503 Regular Meeting of the City Council Austin Texas Jan. 3rd 1901 Hon. R.S. White, Mayor presiding Roll Called Present Aldermen Crooker, Davis, Hume, Low, Maddox, Redd, Schneider, Shelley, Shumate, Stumpf & Utlit – 11 Absent Aldermen, Gillis, Mortimer & Nisbet – 3 On motion the minutes were approved as recorded by the Clerk without reading. Petitions, Memorials etc – Petitions By the Mayor - Application of H.P. Stille and City Treasurer for leave absence. On motion the leave was granted. Petition Alderman Schneider stated that Ex Mayor McFall was in to assist the Hall and moved that he be invited to a seat in the Council Chamber, which motion prevailed – Petition By the Mayor - Petition from H.L. Pines Supt. State Blind Asylum asking certain street work. The Petition was read and on motion referred to the Street committee with power to act. Complaint By Alderman Crooker - Complaint from the officers & members Episcopal Church as to condition of street near their Church. On motion the Complaint was referred to the Street Committee – Reports City Officers The Mayor laid before the Council the reports of City Officers for the month of Dec. 1900 - which were on motion referred to their appropriate Committees without reading, except the report of the Treasurer which was read. The following is a synopsis of the reports By the Assessor and Collector – To Collections as follows – From a advalorem Taxes $3300.11 " License "1512.80 " Fines in Mayors Court "115.90 " Pound fees & sales "27.00 " Penalty interest & Cost (2% Taxes) "413.83 " Redemption of Dogs "40.00 " Water & Sinking fund "1198.46 " Interest on Old Bonds "329.75 " School Tax "156.63 Total Collections $8496.48 (Referred to Finance Committee – By the Clerk – Police amount of warrants drawn against General Fund $6445.62 " " " " " Street & Bridge. "419.25 (Referred to Finance Committee – --- Page break --- 504 By the Treasurer General Fund Balance May 1st $ 4341.63 Received during the month 21.315.79 Transferred to Street fund * 4066.27 Paid warrants 7397.33 ---------- 23.186.32 ---------- Balance $34.749.92 Interest on Old Bonds Balance May 1st 1901 - Cash - *3833.53 Received during the month 1908.56 Balance Cash 5.742.09 Bonds - Balance May 1st 1901 * 9000 " " 3 & C " "9000 Int. Water & Light bonds. Balance May 1st 20.403.43 Received during the month 74.35 Paid warrants $ 17.786.83 3.336.95 ---------- Balance $21.123.78 Sinking Fund for R. R. Bonds Balance May 1st 1901 in Cash $3.752.03 " " " " 1st " ", Bonds. 10.000.00 Received during the month - in Cash 288.57 " " " " " " in Bonds $5440.60 10.000.00 ---------- Balance May 31st $15440.60 " " " " " " " " Street fund Balance May 1st 1901 * 8.34 Received during the month - 4066.27 Paid warrants 3.036.39 1038.22 ---------- Balance - $4074.61 Referred to Finance Committee. By the Marshal Total fines assessed in Mayors Court $ $842.50 *315.00 Paid in Cash 57.00 Worked out 15.50 Carried over ---------- $315.00 Collected on back fines $15.00 Pound fees Collected *13.50 Burial Permits for animals 99.90 9.00 Referred to Police Committee. --- Page break --- 505 By the City Physician Number patients in Hospital May 21st/1901 admitted in " 1901 dismissed - " " 1901 died " " " Remaining " 3 27 Visits to paupers " " 137 Prescriptions " " 346 Cases Small Pox 10 Referred to Hospital Committee By the City Sexton Total number deaths during the month 13 White 10 Mexican 3 Male - 10 Female - 3 Still born - 1 Referred to Cemetery Committee. Reports of Standing Committees Rept Police Alderman Sover for the Police Committee to whom was referred Com. Gillan the petition of P. G. Spicer to have Pound fees refunded, presented Pound fees a report recommending that the petition be grantedThe report of the Committee was adopted - Ald. Hume Alderman Hume was excused from further attendance at excused this session of the CouncilRept. W. & L. Alderman Hume for the Water & Light Committee to whom was Com. Water & Light referred the bill of the Water and Light Commission for water Water & Light & light furnished for the month of April 1901 - presented a report recommending that the bill be paidOn motion the report was laid over to come up with an ordinance appropriating the moneySp. Com. Cem. Alderman Maddox for the special Committee for the matter of Sales granted time of lots in the City Cemetery, asked for further time in which to make a report The request was granted - Ord. Pur. Alderman Maddox for the Purchasing Committee presented a Com. Beds report, stating that they had advertised for bids for furnishing furnishing meat to City & County Hospital for the quarter ending Aug 30th/1901, and recommending that the bid of A. B. Caper Co. be acceptedOn motion the report was adopted - New Business - A. Maddox By Alderman Maddox An Ordinance appropriating the Ordinance sum of 1247. 59 to pay approved accountsThe ordinance was read the first time and on motion the rule was suspended and the ordinance passed on on its second reading by the following vote --- Page break --- 506 Yeas Alderman Crooker, Davis, Low, Maddox, Redd Schneider 10 Shumate, Shelley, Stumpff & Ullish- 0 Nays none- The ordinance was read the second time- Alderman Crooker moved to amend by inserting "to pay P.J. Spricer's poll fees refunded The amendment was adopted Alderman Shelley moved to amend by adding "to pay for Water & light furnished for the months of April & May 1901-1644.48 The amendment was adopted and the ordinance was adopted and the ordinance as amended was then passed under suspension of the rules by the following vote- Yeas Alderman Crooker, Davis, Low, Maddox, Redd & Schneider 10 Shelley, Shumate, Stumpff & Ullish- 0 Nays none- extra st labor By Alderman Maddox an ordinance appropriating the sum Amount $200 of $200.00 to pay for extra Street labor & teams The ordinance was passed under suspension of the rules by the following voteYeas Alderman Crooker, Davis, Low, Maddox, Redd Schneider 10 Shelley, Shumate, Stumpff & Ullish- 0 Nays none- spec Policemen By Alderman Maddox an ordinance appropriating the sum of $110.00 to pay the salaries of special Policemen for the month of May 1901. The ordinance was passed under suspension of the rules by the following voteYeas Alderman Crooker, Davis, Low, Maddox, Redd Schneider 10 Shelley Shumate, Stumpff & Ullish- 0 Nays none- pay Aldermen By Alderman Stumpff an ordinance appropriating the sum of $280.00 to pay the salaries of Aldermen for the months The rules were suspended and the ordinance placed on itssecond reading by the following vote- Yeas Alderman Crooker, Davis, Low, Maddox, Redd & Schneider 10 Shelley Shumate, Stumpff & Ullish- 0 Nays none- The ordinance was read the second time- Alderman Maddox moved to amend the ordinance by striking out in the Caption and body of the ordinance the words "for his mon the" The amendment was adopted And the ordinance as amended was passed under Suspension of the rules by the following voteYeas Alderman Crooker, Davis, Low, Maddox, Redd & 10 Schneider Shelley, Shumate, Stumpff & Ullish 0 Nays. none. --- Page break --- Alderman Davis offered the following resolution which was read and referred to Street Committee. Be it resolved by the City Council of the City of Austin: Austin Rapid That the permit heretofore granted to the Austin Rapid Transit Ry Transit R. R. Co. to erect a house in the public Street of the City at the N. W. corner to remove house of Congress Avenue & 6th Street be and the same is hereby revoked; And that the City Attorney be and is here by instructed to take all necessary steps to have the structure erected by said company at said point removed. Alderman Redd offered the following resolution which was read and referred to the Finance Fire Committee. Res to repiade Be it resolved by the City Council of the City of Austin: Res to pay $15- That the action of the Council heretofore taken by a resolution for Fireman which authorized the payment of $15.00 for the expense of caring for Engine at the hall of the Washington Fire Companybe and same is here by rescinded and said resolution repealed. Alderman Magoo offered the following resolution and agree ment. Resh resolved by the City Council of the City of Austin :Section 1 That the City Attorney be and he is here by authorized to make compromise and execute on behalf of the City an agreement for the res. in settlement of the cases now pending in the Federal Courts cases. which grow out of the contract alleged to exist between the City of Austin and the Austin Water, Light & Power Companyor the Belt Water Company; which agreement shall in all respects conform to the Copy or draft heretofore attached. Section 2 - The act of the City in authorizing the execution of this agreement shall not be construed as a waiver of any claims X that it has or may have against the Austin Water, Light & Power Company or City Water Company for municipal taxes, or any account or claims due or to become due. In the Circuit Court of the United States for the Western District of Texas, at Austin: No 2318. Now Joseph Nalle, Receiver, vs. Austin Rapid Transit Railway Company, et al - Garnishees. - No 2319 - Joseph Nalle, Receiver vs. Ben. C. Jones & Co et al Garnishees, - No 742 - E. C. Bartholomew, Receiver vs. City of Austin. --- Page break --- 508 - No 2325- Joseph Mulle, Receiver, vs. City of Austin et al. Comes now the City of Austin, party to each of the above styled and numbered causes, acting by and through its attorney of record therein, and Joseph Mulle, Receiver of the Austin Water, Light and Power Company and of the City Water Company, party to each of said causes, acting by and through its attorney of record therein, and mutually agree as follows – viz: -I- The City of Austin shall levy a general revenue tax of 7/8 ee on each one hundred dollars worth of property subject to taxation by it for the year 1901. -II- No money whatever shall be paid by said City to said receiver from the proceeds of the tax levy above provided for, or from any other source, until an application for a writ of Certiorari – in cause No 2292, E.C.Bartholomew, Receiver vs. City of Austin shall have been finally disposed of by the Supreme Court of the United States; and if such application be granted, not until said cause is finally disposed of, and there having been rendered No 882, on the dockets of the United States Circuit Court of Appeals for the 5th Circuit, and styled City of Austin, plaintiff in error vs. E.C.Bartholomew and Joseph Mulle, Receivers, defendants in error, and it is expressly understood and agreed that said application for certiorari shall be applied for and presented to the Supreme Court of the United States before November 1st, 1901, and this section of this agreement shall be of no effect if it is not so applied for and presented within the time mentioned, unless the Supreme Court of the United States should refuse to allow said application to be presented by said date, in which event said application shall be presented at the earliest date, after November 1st, 1901, that said Court will allow. -IIIThe judgement heretofore rendered in Cause No 2325 Joseph Mulle, Receiver, vs. City of Austin, et al, shall abide the result of the decision by the Supreme Court of the United States on the application for a writ of certiorari in Cause No 2292 E.C.Bartholomew vs. City of Austin, if said application be not granted by said Court; and shall abide the final disposition of said Cause No 2292, if such application be granted. -IVThe writ of garnishment heretofore sued out by Joseph Mulle, Receiver, in proceedings instituted in this Court and entered on the dockets thereof as. No. 2318 Joseph Mulle Receiver vs – --- Page break --- Pages 509 and 510 Missing in Original Minute Book --- Page break --- 511 Austin Rapid Transit R. R. Company et al- and No 2319, Joseph Nalle Receiver of the vs - Ben C Jones & Company et al, shall be quashed. and the motions of the Water Light & Power Company of the City of Austin to dismiss said garnishment proceedings shall be granted as prayed for in motions on file in each of said cases-V- The City of Austin shall pay to Joseph Nalle, receiver, the sum of $20,000 out of the proceeds of the tax levy for general revenue purposes for the year 1901, if the final judgement in Cause No 2292, B.C. Bartholomew, Receiver, vs The City of Austin, is in his favor, said payment if made to be applied, as a partial payment on said judgement. -VI- The City of Austin shall for years subsequent to the year 1901 levy and collect a general revenue tax of $1.00 on each one hundred dollars worth of property subject to taxation by its Tax in which such levy is made; and $20,000 shall annually be appropriated out of the proceeds of such tax levies and applied to the payment of the judgements heretofore rendered in Cause No 2292, B.C. Bartholomew, Receiver vs. City of Austin, and Cause No 2321-Jos Nalle, Receiver vs. City of Austin et al.; until said judgement shall have been fully paid, if the final judgement is in favor of plaintiff in Cause No 2292 as above provided. -VIINo new suits shall be brought against the City of Austin for hydrant rentals by the Austin Water, Light & Power Company for the City Water Company, or any person representing either or both of said Companies during the year 1901-1902 & 1903. -VIII- If a final judgement shall be rendered in favor of defendants in Cause No 2292-no money shall ever be paid to plaintiff under the terms of this agreement, and all judgements or orders based upon this agreement shall be set aside on motion, as shall also the judgement in Cause No 2321 as above provided for. By the term “Final Judgement” whenever used in this agreement is meant a judgement from which no appeal, writ of error, or other proceedings to revise same is perfected within six months after the rendition of the judgement. -IX- The judgements liens which Joseph Nalle as Receiver aforesaid, may have heretofore acquired against property of the City of Austin, through the recording of an abstract of an abstract of the judgement. --- Page break --- 512 rendered in Cause No 2292, E. C. Bartholomew vs. City of Austin et, al., shall be cancelled; no new abstract of said judgment or of the judgment in Cause No 2325: Joseph Malle, Receiver vs. City of Austin, et al., shall be filed on record- X - No writs of garnishment shall be sued out and no additional steps of any character shall be taken to enforce collection of judgments heretofore rendered in Cause No 2292 E. C. Bartholomew, Receiver, vs. City of Austin, or Cause No 2325 Joseph Malle, Receiver, vs. City of Austin et al., so long as the City in good faith carries out the provisions of this agreement - XINothing in this agreement is intended as, or shall be construed as, an admission on part of the City of Austin or any of its officers, of future liability on the contract alleged to exist between said City and the Austin Water, Light & Power Company, which contract forms the basis of the litigation hereinbefore specified; said nothing therein shall be construed as an admission of any obligation on part of said City to renew or extend said contract after the 13th day of April A.D. 1902. It is understood and agreed that nothing herein shall be construed as a limitation upon, or restriction of, the rights of the said City to prosecute all forms of suit for damages in case said the Supreme Court of this State should in any contemplated application for a certiorari in said Cause No 2292 or in subsequent proceedings in said cause, if there should be any [illegible] therein. - XII - It is further agreed that out of the general revenue arising from the levy of the one per cent revenue provided for 1901 and subsequent years there shall be set aside and appropriated by the City Council as the money is received by the City not less than one third thereof until the sum of $20,000.00 has been so appropriated and set aside for each year, and that this $20,000.00 per year shall not be used, loaned or expended in whole or in part for any other purpose but shall be held by the City Treasurer as a special fund to be paid in cash to said plaintiff in case Cause No 2292 is finally disposed of in his favor so as to be exclusive of the rights of the parties thereto, - XIII - It is further understood that all orders and judgments necessary to make this agreement effective shall be entered in pursuance of this agreement, have been duly and authorized and instructed to execute same, the one by the Mayor and City Council of the City of Austin through by virtue of a Resolution duly and regularly adopted by said body, --- Page break --- 513 on the 3rd day of June, A.D., 1901 and the other by Joseph Mull, acting as Receiver of each of said Water Companies and under and by virtue of an order of this Courts duly entered in Cause No 201 in Equity of the docket of this Court, entitled Summers B. Huey et al ? Vs. King Water Co. & Water Light & Power Co., on the 3rd day of June 1901 which order authorized and directed the execution of this agreement on the part of said Receivers of said Water Companies which he represents. Witness the hands of said parties on this day of A.D., 1901- Judge D.H. Dooms was invited, to address the Council on the resolution, which he did. The City Attorney then addressed the Council explaining the resolution. The Resolution was adopted. $1500 to By Alderman Crooker an ordinance appropriating the purchase sum of $15 00 to purchase picture of Ex Mayor McCale to be Photo of Ex placed with pictures of Mayors in Council ChamberMayor McCale The ordinance was read the first time and the matter of framing and placing the picture was referred to the Marshal Marshal who is authorized to get same & have it placed in the Authorized to Chamber and to bring in a bill of cost. purchase By Alderman Ellitt an ordinance appropriating $300 00 for certain street work to be done in the Fifth WardThe ordinance was read the first time and on motion was referred to the Street Committee On motion the Council adjourned Jno. F. Johnson City Clerk