97 Regular meeting of the City Council Austin, Texas, Hon R. C. Shelley President of the Council presiding October 19, 1903. Roll Called Present Aldermen Crocken Maddox Mitsche Aldermen Shelley Shumate & Smith 8 Absent Aldermen Haynes Hune Wulson Moore Read & Heil 6 On motion of Alderman Schneiden the Council adjourned until 8 o'clock Thursday, Oct 22nd 1903 R. A. Johnson City Clerk Adjourned regular meeting of the City Council Austin, Texas, Oct 22nd 1903 Hon R. E. White Mayor, presiding, Roll Called Present Aldermen Haynes Maddox Shelley, Wilson Moore. Reid & Schneiden Shelley Shumate Smith Heil 11 Absent Aldermen Crocken Hune & [illegible]s 3. On motion the minutes were approved as recorded by the clerk, without reading. Reports Standing Reports of Standing Committees Committees. Alderman Maddox for the Finance Committee submitted the following Reports Street & morals – Austin, Texas Oct 22nd 1903 To the Hon Mayor and Board of Aldermen of the City of Austin: Finance exchange - Gentlemen: -Bonds & payment Your Committee on Finance beg to hand of Coupons. you for your verification and such disposition as you deem proper the following Coupons from refunding bonds of the City of Austin, Texas, dated July 1st 1903, and due January and July 1st 1908, which Coupons have been paid by your City Treasurer by him turned over to your Finance Committee, Viz: Coupons No 8. due January 1st 1908 2 Coupons from bonds 91 & 92 each for $7.50 - $15.00 15 " " from " " 638, 708, 808, 812, 815, 816, 819, 821, 855, 1061, 1108, 1170, 1558 each for $7.50 $225.00 Coupons No 4. due July 1st 1908. 119 Coupons each for $7.50 from bonds "1789 to 1873 inclusive" $892.50 (except Nos 70. 83. 84. 85 & 86) 85 Coupons for $7.50 each from bonds "1789 to 1873 inclusive" $637.50 748 Coupons for $10.00 " " " " "51. 140" $7480.00 " " " " " (except Nos 638 & 67)" --- Page break --- 98 295 Coupons each for $15.00 from bonds Nos 1 to 1000 inclusive (except Nos 808, 819, 821, 825 + 871) $4425.00 296 Coupons each for $15.00 from bonds Nos 1001 To 1300 (except 1091, 1092, 1132 + 1133) " $4440.00 146 Coupons each for $15.00 from bonds 1301 To 1450 (except 1378, 1379, 1380 + 1421) " $2190.00 90 Coupons each for $15.00 from bonds 1491 To 1581 (except 1550) " $1350.00 1296. Total $17895.00 F. W. W. Caddell } H. L. Haynes } Committee on J. P. Schneider } Finance Austin Texas, Oct 22nd 1903 To the Honorable A. P. White, Mayor, and Board of Aldermen of the City of Austin Gentlemen; Your Committee on Finance, beg leave to hand you herewith for such disposition as you deem proper the following, Viz: First. Water Works & Electric Light bond No 364 for $1000.00 dated October 1st 1890, with Coupons Nos 124 To 160 both inclusive attached, for which we exchanged Refunding bond No 1550 for $1000.00 dated July 1st 1903, after first detaching Coupons Nos 1.2.3.&4 each for $15.00 Second. The paid $62.50 interest on said No 364 same being interest thereon up to July 1st 1903, for which we handed you Coupons Nos 40, 41, 42, 43 & 44 each for $12.50 which said Coupons we detached and paid when the exchange was made. Third. The paid $60.00 interest on said bond No 1550 same being interest thereon up to July 1st 1903, for which we handed you Coupons Nos 1.2.3.&4 each for $15.00 which we detached and paid when the exchange was made. Fourth. Said interest was paid by warrant No 47 B for $122.50 in favor of the City National Bank of Austin, Texas Respectfully Submitted, F.W.W. Caddell } J. P. Schneider } Committee on H. L. Haynes } Finance. On motion the reports were received and a Committee consisting of Aldermen Willcox, Nalle and Schreiber were appointed to verify, count and report correctly the Coupons and Warrants mentioned. Ordered Aldermen Willcox and Schreiber entered. C. the Minutes read on. x motion adopted on the Finance Committee x motion adopted to verify the report. --- Page break --- 99 Committees, etc., presents the following report, which was read and adopted. Austin, Texas, Oct. 22, 1903. To the Honorable W.C. While Mayor, and Board of Aldermen of the City of Austin. Report of special Gentlemen! Committee. Your special Committee to whom was To verify report of referred a certain report of the Finance Committee Finance Committee of this date together with the duty of destroying the bonds & destroy coupons & coupons therein designated, beg leave to report that they have destroyed in the presence of the Council the following bonds and coupons as described and correctly set forth in said report. (There follows a list of the bond and coupons as recorded in the report of the Finance Committee in pages 97 & 98) Clerk Sgnd W.A. Miller J.A. Dodd J.W. Huson Alderman Shelley for the special Committee appointed July 17, 1903, To verify a report of the Finance Committee of that date, and if found Correct, to destroy the bonds and coupons mentioned therein, present the following report which was read and adopted. Austin, Oct. 22/03 Hon R.C. While Mayor & City Council Gentlemen: Your special Committee to whom was Special Committee referred, the report of the Finance Committee relative Verify report. to exchange of Refunding bonds for High School bonds destroy bonds. have carefully examined the same and beg to report that we find said report Correct and have burned said bonds and Coupons in the presence of the City Council Respectfully submitted D.A. Shelley J.W. Hudson For Committee The following is the report of the Finance Committee Austin, Texas, July 17th 1903 To the Honorable R.C. While, Mayor, and Board of Aldermen of the City of Austin: Finance Committee. Gentlemen: Your Committee on Finance beg leave to report the Exchange under the New York agreement of the following described bonds, Viz: Refunding bonds Nos 125 & 164, both inclusive, dated, July 1st 1901, each for $500.00 being a total of $1000.00 Twenty thousand dollars for High School bonds Nos 51 to 90 --- Page break --- 100 both numbers inclusive, dated August 1st 1899 for $500.ºº each, which said High School 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 $25.ºº which we detached from each Refunding bond and paid or a total of 160 Coupons, making a Total amount paid of Twelve Hundred dollars, which we paid in Warrant No 46 B. in favor of the Austin National Bank. We beg to hand you herewith the said High School bonds and Coupons, also the 160 Coupons which we detached from the said refunding bonds, for such disposition as you deem proper. Respectfully submitted R W Maddon J. P. Schneider Committee on Finance Quarantine Yellow fever proceedings Alderman Kitschke moved to suspend the regular order of business, to hear from Citizens present on the subject of quarantine against Yellow fever, which motion prevailed. Judge L M Oppenheimer at the request of the Council addressed them on the subject. Alderman Kitschke, Maddon and Judge A H Tindall and Oppenheimer and Alderman Esq. be requested to act with the City Attorney in preparing resolutions to be submitted to the Council regarding quarantine etc. against Yellow fever which motion prevailed. Police Committee re City RR to have separate Coaches. Regular order of business resumed. Alderman Shelley for the Police Committee to whom was referred an ordinance requiring Street Railway Companies, doing business within the Corporate limits of the City of Austin, to provide separate Coaches for white and negro Passengers presented a majority report signed by Aldermen Mackin & Miller and a minority report signed by Alderman Shelley. The majority recommending that the ordinance do not pass and the minority recommending its passage. On motion the reports were laid over to come up with the ordinance under the head of unfinished business. Hospital on reports Physician Alderman Redd for the Hospital Committee to whom was referred the Reports of the City Physician and also of the Hospital for the month of Sept 1899 presented a report stating that they had examined Same and found it correct The report was adopted. --- Page break --- 101 Unfinished business The Mayor laid before the Council an ordinance appropriating the sum of $150ºº for the purpose of refraining W 12th Street between Rio Grande & Blanco Streets The ordinance was read the third time On motion of Alderman Shelley, as Mayor By Mayor Hamell Hansell, who was present in the Council Chamber invited seat on was invited to a seat on the rostrum with the Mayor rostrum The ordinance appropriating the sum of $150ºº for the purpose of refraining W 12th Street was then passed by the following Vote: Yeas Aldermen Haynes Miller Moore Redd Shelley Shumate Smith Weil 8 Nays Aldermen Hume Macken Mudday Nitschke Schneider 5 W 12th st work to be Alderman Maddax moved that the work to be done under Contract done on W 12th Street between Rio Grande & Blanco Streets be done by Contract and under the Supervision of the Street Committee, which motion prevailed Separate Street The Mayor laid before the Council an ordinance Car ordinance requiring Street Railway Companies doing business within the Corporate limits of the City of Austin to propose a separate ordinance for Street Railway Companies together with the two reports of the Committee on said ordinance The ordinance was read the second time Alderman Shelley moved to substitute the minority report for the majority report Alderman Schneider moved to lay the whole matter on the Table, which motion prevailed by the following Vote: Yeas Aldermen Hume Macken Miller Moore Nitschke Schneider Shumate Smith 8 Nays Aldermen Haynes Maddax Redd Shelley Weil 5 New Business Killed Yellow fever Alderman Shelley on behalf of the Citizens Committee resolutions & City Attorney presented the following resolution which was read and adopted Be it Resolved by the City Council of the City of Austin that the Sanitary officer is hereby directed forthwith order all persons to clean up and disinfect in a thorough and efficient manner all premises owned or controlled by them; and said officer is hereby instructed to exercise his entire power to see that Said instructions are enforced All citizens are requested to co-operate in the said work and the people of the State are requested to publish the fact that the City of Austin is already rigidly quarantined against the City of San Antonio and all other infected points; Also that the City is in good sanitary condition. --- Page break --- 102 Shimnate Yellow fever excellent Sanitary Condition with absolutely no suspicious cases of sickness Alderman Shimnate offered the following resolution, which was read and adopted Whereas, it has been officially determined that there are several cases of Yellow Fever now in San Antonio, Whereas, it devolves upon this Council to take every precaution to prevent the introduction of the disease into our City, therefore be it resolved 1st That the City Clerk be directed to telegraph at once to the conductors of every train leaving San Antonio tonight and also the train dispatchers of the I & GN R.R. that no one having been in San Antonio in the past two weeks will be permitted to get off the train in Austin whether resident of this City or not. Alderman Shelley moved that Dr. M.A. Dayton be invited to address the Council on the best means of disinfecting the City. adopted, and Dr. Dayton addressed the Council. Alderman Shuma offered the following resolution which was read and adopted Be it resolved that the Mayor of the City of Austin appoint a Citizen from each ward of the City as a Chairman of Sanitary Committee which Chairman shall appoint ten Citizens out of his ward as a Sanitary Committee and the duty of such Committee shall be to inspect the Ward and see that it is in Special Sanitary a clean Sanitary Condition and if they find any Committees in each premises in an unclean condition to have sameward appointed cleaned at the expense of owners of the property, said Committee to serve without compensation. The Mayor appointed the following gentleman as Chairman of their respective wards as provided for in the resolution just adopted for 1st Ward. Jos. R. Petway 2nd “ Geo. W. Childs Esq. 3rd “ Wm. A. Caswell 4th “ J. Kauffman 5th “ Geo. Homsby 6th “ Chas. F. Moore 7th “ Dr. W. N. Watt Alderman Tischeke offered the following resolution which was read and adopted Physicians Comm. Be it resolved by the City Council of the City of Austin formed for that the Mayor is hereby authorized and instructed to appoint an advisory board of Physicians to gratuitously co-operate with the City Physician in devising a plan for the sanitary protection of the City against infection --- Page break --- 103 $1000°° appropriated By Alderman Madden an ordinance appropriating for expenses of the sum of $1000°° for the purpose of protexting the city +quarantine against the introduction of infectious diseases The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Haynes Hume Madden Machen Wilson Moore Nitschke Redd Schneider Shelley Shumate Smith West Alderman Moore offered the following resolution which was read and adopted Garbage & Whereas, the system now employed by the City of Austin Crematory for disposing of its garbage, constitutes a nuisance to the lives and health of its inhabitants; and, Whereas a garbage Crematory could probably be erected by the City at a moderate expense, which would enable such garbage to be disposed of in a rational and Sanitary manner! Therefore Be it resolved by the City Council of the City of Austin That a special Committee be appointed by the Mayor to investigate and report to this body, at the earliest practicable date as to the advisability and probable Cost of a modern and efficient plant for the Cremation of garbage and refuse matter accumulating in the City of Austin The Mayor appointed Alderman Moore, Schneider and Shumate as the Committee provided for in the above resolution Alderman Moore offered the following resolution which was read and referred to the Charity Committee RR Transportation Be it resolved by the City Council of the City of Austin; for paupers. That hereafter no order for Rail road transportation, to be paid for by the City, shall be issued by any officer of the City By Alderman Moore An Ordinance prohibiting Res. Sanitary Sewers the emptying of matter from Sanitary Sewers into emptying in Colorado the Colorado River or any tributary thereof at any River point within the corporate limits of the City of Austin. The ordinance was read the first time and on motion was referred to the Sanitary Committee By Alderman Schneider, resolution directing the Fire Committee & City Engineer to have the roof of the 8th Street Fire Hall repaired. The resolution was adopted $100°° of money By Alderman Wilson An ordinance appropriating for improving the sum of $100°° for the purpose of improving Court streets. Avenue and other Streets in South Austin The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Haynes, Madden, Wilson Moore Nitschke Redd Schneider Shumate Smith West Nays none. --- Page break --- 104 $17.000.00 storm sewer By Alderman Nitsche An ordinance appropriating Congress Avenue that sum of $17.000.00 for the purpose of constructing a storm Water Sewer on Congress Avenue. The ordinance was read the first time and on motion was referred to the Ordinance Committee Alderman Maddox presented the following Commun-nication from the Finance Committee which was read To the Honorable, the Austin, Texas, October 21st, 1903, Aldermen of the City of Austin Gentlemen: Communication from We, your undersigned Finance Committee, Finance Committee to whom is entrusted the duty of preparing and submitting on tax levy 1903 An ordinance levying taxes for the year 1903 have caused to be prepared, and thereby submit for your consideration, such ordinance. The rate of taxation provided in the ordinance for interest and sinking fund on the bonded indebtedness of the City is one (1%) per cent; and we deem it proper in this connection to state, for your consideration our reasons for making such provision. The total bonded indebtedness of the City is $1,617,000.00 Of this amount, $1,265,000.00 has been refunded under the provision of the ordinance of November 4, 1901; and all interest due on such refunded indebtedness has been paid to date. Holders of $317,000.00 of the five (5%) per cent Water and Light bonds of the City have refused to accept refunding bonds in lieu thereof; have procured judgments aggregating approximately $50,000.00 for interest on said bonds; also have filed Mandamus Suits against the City to compel the City to levy taxes for certain past years aggregating in amount the difference between the sums of the rates actually levied for bond purposes during such years and the aggregate rates which would have been levied for such years, had taxes at the rate of 1.16% for bond purposes been imposed annually. We are advised by the City attorney that, in his opinion, the Council cannot be compelled to levy taxes for past years or to make a higher levy in future years in the present or future years in order to provide interest and sinking fund for the bonds in suit. He also advises us that, in his opinion, the final result of the pending Mandamus Suits will be a decree directing the levy of a one (1%) per cent tax for bond purposes for the present year. The making of the annual tax levy for the year cannot be longer delayed. The said question for consideration is, therefore, whether it is more advisable to levy in the Ordinance all taxes which will probably have to be levied in the year 1903, than to levy such taxes, bringing --- Page break --- 105 the medium of two ordinances – the one to be passed at once and the other to be passed at the final termination of the pending mandamus suits We think that all taxes for the year should be levied at one time. No saving or other advantage could result to the taxpayers from the contrary course; but, on the other hand, endless misunderstandings and confusion would be produced. Not only this, but if the legal propositions above stated be correct, a distinct advantage will accrue to the City in its mandamus litigation by the adoption of the course recommended, because it will allow the City to perform its full legal duty in the premises and no mandamus judgement of any character will be entered against it. The holders of the bonds in suit were informed by us prior to the institution of their original suits that the City would voluntarily pay them interest on their obligations at the rate of three (3%) per cent per annum; and that no greater rate could be realized from litigation, because a tax at the maximum rate permitted by law would not net more money than the sum so voluntarily tendered. This offer was declined and the litigation instituted. We believe the result of the litigation will demonstrate the fairness of our offer, and instruct the statements on which it was predicated. A tax of one (1%) per cent for bond purposes, will, on the basis of our present taxable values, net to the holders of our bonds interest at, approximately, the rate of three (3%) per cent per annum. Aside from the reasons above stated, we recommend the levy of a one (1%) per cent bond tax for the year 1903, because we believe such course and the final effect of the mandamus litigation will demonstrate that the City, by so doing, has done all within its power to meet its legal obligations; while the contrary course would lead plausibly to the charge that it has voluntarily assumed the position of a defaulter on its obligations. Respectfully, W.W. Maddox Chairman H.L. Haynes J.P. Schneider The report in the above recommendations R.J. Shule Mayor V.L. Brooks City Attorney By Alderman Maddox an ordinance levying taxes for the year 1903. The ordinance was passed in an suspension of the rules by the following vote — Yeas Aldermen Haynes, Kline, Wencke, Maddox, Weston Wilcox, Reed, Schneider, Shelley, Summate, Smith & Welsh 13 Nays, none. --- Page break --- 106 Croposition Gen'l S. R. Naction By Alderman Haynes, proposition of Gen'l S. D. Section to to change Streets change lines of streets. Read and on motion referred to the Street Committee. $300. extra St. Sewer By Alderman Nitschke An ordinance appropriating the sum of $ 300.00 for the purpose of paying for extra street labor Teams. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Haynes Hume Mackin Quaddar Millen Moore Nitschke Redd Schneider Shelley Shuman Smith Ulrich 13 Nays none. $100. culverts on W 6th St By Alderman Nitschke An ordinance appropriating the Little Shoal Creek sum of $ 100.00 for the purpose of extending Culverts across Little Shoal Creek on W 6th street. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Haynes Hume Quaddar Mackin Millen Moore Nitschke Redd Shelley Shuman Smith Ulrich 12 Nays none. Approved accounts By Alderman Quaddar an ordinance appropriating for pay of. the sum of $ 1049.46 for the purpose of paying approved accounts. The Ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Haynes Hume Mackin Quaddar Millen Moore Nitschke Redd Schneider Shelley Shuman Smith Ulrich 13 Nays none. On motion the Council adjourned Gus. O. Johnson City Clerk