Regular Meeting of the City Council Austin, Texas, August 17, 1903 Hon A.G. White mayor, presiding Roll called Present Aldermen Crooks, Kayser, Suma, Wackes, Maddox, Miller, Nitsches, Schroeder, Shelley, Shumate, Smith, Thiel 12 Absent Aldermen Moore & Reed 2 On motion the minutes were approved as read by the clerk, without reading. Petitions, memorials, etc. J. W. Wallace for pay By Alderman Shumate, Pet. of Jas. C. Wallace while sick. asking pay while sick. Read and on motion referred A. Murray & to the Fire Committee. Frank Preece for By Alderman Smith, Petitions of Frank Preece pay while sick and Anderson Murray for salary while sick. Read and on motion referred to the Committee on claims and accounts. Mrs. R.W. Clefasy By Alderman Smith Petition of Mrs. R.H. Clefasy to refund pound fees asking to have certain pound fees refunded Read and referred to the claims and accounts Committee. Mrs. Vina Roberts By Alderman Wacken Petition of Mrs. Vina Roberts to refund pound fees asking to have pound fees refunded. Read and on motion referred to the claims and accounts Committee. Protest of citizens By Alderman Maddox - Protest of citizens against against change in change of Pound limits. Laid over to come up Pound limits with ordinance on the subject. By Alderman Crooken. Application of L.R. Day L.R. Day for leave of for leave of absence. On motion leave was granted. Absence. Reports of City Officers Reports by officers The Mayor laid before the Council the report of the City Treasurer for the month of July, which was by motion referred to the Finance Committee without reading. Reports standing Com. Reports of Standing Committees Alderman Maddox for the Finance Committee to Finance on ordinance whom was referred an ordinance appropriating to purchase lots & the sum of $1580.00 for the purpose of purchasing lots buildings North Austin and buildings from North Austin Home No. 6 presented Home No. 6 a report recommending the passage of the ordinance On motion the report was adopted. On an Ordinance to Alderman Maddox for the Finance Committee build Wall South to whom was referred an ordinance appropriating Austin Home & the sum of $250.00 for the purpose of erecting a wall Austin Home No. 7 presented a report recommending the passage of the Ordinance On motion the report was adopted. --- Page break --- 76 On ordinance Alderman Maddox for the Finance Committee to appropriating $25.⁰⁰ whom was referred An ordinance appropriating the Month to pay rent to sum of $25.⁰⁰ per month to pay rent of North Austin North Austin Hose Co. Fire Hose. presented a report recommending that the ordinance do not pass. The report was adopted. Alderman Redd entered the Council Chamber. Ex Alderman Jackson On motion of Alderman Nibsole, ex. Alderman invited to seat in council J.A. Jackson was invited to a seat within the bar of the Council Chamber Alderman Schneider for the Fire Committee to whom was referred the matter of awarding a new Fire Committee that Bell Flower that they had awarded the contract for same to Calkins contract Bell Flower & Sips. On motion the report was adopted. Alderman Haynes for the Committee on Claims and Claims & accounts on accounts to whom was referred the petition of A. Walrows petition A. Walrows to asking to have certain Pound fees refunded, presented a refund Pound fees. report recommending that the sum of $3.⁰⁰ be refunded him. On motion the report was adopted. Cemetery on report of Alderman Uhl for the Cemetery Committee to Sexton whom was referred the report of the City Sexton for the Month of July 1903, presented a report stating that same had been examined and found Correct On motion the report was adopted. Unfinished business Alderman Shelley President of the Council in the Chair. The Chair laid before the Council the following special Message from the Mayor. Austin Texas, Aug 7th 1903. To the Board of Aldermen of the City of Austin: Gentlemen: Mayors Veto I return you herewith without my Children Ordinance approval an Ordinance passed by your Honorable body on Aug 3rd 1903, and entitled "An Ordinance regulating the presence of Children under the age of Seventeen years on the streets, Alleys, Sidewalks and other public places of the City After Night" I agreed to the fullest extent with the idea that the streets, Alleys, sidewalks and other public places are that proper resorts for children of tender age after night; And, that the consequences of their presence in such places without the restraining influence of parents or guardians are apt to be demoralizing to the children But I do not think that the enactment of a penal ordinance, such as that under. --- Page break --- Consideration, is the proper method of correcting the evil, or that the enforcement of its provision would produce improved results. It is the legal as well as the Natural duty of parents and guardians to exercise control over children, committed to their custody, for all purposes essential on proper to the physical, mental and moral welfare of such children. In my opinion Municipal governments exceed their proper and legal functions when they undertake the discharge of these parental duties. But even if the propriety of governmental interference in such matters be conceded as a general principle, then enforcement of a particular ordinance under consideration would result in greater injury to the children affected than does the present state of affairs. The ordinance provides that the Municipal police shall arrest and imprison those children who violate its terms. The offender would thus be thrown into the society of the most depraved and degraded class of criminals In order to remove the child from the possibility of evil contamination, it is proposed to subject it to the certainty of worse contamination in the city prison. The plan proposed for the Reformation of the child would thus in my opinion insure its ruin. The atmosphere of the Police Court and associations of the city Jail can no more reform the morals of the children than can the control and supervision proposed to be exercised by the Policeman and Police Judge prepare the necessity for Parental care and love. For these reasons I cannot agree to the ordinance Aug 9/03. A. E. White Mayor Veto sustained. An Alderman Croken moved that the vote by which the ordinance mentioned in the Veto of the Mayor was passed, which motion prevailed. Alderman Croken moved that the Ordinance do now pass, Notwithstanding the Mayors objections, which motion was lost by the following Vote. Yeas Alderman Croken, Kuno & Maddox 3 Nays Alderman Haynes, Waaker, Willen, Hitschke Rodd, Schneider, Shelley, Shumaker, Smith, Whet 10 The chair laid before the Council an ordinance Amending Act 129 of the Revised Penal Code. --- Page break --- 78 Pound Ordinance laid The ordinance was read the Second Time and on the table on motion of Alderman Crooker was laid on the table Alderman Wadding presented a Communication City attorney report on from the City Attorney in reference to Taxes claimed County Tax on all water to be due by the County on property purchased from the water property purchased by the Water Company – The Communication was read and on City motion was ordered filed Leave of Absence granted In motion the City attorney was granted a City Attorney leave of Absence from Aug 21 to Sept 26 1903 while in the Chain Mayor $1500. to purchase lots The Mayor laid before the Council an ordinance in buildings North Austin appropriating the sum of $1500°° for the purpose of Store Co. purchasing the lots and improvements belonging to Passed North Austin Store Co. # 6. The ordinance was read the second Time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes Hume Wacker Maddox Miller Nibscule Redd Shelley Shumate Smith & Weib 12. Nays None $2500. to build Hall The Mayor laid before the Council an ordinance for South Austin Fire Co. appropriating the sum of $2500°° for the purpose of Passed building a Hall for South Austin Fire Company #5 The ordinance was read the Second Time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker Haynes Hume Wacker Maddox Miller Nibscule Redd Shelley Shumate Smith & Weib 12. Nays none $100. for Cutting weeds By Alderman Smith Haynes & Crooker, an ordinance in streets. appropriating the sum of $100°° for the purpose of removing weeds from the streets and alleys of the City – The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes Hume Wacker Maddox Miller Nibscule Redd Shelley Shumate Smith & Weib 12. Nays None $25°° for Cutting By Alderman Moore An Ordinance or opening up Navasota appropriating the sum of $25°° for the purpose Street of opening Navasota Street where it intersects Passed Garden Street. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooker Haynes Hume Weib, Wacker, Maddox, Miller & Nibscule Redd Shelley Shumate Smith & Weib 12. Nays None --- Page break --- 79 $350.⁰⁰ Culverts By Alderman Wheeler an ordinance appropriating Newnings Branch the sum of $350.⁰⁰ for the purpose of finishing Culvert across Newning Branch. The ordinance was read the first time and on motion the rule was suspended and the ordinance placed on its second reading by the following Vote Yeas Aldermen Crooker, Haynes, Hime, Wackon Maddox, Miller, Nitschke, Redd & Shelley, Shumate Smith & Wilt - 12 Nays Alderman Schneider 1 The ordinance was read the third time. Amended Alderman Maddox moved to amend same by adding after the last word in the ordinance the following "the work to be done by Contract". The amendment was adopted by the following Vote Yeas Aldermen Crooker, Haynes, Hime, Wackon Maddox, Miller, Nitschke, Redd & Shelley, Shumate Smith and Wilt 12 Nays Alderman Schneider 1 Passed The ordinance was then passed by the following Vote Yeas Aldermen Crooker, Haynes, Hime, Wackon, Maddox Miller, Nitschke, Redd, Shelley, Shumate, Smith&Wilt 12 Nays Alderman Schneider 1 On motion Alderman Schneider was excused from further attendance at this session of the Council. $30. for Cutting By Alderman Wilt an ordinance appropriating weeds & cleaning the sum of $30.⁰⁰ for the purpose of removing weeds and cleaning ditches, also to purchase locks for cleaning gates. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes, Hime, Wackon, Maddox Miller, Nitschke, Redd, Shelley, Shumate, Smith & Wilt - 12 Nays None. Marshall directed Alderman Shelley moved that the Marshal be instructed To put a special officer to place a special officer on duty at night in the City on duty in Cemetery Cemetery, for a short time, which motion prevailed. By Alderman Maddox an ordinance appropriating appropriating the sum of $949.⁴⁸ for the purpose of paying approved accounts The ordinance was read the first time and on motion the rule was suspended and it placed on its second reading by the following Vote Yeas Aldermen Crooker, Haynes, Hime, Wackon, Maddox, --- Page break --- Miller Nitsche Redd Shelley Shumate Smith Ulith 12 Nays None The ordinance was read the second time Alderman Crooker moved to Amend same by inserting "For J.C. Maddox for salary while sick $8.00" The Amendment was Cast by the following Vote Yeas Alderman Crooker Haynes Redd Smith 4 Nays Alderman Hume Machen Maddax Miller Nitsche & Shelley Shumate Ulith 8 On motion Alderman Redd was excused from further Attendance at this session of the Council. On motion the rule was suspended and the ordinance appropriating money to pay approved accounts was placed on its third reading by the following Vote Yeas Alderman Crooker Haynes Hume Machen Maddox Miller Nitsche Shelley Shumate Smith Ulith 11 Nays None. The ordinance was read the third Time Alderman Maddax moved to Amend Same by inserting "to pay S.S. Smith & G.W. Carleton for $8.00" The Amendment was adopted by the following Vote Yeas Alderman Crooker Haynes Hume Machen Maddax Miller Nitsche Shelley Shumate Smith Ulith 11 Nays None. The ordinance was passed by the following Vote Yeas Alderman Crooker Haynes Hume Machen Maddax Miller Nitsche Shelley Shumate Smith Ulith 11 Nays None. Approved as street dept. Alderman Maddax an ordinance appropriating that sum of $599.63 for the purpose of paying approved accounts street dept. The ordinance was read the first time and on motion the rule was suspended and the ordinance placed on its second reading by the following Vote Yeas Alderman Crooker Haynes Hume Machen Maddax Miller Nitsche Shelley Shumate Smith Ulith 11 Nays None. The ordinance was read the second time. Alderman Haynes moved to Amend same by adding "and pay for services in making plans & specifications for storm Sewer $150.00" Alderman Maddax moved as a substitute that the rate of the same rate as was paid out Engineer Campbell for similar services, which would be $10.50 Alderman Haynes withdrew his motion, and the Motion of Alderman Maddax was adopted by the following Vote --- Page break --- 81 Yeas Aldermen Crooker Hume macken Maddas Miller Nitocke Weit Nays Aldermen Haynes shumaté Smith 7 The ordinance as amended was then passed by the following Vote Yeas Aldermen Crooker Haynes Hume macken Maddas Miller Nitocke Shelley shumate Smith & Weit 11 Nays None. Passd By Alderman Nitocke an ordinance appropriating the sum of $400.00 for the purpose of paying for extra Street labor and Teams. The ordinance was read the first time and on motion the rule was suspended and the ordinance placed on its second reading by the following Vote Yeas Aldermen Crooker Haynes Hume macken Maddas Miller Nitocke Shelley shumate Smith & Weit 11 Nays None 1/400. Extra St The ordinance was read the second time Labor Alderman Shelley moved to amend the ordinance by adding "To repair West 12th Street from Rio Grande to Blaine street $150.00" The amendment was adopted by the following Vote Amended. Yeas Aldermen Crooker Haynes Maddas Miller Shelley shumate Smith V Nays Aldermen Hume macken Nitocke & Weit 7 Alderman Shelley moved to suspend the rule and place the ordinance on its third reading which motion was lost by the following Vote Yeas Aldermen Crooker Haynes Hume macken Maddas Miller Shelley shumate Smith & Weit 9 Nays Aldermen Nitocke & Weit 2 Invitation to Labor By Alderman Smith an invitation from the Day Celebration Committee in charge of the Labor day celebration inviting the Council to be present and join in the Parade to be had on Sept 7 1903 I On Motion the invitation was accepted, and the thanks of the Council extended to same. On Motion the Council adjourned Geo. Johnson City Clerk