Regular meeting of the City Council Austin Texas July 21, 1902 Hon R.S. White Mayor presiding Roll Called Present Aldermen Brooker Davis Hume Low Maddox Mortimer Nitschke Redd Schneider Shumate Stumpff Uhl 12 Absent Alderman Shelley 1 On Motion the Minutes were approved as recorded by the clerk without reading Petitions, Memorials etc Sam Harlan By the Mayor Petition of Sam Harlan forst Public Building and for St. Roller grounds, for the State, asking the loan of the City's Steam Roller for a period of twelve days. On Motion the petition was granted. Reports of Standing Committees Alderman Uhl for the Cemetery Committee to whom was referred the report of the City Sextons for the month of June 1902, presented a report stating that they had examined same and found it correct. The report of the Committee was adopted. Report, Alderman Shumate for the Purchasing Committee to whom Purchasing, presented a report stating that they had advertised for and Committee received bids for furnishing the City with certain Supplies, for the term ending Dec 31st 1902 - and recommending the acceptance of certain bids mentioned in said report, and that the Mayor be authorized to enter into Contract with them in accordance with their respective bids On Motion the report was adopted - Report City The Mayor laid before the Council a report from the City Engineer Engineer regarding five hydrants that had been fenced up, situated on 8 & 9th Streets as shown by Complaint made to the Council by the Chief of the Fire Dept, which Complaint had been referred to the City Engineer for investigation & report. On motion the report was received and adopted. Report of Alderman Shelley entered the Council Chamber. Com on Alderman Stumpff for a majority of the Committee to whom was purchase referred an Ordinance authorized the So. Suburban R.R. Co. of to use either electricity or Steam as a motive power for their So. Suburban cars, presented a report recommending the adoption of a R.R Substitute Ordinance, with Amendments offered by them The Substitute and report were read. Alderman Nitschke for a minority of said Committee presented a report recommending that the ordinance do not pass. Alderman Stumpff moved to adopt the report of the majority of the Committee Alderman Maddox moved to substitute the minority for the majority report The attorney present for and against the passage of the ordinance --- Page break --- Unanimous were invited to address the Council, which they did, after which report adopted the Vote was taken on the motion to substitute the Minority for the majority report, which motion prevailed by the following Vote Yeas Aldermen Alavis Low Maddox Mortimer Nitocake Redd Schneider Shelley Shumate & Ulit 10 Nays Aldermen Brooken Hume & Strumph 3 Unfinished business The Mayor laid before the Council an ordinance to provide for the Purchase old purchase of the Plant of the Water, Light and Power Co of Austin Water Co. The ordinance was read the second time by Caption Alderman Strumph offered the following Amendment Amend by inserting, after the last Section the following Viz Referred to This ordinance shall not take effect until the consent thereto of the ordinance qualified Voters in the City of Austin who pay taxes on property Committee real and personal in said City has been obtained by an election held for the purpose, as provided in the Charter of said Alderman Brooken moved that the ordinance and Amendment be referred to the Ordinance Committee, with instructions to report thereon at the next regular Meeting Alderman Maddox moved as a substitute for the motion of Alderman Brooken, that they be referred to a special Committee of 5. To be appointed by the Mayor which motion was lost by the following Vote Yeas Aldermen Maddox, Mortimer Nitocake Redd Shelley & Shumate 6. Nays Aldermen Brooken Davis Hume Low Schneider Strumph & Ulit 7 Alderman Maddox moved to Amend the motion of Alderman Brooken, referred by adding thereto "and Street" Committee" which motion was lost by the following Vote Yeas Aldermen Maddox Mortimer Nitocake Redd Shelley & Shumate 6 Nays Aldermen Brooken Davis Hume Low Schneider Strumph & Ulit 7 Alderman Nitocake moved to Amend the motion of Alderman Brooken by adding, "and Fire Committee" which motion was lost by the following Vote Yeas Aldermen Maddox Mortimer Nitocake Redd Shelley & Shumate 6 Nays Aldermen Brooken Davis Hume Low Schneider Shumate Strumph & Ulit 7 The motion of Alderman Brooken was then adopted by the following Vote Yeas Aldermen Brooken Davis Hume Low Mortimer Nitocake Schneider Shelley Strumph & Ulit 10 Nays Aldermen Maddox Redd & Shumate 6. New Business --- Page break --- Alderman Waddox offered the following resolution which was read and adopted. Whereas, A.R. Fisher Esq, Judge O.M. Osborn and Judge D.B. Cochran have volunteered their services to represent the City in perfecting an appeal in the mandamus proceedings in cause No 2292, Resolution E.B. Bartholomew, Receiver vs City of Austin, et al, without accepting compensation except actual expenses and have advised that proposition even after a law and should be taken; and, from Fisher Whereas the City attorney has advised the Council that the & Cochran judgement in said mandamus proceedings is erroneous, that in his and has requested that the offer of the above named Court gentlemen be accepted, and that they be made leading counsel in said litigation, if such appeal is to be taken, and has expressed the willingness to assist said gentlemen while acting as such leading counsel; Therefore, Be it Resolved by the City Council of the City of Austin that said offer of A.R. Fisher Esq, Judge Osborn and Judge D.B. Cochran be accepted, and they are hereby made leading counsel to perfect and prosecute said appeal in conjunction with the City attorney. Ordinance By Alderman Davis an ordinance regulating the operation regulating of Automobiles in the City of Austin operation of The ordinance was read the first time and on motion was Automobiles referred to the ordinance Committee The Mayor laid before the Council the following message which was read. Austin, Texas, July 2nd, 1902. To the Honorable City Council of the City of Austin Mayors Gentlemen: message I hereby nominate the following persons nominating to constitute the City Board of Equalization, Viz: Board of A.M. Bartholomew, H.W. Weitz and Louis Wallace Equalization These nominations are submitted to you for such action thereon as to you may deem proper. Respectfully R.E. White, Mayor Board of Alderman Schneider moved that the nominations made Equalization by the Mayor, in the message just read, be confirmed, Confirmed which motion prevailed. approp. of By Alderman Waddox, an ordinance appropriating ordinance the sum of $483.20 for the purpose of paying approved accounts. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brocken Davis King Love Waddox Wror Timmons Witscute Redd Schneider Shelley Shumate Trunh Weitz 13 Nays None By Alderman Witscute an ordinance amending --- Page break --- 696 Dog ordinance An ordinance regulating the running at large of dogs and providing for the registration of same. The ordinance was read the first time and on motion was referred to the Police Committee $400 for expense By Alderman Davis an ordinance appropriating the sum of paying expense of $400.00 for the purpose of paying expenses of Counsel of the of appeal of City in procuring approval of exceptions in Cause N° 2292 Rule in U.S.C. Bartholomew, Overseer vs City. The ordinance was passed under suspension of the rules by the following vote Yeas Alderman Crocken Davis Hime Loss Waddel Mortimer Witschke Redd Schmerden Shelley Shumate Humpf Wells X3 Nays none Committee to Alderman Shumate moved that the Mayor appoint a investigate Pound Committee of 3. to investigate certain complaints made against Master the Pound Master and to report the result of their investigation to the Council, which motion prevailed, and the Mayor appointed Aldermen Shumate Redd & Shelley as such Committee app. to pay By Alderman Waddel An ordinance appropriating the sum exchange. of $46.00 for the purpose of paying for exchange in paying Coupons The ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Crocken Davis Hume Loss Waddel Mortimer Witschke Redd Shelley Shumate Humpf Wells -12 Nays none. Report The Mayor laid before the Council the report of the Water Water & Light and Light Commission for the quarter ending June 30th 1902. Commission which was on motion referred to the Water & Light Committee without reading On motion the Council adjourned Jumbo Johnson City Clerks.