52 Regular Meeting of the City Council Austin, Texas July 06, 1903 Hon. R. A. White, Mayor presiding Roll Called Present Aldermen Brooker Haynes Hummel Maddox Miller Rische Redd & John S. Hummel Smith & Seibert Absent Aldermen Moore, Rische & Shelley On motion the minutes were approved as recorded by the clerk without reading. Alderman Ritschke moved the Council Chamber Petitions etc. Petitions, memorials etc The Mayor laid before the Council the following Petitions Austin Hook & Ladder Co #1 and Colorado Hose Company #2. Petition asking to have a new for new floor in Hall floor put in their Hall. Read and on motion referred to the Fire Committee Citizens to have streets From Citizens asking to have streets around the west around Austin school Austin School building gravelled. gravelled. Read and on motion referred to the Street Committee From Mrs. McFall asking to have certain fund Mrs McFall to refund fees fees refunded. Read and on motion referred to the Committee on claims & accounts P. Busche for By Alderman Schneider applied for permission to building permit. erect building within fire limits. Read and on motion referred to the Fire Commission Alderman Shelley entered the Council Chamber Reports of City Officers Reports City officers The Mayor laid before the Council the reports of the Assessor & Collector, the Treasurer, the Clerk, the Physician and the Sexton for the month of June 1923 which were on motion referred to their appropriate Committees without reading. Committee reports Reports of Standing Committees Ordinance Alderman Hummel for the Ordinance Committee Map cases. to whom was referred an ordinance prohibiting what shall constitute a days labor, the MajorityMinority, and a Minority report recommending recommending the passage of said ordinance, and the Minority recommending an amendment. An Amendment. On motion the reports were adopted. Alderman Hummel for the Ordinance Committee to whom was referred an Ordinance Prohibiting the location of Bootback stands on certain portions of Congress Avenue and 3rd St. — presented a majority recommending that the ordinance do not pass --- Page break --- 53 On motion the report of the Ordinance Committee was adopted. Alderman Hume for the ordinance Committee to whom was referred an ordinance increasing the salary of the Pound Master, presented a majority report recommending that the ordinance do not pass, and a minority report recommending the passage of the ordinance. Alderman Haynes moved to substitute a minority for the majority report, which motion prevailed by the following vote: Ayes: Aldermen Brockenbrough, Blacken, Miller, Read, Shelley, Schumate, Smith & Meith. 9 Nays: Aldermen Hume, Maddox, Nitschke, Schneider. 4 Alderman Hume for the ordinance Committee to whom was referred an ordinance regulating the presence of Children on the streets and Alleys of the City after 9 o'clock at night, presented a report recommending the passage of the ordinance. On motion the report was adopted. Alderman Hume for the ordinance Committee to whom was referred an ordinance requiring the Austin Electric Railway Co to employ conductors and give transfer tickets, presented a report recommending that the ordinance be laid on the table subject to Call. On motion the report was adopted. Alderman Schumate for the Purchasing Committee presented a report stating that the had advertised for and received bids for supplies for the City for the term ending Dec. 31st 1900, and recommending the acceptance of certain bids therein named. The report was adopted. On motion of Alderman Crooks, the Hon. A.S.Bowers Mayor of Palestine, Texas, was invited to a seat on the stand with the Mayor. Alderman Nitschke for the Street Committee to whom was referred an ordinance appropriating the sum of $450.00 for the purpose of building a Stone Culvert across Newnings branch in Fair View Park South Austin, presented a report recommending the passage of the ordinance with an amendment striking out the word "Stone" wherever it appears in the ordinance. On motion the report, was adopted. Alderman Nitschke for the Street Committee to whom was referred an ordinance regulating the speed of Automobiles on the bridge across the Colorado River, presented a report recommending its passage with an amendment requiring the rate of speed five miles an hour instead of three miles an hour. The report was adopted. --- Page break --- 54 Streets on Leaming water gravel, etc. Alderman Nitschke for the Streets Committee to whom was referred an ordinance appropriating the sum of $3500.00 for the purpose of leasing from E. B. Walsh, presented a report recommending that the same do not pass On motion the report was adopted Streets, import. Citizens Privilege across Shoal Creek, in State Street Alderman Nitschke for the Streets Committee to whom was referred the petition of Citizens asking for a bridge across Shoal Creek on State Street, presented a report recommending that the petition be granted and the sum of $200.00 be appropriated for that purpose. On motion the report was adopted. Five Commissioners on applications for building permits The mayor laid before the Council reports of the Five Commissioners upon the applications of the Lone Star Ice Co. and Beasley and Harris for permission to erect buildings within the fire limits, recommending that the applications be granted. The reports were adopted. B. Melasky for Street work The mayor laid before the Council a communication from B. Melasky calling attention to work needed on W. 12th Street in front of his residence, which was read and on motion referred to the Street Committee. Lone Star Ice Co. building permit granted Alderman Maddax moved that the application of the Lone Star Ice Co. for permission to erect a certain shed within the fire limits be granted, which motion prevailed by the following Vote Yeas Aldermen Brooker, Haynes, Hume, Meador, Maddax, Miller, Nitschke, Rele, Schneider, Shelley Schutt, Smith, Welsh Nays None. Beasley & Harris building permit granted Alderman Schneider moved that the application of Mess. Beasley & Harris for permission to erect a certain building within the fire limits be granted which motion prevailed by the following Vote Yeas Aldermen Brooker, Haynes, Hume, Meador, Maddax, Miller, Nitschke, Rele, Schneider, Shelley Schutt, Smith, Welsh Nays None. Unfinished business Austin Dam Suburban R. R. ordinance The Mayor laid before the Council an ordinance granting the Austin Dam and Suburban Railway Company the right to operate its road by electricity or steam, or both, etc. Orders. The ordinance was read the second time a number of protests against, and requests for the passage of the ordinance were read. Alderman Maddax offered the following amendment Add section 5 as follows Section 5 In further consideration of the rights and privileges granted by this ordinance, said Austin --- Page break --- Dam and Suburban Railway Company hereby binds itself, its successors and assigns to make good and sufficient title to said City of Austin to all lands owned by them where the said tracks shall be abandoned in accordance with the requirements of this ordinance. The Amendment was lost by the following vote Yeas Aldermen Madday Redd Holmgreen 3 Nays Aldermen Crovken Haynes Zimmerman Miller Wittelle Shelley Shumate Smith Tullis 10 Alderman Maddar offered the following Amendment which was read and adopted. Amend Section 4 page 2 as follows To Strike out the words "To as good condition as they were in before the Construction of the tracks along Said streets" and insert in lieu thereof the following. "To good Condition for travel to the Satisfaction of the Street Committee and City Engineer". Alderman Maddar offered the following Amendment which was read and adopted Add Section 7. as follows Section 7 The said Austin Dam and Suburban Railway Company, its successors and assigns, shall place in good Condition for travel to the Satisfaction of the Street Committee and City Engineer immediately upon its track over which it is herein granted the right to operate its said road and place the tracks of Said road in such Condition that Vehicles Can Cross over tracks at any point on Said tracks. Alderman Maddar offered the following Amendment Section 6. In further Consideration of the rights and privileges granted by this ordinance, the Austin Dam and Suburban Railway Company, hereby binds itself, its successors and assigns, to pay to the City of Austin the Sum of fifty thousand dollars, same to be paid in annual installments of five thousand dollars each, on or before Jany. 10th of each year The failure to pay any or all of Said annual installments shall forfeit all rights and privileges granted under this ordinance. The Amendment was lost by the following vote Yeas Aldermen Maddar Schmeltzer 2 Nays Aldermen Crovken Haynes Shumate Macher Miller Wittelle Redd Shelley Zimmerman Tullis 11 Alderman Maddar offered the following Amendment Section 9. This ordinance is in no wise to be the use of using clear track on the railroad tracks on Ninth on Cedar Street, Eastward from San Antonio --- Page break --- 56 Street, for transfer of passengers and freight is granted on condition that said Austin Dam and Suburban Railway Company shall allow and provide for the transfer over its track for the engines and cars of All other railroad Companies connecting with or crossing its track upon terms applying equally to all such Companies, and shall permit the track and rails of all other railroad Companies entering the City of Austin to connect with its track, subject to all such further regulations as may be adapted by the City Council for the purpose of carrying into effect such as may be found necessary for the proper conduct of travel across and upon said Street in the business of said Company in providing equal facilities to all other railroad Companies desiring to use its said track; provided, that if said Austin Dam and Suburban Railway Company, and other connecting Company or Companies shall not agree on the rate of compensation to be paid to it for the use of its said track, the same shall be fixed by the Railroad Commission of the State of Texas; and provided further, that said Austin Dam and Suburban Railway Company shall, when required to do by the City Council of the City of Austin, furnish all necessary switches, spurs, side tracks and switches as it may decide to be necessary and proper to accommodate persons doing business on said Fourth Street, the same to be subject to the use on equal terms by all connecting railroads and the rates to be charged persons for the use of cars thereon, if not fixed by said Railroad Commission, shall be fixed and changed from time to time as may be found necessary by the City Council. Amendments Should Said Austin Dam and Suburban Railway Company, its successors or assigns at any time fail, neglect or refuse to comply with any of the terms and provisions of this ordinance and perform the services herein, or which may hereafter be required of it by the City Council or the Railroad Commission of the State of Texas, all rights privileges and franchises herein granted to said Company shall lapse and become forfeited. The Amendment was adopted by the following vote: Yeas Aldermen Crooken Maddox (Reil) Leas Willey Trimble Trinimun Hay Levitin [illegible] 6 Nays Dallas 7, Ill 1 Amendment be 7, Yeas 0, and that --- Page break --- Sections 5 & 6. of the original ordinance become and be numbered Sections 7 & 8 of the ordinance, which motion prevailed. Alderman Maddas offered the following Amendment which was read and adopted Amend the last Section by adding after the last word therein the following Viz "and acceptance in said Company in writing to be filed in the office of the City Clerk within ten days from the final passage of this ordinance. Passed. The Ordinance as amended was then passed under suspension of the rules by the following Vote Yeas Aldermen Brooks Haynes Hime, Maaken, Miller, Nitschke, Redd, Shelley, Shimmate, Welch - 10 Nays Aldermen Maddas, Schneider, Smith - 3. Inst. R.R. That Mayor laid before the Council an ordinance Commercial Switch granting permission to the Houston and Texas Central in alley, Blocks 30 & 42. Railroad Company to build a Commercial Switch on track in the Alley in Blocks No 30 and 42 and to cross Fourth Street at the intersection thereof in the City of Austin. The Ordinance was read the second time and on motion the rule was suspended and the ordinance placed on its third reading by the following Vote Yeas Aldermen Brooks, Haynes, Hime, Maaken, Miller, Nitschke, Redd, Shelley, Shimmate, Welch - 11 Nays Aldermen Maddas, Schneider - 2 The Ordinance was read the third time. Alderman [illegible] moved to reconsider the Vote by which Amended the rule was suspended and the ordinance placed on its third reading, which motion prevailed Alderman Maaken moved to amend the ordinance by adding after the last word in same the following "Provided no switch shall be constructed or operated in said Alley until the poles therein are moved as to leave ample room for the passageway of Vehicles, including fire trucks and all other fire apparatus Passed The Amendment was adopted and the ordinance passed under suspension of the rule by the following Vote Yeas Aldermen Brooks, Haynes, Hime, Maaken, Miller, Nitschke, Redd, Shelley, Shimmate, Smith, Welch - 11 Nays Aldermen Maddas, Schneider - 2. The Mayor laid before the Council an ordinance regulating the presence of children on the Streets and Alleys of the City after Time o’clock at Night The ordinance was read the second time and on motion further consideration of the same was postponed until the next day and a reading of the original The Mayor laid before the Council an ordinance --- Page break --- 58 Labor ordinance prescribing what shall Constitute a days labor on all public works of the City and the ways it shall be paid for same The ordinance was read the second time and on motion further consideration of same was postponed until the next regular meeting of the Council Culvert over Newrings The Mayor laid before the Council an ordinance Branch appropriating the sum of $450.00 for the purpose of Constructing a stone Culvert over Newnings Branch in Fair View Park. The ordinance was read the first time and on motion of Alderman Maddax moved to amend the ordinance by striking out the word 'stone' therefrom it was laid over on appeal and adopted. The ordinance was then passed under suspension of the rule by the following Vote Yeas Aldermen Crocker, Haynes, Hene, Macken, Maddax Müller, Nitschke, Redd, Schneider, Shelley, Shumate Smith, Wülich. Nays none. New Business $500. to indemnify By Alderman Maddax An ordinance appropriating Littlefield & Howe the sum of $500.00 for the purpose of indemnifying draymen George Littlefield and H. Howe as sureties on the injunction bond of the City in Case of the City of Austin Vs. Anton Eig, Secretary & Association. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crocker, Haynes, Hene, Macken Maddox, Müller, Nitschke, Redd, Schneider, Shelley Shumate, Smith, Wülich Nays none. Vans, express wagons By Alderman Hene An ordinance prohibiting etc. prohibited from the owners, drivers or persons in charge of moving standing on Certain Vans, express Wagons, Vehicles from which wood, fruit streets vegetables or other goods or produce of any character whatever are sold by retail from the same and upon Vehicles to stand for the purpose of Vending same on Certain portions of Certain streets of the City. Read the first time and on motion laid over until the next regular meeting of the Council. $300. for extra labor By Alderman Nitschke An ordinance appropriating the sum of $300.00 for the purpose of paying for extra labor services. The ordinance was read the first time and on motion the rule was suspended and the ordinance passed on its second reading by the following Vote Yeas Aldermen Crocker, Haynes, Hene, Macken, Müller, Nitschke, Redd, Schneider, Shumate, Smith, Wülich Nays Alderman Maddax --- Page break --- The ordinance was read the second time Alderman Vitoschke moved to amend same by adding "to be expended under the supervision of the street Committee & City Engineer" The Amendment was adapted and the ordinance passed under suspension of the rules by the following Vote Yeas Aldermen Crooken, Haynes, Hume, Macken Miller, Vitoschke, Reed, Shelley, Shumate, Smith & Veit 11 Nays Alderman Waddell / $100. for chain W. 18th By Alderman Crooken an ordinance appropriating St. the sum of $100.00 for improving West 18th street from West Avenue to Shoal Creek. The ordinance was read the first time and on motion was referred to the street Committee Ordinance regulating By Alderman Shumate An ordinance regulating the Police dept. Police dept of the City of Austin. Read the first time and on motion referred to the ordinance Committee By Alderman Hume An ordinance extending the bound limits of the City of Austin. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken, Haynes, Hume, Macken Waddell, Miller, Vitoschke, Reed, Shelley, Shumate Smith & Veit 12 Nays None On motion the Council adjourned J.B.O. Johnson City Clerk