61 Regular meeting of the City Council Austin, Texas, July 20, 1903 Hon R.E. White Mayor, presiding Roll Called Present Aldermen Crocken, Staynes, Maddax, Nitschke Road, Schmerder, Shelley, Shumate, Smith & West 10 Absent Aldermen Huchmacker, McLean & Moore 4 On motion the minutes were approved as read by the clerk without reading. Petitions (Petitions, memorials etc) By Aldermen Maddax, petition and proposition of R.S. West, for refacing bridge on W. 7th Street Street work On motion the matter was referred to the street committee. Reports of City Officers Reports City Officers The Mayor laid before the Council the report of the City Marshal for the month of June 1903, which was on motion referred to the Police Committee Standing Commi- Reports of Standing Committees Alderman Maddax for the Finance Committee presented the following report. Austin, Texas, July 17th 1903 Hon R.E. White Mayor and Board of Aldermen of the City of Austin: Gentlemen: Your Committee on Finance beg leave Finance to report the exchange under the New York agreement Exchange of of the following described bonds. Viz: -Bonds. Refunding bonds Nos 125 to 164, both inclusive, dated Jany 1st 1901, each for $500- being a total of $20.000. High School Bonds Nos 37. to 90, both inclusive, dated August 1st 1899, for $500- each, which said High school bonds together with Coupons Nos 5 to 41 both inclusive, we hand you herewith. We also beg to hand you Coupons Nos 1. 2. 3 & 4. each for $7.50 which we detached from each refunding bond and paid, on the 1st of 164 Coupons, making a total amount of twelve hundred dollars, which we paid in warrant No 4680. in favor of the Austin Nat Bank We beg to hand you herewith the said High School Bonds and Coupons, also the 160 Coupons which we detached from and paid on the said refunding- bonds, for such disposition as you deem proper. Respectfully submitted B. W. Maddax J. P. Schmerder Finance Committee --- Page break --- 62 Alderman Shelley moved that the report be received and referred to a Special Committee with instructions to report at the next regular Meeting of the Council, which motion prevailed. Alderman Haynes for the Committee on Claims and accounts, to whom was referred the petitions of T.A. Brodine, E.C. & Geo. Johnson, Mrs. McIntire and Williams to have fees refunded presented reports recommending that the petitions be that granted. On motion the reports were adopted. Sanitary J.L. Maddox Alderman Shute for the Committee on Sanitation for pay while sick Sewerage to whom was referred the petition of J.L. Maddox for salary, as driver of Sanitary Cart, while sick, presented a report recommending that the petition be granted The report of the Committee was adopted by the following Vote Yeas Aldermen Brooks, Haynes, Willcox, Redd Shute, Smith, Weilit. 7 Nays Aldermen Maddox, Schneider, Shelley. 2 Alderman Wacker & Willcox entered at the Council Chamber Special Coms Reports of special Committees Streets etc. on Alderman Nitsche for the Streets Committee, and the plans & specifications City Engineer presented the following report. for storm Sewer Austin, Texas, July 20th 1908. Hon A.P. White Mayor and Board of Aldermen of the City of Austin. Gentlemen! Your Committee on Streets and City Engineer, who were directed to prepare plans and specifications for storm sewer and leave to report that after consultation with the Mayor thought best to confer with and if possible to procure the services of Mr. John B. Hawley of Fort Worth, Texas We therefore requested him to come to Austin, which he did and submitted the attached propositions which we unanimously recommend be accepted. J.B. Nitsche J.L. Maddox W.S. Lee City Engineer Committee on Streets and City Engineer Austin, Texas, July 1st 1908 Hon J.B. Nitsche Chairman Street Committee, and W.S. Lee City Engineer Austin, Texas Gentlemen! In matter of your proposed Storm Sewer --- Page break --- on Congress Avenue I hereby propose to prepare plans and specifications for the work with two alternative materials of construction besides brick, and to make four trips of inspection of the work during construction for the sum of Five Hundred Dollars. You to furnish me three per cent of the cost of the work. levels and other data necessary to properly designing the work. Respectfully, John B. Hawley Fort Worth, Texas, July 18th 1908 Hon Frank Mr. Maddon Austin, Texas. Dear Sir: Referring to the Congress Avenue matter, I am inclined to think that it will be best for me to send my assistant to Austin to run the levels, and collect the other data I will need. I can therefore say to the City Council that I will furnish them these without cost to the City, to do the preliminary leveling &c. You to simply furnish him a rodman. Respectfully, John B. Hawley Unfinished business On motion of Alderman Shelley the report was passed temporarily. Unfinished business Curfew ordinance The Mayor laid before the Council an ordinance regulating the presence of children on the streets and alleys of the City after night. The ordinance was read the third time. Alderman Madden moved to reconsider the vote by which the ordinance was passed to its third reading which motion prevailed. Amended Alderman Schneider offered the following amendment: Amend by adding the words "children the age of Sixteen Years" after the word "children" and after the word "minor" wherever either of said words occur in the ordinance. The amendment was adopted, and a motion made to suspend the rule and place the ordinance on its third reading, was lost by the following vote Yeas Aldermen Crookes, Madden, Waddell, Shumate, Jemison & Weih — 6 Nays Aldermen – Hynes, Miller, Hitchcock, Reed, Schneider, Shelley — 6 The Mayor laid before the Council an ordinance prescribing what shall constitute a day's work on all public works of the City. The ordinance was read its first third time. Alderman Crookes moved to reconsider the vote by which the --- Page break --- 64 amended. ordinance was read the third time which motion prevailed. Alderman Crooken moved to amend the ordinance by inserting after the last word in Section 1 the following, Viz: "All Teams used on City works shall work 8 hours per day, and receive in payment for same $3.00 per day including driver." The amendment was adopted by the following Vote Yeas Alderman Crooker, Haynes, Macken, Redd, Smitt, Witshke, Roda, Schneider, Shumate, Smitt, Witsh ' Nays Alderman Shelley. Carried. The Ordinance was read the third time and passed by the following Vote Yeas Alderman Crooker, Haynes, Macken, Redd, Hay, Miller, Woods, Radd, Schneider, Shumate, Smitt, Weit. Nays Alderman Shelley. 11 Alderman Shelley, President of the Council in the Chair Ordinance The chair laid before the Council an Ordinance increasing increasing salary of the Salary of the Pound Master, and stated that same Pound Master. was open for Amendments. Alderman Smitt offered the following amendment add after the word "Pound Master" in the caption & in section 1 of the ordinance the words "and Police Clerk," also by striking out section 2, and inserting in lieu thereof the following. "That the sum of $140.00 on so much thereof as may be necessary is hereby appropriated out of any money in the General fund not otherwise appropriated for the purpose of paying said increase of $10.00 per month in the Salaries of Pound Master and Day Police Clerk for the remaining fiscal year." Alderman Witshke moved that the Amendment be referred to the Finance Committee which Motion was lost by the following Vote Yeas Alderman Maddas, Miller, Witshke, Schneider. 4 Nays Alderman Crooker, Haynes, Macken, Redd Shumate, Smitt, Witsh, Miller. 8 Alderman Witshke moved to lay the amendment Laid on table on the table which was lost by the following VoteSubject to Call. Yeas Alderman Maddas, Miller, Witshke, Schneider. 4 Nays Alderman Crooker, Haynes, Macken, Redd Shelley, Shumate, Smitt, Witsh. 8 An motion of Alderman Crooken the ordinance was laid on the Table Subject to Call. Ordinance to regulate The Chair laid before the Council an ordinance speed of automobiles on to regulate the speed of Automobiles on the bridge the bridge over the & over the Colorado River. The ordinance was Colorado River. read the second time. Alderman Witshke moved to amend same by striking out in Section 1. wherever the occurs the word "three" and inserting in lieu. --- Page break --- thereof, the word "five" which motion prevailed. The ordinance was then passed under suspension of the rules by the following vote. Yeas Aldermen Eroken Haynes Macken Maddox Millan Nitschke Redd Schneider Shelley Shumate Smith Tuelit Nays none. 12 The Chair laid before the Council an ordinance prohibiting the owners, drivers or persons in charge of Moving Vans, express wagons, etc. from standing on Certain streets of the City of. The ordinance was passed under suspension of the rules by the following vote. Yeas Aldermen Eroken Haynes Macken Miller Nitschke Redd Schneider Shelley Shumate Smith Nays none. 11 The Chair laid before the Council a communication, Message from the Mayor, Vetoing an ordinance extending the pond limits of the City of Austin, which was read. Alderman Eroken moved to reconsider the Vote by which the ordinance was passed, which motion prevailed. Alderman Eroken moved that the ordinance do now pass notwithstanding the Mayors objections, which motion was lost by the following vote. Yeas Alderman Maddox Nays Aldermen Eroken Haynes Macken Miller Nitschke Redd Schneider Shelley Shumate Smith Tuelit 11 The Chair laid before the Council a message from the Mayor vetoing an ordinance Granting the Houston Texas Central Railroad the permission to build a Commercial Switch on track in the Alley in Blocks Nos 30 & 42 and to cross fourth Street Oak the intersection thereof, in the City of Austin. Alderman Eroken moved to reconsider the Vote by which the ordinance was passed, which motion prevailed. Alderman Eroken moved that the Ordinance do now pass, notwithstanding the Mayors objections, which motion was lost by the following vote. Yeas none. Nays. Aldermen Eroken Haynes Macken Maddox Miller Nitschke Redd Schneider Shelley Shumate Smith Tuelit 12 A motion the report of the Street Committee & City Engineer on plans specifications for Storm Sewer was taken up. and the report read again. Alderman Macken moved that the report be adopted and that the Street Committee & City Engineer with --- Page break --- 66 the mayor be authorized to contract with Wm John Rodley for the plans and specifications for said Sewer. as to amount to be paid him in base his plans are not used by the Council in the Construction of said Sewer. which motion was adopted by the following vote Yeas Aldermen Crooker Macken Weider Whitsett Redd Shumate & the Mayor 7 Nays Aldermen Haynes Schiller Johnson & Shelley 6. Motion lost. New business Austin Dam & Suburban Railroad ordinance Amended Alderman Johnson Shelley an ordinance repealing Section 5. and amending Sections 6.7.8 & 9 of an ordinance entitled "An ordinance granting the Austin Dam & Suburban Railway Company the right to operate its railroad by electricity or steam, or both, upon certain conditions, Covenants and Considerations upon certain streets of the City of Austin" passed July 6" and approved July 10" 1903. The ordinance was read the first time Alderman Waddell moved that it be referred to the Ordinance Committee which motion was lost by the following vote Yeas Aldermen Waddell & Schneider 2 Nays Aldermen Crooker Haynes Macken Weider Whitsett Redd Shelley Shumate Frith & Weil 10 On motion the rule was suspended and the Ordinance placed on its second reading by the following vote Yeas Aldermen Crooker Haynes Macken Weider Whitsett Redd Shelley Shumate Frith & Weil 10 Nays Aldermen Waddell & Schneider 2 The Ordinance was read the second time Alderman Waddell moved that the ordinance be read and acted upon by Sections, which motion prevailed by the following vote Yeas Aldermen Crooker Macken Waddell Johnson Shelley Shumate Whitsett 7 Nays Aldermen Haynes Weider Schneider Redd Frith 5 Section 1. Was read and adopted by the following vote Yeas Aldermen Crooker Haynes Macken Weider Whitsett Redd Shelley Shumate Frith & Weil 10 Nays Aldermen Waddell & Schneider 2 Section 2. first part, was read and adopted by the following vote Yeas Aldermen Crooker Haynes Macken Weider Whitsett Redd Shelley Shumate Frith & Weil 10 Nays Aldermen Waddell & Schneider 2 Section 3. Second or Section 5. read and adopted by --- Page break --- the following Vote Yeas Aldermen Crooker, Kayner, Macker, Miller Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Aldermen Maddax & Schneider – 2 Section 7. (sic) and adopted Yeas Aldermen Crooker, Kayner, Macker, Miller Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Aldermen Maddax & Schneider – 2 Section 7 (sic) was read and adopted by the following Vote Yeas Aldermen Crooker, Kayner, Macker, Miller Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Aldermen Maddax & Schneider – 2 Alderman Shelley moved that the ordinance be adopted as a whole, which motion prevailed by the following Vote Yeas Aldermen Crooker, Kayner, Macker, Miller, Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Aldermen Maddax & Schneider – 2 Alderman Mitsouke moved that the rule be suspended and the Ordinance placed on third reading and final passage, which motion prevailed by the following Vote Yeas Aldermen Crooker, Kayner, Macker, Miller, Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Aldermen Maddax & Schneider – 2 Passed The Ordinance was read the third time and passed by the following Vote Yeas Aldermen Crooker, Kayner, Macker, Miller, Mitsouke, Redd, Shelley, Shumate, Smith & Meih – 10 Nays Alderman Maddax & Schneider – 2 Extra street labor By Alderman Mitsouke an ordinance appro$300. priating the sum of $300. for the purpose of paying for extra Street Labor & Debris – The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Kayner, Macker, Maddax, Miller, Mitsouke, Redd, Schneider, Shelley, Shumate, Smith & Meih – 12 Nays None. By Alderman Wight an ordinance amending Article 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 By Alderman Mitsouke an ordinance appropriating --- Page break --- 68 $75. To repair instruments the sum Engineers dept- office. The Ordinance was read the first and on motion was referred to the Ordinance Committee. By Alderman Schneider An Ordinance amending Ord amending art. 83 Article 83 of the Revised Penal ordinances of the City of Ordinances (weeds) The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brooken Nagner Wacker Maddox Passed Miller Nitschke Redd Schneider Shelley Shumate Smith Weit- 12 Nays none. $250. to build Bell Tower By Alderman Schneider An Ordinance appropri -ating the sum of $250.00 for the purpose of building a Bell Tower at the City Hall. Passed The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Nagner Wacker Maddox Miller Nitschke Redd Schneider Shelley Shumate Smith Weit- 11 Nays Alderman Brooken 1 $50. for cutting weeds in By Alderman Weit An Ordinance appropriating Cemetery the sum of $50.00 for the purpose of cutting weeds in the City Cemetery. Passed The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brooken Nagner Wacker Maddox Miller Nitschke Redd Schneider Shelley Shumate Smith Weit- 12 Nays None. $100. for cutting weeds By Alderman Smith Nagner & others an Ordinance on streets & alleys appropriating the sum of $100.00 for the purpose of cutting weeds in the streets and Alleys of the City Passed. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brooken Nagner Wacker Maddox Miller Nitschke Redd Schneider Shelley Shumate Smith Weit- 12 Nays None. Electric Fan Alderman Shelley offered a resolution authorizing Assessor's Office the Assessor & Collector to put in an electric fan in his office. The resolution was read and on motion of Alderman Nitschke was referred to the Ordinance Committee. by the following Vote Yeas Aldermen Miller Nitschke Redd Schneider Smith Weit & the Mayor 7 Nays Aldermen Brooken Nagner Wacker Maddox Shelley Shumate 6 Alderman Shumate presented the following --- Page break --- Communication and resolution Mr. W. Shumate Austin, Texas, Dear Mr. Shumate, I beg to thank you for the kindly and complimentary expressions contained in your of July 6th which has just reached me I am ready at any time to make a dead to the property in question and you are at liberty to take the matter up with the City Council It is my notion that it is to be a playground in the proper sense it ought to be in the hands of Trustees - One to be appropriated by the School Trustees - One by the City Council and one by the Young mens Christian Association and I would like to everybody in the city to heed this condition When I return in the fall I will confer with you regarding the laying off the grounds for tennis, basket ball, base ball and other athletic sports and I will be willing to advance as much as five hundred (500) dollars for this purpose. If the Council considers the matter favorably you may have Judge Fulmore for a deed to the City embodying the conditions suggested regarding the trustees and I will sign it immediately. My amanuensis of my office will be able to give Judge Fulmore the necessary data for the making of the deed I would be particularly glad if you would take this matter up quickly, so that there may be as little publicity, as far as possible for a do not court newspaper notoriety Thanking you in advance for your generous interest I am Sincerely yours W.S. House Magnolia place, July 14th 1903. Communication from W. Shumate donating land for Park purposes Resolution Resolution accepting House's proposition Whereas the Honorable W.S. House, by letter of date July 14th 1903, addressed to this Council, has offered to donate to the City a certain tract of about five acres of land adjoining Peace Park, and to make a cash donation of as much as five hundred dollars for the purpose of laying off the grounds to be located, for tennis, basketball, baseball and other athletic sports, which letter is herewith attached, and, Whereas the Council desires to accept on behalf of the City, the offer Therefore be it resolved by the City Council of the City of Austin --- Page break --- Section 1 That the offer of the Honorable E. R. Worrell as Contained in the letter hereto attached, be and the same is hereby accepted by the Council, acting for, and on behalf of, the City of Austin; and that the Mayor of the City of Austin be and is herein authorized and instructed to represent the City, in all particulars necessary, or proper to the Consummation of said offer and acceptance of said donations. Section 2. The Council hereby tenders the thanks of the City to the Honorable E. R. Worrell for his generous and public spirited gift, and on behalf of the people of the City, expresses to him its great appreciation for the same. Section 3. That the City Clerk be, and he is hereby, directed to transmit to Mr Worrell a properly authenticated copy of this, resolution. The resolution was unanimously adopted Pay approved accounts By Aldermen Maddox An Ordinance appropriating the sum of $1077.55 for the purpose of paying Approved accounts. The Ordinance was passed under suspension of the Rules by the following Vote Yeas Aldermen Brooke, Haynes, Maucker, Maddox, Nitschke, Redd, Schneider, Shelley, Shumate Smith, Wiet Nays None 12 Approved accounts By Aldermen Maddox An Ordinance appropriating Street dept the sum of $477.68 for the purpose of paying approved accounts Street dept. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Brooke, Haynes, Macker, Maddox, Nitschke, Redd, Schneider, Shelley, Shumate Smith, Wiet Nays None 12 On motion the Council adjourned Geo Johnson City Clerk