564 Called meeting of the City Council Austin Texas Sept 26th 1901 Hon R.E. White, mayor presiding Roll called Present Aldermen Brocken Davis Gillis Low Maddax Mortimer Redd Schneider Shelley Shumate Stumpf & Weih Absent Aldermen Hume and Nitschke 2 The following Call of the Council was read Austin Texas Sept 26th 1901 A special meeting of the City Council of the City of Austin, is hereby Called to Convene in the Council Chamber at the City Hall in said City at 8 o’clock P.M. this the 26th day of Sept A.D. 1901, for the purpose of Considering a resolution Authorizing the purchase of the plant and property of the Austin Water, Light & Power Company, and authorizing also the adjustment of Certain other differences at present existing between said Company and the City, and to take such action with reference to said resolution as the Council may seem proper. R.E. White Mayor Wm Maddax 2nd Ward H.D. Shelley J.P. Schneider W.B. Davis Theodore Low T.C. Redd P.A. Mortimer Wm Weih J.W. Shumate J.L. Hume I hereby Certify that the following named Aldermen have been served with the above Call by having it read to them in person. R.E. White Mayor H.D. Shelley J.P. Schneider W.B. Davis Theo Low T.C. Redd P.A. Mortimer Wm Weih J.W. Shumate J.L. Hume L.M. Brocken A copy of the Call was left at Alderman Nitschke's residence he being out of the City H. Montgomery City Marshal Alderman Maddax addressed the Council stating the Nature of the proposition which had been made by the Mayor and Certain Aldermen looking to the purchase of the plant of the old water Company. On Motion Judge O.M. Doom was invited to address the Council. After remarks by Judge Doom, Judge Cochran when invited addressed the Council Alderman Davis moved that the Council adjourn which --- Page break --- motion was lost by the following Vote Yeas Aldermen Davis Low Schreiber Stumpf + Weil - 5 Nays Aldermen Crooken Gillis Maddox Mortimer Redd 7 Alderman [illegible] Resolution is Be it resolved by the City Council of the City of Austin: purchase sec. Section 1. That the purchase of the plant of the Austin Water, Lightwater Po - and Power Company of the City of Austin, and the adjustment of differences now present existing between the City and said Company, are hereby authorized to be made on the following basis, Viz: 1. The plant of the Austin Water, Light & Power Company consisting of all its property and rights of every character whatsoever, except open accounts, claims and judgments for Water, Light or Power furnished, and the books and office furniture of said Company to be sold, conveyed and delivered to the City of Austin, free of all incumbrances, for and in consideration of the discharge of the claims mentioned in subdivisions two and three hereof under the conditions therein specified and of the payment of the sum of $175.000.00 and an additional sum equal to the City Taxes payable by said Company (and including the taxes for the year 1901 (and 1902, if any,) said additional sum to be paid at the time of the transfer of the property, and the remainder to be paid by the City in annual payments of $25.000: said purchase money to bear interest at 3 per cent per annum from October 1st 1901. 2. Judgments already obtained by the Austin Water, Light & Power Company against the City on account of water alleged to have been furnished the City by the Company, to abide the result of pending litigation; and if such result be adverse to the City, to be paid in annual installments of $25.000. 3. Claims against the City for Water alleged to have been furnished the City since January 1st 1901 and not yet reduced to judgment to abide the final result of judgments already obtained; and, if such result be adverse to the City, to be paid as provided in subdivision two hereof with reference to judgments. No claim for hydrant rentals after October 1st 1901 to be made by the Company. 4. Nothing in this proposition shall be construed as obligating the City to pay during any one year more than $25.000 on the total sum due or which may become due hereunder, including money due on account of the purchase price of plant, judgements and claims mentioned in subdivision three hereof; but the City shall have the option and privilege of paying at any time such additional amounts on the debt as it may desire. 5. If the City should by the final result of pending litigation, become liable to pay the judgments and claims mentioned in subdivisions two and three hereof. The annual payments of $25.000 to be made under this proposition shall be applied (a) to the extinguishment of interest due on the whole sum payable under this proposition, (b) to the extinguishment of --- Page break --- 566 the principal of judgements and claims mentioned in Subdivisions two and three hereof, and (c) the extinguishment of purchase money due for the plant. 6. All garnishment suits instituted against debtors of the City by the City Water and Light Commission, by the receiver of the Austin Water, Light & Power Company to be dismissed at plaintiffs cost. 7. All payment of money which may become due under this agreement to be secured by judgement of the federal Court, pledge of the general revenue of the City, to the extent permitted by Charter or by both methods, as Counsel for the Company may desire: and the plant to be cleared of encumbrance on April 1st 1902 simultaneously with the first annual cash fragment of $25.000. to be made hereunder. 8. All City Taxes payable by said Austin Water, Light & Power Company, (including Taxes for 1901, and 1902, if any) are to be paid at the time of the transfer of the property. Sec 2. That the Council hereby pledges itself to enact such ordinance or ordinances and generally to take such appropriate Corporate action as may be necessary to render effective the purchase of said plant and the adjustment of said differences on the basis above stated; and the Mayor and City Attorney are hereby Authorized and instructed to execute on behalf of the City of Austin a contract for said purchase and adjustment on such basis. On motion Alderman Shumatte was excused from further attendance at this session of the Council. Alderman Brooks. Attendance at the Council, after which City Attorney Brooks addressed them. Alderman Grant offered the following resolution. Resolution of By the Mayor and City Council of Austin Thanks to Resolved: That whereas the Speaker of the House of Representatives Speaker Criner of the twenty seventh session of the Legislature of Texas Cast the & Leg. Vote by which a liberal appropriation was made by the Legislature to Construct a dormitory for the occupancy and convenience of the female Students of the University of Texas by which that Sex has been granted equal educational facilities with the male Students, that the Mayor and CityCouncil desire to express and do hereby express their admiration for the broad and liberal policy exercised by the Hon Speaker Criner as manifested in the vote so cast for the said appropriation and also that the Mayor and City-Council especially on behalf of the Citizens of Austin and more generally of the people of the State of Texas also express their gratitude to the Said Speaker for the benefits assured to the Young women pursuing on the University for the Said Vote marking him as a bold and forward minded Statesman undeterred by false ideas of economy of his duties in the performance and we cheerfully --- Page break --- speed him on to even higher places in State and National Government Resolved also that we desire to express to the Hon. Ed Moore Member of the House of Representatives of the twenty-seventh Session of the Texas Legislature from the County of Travis our gratitude and Confidence in him for supporting and voting for the aforesaid appropriation and that we recognize in him a leader of the House of Representatives on whom Travis County and the State of Texas can be proud Resolved, That a copy of these resolutions be spread upon the records of the proceedings of the City Council of Austin, that they be published in the papers of the State and that a copy be presented to the Representatives named in these resolutions. Res Amended. Alderman Schneider moved to amend the resolution by striking out that portion with reference to the Hon. Ed. Moore, for the reason that he was being one of the Representatives from this County, had only done his duty to his Constituents. The Amendment was adopted by the following Vote Yeas Alderman Davis Gillis Low Martin Schneider Veil - 6 Nays Alderman Brooken Madden Redd Shelley Shruff - 5 The resolution as amended was then adopted On Motion of Alderman Madden the Council adjourned until 8 o'clock P.M. Friday Sept 27th 1907 Jos O Johnson City Clerk --- Page break --- 568 Adjourned Called Meeting of the City Council Austin, Texas Sept 27" 1901 Hon R. E. White - Mayor presiding Roll Called Present Aldermen Crooker, Davis, Gillis, Huey, Lord, Maddar Redd, Schneider, Shelley, Shurrute, Strussiff, Weish. 12 Absent Alderman Mortimer & Nitschke 2 Resolution to The Mayor laid before the Council the resolution authorizing purchase of the purchase of the Plant of the old Water Company old Water The resolution was read the second time. Plant Alderman Maddar offered the following resolution which was read and adopted Resolution Whereas, the public has been invited to attend this meeting involving discussion of the Council and to express its views on the question of great public importance; And, Whereas, Various citizens are here present in response to said invitation; And, Whereas, it is desirable that fairness and good order should be observed in said discussion: Now, therefore, be it resolved by the City Council that each side be invited to send up to the presiding officer of this body, a list of persons desiring to speak for such side, in the order desired for the speeches, and that the presiding officer be directed to call off a name from each list alternately, and invite the person named to address the Council until all persons desiring to speak have spoken, beginning with the first name on the list of those advocating the affirmative of the proposition under discussion. Mr. H. L. Haynes Alderman Strussiff presented a communication from Comm H. L. Haynes, Mr. H. L. Haynes, against the proposition to purchase the plant against purchase of the Austin Water, Light & Power Company; which was read and on motion was laid on the table Alderman Mortimer entered the Council Chamber Under the resolution just adopted the following gentlemen addressing, Council address the Council upon the resolution to purchase the plant for the purchase of the Austin Water, Light & Power Company: In favor of the resolution Messrs A. V. Troopdridge, J. L. Veelen, Walter O. Bell, Geo. Fiegel, R. W. Easthuman, V. L. Brooks, Lewis Hancock. Against the resolution Messrs S. R. Fisher, N. C. Easton, H. B. Cochran On motion the Council adjourned until 8 o'clock P.M. Monday Sept 30th 1901 Jno. C. Johnson City - Clerk --- Page break --- 539 Adjourned called & meeting of the City Council Austin Texas Sept. 30, 1901 Hon R. E. White Mayor Presiding Roll Called Present Aldermen Brooker Davis Gillis Low Maddax Mortimer Nitschke Schneider Shumate Strumpff, Thieler 11 Absent Aldermen Hume Redd Shelley 3 Resolution to The Mayor laid before the Council the Resolution authorizing purchase from Austin Water Light the purchase by the City of the Plant of the Austin Water, Light & Power Company & Power Company. The Resolution was read the third time. Under the resolution adopted Sept. 27, 1901, the following named gentlemen different addressed the Council viz gentlemen Those in favor of the adoption of the resolution were Messrs Shilpe Willson and Mayor White address Council Those opposed to the adoption the resolution were Messrs. Groce. Brady & Judge Goore Pet. of Citizens By Alderman Strumpff - Petition of Citizens asking that the to submit to vote question of the purchase of the Plant of the Austin Water, Light & of people Power Company be submitted to a Vote of the people, before action on same has been Taken by the Council The Petition was read and on motion was ordered filed. Resolution to Alderman Strumpff offered the following resolution submit to vote (Be it resolved by the City Council of the City of Austin, Texas as follows: of people 1 That the proposition now pending before the City Council for the purchase of the Plant of the Austin Water, Light & Power Company be submitted to a Vote of the people at an election to be held for that purpose. 2. That the Ordinance Committee be and they are hereby instructed to prepare an ordinance providing for holding said election.) The resolution was lost by the following Vote Yeas Aldermen Davis Gillis Low Schneider Strumpff 6 Nays Aldermen Brooker Hume Maddax Mortimer Nitschke Redd Shelley Shumate Thieler 9 Resolution to The resolution authorizing the purchase the plant of the water, Light purchase water, Light & Power Power was then passed by the following Vote to be held Yeas Aldermen Brooker Maddax Mortimer Nitschke Redd adopted Shelley Shumate & Thieler 8 Nays Aldermen Davis Gillis Hume Low Schneider Strumpff 6 On motion the Council adjourned. Geo. F. Johnson City Clerk.