235 Regular meeting of the City Council Austin Texas, November 07, 1904 Hon. R.M. White, Mayor, Presiding Roll Called Present Aldermen Crocker, Haynes, Hune, Macken, Madden Miller, Moore, Vitschke, Read, Schneider, Shelley, Shumate Smith, White 14 Absent None. On motion the minutes were approved as recorded without reading. Petitions etc. C.O. Yates bill for repairs to pipe By the Mayor, bill of C.O. Yates for connecting pipe, etc. which had been disconnected in putting in laterals. Read and on motion referred to the Claims & accounts Committee S.P. Stone Street work The Mayor laid before the Council an account of S.P. Stone for street work in South Austin, which was read and referred to the Street Committee. Proposition Nichols to Compromise Suit The Mayor laid before the Council a proposition of Nichols by his attorneys, to compromise suit against the City for damages, which was read and on motion referred to the Finance Committee and City Attorney. Reports City Officers Reports of City Officers The Mayor laid before the Council the reports of the Assessor & Collector, the Treasurer, the Clerk, the Physician for the month of Oct 1902 & that of the Marshal for Oct. 1902, and the Water & Light Commission for the year ending June 30 1902, which were on motion referred to their appropriate Committees without reading. Reports Standing Com. Hospital Physicians report Reports of Standing Committees Alderman Read for the Hospital Committee to whom was referred the report of the City Physician for the month of Sept 1902, presented a report stating that same had been examined and found Correct. The report of the Committee was adopted. Streets Petition O. Katz Field, etc. Alderman Vitschke for the Street Committee to whom was referred the petition of O. Katz Field to open street in South Austin presented a report recommending that the petition be not granted. The Committee report was adopted. Special Com. Operas Houses Reports of Special Committees Alderman Schneider for the Special Committee on Operas Houses stated that on account of the sickness of the City Attorney the Committee were not ready to report, and asked for more time, which was granted. Fire Escapes Alderman Crocker for the Special Committee on Fire escapes in public amusements presented a report on motion the same which was read and on motion the report was adopted. --- Page break --- 236 A Alderman Summate for the Paving Committee, presented the following report. Austin, Texas, Nov 7. 1904. Paving To the Hon Elective Mayor and Board of Aldermen of the City of Austin: Gentlemen: Your Special Committee on Paving Consisting of A. B. Goth, a C. Wilbers and Iver Hannel, Citizens and J. W. Shumate, John Smith and Geo Schumacher, Aldermen and Rd. L. White, Mayor, exofficio Alderman beg leave to make the following report. The met and were duly organized. Mr J. W. Mr J. W. Shumate, Chairman, presiding. Mr Geo Schumacher was duly elected, Secretary of the Committee and the Paving propositions fully discussed Several important Conferences were held at various Times and the duty of the Committee as well as the best method to persue was Carefully Considered, and after due deliberation it was Considered advisable to have plans, specifications and profile prepared by a Competent Civil Engineer. Vard Yaw, Law & Cawley, of Fort Worth was employed by Your Committee to prepare plans, specifications, profile for, as well as to prepare forms of Contracts and bond for which he is to receive a fee of $300.00 which amount has been appropriated by Your hon body. Mr. Cawley has prepared such plans, etc, and delivered same to this Committee, which plans are entirely satisfactory – Your Committee then advertised for bids for the Paving of Perry Avenue and upon two propositions Proposition Number One of the two propositions provides for the payment to the Contractor by the City for all work to be done. Proposition No Two – on the property owners proposition, provides that Contractor shall deal direct with the property owners street Car Co., Railroad Co., and the City as to payment for their respective parts, all work, however, to be done under the supervision of your Committee and in accordance with the specifications. These bids were to be received until 3.00 Pm Oct 20th at which Time Your Committee received and opened all bids, which were as follows! On Proposition No One Buchman Bros, bid on Sheet Asphalt Paving with a Ten Year guarantee $1.80 pr Square Yard, on Rock Asphalt & Asphalt with ten year Guarantee $1.85 pr Yard. Vitrified Brick with five year Guarantee $2.25 pr Yd. Vitrified Brick without guarantee $2.20. Excavating $.50 per Cu Yard. Allen Brown & Dabney bid on Vitrified Brick with guarantee --- Page break --- $1.90 per sq. yd, Vitrified brick without guarantee, $1.85 per sq. yd. On excavation $1.40 per Cu. yd The Nelson Paving Co. bid on rock asphalt with ten year guarantee $1.85 per sq. yd, and $.45 per cu. yd for excavation Illes Huhnmus Bros, bid on street asphalt with a ten year guarantee $1.85 per sq. yd, on rock asphalt with a ten year guarantee $1.90 per sq. yd, on Vitrified brick with five year guarantee $2.20 per sq. yd, Vitrified brick without guarantee, $2.25 per sq. yd, and on excavation $.45 per cu. yd. Illes Huhnmus & Dabney bid on Vitrified brick without guarantee $2.00 per sq. yd, and on excavation $.45 per cu. yd. Upon carefully considering the said bids and the merit of the respective material bid upon your Committee respectfully recommends the acceptance of the bid of Illes Huhnmus & Dabney on proposition No Two, using Vitrified brick without guarantee, they being the lowest bidders Your Committee after investigation have come to the conclusion that the extra expenditure of ten cents per sq. yd for the guarantee on brick is unnecessary, as we are informed by Thurberley and other competent judges that the repairs on brick paving will not amount to ten cents per sq. yd. for the guarantee during five years. We sincerely hope that your Honorable Body will concur in two recommendations and instruct your Committee to proceed with the duties assigned to it. Trusting that our actions meet with your approval, We are, Very Respectfully J. S. Huhnmus A. C. Goeth Joe Kappel A. Stieler J. M. Schmidt Geo. L. King R. E. Whale Alderman Graves Leave absence On motion of Alderman Redd, R. S. Graves City Physician, was granted a leave of absence for 6 days, commencing Nov 7th 1902. Report re: Comm. of the Poor. The Mayor laid before the Council a communication from Petitions to amend the Fire Limits. the Commissioners of the Poor, that had reported petitions of Geo. S. [illegible] and others to amend the Fire Ordinance to permit the Sea Milk Co. to erect certain buildings, containing oils and other combustibles within the fire limits, recommending that the petition be not granted. On motion the report was adopted. Unfinished business J. M. B. Shelley President of the Council --- Page break --- 238 Mayors Veto upon purchase bonds for sinking fund The Chair laid before the Council a Veto message from the Mayor, of an Ordinance appropriating the Sum of $400.00 for the purpose of purchasing bonds for the Sinking fund of the Water Light bonds of the City, which message was read. Alderman Crooker moved to reconsider the Vote by which the Ordinance mentioned in the Mayors Veto, was passed, which Motion was lost by the following Vote Yeas Aldermen Crooker Maiken Ulvoore Niboche Shelley Schneider 8 Nays Aldermen Haynes, Hume, maddox, Nicols, Redd, Shelley, Shumate, Smith, Wilt. 8 Alderman maddox moved to reconsider the Vote by which the Council refused to reconsider the Vote by which the Said ordinance was passed, which motion prevailed by the following Vote Yeas Aldermen Crooker, Haynes, Hume, maddox, Niboche, Redd, Shelley, Shumate, Smith, Wilt. 10 Nays Aldermen Maiken, Nicols, Moore, Schneider. 4 Alderman Crooker moved that the ordinance do now pass notwithstanding the Mayors objection, which motion was lost by the following Vote Yeas Aldermen 2 to reconsider the Vote by which the ordinance mentioned in the Mayors Veto, was passed which motion prevailed by the following Vote Yeas Aldermen Crooker, Haynes, Hume, maddox, Maiken, Niboche, Redd, Shelley, Shumate, Smith, Wilt. 11 Nays Aldermen Maiken Ulvoore Schneider 3 Alderman Crooker moved that the ordinance do now pass notwithstanding the Mayors objection, which motion was lost by the following Vote Yeas Aldermen Maddox 1 Nays Aldermen Crooker, Haynes, Hume, Maiken, Nicols, Ulvoore, Niboche, Redd, Schneider, Shelley, Shumate, Smith Wilt. 13 Mayors Veto Resolution to transfer funds. The Chair laid before the Council a Veto message by the Mayor, Vetoing a resolution transferring from the Bonded Indebtedness fund to the Sinking fund of the Water Light bonds the sum of $1797.22, which was readOn motion the Vote by which the resolution was passed was reconsidered by the following Vote Yeas Aldermen Crooker, Haynes, Hume, Maiken, maddox, Nicols, Ulvoore, Niboche, Redd, Schneider, Shelley, Shumate, Smith & Wilt. 16 Nays None Alderman Niboche moved that the resolution do --- Page break --- Now fass, notwithstanding the which motion was lost by the following Vote Yeas Aldermen Waddell & Schneider 2 Nays Aldermen Crooken Haynes Kunne Quacken Wilson Moore Nitschke Redd Shelley Shumate Smith Welit 12 Absent The Mayor laid before the Council the Plumbing Plumbing ordinance, which was read the second time by Caption Alderman Kunne offered the following Amendment by adding a Section requiring the Inspector of Plumbing to have ten years actual experience or not less than five years actual experience. The amendment was adopted. Alderman Schneider offered the following amendment "Strike out all after Sec. 21" which amendment was lost by the following Vote Yeas Aldermen Haynes Miller Nitschke Redd 6 Schneider Welit Nays Aldermen Crooken Kunne Quacken Waddell Moore 8 Shelley Shumate Smith Alderman Waddell moved that the ordinance be referred to a special Committee consisting of Aldermen Moore Nitschke & Shelley. Which motion prevailed by the following Vote. Yeas Aldermen Haynes Waddell Miller Moore 8 Nitschke Redd Schneider Welit Nays Aldermen Crooken Kunne Quacken Shelley 6 Shumate & Smith The Council then took up the report of the special Committee on Paving. Alderman Shumate moved that the Council adopt Paving Contract that part of the report which recommends that awarded to Vitrified brick be used for paving which motion Mess Brown & Dabney prevailed by the following Vote. Yeas Aldermen Kunne Waddell Moore 8 Nitschke Redd Shumate Welit Nays Aldermen Crooken Haynes Miller Schneider 6 Shelley & Smith Alderman Shumate moved that the bid of Mess Brown & Dabney, without guarantee be accepted. Alderman Nitschke moved as a substitute to accept the bid of Mess Brown & Dabney with guarantee. The substitute was adopted by the following Vote Yeas Aldermen Crooken Haynes Kunne Quacken Miller Wilson Moore Nitschke Redd Schneider Shelley 12 Welit Nays Aldermen Shumate & Smith 2 Alderman Nitschke moved that the report of --- Page break --- 240 The paving Committee as amended by the Council be adopted and that the Mayor be authorized to enter into Contract with Messrs Brown & Dabney in accordance with same, which Motion prevailed New Business By Alderman Maddax An ordinance levying Taxes for the year 1904- The Ordinance was read the first time and passed under Suspension of the rules by the following Vote Yeas Alderman Brooker Haynes Hume, Macken Maddax Miller Moore Nitshke Redd Schneider Shelley Shumate Smith Tulit Nays none 14 Appropriation to pave By Alderman Shumate An ordinance appropriating Certain parts of the sum of $4750.⁰⁰ for the purpose of paving Certain Street Crossings - The Ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Brooker Haynes Hume Macken Maddox Miller Moore Nitschke Redd Schneider Shelley Shumate Smith Tulit Nays none 14 Committee to advise Alderman Maddox moved that a Committee with the Mayor in paving composed of Alderman Nitschke, Moore, Shumate Contract & the City Attorney be appointed to advise with the Mayor in making Contract with Messrs Brown & Dabney for paving Congress Avenue, which Motion prevailed. Certified Checks to be On Motion of Alderman Nitschke, the Mayor was returned to bidders in directed to return to the unsuccessful bidders, on paving paving their Certified Checks. $5000. advanced to By Alderman Maddox An ordinance appropriating L & Commission the sum of $5000.⁰⁰ for the purpose of advancing to the Water & Light Commission that amount on Water Light account with the City - The ordinance was read the first time & passed under Suspension of the rules by the following Vote Yeas Alderman Brooker Haynes Hume Macken Maddox Miller Moore Nitschke Redd Schneider Shelley Shumate Smith Tulit Nays None 13 By Resolution Alderman Maddox moved that the Citizens Committee be added to the Committee appointed to advise with the Mayor on paving Contract, which Motion prevailed. By Alderman Brooker An ordinance appropriating the sum of $50.⁰⁰ for the purpose of making certain improvements to Perssion Fire Line --- Page break --- The Ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes, Heune, Himmewacken, Müller, Moore, Nitschke, Redd, Schneider, Shelley, Shumate Smith, Ulit- Nays none. 14 Bridge on 15th Street, Little Shoal Creek $100.00- By Alderman Nitschke An ordinance appropriating the sum of $100.00 for the purpose of repairing bridge across Little Shoal Creek on W. 15th St. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes, Himmewacken, Müller, Moore, Nitschke, Redd, Schneider, Shelley, Shumate, Smith, Ulit- Nays none. 14 $10.00 for removing fence South Austin. By Alderman Nitschke An Ordinance appropriating the sum of $10.00 for the purpose of removing a Certain fence off of street in South Austin. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Haynes, Heune, Himmewacken, Müller, Moore, Nitschke, Redd, Schneider, Shelley, Shumate, Smith, Ulit- Nays none. 14 Engineer to use Lumber on 15th St. Bridge- Alderman Ulit offered the following resolution which was read and adopted Be it resolved by the City Council of the City of Austin: That the City Engineer be and he is hereby directed to use all lumber taken out of the bridges on 15th Avenue, and construct a bridge on 15th Street where 15th Avenue intersects East Avenue. On Motion the Council adjourned. Jno. G. Johnson City Clerk