Austin Tax Ordinance Vote Challenged
• Tax ordinance vote invalidated: The city attorney ruled that the council's October 22nd vote on the 1901 tax levy was premature because proper procedures weren't followed—the vote happened before the ordinance completed its required third reading.
• Council reconvenes to fix the process: Mayor A.E. White called an emergency meeting on October 24th specifically to reconsider and properly re-vote on the tax ordinance with all procedural rules followed.
• Tax measure passes on second attempt: The ordinance was read a third time and passed 8-5, with aldermen Brooker, Waddox, Mortimer, Nitscheke, Read, Shelley, and Shumate voting in favor, while Davis, Low, Schneider, Stumpf, and Walch opposed.
Full Transcript
582 Called meeting of the City Council Austin Texas, October 24, 1901 Hon A. E. White - Mayor presiding Present Aldermen Brooker Davis, Low Read. Mortimer Nitscheke Redd Schneider Shelley Shumate Stumpf White 12 Absent Aldermen Hume The following Call of the Council was read. Austin, Texas, Oct 23rd 1901 To the Members of the City Council of the City of Austin! A special meeting of the City Council of the City of Austin is Called to Convene in the Council Chamber at the City Hall in Said City at 8 o’clock P.M. on thursday October 24th, 1901, for the purpose of considering an ordinance entitled "An Ordinance levying taxes for the year 1901, and for taking such action thereon as the Council may deem fit and proper." A. E. White - Mayor G. W. Waddox Alderman and Ward J. W. Shumate " 6th " " F. W. Mortimer " 6th " " G. B. Shelley " 3rd " " Austin, Texas, October 24th 1901 I hereby Certify that the foregoing named Aldermen have been served with a Copy of this Call, to each of them in person. G. W. Brooker, J. B. Read, J. B. Nitscheke, J. P. Schneider, H. D. Shelley J. W. Shumate, Joseph Stumpf, H. W. White and a Copy of Same Was left at the office of J. L. Hume he being out of the CityH. W. Ellers - Marshal After the Call was was read, the Mayor stated to the Council that the City Attorney had given it as his opinion that the Vote by which the ordinance levying taxes for the year 1901, was finally passed at the adjourned regular Session of the Council held on Oct 22nd 1901, was prematurely taken for the reason that such a adjourned Session was but a Continuation of the regular Session held on Oct. 21st 1901, and the rules had not been suspended so as to regularly place said ordinance on its third reading before the Vote by which said ordinance was finally passed was had. Alderman Waddox moved to reconsider the vote by which the ordinance levying taxes for the year 1901, was finally passed at the regular adjourned meeting held on Oct22nd 1901 which motion prevailed - The ordinance was then read the third time and passed by the following VoteYeas Aldermen Brooker Waddox Mortimer Nitscheke Read Shelley Shumate and the Mayor
--- Page break ---
583 Nays Aldermen Davis Lora Schneider Stumpp Walch - 5 On motion the Council adjourned. Jas. C. Johnson City Clerk