612 Regular Meeting of the City Council. Austin Texas, Feby 3rd, 1902. R. E. White, Mayor presiding- Roll called Present Aldermen Brewer, Brooker, Davis, Humes, Low, Maddox, Shelley, Shumate and Stumpf. -8Absent Aldermen Mortimer, Nitschke, Redd, Schneider and Ullit. -5On motion the minutes of were approved as re- corded by the Clerk without reading. Petitions, Memorials, etc. Peti. May F. Freeman By the Mayor, petition of Mac Freeman to to erect tent erect tent at # 403 Congress Avenue. in five limits Read and on motion the same was refused. Alderman Schneider entered the Council Chamber. Citizens to By the Mayor, petition of Citizens asking to have remove building buildings between Brazos and San Jacinto street Brazos & San removed it being a nuisance, read and on Jacinto sts motion referred to the Street Committee. By Alderman Schneider, Petition of Austin W. C. T. U. Austin W.C.T.U. asking for water trough, on East 6th Street. water trough read and on motion referred to the Water and Light Commission. Peti. O. J. Aley for By the Mayor, Petition of O. J. Aley asking pay rent of ground for ground on which to bury dead, animals. buried dead animals Read and on motion referred to the Sanitary Committee. Alderman Redd and Ullit entered the Council Chamber. Reports of City Officers Reports City The Mayor laid before the Council the reports of the officers for Jan. City Officers for the month of Jany 1902, Which were, on motion referred to their respective Committees without reading. Reports of Standing Committees Rep. Finance Alderman Maddox for the Finance Committee to whom Comm. on Report was referred the reports of the assessor and Collector City officers the Treasurer and Clerk for the month of Dec/901 presented a report stating that they had examined same and found them correct. The report was adopted. Unfinished business. 3rd reading The Mayor laid before the Council the spillious ordinance, ordinance, which was read the third time and for. passed by the following vote. Yeas Aldermen Brewer, Davis, Humes, Low, Maddox, Shelley, Shumate, Stumpf, and Ullit. 9 Nays. Alderman Redd. 1 --- Page break --- New Business By Alderman Shelley an ordinance appropriating the $81.00 to pay special Police men for the month of July 1902. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen, Crooker, Davis, Henne, Low, Maddox, Redd, Shelley, Shumate, Stumpf and Ullit - 10 Nays - none. Alderman Mortimer entered the Council Chamber. By Alderman Maddox an ordinance appropriating the sum of $41.25 to pay approved accounts Street department. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Crooker, Davis, Henne, Low, Maddox, Mortimer, Redd, Schneider, Shelley, Shumate, Stumpf and Ullit - 12 Nays - none. By Alderman Maddox an ordinance appropriating the sum of $15,000.00 to pay Interest on bondsThe ordinance was passed under suspension of the rules by the following vote:Yeas Aldermen Crooker, Davis, Henne, Low, Maddox Mortimer, Redd, Schneider, Shelley, Shumate, Stumpf and Ullit - 12 Nays - none. By Alderman Maddox an ordinance appropriating the sum of $850.00 to purchase and retire bonds for certain bonds. The ordinance was passed under suspension of the rules by the following vote:Yeas Aldermen Crooker, Davis, Henne, Low, Maddox, Mortimer, Redd, Schneider, Shelley, Shumate, Stumpf & Ullit - 12 Nays - none. By Alderman Maddox an ordinance appropriating the sum of $250.00 for extra street labor and teamsThe ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Crooker, Davis, Henne, Low, Maddox, Mortimer, Redd, Schneider, Shelley, Shumate, Stumpf and Ullit - 12 Nays - none By Alderman Maddox an ordinance appropriating the sum of $561.25 to pay approved accounts The ordinance was passed under suspension of the rule by the following vote: Yeas Aldermen, Crooker, Davis, Henne, Low, Maddox Mortimer, Redd, Schneider, Shelley --- Page break --- 614* Shumate, Stumpf and Ullit- Nays none 12 Alderman Maddox offered the following resolution which was read and adopted, $1000. transferred Be it resolved by the City Council from Int. fund of the City of Austin: That Refunding Bonds the City Treasurer, be and he is hereby to Int. fund of directed to transfer from the Interest and Sinking fund bonds. of the Refunding bonds of the City to the Interest fund on bonds issued prior to May 1st 1890- the sum of one thousand dollars. Alderman Schneider moved to suspend the regular order of business and refer back to reports of Committees which motion prevailed. Report of Special Alderman Davis moved that the Special Committee Comte to destroy appointed Dec 2nd 1901, to destroy certain Water and Light bonds bonds purchased for the sinking fund be instructed to present their report which motion prevailed. The Special Committee presented the following report which was read and adopted. viz:X No- 1334 Water and Electric Light Bonds $1000.00 " 1339 " " 1000.00 " 1344 " " 1000.00 " 1364 " " 1000.00 " 1362 " " 1000.00 " 372 " " 1000.00 If the Committee appointed to destroy above numbered bonds beg leave to report that same have been destroyed by burning in presence of Council and your Committee J. M. Shumate J. Theodor Low H. B. Davis Alderman Schneider for the Fire Committee presented the Report Fire following report, which was read and adopted. Com on Contract Austin, Texas, Feb 20, 1902for construction of To The Hons. R. E. White Mayor and Board of Aldermen Towers of the City of Austin.- Gentlemen:- Your Committee on Fire Department to whom was referred an advertisement for awarding contract for constructing fire drying towers for use of Fire Department beg leave to report: That we have, after duly advertising for bids do recommend that contract be awarded to J. C. Marlow for three hundred and ninety, eight dollars. ($39800) J. C. Schneider, M. O. Reid }Coms. Joseph Stumpf --- Page break --- The regular order of business was resumed. On motion Alderman Shumate was excused from further attendance at this session of the Council. By Alderman Stumpf an ordinance prescribing regulations for the location of express wagons- Hucksters etc. The ordinance was read the first time. Alderman Mortimer moved that it be referred to the Market Committee which motion was lost. Alderman Stumpf moved that it be referred to the Street Committee which motion prevailed. Alderman Madden moved that the Council adjourn until 8 o'clock P.M. Wednesday Feby 5th 1902. which motion prevailed. City Clerk. --- Page break --- Adjourned Regular Meeting of the City Council Austin, Texas Feby 5th 1902. Hon. R. E. White Mayor presiding. Roll Called. Present Aldermen Brooker, Davis, Low, Maddox, Mortimer, Redd, Shelley, Stumph, and Ullif. – 9 Absent Aldermen Hume, Nitschke, Schneider, Shumate – 4 H & T. C. R. R. By Alderman Maddox An ordinance granting oil tanks the Houston, and Texas Central Railroad Company the right to Construct, maintain and use a steel fuel oil storage tank: And to construct, maintain and operate the necessary pumps, pipe connections, and other appliances for pumping Oil from tank cars to said storage tank, and from said tank to its roundhouse machine shops, and locomotives: to use said fuel oil at its round house and shops: And to construct and operate a spur track adjacent to said oil tank on the City of Austin lands. The ordinance was read the first time and on motion was laid over to come up with a report of the Street Committee on the subject. Alderman Maddox presented the following report which was read and adopted. To the City Council of the City of Austin: – Report of We, the Mayor and Treasurer of the City of Austin, Mayor and hereby report that we have received the following Treasurer bonds of the City of Austin in exchange for Exchange of bonds to be issued under an ordinanced entit$814,000. bonds led “An ordinance to provide for the issuance of Refunding bonds of the City of Austin for the purpose of Refunding its bonded debt; and to pro- vide for the Assessment and Collection of a tax sufficient to pay the interest thereof, and to create an annual sinking fund of two per cent (2%) of the principal thereof. Approved on the 5th day of November, 1901 – And in lieu thereof we have duly issued and delivered in behalf of the City under authority and by virtue of the aforesaid ordinance, Refunding bonds of said City of Austin, dated July 1st 1901, equal in fact value or principal amount to the face value or principal amount of the aforesaid bonds received for exchange, amounting in the aggregate to $ 811,000.00 face value or principal amount, We have also, --- Page break --- 618 upon such exchange, delivered in Cash or New York exchange to the representative of the New York Security and Trust Company, which Company presented the bonds for exchange, in payment of overdue and unpaid interest up to July 1st 1901, on the bonds surrendered for exchange. Said Coupons representing the sum of $4.465.00, the Coupons representing such interest having been surrendered and delivered to us. We have also paid in New York exchange to the New York Security and Trust Company the sum of $12.210.00 representing six months interest up to and including July 1st 1901, on said $814.000,00 of new refunding bonds, dated July 1st 1901 issued and delivered in exchange for the bonds so surrendered, the Coupons representing such interest on such new refunding bonds having been detached and cancelled before the delivery of the bonds, the said exchange having taken place on the 5th day of February 1902. The aforesaid bonds so delivered for exchange and cancellation are as follows:1. Five per cent Water and Light bonds of the City Series of 1890, $1000.00 each numbered as follows:17-29-79-205-206-218-222-224-226-236-241-244-249-250-252-256-260- 326-328-329-331-332339-340-343-344-346-348-358-362-363-370-371-380-402- 455-456-478-501-502-504-507-514-534-536-548-550-560-563-565-574-576-577603-604-607-615-618-638-659-668-726-746-758-778-805-814-902-910- 911-916-920-931-933-935-946-957-958-961-964-1058-1061-1108-11091113-1114-1120-1123-1125-1159-1161-1203-1209-1215-1217-1221-1225-1256-1259-1262- 1264-1284-1302-1305-1325-1373-1374-1384-1398Two per cent Water and Light bonds of the Series of 1895 - $1000.00 each numbered as follows: - 19-21-33-49-73-77-87- 98-129-134-141-143-154-155-163-169-175-181-189Two per cent refunding Bonds of the Series of 1895 - $500.00 each numbered as follows: - 4-10-30-33- 54-71-100-122-123- We further report that we have received on said exchange, all coupons due on the above described bonds up to and including those which fell due on July 1st 1901, as well as all others Coupons due or to become due since that date on said described bonds. We have also detached from the new re funding bonds, this day issued in exchange for said above described bonds the Coupons, un matured on January 1st 1902 and prior bonds, so issued in exchange bearing Nov 1st 1904 --- Page break --- 619 both numbers inclusive of Austin City Refunding bonds of 1902, and the Coupons detached from said new bonds being Coupon No.1 attached to each of said bonds, which Coupons are for the face amount of $13.50 each. We further report that we have cancelled the aforesaid bonds by mutilating the signatures thereto and said bonds and Coupons are herewith delivered to the City Council, to be destroyed in its presence - Dated Austin February 5th 1902. Signed R. C. White Mayor H. C. Hilliard Treasurer J. L. Brooke F. M. Maddox Alderman Shelley moved that a Committee of Com. to destroy three be appointed to examine and destroy the bonds bonds and Coupons described in the report of the Mayor and City Treasurer, which motion prevailed, and the Mayor appointed Aldermen Lego, Shelley and Mortiman, as such Committee. The Mayor announced that the Council would be at recess until the Special Committee was ready to report. During the recess Aldermen Hume and Shumate entered the Council Chamber. Council called to order. The Special Committee appointed to examine and destroy bonds and Coupons presented the following report which was read and adopted - Austin, Texas, Feby. 5th 1902 To the Honorable, the Mayor and City Council of the City of Austin:Bond Report We your Special Committee appointed to Examine and destroy certain bonds and Coupons of the City described in the report of the Mayor and City Treasurer this day submitted, have examined said bonds and Coupons and find that said report correctly described same. We also beg to report that all of said bonds and Coupons have by us been destroyed in the presence of the Council by burning same - Respectfully H. S. Shelley Theo. M. Lowe P. M. Mortiman --- Page break --- Alderman Maddox offered the following resolution and ordinance. "Whereas, the Mayor and Treasurer of the City have reported to the Council that $814,000.00 par value, or principal amount of outstanding bonds of the City have been surrendered for cancellation and exchange for new re-funding bonds, and Whereas, such exchange has been effected, and $814,000.00 par value or principal amount of the new re-funding bonds of the City of Austin, dated July 1st, 1901, have been duly executed, issued and delivered in exchange for the bonds so surrendered for exchange and cancellation, and Whereas, such bonds so surrendered for exchange and cancellation have been duly cancelled, and Whereas, such exchange has been duly effected in all respects in accordance with Art. 896 of the Legislature, amending the Charter of the City of Austin, entitled "An Act to amend Sections 33, 34, 36, 37 and 63 etc., approved September 21st, 1901, and in accordance with the provisions of an ordinance of the City of Austin entitled "An ordinance of the City of Austin, to provide for the issuance of re-funding bonds of the City of Austin," approved November 5th, 1901, and in accordance with the provisions of Articles 918A, 918B, 918C, 918D 918E, 918F, of Sayles' Texas Civil Statutes, found on pages 340 and 341 of Volume 1 thereof, being Sections 45 and 46 of Chapter 64 of the Acts of 1895, as amended by Chapter 13 of the Laws of 1901; Now – Therefore Be it ordained and resolved by the City Council of the City of Austin: That the exchange of $814,000.00 par value of new refunding bonds of the City of Austin for an equal face value of outstanding bonds of the City of Austin, surrendered for cancellation and exchange, as reported by the Mayor and Treasurer of the City of Austin, be in all respects ratified, confirmed and approved; And be it further ordained and resolved, that the execution issue and delivery of said $814,000.00 of Re-funding Bonds of the City of Austin, dated July 1st, 1901, be ratified, confirmed and approved; and be it further ordained and resolved that all proceedings and resolutions relative to such exchange and issue, including the payment of interest upon the Old Bonds accrued or paid up to July 1st, 1901 on the Old Bonds surrendered, issued up to January 1st, 1902 on the New Re-funding Bonds. 620 Ordinance Ratifying action of Mayor and Treasurer in exchanging $814,000. bonds. --- Page break --- 321 issued in him thereof, as reported by the Mayor and Treasurer of the City – be ratified, confirmed and approved; And be it further Ordained and Resolved that the $81400000 of bonds surrendered for exchange and Cancellation and Cancelled, be destroyed in presence of the Council – and for the purpose of destroying such bonds Aldermen Low and Shelley or Mortimer, be hereby appointed the Committee to effect their destruction; and, be it further Ordained and Resolved, that a minute of such destruction thereof be entered on the Records of the Council. The ordinance was passed under suspension of the rules by the following vote:— Yeas Aldermen Crooker, Davis, Hume, Low, Maddox Mortimer, Redd, Shelley, Shumate, Stumpff & Ullit = 11 Nays none. Report of Aldermen Hume for the Street Committee to whom Committee. was referred the ordinance granting the N. N. & C. R.R. Co. and C.R.R. Co. permission to erect oil tank etc Tank. presented a report recommending the passage of the ordinance. By Aldermen Maddox an ordinance granting the N. & C. R. R. Co., authority to erect oil tank etc. The ordinance was passed under suspension of the rules by the following vote:— Yeas Aldermen Crooker, Davis, Hume, Low, Maddox, Mortimer, Redd, Schneider, Shumate, Stumpff, and Ullit = Nays Aldermen Shelley. On motion the Council adjourned City Clerk