656 Regular meeting of the City Council Austin, Texas, May 05, 1902 Hon R.M. White Mayor presiding - Roll Called Present Aldermen Crooker, Davis, Hanna, Low, Maddox, Mortimer Redd, Schneider, Shelley, Shumate, & Thrumuff. Absent Aldermen Mitschke, MehlOn motion of Alderman Schneider, the minutes were approved as recorded by the Clerk, without reading. Petitions, memorials &c Petition of Ald. Cowen asking the Council to reverse the assessment to the Council on motion referred to the Board of Equalization. Read and on motion referred to the Committee on claims and accounts, with instructions to report at the next regular meeting of the Council. By the Mayor. Petition of J. Van Roesemaher, asking that certain Street work be done. Read and on motion referred to the Street Committee. By the Mayor. Petition of John Wolf asking that certain Pound fees paid by him be refunded. Read and on motion referred to the Committee on claims and accounts. By Alderman Mortimer. Petition of Citizens, asking that certain Street work be done on Red River Street. The petition was read, and on motion was laid over to come up with an ordinance appropriating money for the purpose, under the head of new business. By Alderman Redd - Petition of Citizens of South Austin, asking that the Pound limits be extended, so as to include certain territory South of the Colorado River and in the 1st Ward. Read and on motion referred to the Police Committee and Alderman Redd. Reports of City Officers. The Mayor laid before the Council the reports of City officers for the Month of April, which were on motion referred to their appropriate Committees without reading, except that of the Matron of the City-County Hospital, which was read and on motion referred to the Hospital Committee. Finance Committee Reports. Alderman Maddox, for the Finance Committee, Durhan was referred to the reports of the City Clerk and City Treasurer for the month of March 1902. Presented a report, stating that they had carefully examined same and found them Correct. On Motion, the report was adopted. Alderman Maddox, for the Finance Committee, presented the following reports which were read and adopted. To the City Council of the City of Austin: We the Mayor and Treasurer of the City do hereby report that we have received the following bonds of the City of --- Page break --- 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, 1900, and in lieu thereof we have duly issued and delivered, in behalf of the City, under the authority and by virtue of the aforesaid ordinance, Refunding bonds of the City of Austin, dated July 1st, 1901, numbered 1446 to 1449 both inclusive, equal in face value in principal amount to the face value on principal amount of the aforesaid bonds received for exchange, amounting in the aggregate to four thousand dollars ($4000.) 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 over due and unpaid interest up to July 1st, 1901, on the bonds surrendered for exchange and cancellation, the sum of two hundred and fifty dollars ($250.) 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 sixty dollars ($60.) representing six months interest up to and including January 1st, 1902, on said four thousand dollars ($4000.) 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 in the day of April 1902. The aforesaid bonds so delivered for exchange and cancellation, are as follows: Four 5% Water and Light bonds, series of 1890, of $1,000.00 each, numbered as follows: 333, 334, 335, and 706. We further report that we have cancelled the aforesaid bonds and the coupons thereto belonging, by surrender 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, April 18th, 1902. R.E. White Mayor H.A. Wiliard Treasurer D.M. Maddas Chairman Finance Committee Austin, Texas, April 25th, 1902. To the City Council of the City of Austin To the Mayor, City Treasurer and Finance Committee of the City of Austin. --- Page break --- 658 beg leave to report that we have received from the following described bonds of the City of Austin, together with all coupons (except Coupon No 40 on Water and Light bond No 1317 due July 1st 1900) appurtenant thereto maturing prior to and subsequent to July 1st 1901, in exchange for bonds to be issued under an ordinance entitled: "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 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 1900, and in lieu thereof we have duly issued and delivered in behalf of the City under the authority and by virtue of the aforesaid ordinance, Refunding bonds of the City of Austin dated July 1st 1901, and numbered 1382 to 1445 both numbers inclusive of $1000.00 each equal in face Value on the principal amount of the herein after named bonds received for exchange, amounting in the aggregate, to sixty four thousand dollars, ($64,000.00) face value on 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 and in payment of over due and unpaid interest up to July 1st 1901, on the bonds presented for exchange and cancellation three thousand nine hundred and eighty seven dollars and fifty cents, ($3987.50) (there are all coupons on said bonds except No 1317 which was due July 1st 1900 on bond No 1317, which coupon was missing) the coupons representing such interest having been surrendered and delivered to us. We have also paid in the same manner to the representatives of the owners of said bonds as aforesaid the sum of Nine hundred and sixty dollars ($960.00) same being six months interest at three per cent per Annum up to January 1st 1902, on said $64,000.00 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 delivered by us before the delivery of the bonds. The bonds delivered for exchange and cancellation are as follows: No 373, 399, 401, 1215 to 1221 inclusive 1226, 1260, 1285, 1288 to 1303 1307 to 1309, 1313, to 1322 inclusive 1326 to 1331 inclusive 1341 to 1343 inclusive 1350 to 1363 inclusive 1365 and 1367 and 1385 to 1388 both inclusive being $64,000.00 of bonds known as 5% Water and Light bonds. We have also received for exchange six per cent Refunding bonds No 88-89 each for $500.00 face Value and exchange in lieu thereof We have paid by warrant on the City Treasurer interest due on said bonds 88-89 to July 1st 1901 and interest on bond 450 to Jan 1st 1902. Fifteen dollars Said bonds 88-89 with all coupons and the coupons paid on the New bonds are here with delivered. We beg further to report that we acting under a resolution of --- Page break --- 660 redeemed and paid, which motion prevailed, and the Mayor appointed Alderman Shelley, Shinwate & Low, Special Committee. The Council then took recess until the special Committee were ready to report. The Council having been called to order, the Special Committee presented the following report, which was read and on motion adopted. Austin, Texas, May 5th, 1902 Special Com To the Honorable, the Mayor and City Council of the City of Austin: to destroy We, Your undersigned Special Committee this day bonds & coupons appointed to examine and destroy certain bonds and coupons heretofore taken up and re-funded by the City, which bonds and coupons are described in reports this day filed and read to the Council and hereto attached, beg leave to report that said bonds and Coupons have been by us examined, found to correspond to the description contained in the above mentioned reports hereto attached, and that all of said bonds and coupons so described have been by us destroyed by burning same in the presence of the Council. Respectfully H.D. Shelley J.W. Shinwate Theodore Low Special Committee The Com. reports The Mayor laid before the Council a report from the Fire Commissioners upon the application of F.J. Beasley & Turner for building for a building permit within the fire limits, recommending permits that the permit be not granted. On motion the report was adopted Unfinished business The Mayor laid before the Council an Ordinance regulating Delinquent Ordi. the driving of Vehicles on the streets and alleys of the City – The ordinance was passed by the following Vote Yeas Alderman Crooken, Davis, Hume, Low, Maddox, Mortimer Redd Johnson Shelley Shinwate & Triumph Nays None. New business Ayes Yeas By Alderman Maddox, An ordinance appropriating the sum of $760.65 for the purpose of paying approved accounts The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken, Davis, Hume, Low, Maddox, Mortimer Redd Johnson Shelley Shinwate & Triumph // Nays None. Alderman Maddox offered the following resolution which was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken, Davis, Hume, Low, Maddox, Mortimer Redd Johnson Shelley Shinwate & Triumph // Nays None. --- Page break --- 661 All concurred in on substance of a resolution to be passed by the City Council in ratification of exchange of bonds. Two thirds of the members elected to the City Council of the City of Austin, Texas, being present, readings in three separate days of the following preamble, resolutions and ordinances were, upon motion, duly made, seconded and carried, dispensed with: Whereas the Mayor, and Treasurer of the City have reported to Bonds. the Council that four thousand dollars ($4000) par Value on Exchange, &c. principal amount of outstanding bonds of the City have been surrendered for cancellation and exchange for new Refunding bonds, to wit: four (4) five per cent (5%) Water and Light Bonds, Series of 1890, of four thousand dollars ($4000) face Value, Numbered 333 334, 335 and 776; and Whereas, such exchange has been effected and four thousand dollars ($4000) par Value on principal amount of the new Refunding bonds of the City of Austin, dated July 1st 1904, to wit: four (4) Refunding bonds of the City of Austin dated July 1st 1904, Numbered 1446 to 1449 inclusive, for one thousand dollars ($1000) each, 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 "an act 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 21, 1901. And in accordance with the provisions of an ordinance of the City of Austin, entitled "An ordinance to provide for the issuance of Refunding bonds of the City of Austin" approved November 5th 1904, and in accordance with the provisions of Articles 918 d, 918 e and 918 f of Sayles' Texas Civil Statutes, found on pages 320 and 321 of Volume 1 thereof, being Sections 45 and 46. of Chapter 6 of the acts of 1893, as amended by Chapter 13 of the Laws of 1901. Now, Therefore, be it Ordained by the City Council of the City of Austin that the exchange of four thousand dollars ($4000) par value of new Refunding bonds of the City of Austin for an equal amount in par 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 four thousand dollars of Refunding bonds of the City of Austin, dated July 1st 1904 for one thousand dollars ($1000) each numbered 1446 to 1449 inclusive be ratified, confirmed and approved; and be it further Ordained and Resolved that all proceedings had relative to --- Page break --- 662. Such exchange and issue, including the payment of Cash on New York exchange for interest accrued up to July, 1st, 1901, on the old bonds surrendered, and up to January 1st, 1902, on the new Refunding bonds issued in lieu 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 aforesaid four thousand dollars ($4000) bonds, surrendered for exchange and Cancellation, and Cancelled, be destroyed in the presence of the Council, and for the purpose of destroying such bonds, Shelley Shumate and Low are 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 minutes of the Council. The foregoing preamble, resolutions and ordinances were, upon motion duly made, seconded and carried, by the unanimous Vote of the Council present, the following entry was directed to be made of the Yea and Nay Vote upon the formal Yeas. 11 Nays. 0 $250. Extra By Alderman Waddell an Ordinance appropriating labor & teams. the sum of $250. for the purpose of paying for extra labor and The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brocken Davis Hume Low Waddell Mortimer Geddes Schneider Shelley Shumate and Shrupp 11 Nays none. $500. Red River By Alderman Mortimer An Ordinance appropriating St. work be done. the sum of $500. for the purpose of repairing Red River Street from 6th to 12th Streets. The ordinance was read the first time And on motion of Alderman Waddell together with the petitions of Citizens asking that said work be done, Was referred to the Street Committee and CityEngineer, with instructions to report on same at the next regular Meeting of the Council. H. & T. R. R. Co. By Alderman Mortimer An Ordinance granting the construction and occupation of Texas Central R. R. Co. the right and permission to Construct a side walk portico over a portion of the side walk in front of Block No 30 on the east side of Congress Avenue adjacent to its passenger Station and to appropriate and use so much of the said sidewalk as may be necessary to erect thirteen pilasters for the support of the said portico, in the City of Austin, Texas, The Ordinance was read the first time, And on motion of Alderman Davis was referred to the Street Committee, CityAttorney and City Engineer with instructions to report on the next regular Meeting of the Council. Alderman Shumate presented the following request: To the Honorable Mayor and Board of Aldermen City of Austin, Texas. Gentlemen: As Chairman of your Special Committee, Alderman. --- Page break --- 663 Street for the purpose of ascertaining if there is any funds available Sprinkling for sprinkling Streets in accordance with a resolution introCommittee duced at a former meeting of the Council, I desire that the authorized to Council will either authorize this Committee on the Streets ask for bids Committee to advertise for bids to sprinkle the streets designated in the resolution, the City furnishing the water, By doing this your Committee could more intelligently proceed to ascertaining if the amount could be found available. It is difficult for us to proceed satisfactorily unless we have this information The Water and Light Commission has agreed to make the City a rate of 1/2 cent per 1000 gals. This concession which amounts to one quarter of the regular rate, will do much towards reducing the cost of sprinkling. Shumate. On Motion the request was granted by the following Vote Yeas Aldermen Erickson Davis Low Meador Mortimer Redd Schneider Shelley Shumate 9 Nays Aldermen Hunerstmph 2 $100 to repair By Alderman Schneider An Ordinance appropriating W. 6th St. the sum of $100. for the purpose of repairing West 6th Street, between Congress Avenue and Lavaca Streets The Ordinance was read the first time and on motion of Alderman Schneider was referred to the Street Committee On Motion the Council adjourned J. W. Johnson City Clerk