Regular meeting of the City Council Austin, Texas, May 04, 1903. from W. D. Shelley, President of the Council presiding Roll Called. Present Aldermen Crooker, Dagnall, Hume, Mackin, Maddox, Millican, Moore, Titsworth, Redd, Schneider, Shelley, Shuman, Smith, Elliott. Absent: none On motion the minutes were approved as recorded in the books, without reading. Petitions Petition of Vegetable dealers on market place By Alderman Hume. Petition of Vegetable dealers asking that the place of a City Market be not changed. Read and on motion referred to the market Committee. W. B. Roy proposition to sell lots for street purposes. By Alderman Redd – proposition of W. B. Roy to sell to the City certain lots for street purposes. Read and on motion referred to the street Committee, with instructions to report at the next regular meeting of the Council. Citizens on market place. By Alderman Moore – Petition of Citizens asking that the City do not establish a market on the block known as the "Alliance Yard". Read and on motion referred to the Market Committee. W. Quebedeaux for wagon scale By Aldermen Maddox and Schneider. Petition of W. Quebedeaux asking permission to put in a wagon scale at corner of Lavaca and 8th Streets. On motion the petition was granted, the work to be done under the supervision of the City Engineer and the Street Committee. Alderman Maddox moved that all Ex Aldermen present be invited to seats within the bar of the Council, which motion prevailed. Fritz Kratzmeyer wagon scale The Chair laid before the Council a petition from Fritz Kratzmeyer, asking permission to put in a wagon scale at the corner of Chicon and Sixth Streets. On motion the petition was referred to the Street Committee, with power to act. Reports of City Officers Reports of City Officers for April 1903. The Chair laid before the Council the reports of the Treasurer the Clerk, The Physician and Seiron for the month of April 1903. Also the reports of the Assessor & Collector for the months of March & April 1903, which were on motion referred to their appropriate Committees. Reports of Standing Committees Alderman Maddox for the Finance Committee, to whom was referred the reports of the City Treasurer for the months of March and April 1903, presented --- Page break --- their reports, stating that the reports had been examined and found correct. The report were adopted Alderman Waddan for the Finance Committee presented a report stating that they had examined the accounts of the outgoing Treasurer and found them correct and had transferred all monies, bonds and unissued bonds to the incoming Treasurer &c. The one submitted his receipts for same. On motion the report was adopted Alderman Waddan for the Finance Committee presented a report stating that they had exchanged Funding, bond No. 16. of issue July 1st 1884, for $500.00, for refunding bond No 1872, of issue of July 1st 1901, which bond with the coupons paid they had to the Council for such action as they might deem proper. On motion the report was adopted and the bond and Coupons, referred to, were referred to the special Committee appointed at the last meeting of the Council to Verify report and if found Correct to destroy said bond and Coupons. Alderman Shumate for the Park Committee to whom was referred the petition of Colored Citizens asking for the use of Peace Park for their 19th of June celebration, presented a report recommending that the request was granted, upon certain conditions, On motion the report of the Committee was adopted. Alderman Hume for the Ordinance Committee to whom was referred an ordinance regulating charges etc of the Street Rail Road, stated that they were not yet ready to report, and asked for further time. The request was granted. Alderman Ulit for the Cemetery Committee to whom was referred the report of the Sexton for the month of March 1910, presented a report stating that same had been examined and found correct. The report was adopted. On motion of Alderman Haynes the City Attorney was excused from further attendance at this session of the Council. Unfinished business. The Clerk laid before the Council the resolution of Alderman Wilkins, regarding the proposed Congress Avenue sewer. Alderman Brocken Moved that the resolution be Laid on the table a request to Call a roll-call, in motion. No further business. The Finance Committee presented the following resolution. --- Page break --- 21 Daffy resolution Be it resolved by the City Council of the City of Austin, int. going Treasurer that the thanks of the Council be and are hereby extended to the outgoing City Treasurer Hon. W.H. Fults for the uniform, prompt and efficient manner in which he has ever discharged his official duty as Treasurer; and the City Clerk is hereby directed to spread a copy of this Resolution on the Minutes of the Council and to mail Mr Fults a copy of same. The resolution was unanimously adopted by a rising vote. The Chair laid before the Council the following communication which was read and ordered filed. Austin, Texas, May 5th 1903 Do the Hon City Council of the City of Austin; Austin, Texas, Gentlemen! In relinquishing the office of City Treasurer, Daffy Communication I do most regretfully, I cannot refrain from ex-Treasurer from an expression of the gratitude which I feel towards the members of the City Council, who have ever lent their best efforts towards the maintenance of the peace and harmony which has done so much in assisting and encouraging me during my incumbency. In my short time which I have had the good fortune to be associated with you, my relations have been most pleasant and I believe the advice has been satisfactory. To the Finance Committee, Composed of Messrs Madden, Schneider, Moore, and to the City Clerk, Mr Johnson, I desire especially to express my grateful thanks for the assistance rendered me, without which I should have been sorely tried. With the Kindest regards to each and all of you, with renewed expressions of appreciation and assuring you that at any time I can be of service to you, it shall be my pleasure to act I beg to remain Very Sincerely W.H. Fults Improvement Plan By Alderman Crooke an ordinance appropriating W. Ave & Rio Grande St- the sum of $25.00 for the purpose improving W. 6th St and between West Avenue and Rio Grande Streets and between 12th & 13th Streets The ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Crooke, Moore, [illegible] Rick in Madden Miller, Moore, Tinadale [illegible], Bailey, Shrumate, Smith & West Nay None By Alden. M. Sherlock an ordinance to amend --- Page break --- 22 Ordinance amending Police ord. #530 Ord. for improvement of Peace Pk. – Park Com. authorized to employ a man to take Charge of Peace Park Vote of thanks Park Com. & Citizens for services improving Peace Park Ordinance amending Pound Ordinance #127 Pipe Water Light- Com. for laying pipe $500. Ex to Gabon Article 330 of the Revised Civic ordinances of the City of Austin. The ordinance was read the firsttime and on motion was referred to the Police Committee. Alderman Shumate An ordinance to provide a method for the Government and improvement of Peace Park, to appropriate the sum of six hundred dollars for said purpose, and to prescribe penalties for the violation of the rules hereby made, or authorized to be made for the government of said Park. The ordinance was read the first-time. Alderman Schneider moved to refer the ordinance to the Ordinance Committee, with instructions to report at the next regular meeting of the Council which motion prevailed. Alderman Schneider moved that the Park Committee be authorized to employ a man to take charge of Peace Park for one month at a salary not to exceed $40.00 which motion prevailed. Alderman Shumate moved that a vote of thanks be tendered Messrs. A.T. Bush and the Citizens Park Committee for their services and assistance in improving Peace Park, which motion was unanimously adopted by a rising vote. By Alderman Zieske an ordinance to amend the 127 of the Revised Penal Ordinances of the City – The ordinance was read the first-time and on Motion was referred to the Police Committee. The chair laid before the Council a bill from the Water Light & Power Commission, to lay new pipe upon certain streets of the City. Alderman Zieske moved that it be referred to the Finance Committee Alderman Maddey moved as a substitute that it be referred to the Street Committee – The substitute was adopted, and the bill so referred. By Alderman Nitsche An ordinance appropriating the sum of $500. for the purpose of paying for extra labor and material. The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Crooken, Haynes, Kean, Moore, Madder, Millen, Moore, Nitsche, Reed, Schneider, Shumate Shumate, Smith, Zieske. Nays None. (Alderman Madison offered the following resolution. which was read and adopted. Be it resolved by the City Council of the City of Austin: That the City Treasurer is hereby instructed to transfer from the General fund to the Street improvement fund the sum of $ 600.00 to pay the bill for new --- Page break --- 23 erroneously drawn from the Street Improvement fund for repairs to Peace Park $50.ºº and from the fund for to 12 Division “A” City of Austin $10.ºº Alderman Mitschke was called to the chair Alderman Shelley made a statement to the Council in regard to the suspension of Sgt of Police W. C. Owens. Alderman Haynes moved that the action of City Marshal Montgomery, in re-instating Sgt Owens be endorsed and sustained, which motion was lost by the following Vote Yeas Aldermen Haynes Redd Schmidt Nays Aldermen Brooker Hume Mackin Maddox Mullen Moore Mitschke Schneider Shumate & Welt Alderman Maddox moved that Sgt Owens be paid his salary from the time he was placed on duty by the Marshal after suspension, which motion prevailed by the following Vote Yeas Aldermen Brooker Haynes Hume Mackin Maddox Mullen Moore Mitschke Redd Schneider Shelley Shumate & Welt Nays none Alderman Mackin moved that the Council now proceed to the election of the Police force of the City for the ensuing term which motion prevailed. The Marshal was requested to present to the Council for Confirmation or rejection, the names of the persons selected by him for Policemen – The following names were submitted by the Marshal, viz: John McNamara J. D. Platt, C. H. Owens, A. L. Gibson J. W. Pierce, J. W. Macken, S. B. Lane, W. O. Jones, G. S. Fallwell S. W. Bustin, G. R. Dannishill, J. H. Cato, B. W. Evans, Billie Russell, Lewis Hearn, John Quinlan. The chair appointed Redd & Hume as Tellers, and the ballot ordered. The Tellers announced the following as the result of the first ballot. For Confirmation: McNamara 16. Platt 14. Owens 8 Gibson 16. Macken 11. Lane 16. Jones 14. Fallwell 16. Bustin 16. Dannishill 12. Cato 14. Pierce 13. Evans 6. Russell 9. Quinlan 8. Hearn 4. The Chair announced that the following persons having received a majority of all the Votes Cast, were duly Confirmed as Policemen for the ensuing term, viz McNamara Platt Gibson Macken Lane Jones Fallwell Bustin Pierce and Cato Pierce and Russell and that the following named persons were rejected, viz Evans Quinlan & Hearn. The marshal was directed to submit other names in lieu of the other Policemen – Suspension Police S.F. Reinstatement Sgt Owens. City Clerk instructed to pay Sgt Owens salary. Election of Police force for ensuing term --- Page break --- The Marshall submitted the following names, Viz; Allison, Carnall, Morrison, Pau lon & Evans. The vote was then taken and the following result was announced by the Tellers For confirmation Carnall, Pau lon & Evans 7. No one having received a majority, they were all declared rejected. The Marshall then submitted the name of Mr Pyburn Alderman Maddax moved that the Clerk be directed to cast the Unanimous Vote of the Council for the confirmation of Mr Pyburn as Policeman. This motion prevailed, and the Clerk cast 14 votes for confirmation The Clerk declared that Mr Pyburn having received a majority of all the votes for Confirmation, was duly elected as Policeman for the ensuing term. Alderman Shumate moved that the Council now Storm Sewer Contract. take up the matter of Construction of a storm sewer on Congress Avenue which motion prevailed. City Marshall On motion of Alderman Maddox City Marshal Leave of Absence for Montgomery was excused from further attendance 30 days. at this session of the Council and was also granted a leave of Absence for 30 days from this date. Motion to adopt plan Alderman Maddox moved that the report of of Storm sewer. the Sewer Committee as to the shape of the proposed Storm Water Sewer be adopted. Alderman Haynes moved as a substitute that the Council Substitute plan for storm declare that the original plans and specifications be sewer adopted. adhered to and the Contract be awarded to Wm Field in accordance with the original plans and specifications. The substitute was adopted by the following vote: Yeas Alderman Brooker, Haynes, Kennebrew, Driller, Moore, Schneider, Shelley, Smith, Welch - 10 Nays Alderman Maddox, Nitsohke, & Shumate - 4 Motion to return Check Alderman Maddox moved that the Certified to Wm Field. Check of Wm. N. Field be returned to him. Alderman Smith seconded an invitation to the Invitation to entertainment Council to attend an entertainment to be given by - accepted to go to Columbus Hose Co No 2 at their hall on Tuesday Evening, May 5th 1903. Alderman Welch moved that the Council adjourn, sooty the following vote: Yeas Alderman Haynes, Mackin, Schneider, Smith, Welch - 6 Nays Alderman Brooker, Kennebrew, Maddax, Moore, Nitsohke, Pau lon, [illegible], Shelley - 7 Alderman Shelley moved that the Council reconsider the vote by which the Council adopted the motion --- Page break --- of Alderman Haynes, to ad here to the original plans and specifications for the proposed sewer, which motion was lost by the following vote Yeas Aldermen Wraddas Willson Nitschke Redd Shelley Smith Shumate 6 Nays Aldermen, Crooken Haynes Kinne Mackin Moore Moore Schneider Smith Weit 8 Alderman Schneider moved that the Council adjourn which motion was lost by the following Vote Yeas Aldermen Haynes Mackin Moore Schneider Smith Weit 6 Nays Aldermen Crooken Kinne Wraddas Wilson Nitschke Redd Shelley Shumate 8 Mayor not vote : Alderman Haynes offered the following resolution to Call on Mr Fields : Be it resolved by the city Council of the city of Austin! in the matter : That the Mayor and streets Committee be instructed Contract for sewer : to personally wait on Mr Fields and ascertain if he is ready to build the storm sewer on Congress avenue according to the original plans and specifications for said sewer for the amount stated in his bid If in the negative render him his check. Alderman Wraddas moved to amend the resolution by striking out the words "Street Committee" The amendment was lost by the following Vote Yeas Aldermen Wraddas Nitschke Redd 3 Nays Aldermen Crooken Haynes Kinne Mackin Wilson Moore Schneider Shelley Shumate Smith Weit 11 The resolution of Alderman Haynes was then adopted by the following Vote Yeas Aldermen Crooken Haynes Kinne Mackin Wilson Moore Schneider Weit 9& Nays Aldermen Nitschke Redd Shelley Shumate et [illegible] 5 Alderman Wraddas of the Street Committee be excused from serving on said Committee, notifying Mr Fields - which motion prevailed by the following Vote Yeas Aldermen Crooken Haynes Kinne Mackin Wilson Moore Shumate Weit 8 Nays Aldermen Nitschke Redd Schneider Shelley Smith 1 Present not Voting Alderman Wraddas 1 On Motion the Council adjourned Jno. P. Hutchinson City Clerk!