30 Regular meeting of the City Council Austin, Texas, May 18, 1903 Hon H. D. Shelley President of the Council Presiding Roll Called Present Aldermen Brooker Raynes Huma Madden Maddox Johnsen Shelley Schulze Absent Aldermen Miller Moore Nitschke Redd Smith West Minutes regular meeting approved On motion the minutes of the last regular meeting were approved as recorded. Minutes of Called meeting laid over. On motion action on the minutes of the Called meeting of May 7th 1903 be postponed until a full Council is present. Carried. Petitions Nannie Marvels for damages. Petitions, Memorials &c The chair laid before the Council a petition from Nannie Marvels for damages, which was read and on motion referred to the Committee on Claims and Accounts. Lone Star Brewing Co for remission of taxes By Alderman Madden - Petition from the Lonestar Brewing Association, asking to have certain taxes remitted, Read and on motion referred to the Claims & accounts Committee. Protection Hose Co 3 for salary of extra driver By Alderman Schneider, bill of Protection Hose No 3, for Salary of extra driver, read and on motion laid over to come up under the head of new business Max Schneider street for damages Alderman Madden moved that Wm MaxSchneider be permitted to address the Council on the subject of streets & Bridge in the Christian & Hellman addition in which motion prevailed After remarks by Wm Schneider the matter was referred to the Street Committee, with power to act. Water Light & Power Commission, regarding widening of sidewalks The chair laid before the Council a communication from the Water, Light & Power Commission with reference to widening the sidewalks in the City. Read and on motion of Alderman Schulze referred to the Street Committee with instructions to report at the next regular meeting of the Council Alderman Miller Moore Nitschke & Redd West entered the Council Chamber. Minutes of Called meeting of Council approved Alderman Maddox moved to take up the matter of the approval of the Minutes of the Special meeting of the Council held May 7th 1903 which motion prevailed Alderman Brooker moved that the minutes of the Special meeting held May 7th 1903 be approved as recorded by the Clerk Alderman Madden moved that the minutes of --- Page break --- 31. of the special meeting held May 7th 1903, be stricken from the record. The motion of Alderman Crooker to approve the minutes as recorded, was adopted by the following vote: Yeas Aldermen Crooker Haynes Huns Macken Musciho Shelley Smith West - 8 Nays Aldermen Maddox, Wilson, Redd Schneider Schrimale - 5 Alderman Maddox asked to have his reasons for Alderman Maddox's reasons, his motion to strike from the record the minutes of the for voting against special meeting and for his vote against the approval of approval of minutes said minutes spread upon the minutes of the Council which request was granted. His reasons for his motion & vote were as follows. The following are my reasons for moving and voting to strike from the minutes, the proceedings of the So called Special meeting of the City Council of the City of Austin, Texas, called to meet at the City Hall at 5 o'clock PM Thursday, May 7, 1903; First- Section 22, page 8, of the City Charter reads as follows: "There shall be a regular meeting of the City Council at least once a month, and such special meetings as the Mayor and any three Aldermen may deem necessary." Second - Section 22, page 8, of the City Charter reads as follows: "That calls for special meetings shall state the Nature of the business to be transacted at the meeting; and shall be read to each Alderman to be found in the City; or if any Alderman is out of the City a copy thereof left at the place of business of such Alderman as may not be seen in person, by the policeman of the City of Austin serving the Notice, who shall report in writing to the Council as to whom he has served, and how he has served such notice, and the reason for not serving each Alderman in person. If it shall appear that two-thirds of the Aldermen have been served personally, the Council may proceed to transact the business mentioned in the call, as if all the Aldermen had been personally notified of the meeting The said notice and the return of the officer shall be recorded in the minutes of the meeting of the Council and shall be evidence of the Nature of the Call, and the service of the notice thereof." Third - Section 18, page 8 of the City Charter reads as follows: "That in case of the death, resignation or inability to act or absence of the Mayor from the City, The President of the Council shall place perform all the duties of the Mayor Fourth - The Call for the special meeting called to meet at: --- Page break --- 32 5 o'clock P. M. May 7, 1903, is as follows: "Austin, Texas, May 7, 1903 To the members of the City Council of the City of Austin: A Special Meeting of the City Council of the City of Austin is hereby Called to Convene in the Council Chamber at the City Hall in said City at 5 o'clock P. M. on Thursday May 7, 1903, for the purpose of receiving the report of the Water and Street Committee on the subject of the Contract for the Construction of a Storm Water Sewer on Congress Avenue, and for the further purpose of taking such action as to the Council may deem proper on said report, and said Sewer Construction. Wm. H. Blain Third Ward Geo. H. Grooms Seventh Ward J. W. Shumnate Sixth Ward H. L. Haynes Sixth Ward "Austin, Texas, May 7, 1903 I hereby Certify that the following named Aldermen have been served with a true Copy of this Call by having same read to them in person: W. O. Shelley, J. P. Schmeiden, A. Waddox, L. R. M. Brooks, Joe Ubsickin Geo. Kunne, William, V.C.T. J. B. Nisbetts, Geo. Boone, J. Schunatte, J. W. Shumnate, H. L. Haynes, a true copy being left at the residence of W. W. Goodman and W. E. Redes, They being away from home and not being able to locate them. F. C. Montgomery – Marshal" Fifth - Who was Mayor and acting as such on May 7th 1903.? No one will say that W. C. White was not Mayor and so acting on that date, because on May 6th he was acting on a Committee as such, as clearly shown by the following report: Austin, Texas May 6, 1903. To the Council of the City of Austin: In accordance with the resolution of your body adopted on the 5th instant, we beg to report that we have to-day handed Mr. Fields a letter, a copy of which is hereto attached, and that in reply he has handed us a letter, a copy of which is also hereto Attached. That upon the receipt of said reply from Mr. Fields we tendered him back his check and bond in accordance with the terms of said resolution, and said full tender was accepted. as to the Check with and the bond. W. C. White, Mayor W. O. Shelley Geo. Kunne, Street Committee --- Page break --- 33 Nor will any one say that W. O. Shelley signed the call as acting Mayor, because under the constitution he signed it "W. O. Shelley Third Ward" Even had he intended to sign the call as acting Mayor he would not have been authorized to do so because Mayor elect D. R. While had been performing the duties of said office on May 6th and was not absent from the City but, on the contrary, told me that he intended to be at the special meeting of May 7th, and was there - presiding and acting as Mayor of the City of Austin W. O. Shelley told me, on Seventh street, on the evening of May 8th that he signed the call as Alderman because he thought that While was performing the duties of Mayor. In course of the above cited irregularities, I move to strike from the records all the proceedings of the so called special meeting of the City Council, and that the above and foregoing be spread on and published in the minutes of the proceedings of the City Council of the City of Austin P. M. Waddas Alderman Second Wards Reports of City officers On Report Water Light & Power The report of the Commission Water, Light & Power Commission for the quarter Commission ending March 31st 1908, which was on motion referred to the Water Light Power Committee without reading Reports of Standing Com's Committees Alderman Miller for the Water Light Committee Work on petition of To whom was referred the petition of citizens of South citizens South Austin Austin for additional pipe and five hydrants, presented for pipe & five plugs. a report recommending that the petition be granted On motion the report was adopted. Street on proposition Alderman Nitschke for the Street Committee to W O Roy for sell land whom was referred a proposition from H. B. Roy for street purposes. to sell to the City certain land for street purposes further time granted presented a verbal report, stating that they had been unable to see Mr Roy and asked for further time in which to report. On motion the request for further time was granted. Alderman Waddus for the Finance Committee Finance, on Bonds presented a report stating that they had exchanged exchanged. previous bonds for 5-6% water light bonds N° 70 to N° 86 to January 1st 1908. On motion the report was received and referred to the special Committee heretofore appointed to verify the reports of the Finance Committee, and if found correct to destroy all bonds and paid coupons. --- Page break --- 34 Finance and assess Alderman Waddar for the Finance Committee report to whom was referred the reports of the Assessor and Collection of taxes for the months of March & April 1903 presented a report stating, that they had examined same and found them correct. On motion the report was adopted. Park on improvement Alderman Shimate for the Park Committee presented Peace Park a report as to certain improvements made in Peace Park. etc which was read and on motion laid over to come up under the head of unfinished business. Alderman Shimate for the Park Committee presented a Park on improvement of report as to improvements made on Park between West Avenue Wave & Ridgerand and Ridgeand & between 12th & 13th Streets also notifying the & bet 12th & 13th Sts. Council that Judy & Gilmore one of the School Board had notified the Committee that this Park was school property and under the control of the School Board, and protesting against the City making any improvements or exercising any control over same. Matter of improvement Alderman Haynes moved that the matter be referred of Wave & Ridgerand St. back to the Park Committee, with instruction to confer Park. ref'd to Park Com with the School Board and see if matters could not be satisfactorily arrange, which motion prevailed Ordinance on improvement Alderman Hume for the Ordinance Committee to Peace Park. whom was referred an Ordinance for the improvement and improvement of Peace Park, presented a report recommending the passage of said Ordinance On motion the report was adopted. Ordinance on street car Alderman Hume for the ordinance Committee to further time whom was referred an ordinance regulating street cars etc - presented a verbal report stating that they were not ready to report and asking for further time which was granted Hospital and Report of Alderman Redd for the Hospital Committee, to Physician & Matron whom was referred the reports of the City Physician and Matron for the month of April 1903, presented a report stating that they had examined same and found them correct. On motion the report was adopted. City Engineer Dowdins The Chair laid before the Council a report of the Rivers bridge City Engineer as to the condition of the Bridge across Bull Run Creek, on Congress Avenue in South Austin, which was read and on motion referred to the Street Committee City Engineer The Chair laid before the Council a report from the Fire Hall City Engineer as to the condition of the Bell Tower at City Hall which was read and on 7 motion referred to the Fire Committee with power to act. --- Page break --- special Com on payment coupons & Bonds refunded Alderman Shumate for the special Committee appointed to verify the reports of the Finance Committee as to Coupons paid by the Treasurer, and Bonds refunded, presented a report stating that they had "Carefully examined said reports and found them correct, and had destroyed all Coupons paid, and bonds refunded by burning. Same in the presence of the Council — The reports of the Committee were adopted The following is the report of the special Committee on Bonds refunded. Austin, Texas, May 8th 1903 Hon. W. D. Shelley actg. Mayor, and Board of Aldermen of the City of Austin ! Gentlemen. Your special Committee to whom, was referred the reports of the Finance Committee as to the exchange of Funding bond No 16 of issue of July, 1887 and Coupons paid, also 5-6% water & Light bonds No 185. of issue of 1895. and the Coupons paid, beg leave to report that we have carefully examined same and found them correct, and have destroyed said bonds and Coupons in the presence of the Council by burning same J. W. Shumate Geo. L. Kline Wm. D. Miller Committee Unfinished business Ordinance for im- The chair laid before the Council an ordinance to provement Peace prescribe a method for the government and improvement Park of Peace Park, to appropriate the sum of Six hundred dollars for said purpose, and to prescribe penalties for violation of the rules hereby made, or authorized to be made for the government of said Park The Ordinance was read the second time Alderman Schneider moved to amend the ordinance by striking out in the caption and in Section 4 of same the words "Six hundred dollars" and inserting in lieu thereof the words "Three hundred and twenty dollars" Also to strike out all of Section 4, except that part relating to the Salary of the person to be employed to police and improve said Park. The amendment was adopted, and the ordinance as amended was passed under suspension of the rules by the following Yea Yeas (Alderman Brooks, Burgess, Dixon, Gilmore, Hahn, Miller, Nitschke, Randel, Schneider, Shumate, Smith & Welch – 13 Nays None --- Page break --- 36 New business Bill from Protection Hore Co #3 The claim laid before the Council a bill from Protection Hore for Balay Extra Driver Co #3 for Balay of extra driver for 3 months. On motion of Alderman Schneider the bill was referred to the Fire Committee $300. to grade & gravel By Alderman Crooken An Ordinance appropriating Lavacea street the sum of $300.- for the purpose of grading and graveling Lavacea street from 6th to 19th streets. The ordinance was read the first time and on motion of Alderman Schneider was referred to the street Committee Fire Com. to investigate Alderman Schneider moved that an ad-hoc Committee report on matter of be instructed to investigate and report to the Council as accident insurance of drivers to the advisability of the Citys taking out accident of fireman Fire Dept. insurance policies on the drivers of fireman of the fire department, which motion was adopted $50. Extra Sanitary labor By Alderman Smith An ordinance appropriating the cutting weeds. sum of $50. for the purpose of paying for extra labor for Sanitary Dept. cutting weeds The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Haynes Hume Wuaden Miller Titsockk Redd Schneider Shelley Shumate Smith & Veit - 12 Nays Alderman Maddox Ordinance Prescribing By Alderman Smith An Ordinance Prescribing what shall Constitute a days work, what shall Constitute a days work on all public how to fix Compensation works of the City and to prescribe minimum wages which shall be paid for such works. The Ordinance was read the first time and on motion was referred to the Ordinance and Street Committees by the following Vote Yeas Aldermen Wuaden Miller Titsockk Redd Schneider Shelley 7 Nays Aldermen Crooken Haynes Hume Shumate Smith & Veit 6. None. 13 $50. to improve Peace By Alderman Shumate An ordinance Park. appropriating the sum of $50. for the purpose of improving Peace Park. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Haynes Hume Wuaden Maddox Miller Titsockk Redd Schneider Shumate Smith Veit Nays None. 13 $50. to widen 19th street By Alderman Titsockk An ordinance appropriating the sum of $50. for the purpose of widening 19th street at 19th street. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Haynes Hume Wuaden Maddox Miller Titsockk Redd Schneider Shumate Smith & Veit 13 --- Page break --- Resolution as to express wagons standing on Certain street Mayn. Alderman Shumate offered the following resolution Resolved that the ordinance prohibiting the standing of wagons vans and express wagons on Congress avenue and 6th street be rigidly enforced. On motion of Alderman Shumate the resolution was referred to the Ordinance Committee, with instructions to report at the next meeting of the council. Resolution that street Finance Committee be furnished with Telephones. Alderman Macken offered the following resolution Resolved by the City Council of the City of Austin, That the Chairman of the Street Committee and the Chairman of the Finance Committee be and are hereby respectively authorized to subscribe for one Telephone, each, at the expense of the City. Alderman Macken moved the adoption of the resolution, which motion was lost by the following Vote Yeas Aldermen Macken Reed Smith 4 Nays Aldermen Crooken Haynes Hume Waddas Willson Nitschke Schneider Shelley Shumate 9 Apprd a/cs By Alderman Waddas An ordinance appropriating the sum of $80000 for the purpose of paying approved accounts The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Haynes Hume Macken Waddas Willson Nitschke Reed Shelley Shumate Smith 12 Nays None. approved a/cs St Dept. By Alderman Waddas An ordinance appropriating the sum of $688.17 for the purpose of paying approved accounts Street Dept. The ordinance was passed under Suspension of the rules by the following Vote Yeas Aldermen Crooken Haynes Hume Macken Waddas Willson Nitschke Reed Shelley Shumate Smith Welch 12 Nays None. Dog catchers and asst. elected Los Evans Hal Matson Alderman Redd moved that the Council now Proceed to the election of a Dog Catcher & assistant. The question was then [illegible]. Alderman Haynes nominated Los Evans for the position of Dog Catcher. On motion nominations were closed and the Clerk instructed to cast the entire vote of the Council for Los Evans. The chair declared Los Evans duly elected Dog Catcher for the ensuing term. Alderman Shelley nominated Hal Matson for Asst Dog Catcher. On motion nominations were closed, and the Clerk instructed to cast the vote of the Council for. Matson. The chair declared Hal Matson elected as Asst Dog Catcher for the ensuing term. On motion the Council adjourned. Judge Hume By Clerk.