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Austin's 1900 Infrastructure & Legal Battle

Monday, December 17, 1900 regular

Major Court Case Funding – The council appropriated $125+ for legal expenses to defend Austin in two significant cases being heard before the Circuit Court of Appeals in New Orleans on January 8th, addressing disputes over taxation and city property rights.

Infrastructure Improvements – Approved multiple street and bridge projects totaling over $2,000, including repairs to Waller Creek bridges, sewer connections, and street work across different city wards, with bids accepted for steel bridge construction.

Water Works Investment – Received an offer from P.L. Breckenridge to donate $20,000 toward the city's water works system, referred to the Finance Committee for consideration as a potential boost to public utilities.

Mayor's Budget Vetoes – The mayor rejected a $500 ordinance to purchase mules for street maintenance, arguing the city already had sufficient equipment; the council ultimately overrode this veto and approved the expense.

School Tax Authorization – Initiated proceedings for a public election to authorize a tax levy of 50 cents per $100 in property value to fund the city's public free schools.

Full Transcript

410 Regular meeting of the City Council Austin, Texas December 17, 1900 Hon Jno D. Webb Mayor presiding Roll Called Present Aldermen Dunham Fischer Glass [illegible] rauer Schneider Stumpf Absent None On motion the minutes were approved as recorded without reading. Petitions, Memorials &c. By Alderman Fischer, Memorial of a Committee from the Trades Council asking that V.E. Luhon by appointed Engineer on the Steam Roller. The memorial was read and on Motion of Alderman Glass was referred to the Street Committee. By Alderman Fischer, Communication from the City Clerk asking authority to appoint an Assistant for thirty days at a salary of $75.00, To assist in writing up the books of the Office, and in making his annual report. On Motion the request was granted By Alderman Schneider, Petition from Jno & Evans Avenue Austin Rapid Transit R.R. Co. asking permission to erect an Iron Clad Booth at the corner of Congress Avenue & 6th for use of employees for lunch baskets &c &c for a Telephone Station On Motion the request was granted By Alderman Stumpf - Petition of Mrs A. E. Turner asking that certain pound fees paid by her be refunded On Motion the petition was granted The Mayor laid before the Council the following Communication Austin, Texas Dec 15th, 1904 To the Honorable Mayor and City Council of the City of Austin Gentlemen: East Austin Hose Company would feel honored by your presence at their 15th Annual New Years Ball and Banquet to be given at East Austin Hall January 1st 1905, 8.30 P.M. Yours Respectfully William S. Dill Sec East Austin Hose Co. On motion of Alderman Glass the invitation was accepted, and the City Clerk instructed to Notify the Company. By Alderman Thornton, motion of East Austin Hose Co. asking that certain repairs be made to their hall. On motion the petition was referred to the Fire Committee. By The Citizens motion was made to allow asking to have a sum assessed as amusement in the City. --- Page break --- Communicaed, On motion the By Alderman Cramer - petition of Walter L. Hile to purchase a certain tract of land on the Colorado River conveyed to the City by Hile et al in the year 1892On motion the proposition was referred to the Finance Committee and City Attorney. The Mayor laid before the Council the following Communication Austin Texas December 8/99 Hon T. L. Brooks City Attorney Austin Dear Sir: City of Austin, Plaintiff in error vs. G. B. Bartholomew et al, Defendants in error. Joseph Naile, Plaintiff in error vs. City of Austin Defendant in error. This is to advise that the above entitled cases have been assigned for hearing before the Circuit Court of Appeals at New Orleans for January 8th. These are cases of grave importance to the City of Austin, and provision should be Seasonably made by the City Council to provide necessary expense money for Counsel representing the City. I feel most seriously the weight of responsibility resting upon me, and trust that both you and Judge Dowell, my associate, can be present and participate in the presentation of the cases for the City I would suggest that at least $125.00 be appropriated to cover expenses. Yours Very Truly T. R. Fisher On motion the Communication was laid over to come up with an ordinance on the subject. The Mayor laid before the Council a communication from the Hon County Commissioners Court of Travis Co asking the co-operation of the Council in repairing the bridge across Bouldin branch On Motion the Communication was referred to the Street Committee, with instructions to confer with the Hon Commissioners Court and report at the next meeting of the Council. By Alderman Norris Read petition of citizens against dumping garbage on Vacant lots on Navasota and 6th Streets Read and on Motion referred to the Sanitary Committee. By Alderman Fisher petition of M. W. Kyle asking for drain from the lot to the Steam Boiler and for an appropriation of $500to be made for same. The motion was read and on Motion was referred to the Street Committee with instructions to report at the next regular meeting of the Council Alderman Hayes read the following resolution which was read and adopted. The City Council of the City of Austin --- Page break --- That the Chief of the Fire Department is herean authorized to correspond with parties dealing in Fire Alarm apparatus, and such other parties as he may deem necessary with a view of securing information and probable cost of a Fire Alarm system for the City of Austin. Alderman Nolan, offered the following resolution which was read and adopted: "Resolved by the City Council of the City of Austin:" That the City Marshal be and is herean instructed: to close an open [illegible] those on empty [illegible] on vacant lot corner of Willow and Water street. Alderman Nolan offered the following resolution which was read and adopted. Be it resolved, that the Street Committee be directed: to wait upon the County Commissioners Court and see if the City can get the use of the County Teams during the time for which they are to be laid off by the County authorities, the City agreeing to feed the Teams and return the property in as good condition as when received upon notice by the said County Commissioners Court. Report of Standing Committees Alderman Diesen for the Street Committee presented the following report, which was read and adopted. Austin Texas Dec 16th 1904 To the Honorable Geo. A. Mc Call Mayor and Board of Aldermen of the City of Austin: Gentlemen! Your Committee on streets having duly advertised for a steel bridge on 2nd St., across Waller Creek, having received four bids, we leave to report that we recommend the acceptance of A. T. Johnson's (bid) to build said bridge for the sum of $262.00 and we request that the Mayor be and is herean instructed to enter into Contract with said A. T. Johnson provided he furnish a bond in the sum of $800.00 Respectfully, Francis Diesen Joseph H. Wurtz L. A. Nolan Committee. The Mayor laid before the Council the following Communication Austin Texas Dec 17th 1904 To the Hon. City Council! Gentlemen! Mr. P. L. Breckenridge offers the City Twenty Thousand dollars of the Water Works to the amount the Couhous attached for Fourteen thousand two hundred dollars. Respectfully, Geo. A. Mc Call - Alderman --- Page break --- On motion the communication was referred to the Finance Committee with instructions to advertise for such bonds as are allowed to be purchased for the sinking fund of the water light bonds Alderman Schneider for the claims and accounts Committee to whom was referred the petition of C.M. Brass and agent for Amelia Brass asking that the water light tax paid by her for year 1900, be refunded, presented a report recommending that the petition be not granted The report of the Committee was adopted By Alderman Nolen Communication from J.G. Thorp, City Marshal stating that an old confederate soldier J. Hughes was fined in the Udyard Court on a charge of intoxication, that the said man was lame and infirm and unable to perform any work for the City and was trying to make his way to Fort Worth where he would be cared for and that, under the circumstances he had turned him loose and allowed him to go his way - He asked that the Council remit the fine On Motion the request was granted Unfinished Business The Mayor laid before the Council the following Veto Message Mayor's Office, Austin Texas, December 11, 1900 To the Honorable City Council: Gentlemen: I herewith return without my approval An ordinance entitled "An ordinance appropriating the sum of $500.00 for the purpose of purchasing two pairs of Mules for the use of the street force." The purchase of these mules would necessitate, the buying of two wagons, and other expenses. The City now has three teams, which with judicious handling, can do the repair work necessary on the streets. The history of the City has been that when we had more teams some of the mules were in the pasture most of the time. For these reasons I cannot approve the ordinance Respectfully, Jno. D. McCall Mayor. On Motion the vote by which the ordinance was passed was reconsidered and the motion put "Shall the ordinance pass Notwithstanding the Mayors objections when motion was lost by the following vote Yeas Aldermen Dunham, Glass & Wortman 3 Nays Aldermen Rueden, Nolen, Schneider & Strempfl 4 The Mayor then laid before the Council the following Veto message Mayors Office, Austin, Texas, Dec 11, 1900 To the Honorable City Council: Gentlemen: I herewith return without my approval an ordinance passed by your honorable body on December 8th 1900 authorizing the Mayor to enter into a contract with S.A. McFall To assist the City Attorney in the litigation of the taxes on the Colorado River Toll Bridge. The City Attorney is able and well qualified --- Page break --- 414 to prossecute the suits without assistance, besides the Counties Case. against the same parties will settle the Question, To pay an assistant 10% on the amounts collected when it is not necessary would be an useless expenditure of money. Respectfully Jno. R. McMail, Mayor In motion the Vote by which the ordinance was passed was reconsidered and the motion put "shall the ordinance pass Notwithstanding the objections of the Mayor and the ordinance passed by the following Vote" Yeas Aldermen Dunham, Fischer, Glass, Mortman, Nolen, Schneider Mr. Stumpf Nays None 7 New business By Alderman Glass, An ordinance appropriating the sum of $500- for the purpose of filling in approaches to the bridges across Waller Creek, on East 5th Street. The ordinance was read the first time and on motion was referred to the Street Committee. By Alderman Nolen An ordinance appropriating the sum of $1500- for the purpose of Continuing Street work in the first Ward The ordinance was read the first time and on motion was referred To the Street Committee. By Alderman Stumpf, An ordinance ordering an election to obtain the consent of two thirds of the qualified Tax Paying Voters of the City to the levy of a Tax of fifty Cents on each one hundred dollars for the support of the Public Free Schools of the City. The ordinance was read the first time and on motion of Alderman Fischer was laid on the table, awaiting action by the Board of School Directors. Alderman Fischer offered the following resolution which was read and adopted Be it resolved by the City Council of the City of Austin, that G.M. Green and the City Attorney, be requested to attend the next session of the Circuit Court of Appeals of the United States for the 5th Circuit for the purchase of assisting J.R. Fischer, in prosecuting to obtain Court the Case of Joseph Nalle Receiver of et al vs the City of Austin et al as for the prosecution of these gentlemen on file By Alderman Fischer An ordinance appropriating the sum of $12500- for the purpose of paying traveling expenses of J.R. Fischer, to and from the City of New Orleans La in attending to the submission and of the Case of Joseph Nalle Receiver of et al vs The City of Austin et al. The ordinance was passed under suspension of the rules by the following Vote Yeas Dunham, Fischer, Glass, Mortman, Nolen, Schneider Mr. Stumpf 7 By Alderman Dunham An ordinance appropriating the sum of $500- to pay for paving Southwest [illegible] Street --- Page break --- 415 Alderman Glass. Moved to reconsider the Vote by which the ordinance appropriating the sum of $150.00 for the purpose of continuing street work in the first ward, was referred to the Street Committee which motion prevailed. The ordinance was passed under suspension of the rules by the following Vote. Yeas Alderman Dunham Bischen Glass Mortimer Nolen Schneider and Strumff Nays None 7 By Alderman Bischen An ordinance appropriating the sum of $75.00 to pay the Salary of an Assistant to the City Clerk for 30 days. The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Dunham Bischen Glass Mortimer Nolen Schneider and Strumff Nays None 7 The Mayor laid before the Council the following special Message Austin Texas, Dec 17th 1904 To the Honorable City Council: Gentlemen! J nomination D. W. Doom to be members of the Water, Light and Power Commission of the City of Austin. Respectfully Jno. B. McCall, Mayor Nominations On motion of Alderman Dunham the nominations made by Confirmed. the Mayor were confirmed. Ord. C. S. 2. By Alderman Schneider An ordinance appropriating the $150.00 Sum of $150.00 for the purpose of making Sewer Connection to Eighth Street fine Hall The ordinance was passed under Suspension of the rules by the following Vote Yeas Alderman Dunham Bischen Glass Mortimer Nolen Schneider and Strumff Nays None 7 Ord. C. S. 3. By Alderman Schneider An Ordinance appropriating the $200.00 Sum of $200.00 for the purpose of paying for certain Street work to be done in the Second Ward. The Ordinance was passed under Suspension of the rules by the following Vote Yeas Alderman Dunham Bischen Glass Mortimer Nolen Schneider and Strumff Nays None 7 Alderman Nolen offered the following resolution which was read and adopted. Be it resolved by the City Council of the City of Austin, that the Honorable Secretary of the Interior be requested to instruct --- Page break --- 416 the hydrographic division of the U.S. Geological Survey to take such measurements of the Colorado River at Austin, Texas, as will determine its minimum and reliable flow throughout the year and that this information be communicated to the Council. Be it further resolved that the Hon. A.S. Burleson be requested to use his influence to carry this resolution into effect. And that the City Clerk be instructed to forward copies of this resolution to the said Secretary, and Hon. A.S. Burleson. On motion the Council adjourned. Jno. C. Johnson City Clerk