yeas None Nays Aldermen Dunham Duchen Glass Mortimer Nolen and Stumph. 6. New Business Salaries of Spec. By Aldermen Stumph. An ordinance appropriating the sum Policemen of $148.23 to pay the salaries of Special Policemen for the month Aug. 1900. of August 1900. The ordinance was passed under suspension of the rules by the following vote. Yeas Aldermen Dunham Duchen Glass Mortimer Nolen and Stumph. Nays None. aff. Sums By Aldermen Duchen An ordinance appropriating the sum of $207.43 to pay approved accounts Street Dept. The ordinance was passed under suspension of the rules by the following vote. Yeas Aldermen Dunham Duchen Glass Mortimer Nolen and Stumph Nays None By Aldermen Dunham An ordinance granting the --- Page break --- 368. Ordinance Lone Star Ice & Granting Lone Star Ice Co. their assigns, and permission to "Track" Common and the privilege to Maintain put in place. Street North of fifty years, a single d.c within the track of railroad between Colorado Street The International and Lavaca Streets along West 8th Street Street and on and along West and West First Street to River along Colorado Street walk in the City The ordinance was read the first Time and a motion was made to suspend the rule and place the ordinance on its second reading which motion prevailed by the following Vote – Yeas Aldermen Dunham Fischer Glass Mortimer Nolan and Stumpf Nays None. 6 Ammended. The ordinance was then read a second Time Alderman Fischer moved to amend the ordinance by striking out in the Caption and body of the ordinance the word "fifty" and inserting in lieu thereof the word "twenty five" which motion prevailed and the ordinance as amended was then passed under a Suspension of the rule by the following Vote – Yeas Aldermen Dunham Fischer Glass Mortimer Nolan and Stumpf Nays None. 6 Alderman Fischer offered the following resolution Mayon and Supt which was read and adopted to adv. for St. Be it resolved by the City Council of the City of Austin: Supt That the mayor be and is hereby authorized and instructed to advertise for a Street Superintendent affr to purchase By Alderman Mortimer An ordinance Appropriating Smoke Protection the sum of $35.00 for the purpose of paying for Smoke Protectors for fire dept for the use of the City Fire Dept. The ordinance was passed under Suspension of the rules by the following Vote – Yeas Aldermen Dunham Fischer Glass Mortimer Nolan and Stumpf Nays None 6 affr to pay ints By Alderman Stumpff An ordinance Appropriating due Oct 1, 1904 the sum of $2175.00 to pay interests due October 1904 Funding Bonds on $72,500.00 Funding bonds of the City. The ordinance was passed under Suspension of the rules by the following Vote – Yeas Aldermen Dunham Fischer Glass Mortimer Nolan and Stumpff Nays None 6 By Alderman Stumpff An ordinance Appropriating the sum of $1129.10 to pay Approval accounts – The ordinance was passed under Suspension of the --- Page break --- 369 rules by the following Vote Yeas Aldermen Durham Procker & Lars 7 Norrtimer 6 Moen & Stumpf Nays None On motion it was ordered that hereafter the Council meet at 8.30 Oclock PM instead of 8 o'clock On motion the Council adjourned Fred Johnson City Clerk.