518 Regular meeting of the City Council July 01, 1901. How A. & H. White Mayor Presiding Roll called Present Aldermen, Brookes Davis Hanna Love Madden Mortimer Nabocks Redd Shelley Shumate Stumph and Ulich Absent Aldermen Gillis Schmieder On motion the minutes were approved as recorded by the Clerk without reading. Reports of City Officers - The Mayor laid before the Council the reports of the Reports of City officers for the month of June 1901, except the reports City officers of the Assessor, Collector & the Treasurer. On Motion the reports were referred to their appropriate Committees without reading, except that of the Treasurer the following as a synopsis of the reports. By the City ClerkAmount of warrants drawn against the General fund $16.849.90 " " " " " " " " "Street & Bridge " 1020.57 - Referred to Finance Committee By the City Treasurer A/c General fund - Balance June 1st 1901. $23.286.32 Recd during the month 3625.74 Paid warrants during the month $15.163.67 Bal June 30th 1901. 1174839 $26.912.06 A/c of Street Fund Balance June 1st 1901. 1038.22 Paid warrants during the month $957.87 Balance June 30" 1901. 80.35 $1,038.22 A/c Int Sinking fund School bonds Balance June 1st 1901. 5742.09 Recd during " " 209.75 Balance " 30 " " Cash $5951.84 " " " " " " Bonds 9.000.00 A/c Interest fund Water & Light - bonds Balance June 1st 1901 3336.95 Recd during " 2031.04 Balance " 30 " " $5.367.99 A/c Sinking fund W & L bonds. Balance June 1st 1901 Cash 5440.60 " " " " " " Bonds 10000 "" Recd during June " " Cash 812.42 Balance " 30 " Cash & Bonds. $16253.02 --- Page break --- Earnings funds Recalled June 10th 1901. Receipts during " " " 6921.68 Paid warrants during " " " 8944.75 Balance 15.866.43 Referred to Finance Committee By the City Physician Number of Patients in Hospital June 10th 1901. " " " admitted in " " " 27 " " " discharged " " " 28 " " " deaths " " " 18 " " " remaining " " " 3 " " " Visiting Surgeon " " " 32 " " " Prescriptions given " " " 90 " " " Cases Small Pox Reported " " " 303 Referred to Hospital Committee 8 By the City Sexton Number deaths during the month White 11 Mexican 2 Colored 3 Male 8 Female 8 16 Referred to Cemetery Committee Reports of Standing Committees Rep. Str Com Alderman Mitochelle for the Street Committee, to whom was on Petition of Supt Pierson referred the petition of Supt Pierson Supt Pierson asking that certain streets were be done near the State Blind Asylum, presented a report recommending that the work be done as asked for and submitting an ordinance, appropriating money for said work, and recommending the passage of the ordinance. On motion the report was adopted Claims of Alderman Lowe for the claims and accounts Committee, to account on whom was referred the appeals of certain persons from the of former action of the Board of Equalization granted as following taxes - report which was read and adopted Austin Texas July 1st 1901 B) Equalization R.E. White Mayor and City Council of the City of Austin: Gentlemen: Your claims and accounts Committee to whom was referred from former Council's appeals from Board of Equalization and petitions for refunding of taxes, as follows. J.M. and Mathis Brass Appeal Joseph Nalle 50 J.J. Von Raenitz 50 --- Page break --- 520 H B Sainette appeal Miss Mary Odom do James Byrne do J Cohn Thias do Scottish Am Mortg Co do Western Union Telegra Co do J H Prouse do A W Burt do A Nicholson do J L Fricke do F W Wattles do Mrs E H Coombs do Mrs R R Blocher do Mrs W S Evert do J W Lillian Act do J H Hughes do Post Shoe Company do Mrs C W Dalusch do Mrs Talback do J W Robertson do They leave to return the days herewith, with the present City Clerk precludes the right of the Council to adjust or Compromise taxes Respectfully Theodon Low W D Shelby Reh Printing Alderman Crovell for the Committee on printing Pum. Clerk a resolution directing the City Clerk to furnish Public minutes with a Copy of the proceedings of the Council, for publication The report of the Committee was read and adopted by the following Vote Yeas Alderman Crovell Davis Hummel Low, Mortimer Shumate Humph and Vilette 8 Nays Alderman Maddox Vicente Read Shelly 4 Alderman Schmardon entered the Council Chamber So Rep W & L The Mayor laid before the Council the quarterly report of the Commission referred to the Water and Light Committee. Reports of Special Committees Report of Spc Alderman Maddox for the Special Committee to whom was Com on referred the matter of the sale of Cemetery lots by the Austin Cemetery Ass. City Cemetery Association, presented the following report which W.W.W. was read and adopted Austin Texas June 26th 1901 To the Mayor and City Council of the City of Austin We Your Special Committee to whom was referred the matter of alleged overcharges for Cemetery lots by the Austin City Cemetery Association, hereby report that said matter has been by us carefully investigated --- Page break --- with the request that the following facts have been ascertained and the following recommendations are made, Viz: Facts ascertained The Austin City Cemetery Association is a corporation chartered under the laws of this State for the purpose of maintaining a cemetery in the City of Austin, and owning and selling lots therein for the purpose of the burial of dead human bodies; and in the year 1892 said association acquired and purchased within the City limits of this City and North of the Colorado river the property at present used by it for Cemetery purposes. In February 1893, the City Council by penal ordinance provided, that it should thereafter be unlawful for any person to bury or caused to be buried, or to in any manner assist in the burial of the dead body of any human being, within the corporate limits of the City of Austin North of the Colorado River, except at certain places named in said ordinance; and the property owned by said association was not one of the places named in said ordinance Thereupon the Austin City Cemetery association filed in the District Court of Travis County, a petition for injunction restraining the City from enforcing against it the provisions of the ordinance above mentioned. The litigation thus instituted was finally determined in favor of the City by a decision rendered by the Supreme Court of this State on December 3rd, 1894; and the practical effect of the decision thus rendered was to deprive the Cemetery association of the power to use its property for Cemetery purposes until such time as the City should give its consent to the use of the property for those purposes On February 4th, 1895, the Cemetery association submitted to the Mayor and Council of the City, a written proposition for the enlargement of the City Cemetery then existing, which proposition was in substance as follows, Viz: The association proposed to dedicate itself to add to the City Cemetery the strip of land owned by the association and adjoining said Cemetery; to cut said strip of land into blocks of the same size and shape as those of the Cemetery and for the out and dedicate to the City for the use of the public streets and walks in the proposed addition in such manner as to make same extensions of those in the old Cemetery; to grade all such streets and walks, to create all necessary culverts and drains, to purchase from the City the fenced intervening between the old Cemetery and the proposed addition to deed to the City for the burial of its paupers dead a strip of land twenty five feet in width by 1050 feet in length off the East side of the proposed addition, to pay all costs of Cemetery injunction in suits then pending, and to give bond to defend the City suits arising in the future --- Page break --- 522 out of the use for Cemetery purposes of the land embraced in the proposed addition, to seperate the proposed addition under the supervision and control of the City Sexton and to permit the City to fix a minimum price of $50.00 and a maximum price of $100.00 upon all blocks of ground 25 by 30 feet in size, sold by said Association; if the City would afford the addition the ample party lanes proposed and would repeal the penal ordinance above mentioned On March 18th, 1895, and in response to the above proposition, the City Council passed an ordinance entitled, "An Ordinance Authorizing the Austin City Cemetery Association to establish a Cemetery in the City of Austin." By Section 3 of this ordinance it was provided "That Said Association shall not charge more than $50.00 per block of two and one half by 30 feet in size, and that, in no event shall the price charged for a lot in said Cemetery by the Association be as to fix the maximum price for lots at $75.00 By Section 8 of the ordinance of March 18th, 1895, it was provided that "It shall be the duty of the Association within thirty days after the passage of this ordinance * * * to file with the City Clerk a written acceptance of the provisions of this ordinance." On April 10, 1895, the Cemetery Association filed with the City Clerk a written acceptance of the provisions of the above mentioned ordinance. Immediately thereafter, the proposed addition to the Cemetery was made, the land embraced in the addition being subdivided into lots 10 by 20 feet The association sold lots in the addition to the persons, at the dates, and for the prices named below, Viz: 1899 July 19. Sea W Littlefield 125.00 " 27 Frank O. Abcokks 125.00 Sept 13 Mrs B.R. Manning 100.00 " 13 Geo P. Farmer 100.00 " 26 Mrs G Sharding 100.00 Oct 3 Mrs Ellen Mishaw 125.00 Dec 2 Mrs G.A. Dalich 150.00 " 25 G.A. Jackson 100.00 1900 March 12 Chas Marcuse 125.00 June 20 Ella Esans 125.00 July 2 A.R. Leibsaker 100.00 Aug 4 Stanley Ford 125.00 Dec 31 Jas Whelan 125.00 1901 Jan 22 G.A. Bachman 125.00 Feb 4 J.P.B. Dalmore 125.00 Feb 19 Jefferson Johnson 125.00 Mar 14 Randolph Robison 125.00 April 13 G. J. Robinson 125.00 Recommendations I The recommend that the ordinance of date March 18", 1895 --- Page break --- 523 entitled "An Ordinance authorizing the Austin City Cemetery Association to establish a Cemetery in the City of Austin, be so amended as to provide an adequate penalty for the violation of its provisions 2. The recommend that the City Attorney be authorized to institute proceedings in the name of the City such civil proceedings as in his opinion may be necessary to compel the Austin City Cemetery Association to observe and comply with the restrictions contained in its franchise, if in his opinion the enactment of the ordinance above recommended shall prove non-effective for that purpose. 3. The express the opinion that the persons who have purchased and paid for lots in said Cemetery an addition at prices exceeding the maximum price which said association is entitled to charge for such lots, cannot be afforded relief by action of the City Whatever remedy such persons may have must be sought in the Courts through the mediums of such instituted by them against said association (Sgd) Respectfully J. L. Maddax Chairman W. L. Prewitt City Attorney Report from Alderman Shimptf for the Special Committee to whom in discharge of Fritz Klagen was referred the matter of the discharge of Fritz Klagen by the City Sexton, presented the following report which was read and adopted. Austin Texas July 10, 1901 To the Hon Mayor and City Council Your undersigned special Committee appointed to investigate the facts leading up to the discharge of Fritz Klagen from employment in the City Cemetery and the prohibiting of his children from working in the City Cemetery, beg leave to report as follows, Viz: On Feb 24, 1901, Louis Nitschke, City Sexton, in writing discharged the said Klagen from employment in the Cemetery and prohibited two children of the said Klagen from working in the Cemetery in the future. The reason given by the Sexton for this action was that complaints had been made by Ladies to the City Council and to the Cemetery Committee against the said Klagen. No such complaints had in truth and in fact been made. While we think that the City Sexton did wrong in pursuing the conduct above detailed, we think also that the Council is without power to re-instate the said Klagen, for the reason that the Sexton has the power to make the said discharge with or without reason. We think that the action of the Sexton in attempting to prohibit --- Page break --- 524 The children of the said Klages from in the future working in the Cemetery was without authority of law and void Respectfully Joseph Stumph J W Thumale B M Urada Committee Rep Spe Com Alderman Stumph for the special Committee to whom was Pat Von Rosenving referred the communication from Von Rosenburg Jr, with Recorders Court reference to the putting into operation the Recorders Court presented a report stating that in the opinion of the Committee It is not at this time practicable to put said Court into operation The report was adopted. Unfinished business The following Veto message of the Mayor was read Austin Texas June 27th 1904 To the Honorable City Council: City of Austin Mayors Veto Gentlemen: I herewith return without my approval "An Ordinance granting to the Austin Gas Company, its assigns and successors the right to build and the privilege and also to maintain for a period of twenty five years from the 10th day of September, 1900; a spur on switch" along and in front of its plants on Colorado Street; and to construct and maintain the track of the single line of railroad connecting with the I & G N R. R. Co. authorized to be built and maintained by the Lone Star Ice Company, by ordinance approved September 10th 1900. and likewise to give to said Austin Gas Company its successors and assigns the privilege of using said railroad track named in said Ordinance" passed by your Honorable body on the 17th day of June 1904, for the following reasons. 1st I think the time of the franchise granted is too long and 2nd I think the granting this Company the right and privilege to use the side walk to be used as a railroad track is to say the least of it a very bad precedent, and for these reasons I Cannot approve the ordinance Respectfully R. O. White – Mayor Veto sustained Alderman Brocken moved to reconsider the vote by which the ordinance was passed, which motion prevailed. Alderman Witschke moved that the ordinance do now pass Not withstanding the Mayors objection which motion was lost by the following Vote – Yeas None Nays Aldermen Brocken Davis Dunne Laws Vladfor Mr. Tynen Witschke Reed Schmader Shelley Thumale Stumph & Witt 18. --- Page break --- 525 The Mayor laid before the Council an ordinance appropriating $300. 5th ward the sum of $300. for the purpose of fraying for certain street improvements in the 5th Ward of the City of Austin The ordinance was read the second time. Alderman Davis moved that the ordinance be referred back to the street Committee, which motion prevailed by the following Vote Yeas Aldermen Crooker Davis Hume Low Maddas Mortimer Schumate and Shumpff Nays Aldermen Mitschke Redd, Schneider Shelley & Uelch 5 New business $75. Salary By Alderman Maddas an ordinance appropriating the sum of Engineer on $75.00 to pay the salary of the Engineer on the Steam Roller for the month Roller. of June 1901. The ordinance was passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker Davis Hume Low Maddas Mortimer Mitschke Redd Schneider Shelley Schumate Shumpff and Uelch- 13 Nays None $80. Sal_Dog By Alderman Maddas an ordinance appropriating the sum Catchers. of $80- to pay the salaries of Dog Catchers for the month of June 1901 The ordinance was passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker Davis Hume Low Maddas Mortimer Mitschke Redd Schneider Shelley Schumate Shumpff & Uelch 13 Nays none. Bill of The Mayor laid before the Council a bill of the Austin Water & Light Water Co and Power Co. for Water claimed to have been furnished the City for June 30 1901. the six months ending June 30th 1901. On Motion the bill was referred to the Water and Light Committee. Approved By Alderman Maddas An ordinance appropriating the sum of Acfs. $106.81 to pay approved accounts. The ordinance was passed under Suspension of the rules by the following vote Yeas Aldermen Crooker Davis Hume Low Maddas Mortimer Mitschke Redd Schneider Shelley Schumate Shumpff & Uelch 13 Nays none. $300. extra By Alderman Maddas An ordinance appropriating Labor teams. the sum of $300. to pay for extra Street Labor and teams. The ordinance was passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker Davis Hume Low Maddas Mortimer Mitschke Redd Schneider Shelley Schumate Shumpff & Uelch- 13 Nays None. $30. to pay By Alderman Uelch- An ordinance appropriating the for trash boxes sum of $30. for the purpose purchasing trash boxes for the for City City Cemeteries. The ordinance was read the first time and Cemeteries. a Motion made to Suspend the rule and pass it on its Second reading which Motion prevailed by the following Vote Yeas Aldermen Crooker Davis Low Mortimer Mitschke --- Page break --- 526 Redd Shelley Shumate Strumpf Weit 10 Nays Aldermen Hume Maddow Schneider 3 The ordinance was read the second time, and on motion was referred to the Cemetery Committee approp. acct Street By Alderman Maddow An ordinance appropriating the sum Dept. of $206.49 to pay approved accounts Street Dept. The ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Brooker Davis Hume Lowe Maddow Mortimer Nitschke Redd Schneider Shelley Shumate Strumpf Weit 13 Nays None $200. Roller By Alderman Strumpf an ordinance appropriating the sum of bearing axles. $200. for the purpose of placing roller bearing axles on Hook & Ladder Hook & Ladder Truck No 1. The ordinance was read the first time and on motion was referred to the Fire Committee $35. to repair By Alderman Redd an ordinance appropriating the sum paint roof of $35. for the purpose of repainting and painting roof of the City Hall City Hall The ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Brooker Davis Hume Lowe Maddow Mortimer Nitschke Redd Schneider Shelley Shumate Strumpf Weit 13 Nays None Alderman Maddow offered the following resolution which was read and adopted Mayor to finance Be it resolved by the City Council of the City of Austin! bonds to advertise That the Mayor and Finance Committee be and they are hereby for and sell bonds directed to take such steps as they may deem advisable, looking finance of Water & Light to the purchase of bonds for the Sinking Fund of the Water & Lightand funding bonds. Funding bonds. and to the Sinking Fund of future Funding bonds, and report their action with due information furnished to next regular meeting of the Council $100. to grade By Alderman Nitschke An ordinance appropriating the sum Colorado Street of $100. for the purpose of graveling Colorado Street between Brazos & San Antonio Streets. The ordinance was read the first time and on motion was referred to the Street Committee Boundaries By Alderman Maddow An ordinance regulating boundaries within regulations there. in the City of Austin and giving penalties for the violation of the in prescribed. regulations there in prescribed. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brooker Davis Hume Lowe Maddow Mortimer Nitschke Redd Schneider Shelley Shumate Strumpf and Weit 13 Nays None By Alderman Maddow An ordinance appropriating the sum of $95. for the purpose of purchasing a typewriting machine for the Marshal & City Clerk office. The ordinance was read the first time and on motion was referred to the Marshal Committee --- Page break --- 527. By Alderman Davis an Ordinance ap- propriating the Sum of $200. for the purpose of improving east 4th street The ordinance was read the first time and a motion made to suspend the rule and place it on its second reading which Motion was lost by the following Vote Yeas Aldermen Crooker Davis Low Mortimen Witscke Reed Shumate and Welch 8 Nays Aldermen Hune Maddox Schneider Shelley & Stumff 5 Alderman Stumff moved to reconsider the Vote by which the report of the special Committee on the Communication of Judge Von Rosenberg, was adopted, which motion prevailed and the motion to Communication was re-referred to the Committee Alderman Maddox moved to reconsider the Vote by which the Council refused to suspend the rule and place the ordinance appropriating the sum of $200. for street work on E. 4th street, on its second reading, which Motion prevailed. The ordinance was then passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker Davis Low Maddox Mortimen Witschke Reed Schneider Shelley Shumate & Welch 11 Nays Aldermen Hune & Stumff 2 Alderman Davis moved to reconsider the Vote by which an Ordinance appropriating the sum of $300. for certain street work in the 5th ward, was referred to the Street Committee, which motion prevailed The ordinance was then passed under a Suspension of the rule by the following Vote Yeas Aldermen Crooker Davis Hune Low Maddox Mortimen Witschke Reed Shelley Shumate Stumff & Welch 12 Nays Alderman Schneider 1 Alderman Shelley moved to reconsider the Vote by which an Ordinance appropriating the sum of $100. to gravel Colorado Street between 3rd & 4th Streets, was referred to the Street Committee which motion prevailed and the ordinance passed under a suspension of the rule by the following Vote Yeas Aldermen Crooker Davis Low Maddox Mortimen Witschke Reed Schneider Shelley Shumate Stumff & Welch 12 Nays Alderman Hune Alderman Schneider moved to reconsider the Vote by which the Council refused the ordinance appropriating $30. to purchase trash boxes for the Cemetery, to the Cemetery Committee which Motion prevailed and the ordinance passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker Davis Low Mortimen Witschke Reed Schneider Shelley Shumate & Welch 10 Nays Aldermen Hune Maddox & Shumate 3 Alderman Maddox offered the following resolution which was read and adopted Be it resolved by the City Council that the City Attorney be and --- Page break --- 528 City atty to him is hereby directed an ordinance in the City to open upon Death Springs fromed by the City Death Springs from City Cemetery and Babea dote. By Alderman Shnuff $1000. to pay for the purpose of expense of from appointed to Confer to ascertain of the City. The ordinance about by the following vote Yeas Alderman Nitschke Redd Schmieder Nays None Judge Calhorn wires in Colorado subject of wires Shumate Committee Confer with Com. Count. in Bridge matters The Mayor of appointed. Shumate as the Committee On motion the Council adjourned Jno. O. Johnson City Clerk ed to look into the advisability and right of for sale for buying purposes the 2½ acres of land in the N.W. Corner of the enclosure around the report an ordinance to place same on sale if done. Shnuff ordinance appropriating the sum of $1000paying traveling expenses. of special Committee to confer with the purchasers of Water and Light bonds was passed upon suspension of the rules Brodien Davis Humes Lowe Maxey Mortimer Shelley Shnuff & Ulbricht 13 On motion Judge Geo Calhorn County Judge was invited to address the Council of the on the bridge across the Colorado River moved that a Committee of three be appointed to Confer with the County Commissioners Court of Travis County and to make such suggestions regarding the wires on the old bridge and the placing of others thereon as they may deem for the best interest of the City - which motion prevailed. Alderman Schmieder Nitschke and