Regular meeting of the City Council Austin Texas, March 17, 1902 Hon W. D. Shelley President of the Council presiding. Roll Called Present Aldermen Brooker, Davis, Low, Maddox, Mortimer Nitschke, Redd, Schneider, Shelley, Shumate, Strumpp, & Ulit – 13. On motion of Alderman Brooker the minutes were approved as recorded by the clerk without reading. Petitions, Memorials etc By Alderman Redd Petitions of Citizens on the south side of the Barton Creek river, asking that the road known as the Bartons spring, and River road, which has been recently fenced up, be opened. The petition was read. Alderman Maddox moved to refer same to the Street Committee which motion was lost. Alderman Schneider moved to refer to a Special Committee of three which was lost. Alderman Redd, moved that the petition be granted which motion prevailed. Mrs. A. B. Barnhart – By Alderman Mortimer Petition of Mrs A. B. Barnhart, asking Pound fees that certain pound fees paid by her be refunded. Read and on motion referred to the Committee on claims & accounts B. of School Trus- By the Chair Petition of the Board of School Trustees, asking the Council election school to order an election, submitting to the people a proposition to increase tax the amount of tax levy for Public Schools to 50 ¢ on the $100. Valuation. The petition was read and on motion was laid over to come up with an ordinance on the subject Citizens By the Chair Petition of Citizens asking that an investigation be made south of Lunatic as to conditions existing south of the Lunatic Asylum grounds asylum grounds and steps taken to improve same. Read and on motion referred to the Sanitary Committee H Clausen By the Chair. Petition of H. Clausen, asking that certain pound pound fees fees paid by him be refunded. Read and on motion referred to the claims & accounts Committee Merchants to By the Chair Petitions of Merchants asking the passage of the sprinklers Street Sprinkling ordinance, now before the Council Read and on motion referred to the Committee having said ordinance before them Felix Davis By Alderman Ulit Petition of Felix Davis, asking to have pound fees certain pound fees paid by him refunded Read and on Motion referred to the Committee on claims & accounts Comm. Reports – Reports of Standing Committees Street Com: of Alderman Nitschke for the Street Committee to whom was Chas. Hanson. referred the proposition of Chas Hanson to change a certain street in the Christian and German addition. presented a report recommending that the proposition be accepted. On motion the report was adopted. Alderman Nitschke for the Street Committee to whom was referred the petition of W. C. Hanson et al to --- Page break --- 630 Change an delay in the Raymond addition, presented a report recommending that the petition be granted under certain conditions. On Motion the report was adopted Alderman Waddell for the Finance Committee to whom was referred the communication of Mr. Emil J. Dom regarding Mr Emil Dom a franchise for an Independent Telephone Co. returned Telephone franchise said communication to the Council for such action as they might see proper to take regarding same. Stating that as nothing further having been heard from the party making the application, they supposed he had abandoned the matter On motion the petition was ordered filed. Finance on Alderman Waddell for the Finance Committee presented the rep mayor following reports, which were read and on motion Treasurer referred to a special Committee to be appointed to destroy the exchange of bonds mentioned in the reports. Mines. To the City Council of the City of Austin: We the Mayor and Treasurer of the City of Austin, hereby report that we have received the following bonds of the City of Austin, together with all coupons appurtenant thereto, maturing on and subsequent to the 1st day of July, 1900, in exchange for bonds to be issued under an Ordinance entitled "An Ordinance to provide for the issue of Refunding Bonds of the City of Austin, for the purpose of refunding its bonded debt, and to provide for the Assessment and Collection of a tax sufficient to pay the interest thereon, and to create an Annual Sinking Fund of two per cent 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 said Ordinance Refunding bonds of the said City of Austin, dated July 1st, 1901, numbered 1359 to 1375, both inclusive, equal in face value or principal amount to the face value or principal amount of the aforesaid Bond received for exchange, amounting, in the aggregate, to Seventeen thousand dollars ($17,000.) face value on Principal amount. We have also, upon such exchange, delivered, in 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, 1900, on the bonds surrendered for exchange and cancellation, the sum of Twelve hundred and Twenty Seven and 50/100 dollars ($1227.50). The Coupons representing such interest having been surrendered and delivered to us. We have also paid, in New York exchange, to the representative of the New York Security and Trust Company, as aforesaid, the sum of Two hundred and fifty five dollars ($255) representing six months interest up to and including January 1st, 1902, on said Seventeen thousand dollars ($17,000) --- Page break --- of new Refunding bonds dated July 1st 1901, issued and delivered in exchange for the bonds so surrendered; Coupons representing such interest on said new Refunding bonds having been detached and cancelled before the delivery of the bonds – said exchange having taken place on the 17th day of March 1902 – The aforesaid bonds so delivered for exchange and cancellation, are as follows; Eleven 5% Water and Light bonds, series of 1890, of $1.000. each, numbered as follows; 26, 47, 401, 479, 485 and 1307 and Six 6% Water and Light bonds series “B” issue of 1895, of $1,000. each, numbered as follows; 22, 23, 82, 127, 199 and 200. We further report that we have cancelled the aforesaid bonds and the Coupons thereto belonging, so surrendered for exchange 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, Texas, March 17th 1902. (Signed) R.A. Lytle – Mayor (Signed) H.P. Hilliard – Treasurer (Signed) G.W. Madoon Chairman Finance Committee Austin, Texas, March 17th 1902. To the City Council of the City of Austin. We the Mayor and Treasurer and Finance Committee of the City of Austin, beg leave to report that we have received the following described bonds of the City of Austin, together with all coupons appurtenant thereto, maturing on and subsequent to the 1st day of July 1901 in exchange for bonds to be issued under an ordinance entitled: “An Ordinance to provide for the issue of Refunding bonds of the City of Austin, for the purpose of refunding its bonded debt, and to provide for the Assessment and Collection of a tax sufficient to pay the interest thereon, and to create an annual sinking fund of Two per cent. 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 the City of Austin, dated July 1st, 1901, and numbered 1265 to 1358 inclusive and 1876 to 1881 inclusive, of $500.00 each and Nos 39 to 66 each inclusive of $1000.00 each equal in face Value on Principal Amount to the face Value on principal Amount of the hereinafter named bonds received for exchange, amounting in the aggregate, to One hundred and fourteen thousand dollars ($114,000.00) face Value in principal amount. We have also upon such exchange paid in Warrants upon the City Treasurer in favor of the parties who presented the bonds for exchange in payment of overdue and unpaid interest up to July 1st, 1901, on the bonds surrendered for exchange and Cancellation. The sum of Six thousand Six hundred and eighty - dollars, ($6680.00) the Coupons representing such interest having been surrendered and delivered to us --- Page break --- #632 We have also found in the same manner to the representatives of the owners of the said bonds, as aforesaid, the sum of Seventeen Hundred and Ten dollars ($1710.00) representing Six months interest at three per cent per annum up to and including Jan 1st 1902 on said bonds ($114,000.00) from new refunding bonds dated July 1st 1901 issued and exchanged for the bonds so surrendered. Coupons representing such interest on said new refunding bonds having been detached and Cancelled by us before the delivery of the bonds. Said exchange having taken place on the following dates Viz Feb 6th, 14th, 15th and 27th, and March 5th and 17th 1902 The bonds delivered for exchange and Cancellation, are as fol: Viz Nos 345, 347, 403 to 458 both inclusive, 486 to 500 both inclusive 503, 508 535, 549, 777, 922, 952 to 956 both inclusive 1115, 1116, 1147, 1156, 1213, 1236 1237 and 1239 being $92,000.00 of bonds Known as 5% water and light bonds. And Nos 20, 21, 74, 75, 76, 77, 78 and 130 being $8,000.00 Known as 6% Water And light bonds, Series "B", Nos 5 to 12 inclusive, Nos 78 to 87 inclusive and Nos 90 to 99 inclusive being $14,000.00 Known as 6% funding bonds We further report that we have cancelled the aforesaid bonds and the Coupons thereto belonging, or surrendered for exchange, by Mutilating the signatures thereto; and said bonds and Coupons are herewith delivered to the City Council to be destroyed in its presence. Respectfully submitted this March 17th A.D. 1902 A.E. White R.D. Hilliard Roy T. Waggon Treasurer Com. apptd to Alderman Maddox moved that a Committee of three be destroy Bonds. appointed to Verify the reports of the Mayor, Treasurer and Chairman of the Finance Committee as to bonds ex changed and Coupons paid, and if found Correct to destroy said bonds and Coupons which were so exchanged, and that their aproved. Alderman Morten & Croker Lowe as such Committee. Fin. Com. to Alderman Maddox for the Finance Committee to whom officers was referred the reports of the Assessor & Collector, the Treasurer and the Clerk for the months of Jany & Feby 1902, presented a report, stating that they had examined same and found them Correct. On motion the report was adopted. Police Com. was Alderman Pruitt for the Police Committee to whom was report referred the reports of the Marshall, for the months of Sept, Oct, Nov 1901, presented a report, stating that they had Carefully examined same and found them Correct. On Motion the report was adopted. Commission On motion Alderman Hines was excused from further Attendance at this session of the Council. Alderman Lowe for the Claims and accounts Committee to whom was referred the following petitions, presented a report recommending that the petitions be not granted. Viz. Mrs. H.A. Book to reduce assessment D.S. Harris to refund ground fees M & Evans " u --- Page break --- 633 Lawrence Smith to refund pro-rated fees Mrs a B Harrall " " " Laura Bain " " " Isaac Bledsoe " " " Jno Melbowen " " " F. P. Campbell " " " J R Young " " " W A Oglesby " " " Coal on On motion the report of the Committee was adopted pet- On the petition of S. B Alley for rent of ground on which to bury dead Animals the Committee recommend that run Alley be paid $100 for head for each animal buried on his premises including iron-pens. The report was adopted Purchasing Alderman Shumate for the purchasing Committee presented a Lumber. report stating that they had asked for, and received bids, for furnishing the City with lumber for 6 months and recommending that the bid of the Calcasieu lumber Co be accepted. On motion the report and recommendation were adopted ord on Vehicles Alderman Stumpf for the ordinance Committee to whom was referred an Ordinance regulating the driving of Vehicles on the streets of the City presented a report and substitute for said Ordinance, and recommended the adoption of the substitute On motion the report with the substitute were laid over to come up under the head of unfinished business New business Ord-ance By Alderman Crooke an Ordinance ordering an election on School to obtain the consent of two thirds of the property for paying election Voters of the City to the levy of an additional School tax of not exceeding six thousand and two thirds cents on each One hundred dollars worth of property subject to Taxation, the proceeds to be used to support the Public Free Schools of the City The Ordinance was read the first time Alderman Crooken moved that the new Jefferson Johnson President of the School Board be invited to address the Council, which motion prevailed After remarks by Wm Johnson Alderman Crooken moved that the rule be suspended and the ordinance placed upon its second reading, which motion was lost by the following VoteYeas Aldermen Crooken Davis Low Maddox Mortimer Reddish Shelby Shumate and Stumpf – 9 Nays Aldermen Nitschke Schneidau Welch – 3 Alderman Nitschke moved that the ordinance be referred to a special Committee of 5, which motion was lost By Alderman Sulley an Ordinance Amending Section One of an ordinance entitled "An Ordinance Amending Articles 1917, 1917 a Title 5 Chapter 4 of the revised Civil et c. – [illegible] of the City of Austin etc." --- Page break --- 634 Ord. Passed. The Ordinance on motion — was passed under suspension of the rules by the following Vote Yeas Alderman Crooken Davis Low Maddas Mortimer Redd Schneider Shelley Shumate Stumpf Welch 12 Nays None. Redemption. By Alderman Maddas An Ordinance to permit owners of real estate purchased by the City at foreclosure sale to redeem the same at any time within ninety days from the taking effect of this Ordinance The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Crooken Davis Low Maddas Mortimer Mitouchke Redd Schneider Shelley Shumate Stumpf Welch 12 Nays None $250. to re. By Alderman Crooken An Ordinance appropriating the Washington sum of $250. to repair Wagon of Washington Hose Co No 1. Wagon The Ordinance was read the first time and on motion of Alderman Schneider was referred to the fire Committee $280. to remove By Alderman Crooken An Ordinance appropriating the sum 16th St. Culvert of $280. to remove Culvert on 16th street. The Ordinance was read the first time and on motion was referred to the street Committee and City Attorney Pay Sal. officers By Alderman Maddas An Ordinance appropriating & employees the sum of $29.750° for the purpose of paying the salaries of officers and employees of the City from March 1st to Dec 31st 1902. The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Crooken Davis Low Maddas Mortimer Mitouchke Redd Schneider Shelley Shumate Stumpf Welch 12 Nays None. Sanitary employees By Alderman Maddas An Ordinance appropriating the Sal. of. sum of $250.00 for the purpose of paying the salaries by Employees of the Sanitary Dept from March 1st to Dec 31st 1902 The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Crooken Davis Low Maddas Mortimer Mitouchke Redd Schneider Shelley Shumate Stumpf Welch 12 Nays None Sal. drivers. By Alderman Maddas An Ordinance appropriating the sum of $1200° for the purpose of paying the salaries of drivers of street sweeping from March 1st to Dec 31st 1902. The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Crooken Davis Low Maddas Mortimer Mitouchke Redd Schneider Shelley Shumate Stumpf Welch Nays None. By Alderman Mitouchke An Ordinance appropriating --- Page break --- 635 applied ape. the sum of $. 79.24 for the purpose of paying approved accounts St-dept. Street Dept. The Ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Brooken Davis Low Maddos Mortimer Nitschke Redd Schneider Shelley Shumate Stumph Reid – 12 Nays none. applied in. By Alderman Waddos An Ordinance appropriating the sum of $266.75 &pay approved accounts The ordinance was read the first time and a motion made to suspend the rule and pass the ordinance on its second reading which motion prevailed by the following vote Yeas Aldermen Brooken Davis Low Maddos Mortimer Nitschke Redd Schneider Shelley Shumate Stumph Reid – 12 Nays none. The ordinance was read the second time Alderman Schneider moved to amend the ordinance by adding "& A. Brukin for meals for City prisoners $41.27” The amendment was adopted Alderman Schneider moved to further amend the ordinance by adding, “to pay the salary of J.H. Mallory as special policeman for the month of Feby. 1902. $60.” Alderman Nitschke moved that the amendment lie over until the next meeting of the Council which motion was lost by the following vote Yeas Aldermen Davis Low Waddos Nitschke Redd Reid – 6 Nays Aldermen Brooken Mortimer Schneider Shelley Shumate Reid Stumph – 6 The amendment was adopted by the following vote Yeas Aldermen Brooken Davis Low Mortimer Redd Schneider Shelley Shumate Stumph – 9 Nays Alderman Waddos Nitschke Reid – 3 The Ordinance as amended was then passed under suspension of the rule by the following vote Yeas Aldermen Brooken Davis Low Waddos Mortimer Nitschke Redd Schneider Shelley Shumate Stumph Reid – 12 Nays none. Resolution By Alderman Waddos resolution ratifying and confirming the confirming action of the Treasurer in paying warrants drawn by the Mayor action Treas and Clerk against the accounts of the interest and sinking fund paying S.F. of the refunding bonds of the City” out of the proceeds of the “Interest and sinking fund of the Bonds in indebtedness of the City” and authorizing and directing him to continue to pay such warrants when so drawn. The resolution was adopted By Alderman Waddos resolution approving the disposition action of the of the Ill. Com. Treasurer and confirming the Ill. Commitee Com. action in receiving the “Interest and sinking fund Accounts. accounts of outstanding bonds --- Page break --- 636 Excchange of rules The resolution was passed under suspension of the rules by the ratified following vote Yeas Aldermen Brooken Davis Low Meaddas Mortimer Titsche 12 Redd Schneider Shelley Shumate Stumpf & Welch Nays None Alderman Redd offered the following resolution which was read and adopted Marshal Be it resolved by the City Council of the City of Austin that the directed to have City Marshal be and is hereby directed to at once remove obstructions all obstructions which have been placed across the Barbers Spring removed on and River Road and to open said highway to the travel. Willow St Alderman Titsche offered the following resolution which was read and adopted Be it resolved by the City Council of the City of Austin; That the City Marshal be and is hereby instructed to notify the owner of an itinerant house placed on Willow Street south of Block No 181, without permission, to remove said house within five days. and if not so removed within that time, to make charges against the owner for violating the City Ordinance regarding same. School tax Alderman Titsche moved to reconsider the vote by which ordinance the Council refused to suspend the rule and place on its passed second reading an ordinance ordering an election to obtain the consent of two-thirds of the property tax-paying voters to an increase of the School tax to 50 cts in each one hundred dollars worth of property subject to taxation by the City, which motion prevailed. Alderman Mortimer moved to suspend the rule and place the ordinance on its second reading, which motion prevailed by the following vote Yeas Aldermen Brooken Davis Low Meaddas Mortimer // Titsche Redd Shelley Shumate Stumpf & Welch Nays Alderman Schneider / The ordinance was read the second time. Alderman Titsche moved to fill the first blank by inserting "22nd day of April 1902" (thus ordering the election for that date) which motion prevailed. The blanks for the places of holding the election in the differentwards and the names of judges in each ward were then inserted by the Aldermen for the different wards and the ordinance as amended passed under suspension of the rule by the following vote Yeas Aldermen Brooken Davis Low Meaddas Mortimer Titsche // Redd Shelley Shumate Stumpf & Welch Nays Alderman Schneider / The City Atty gave the Council a communication from Harris L. A. Folley, attorney, representing the Citizens of the City of Austin, and accepting said communication, which was read. --- Page break --- Alderman Shumate moved that the Mayor be authorized to appoint a Committee Consisting of 5 members of the Board of Aldermen and 5 Citizens to review Alderman Ashley upon the occasion of his visit to this City, which motion prevailed On motion the regular order of business was suspended and the Council reverted to the head of unfinished business The chair laid before the Council the proposition of Ashby & James together with the resolution authorizing the Mayor to Enter into Contract with the said James to Collect Certain backtaxes Also the report of the Special Committee on said proposition and resolution The report of the Committee was read Alderman Schneider moved to recommit the report, together with the proposition and resolution, to the Special Committee of the City Attorney On motion Alderman Stumpp was excused from further attendance at this Session of the Council On motion the proposition of Ashby & James to collect Certain back taxes, was referred to the City Attorney to draw up and submit to the Council at this session a new Ordinance and Contract. Covering the whole matter. The Special Committee appointed to verify the report of the Mayor, Treasurer and Chairman of the Finance Committee regarding the exchange of bonds and the payment of interest on which bonds, and if found Correct to destroy the bonds and Coupons received in exchange and paid - presented the following report which was read and adopted To the Hon Mayor and City Council of the City of Austin We your Committee appointed to verify and certify bonds numbered and listed as per ordinance resolution beg leave to report that said instructions have been carried out and said bonds destroyed by burning in the presence of the City Council of Austin Respectfully, C. C. Mortimen L. M. Croohen Thos. Lord On motion Consideration of the ordinance regulating the driving of Vehicles, etc., in the City of Austin was postponed until the next regular meeting of the Council The chair laid before the Council an ordinance authorizing and instructing the Mayor of the City to employ Ashby & James as the Agent and Attorney, of the City of Austin For the purpose of Causing the Assessment and Collection of Certain taxes, due said City. The ordinance was read the first time, and on motion the rule was suspended and the ordinance passed on to second reading on the following vote. --- Page break --- 638. Yeas Aldermen Crooker Davis Low Maddox Mortimer Milochke Redd Schneider Shelley Shumate Welich 11 Nays none. G. W. Scanes The Ordinance was read the Second Time passed. Alderman Schneider moved to amend the ordinance by striking out in Section 2 thereof the figures "25" and inserting in lieu thereof the figures "10", thus making his Compensation 10% of the Amount Collected by him The Amendment was adopted and the ordinance as Amended was passed by the following vote Yeas Aldermen Crooker Davis Low Maddox Mortimer Milochke Redd Schneider Shelley Shumate Welich 11 Nays none. On Motion the Council adjourned Jas. C. Johnson City Clerk