242 Regular meeting of the City Council Austin, Texas, November 21, 1904 Hon R.M. White, Mayor, presiding Roll Called Present Aldermen Brooker Haynes Huma Weaken Maddox Wilson Moore Nitschke Redd Schneider Shelley Shumate Smith Welch Absent - None. On motion the minutes were approved as recorded by the clerk, without reading. Petitions etc Petitions Memorials, etc. Geo Miller for The Mayor laid before the Council a petition from George building permit Miller asking permission to erect a wooden shed inside the fire limit, which was read and on motion referred to the Fire Commissioners Jus. Hill street work The Mayor laid before the Council a communication from Jus Hill in regard to street work, which was read and and on motion referred to the Committee on Claims and accounts J.H. Jones to Correct By Alderman Shelley a petition of J.H. Jones asking Assessment correction of Assessment for 1908, which was read and on motion referred to the Claims & accounts Committee J. Seaholm to Correct By the Mayor a petition of J. Seaholm asking correction of Assessment Assessment for 1908, read and on motion referred to the Committee on claims & accounts. Reports of Coms. Reports of standing Committees Street drawings Alderman Nitschke for the Street Committee, to whom was referred an ordinance regulating the erection of awnings on certain streets presented a report recommending the passage of the ordinance, with amendment. The report was read and on motion laid over to be taken up with the ordinance, under the head of unfinished business Claims & accounts Alderman Haynes for the Committee on claims and E.D. Yates for connecting accounts to whom was referred an account of E.D. sewer pipes Yates for connecting certain pipes with sewer, presented a report recommending that the claim be paid On motion the report was adopted Fine on repairs Alderman Schneider for the Fire Committee to whom 8th St Hall was referred an ordinance appropriating the sum of $650.00 for the purpose of repairing 8th Street Fire Hall, presented a report submitting a substitute ordinance and recommending the passage of the substitute on motion the report was laid over to be taken up with the ordinance under the head of Unfinished business Special Coms Reports of Special Committees Opera House etc Alderman Schneider for the Special Committee of --- Page break --- 243 Aldermen and Citizens who were appointed to formulate and bring in an ordinance on the subject of fire escapes for Opera Houses and other public buildings, presented a report submitting an ordinance on the subject. On motion the report was laid over to come up with the ordinance under the head of Unfinished Business. Paving Consulting Aldermen Shufmate for the paving Committee presented Engineer. a report recommending the employment of a Consulting Engineer and drafts for paving Congress Avenue and West Avenue and Mr. R. B. Leonard and Mr. P.L. Smith Engineer. On motion the report was referred back to the paving Committee the Mayor for further report in regard to the employment of the Engineer, with instructions to report at this session of the Council. Ex Mayor Hancock On motion of Alderman Schneider, Ex Mayor Hancock invited to seat was invited to a seat on the rostrum with the Mayor. Unfinished Business Unfinished business Alderman Shufmate for the Paving Committee presented the following reports: Austin, Texas, 11/21. 1904 to the Hon. R.L. Whitemayor and Board of Aldermen City of Austin! Employment Gentlemen! Consulting Engineer Your special Committee on paving in compliance with your instructions beg leave to offer the following resolution: Resolved that P.S. Leonard be appointed as Supervising Engineer and Inspector of paving at a salary of One hundred Dollars ($100 per mo.) said salary to begin when actual paving begins, and he is notified to assume his duties by the Mayor and his said services are to terminate at the discretion of the Mayor and Paving Committee. Shufmate R.L. Smith Jno. L. Kenne Alderman Maddax moved to amend the resolution by striking out the words "One hundred" and inserting in lieu thereof the words "Seventy five" which motion prevailed. The resolution as amended was then passed. Awning Ordinance The Mayor laid before the Council an ordinance prohibiting the placing or repairing of wooden awnings over sidewalks on Congress Avenue between the Colorado River and Eleventh Street and on all other business Streets between Sixth Street, and the Seventh Street, in ½ block of Congress Avenue between Colorado River and Thirteenth Street together with two blocks East and West Avenue, and on Pine Street in ½ block of Congress Avenue. --- Page break --- 244 with the amendment proposed by the Street Committee The ordinance was read the third time The Amendment offered by the Street Committee was adopted, and the ordinance passed under suspension of the rules by the following Vote Yeas Aldermen Brooker Haynes Kenna Wacker Maddox Miller Moore Nitsche Redd Shelley Shumate Smith and Witt 13 Nays Alderman Schneider 1 Refrains to 8th Street Fire Hall. Alderman Kenyon laid before the Council an Ordinance refraining the payment of $6.50 for the purpose of refraining 8th Street Fire Hall, together with the substitute for said Ordinance, offered by the Fire Committee The Ordinance was read the second time Alderman Maddox moved to adopt the Substitute which motion prevailed and the Ordinance passed under suspension of the rules by the following Vote Yeas Aldermen Brooker Haynes Kenna Wacker Maddox Miller Moore Nitsche Redd Schneider Shelley Shumate Smith Witt 14 Nays none. Fire escape ordinance Alderman Kenyon then laid before the Council an Ordinance to provide for the prevention of fires and for the protection of persons in case of fire at theatres and all other places of public amusement or entertainment and for penalties for the Violation of such Ordinance 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 Brooker Haynes Kenna Wacker Maddox Miller Moore Nitsche Redd Schneider Shelley Shumate Smith Witt 14 Nays none. The ordinance was read the second time Alderman Haynes moved to amend by inserting at the end of Section 2. Section 7. the following "No temporary seator other obstruction shall be allowed in any passage or isle exit or entrance of said theatre or public place of Amusement". The Amendment was adopted. Alderman Maddox moved to Amend Section 1. Paragraph 2." by striking out the word two " (hydrants) and inserting in lieu thereof the word "one" which motion prevailed. Alderman Schneider moved to Amend Section 8 by adding after the words "Civ Marshal" the words "or their authorized agents". The Amendment was lostThe Ordinance as Amended was then passed under Suspension of the rules by the following Vote Yeas Aldermen Brooker Haynes Kenna Wacker, --- Page break --- 245 Mad dox Miller Moore Ritchie Redd Schneider Shelley Shumate Smith & Welb Mayor Hone. 14 New business On motion Sanitary Inspection J.D. Schneider was Sanitary Inspection granted leave of Absence for one week, beginning Leave Absence Nov 23rd 1904. Alderman Haynes offered the following resolution Whereas there is work due the City of Austin, by Delinquent Taxes numerous parties taxes for past years, and whereas Resolution to collect there is now in reach of funds with which to meet their obligations: Therefore, Be it resolved by the City Council of the City of Austin! That the City Tax Collector be instructed to turn over to the City Attorney the list of all delinquent persons as soon as practicable and that the City Attorney be instructed to file suit for the collection of said taxes at as early a date as possible The resolution was adopted Alderman Shumate offered the following [illegible] which was read and adopted. Report Paving Austin Texas, Nov 21st 1904. Committee To the Hon. R.R. White Mayor, and Board of Aldermen of the City of Austin. Gentlemen! Your special Paving Committee, having in charge the Solicitation of funds for paving Congress Ave, in accordance with plans recently adopted by Your honorable body, beg leave to report that we are meeting with success, and would request that a Engineer be appointed by you, his services to Committee when actual paving begins. Should you deem it advisable to grant this request we would recommend the appointment of Mr. Leonard who would be competent to fill the position in an acceptable manner to the City and the property owners. Respy submitted Geo. L. Haynes Chairman John B. Davis. I.K. Harris. Committee. This report should have been [illegible] on p. 213, the report in with page 213 is the one [illegible] turn this one. J & G N R.R. By Alderman Maddox an Ordinance granting to Construct permission to the International Great Northern Railroad Switch on 4th Company to extend its track along fourth street across St. the intersection of San Antonio and fourth streets and to the Corner of block 26 in the City of Austin from a point about midway of said block The Ordinance was read the first time Alderman Moore moved that it be referred to the Ordinance Committee, which motion was lost by --- Page break --- 246 the following Vote Yeas Aldermen Waddell Moore Redd Schneider & Smith 5 Nays Aldermen Brocken Haynes Hume Macken Miller Nitschke Shelley Shumate & Welit 9 A Motion was then made to suspend the rule and place the ordinance on its second reading, which Motion prevailed by the following Vote Yeas Aldermen Brocken Haynes Hume Macken Miller Nitschke Shelley Shumate & Welit 10 Nays Aldermen Waddell Moore Redd & Smith 4 The ordinance was read the second time Alderman Hume offered the following Amendment Amend by inserting the words "within twenty feet of" after the word "point" in the last line of section one The Amendment was adopted Alderman Waddell offered the following Amendment Amend by adding the following Viz: That the said International and Great Northern Railroad Company shall be liable in the same manner and be held to make the same improvements of the Street where the same crosses said line and the track thereon as is said Railroad Company is required to do in the manner as approved in Sec 3 of the said Company the right to place its tracks and operate it [illegible] on the other portion of Fourth Street The amendment was adopted, and a Motion Made to suspend the rule and place the ordinance on its third reading, and final passage, which Motion was lost by the following Vote Yeas Aldermen Brocken Haynes Hume Macken Miller Nitschke Shelley Shumate & Welit 9 Nays Aldermen Waddell Moore Redd Schneider & Smith 5 On Motion of Alderman Waddell the ordinance was referred to the Street Committee & City Attorney. Alderman Waddell moved to reconsider the Vote by which the Council passed the resolution regarding delinquent taxes, which motion prevailed by the following Vote. Yeas Aldermen Brocken Haynes Hume Macken Hadley Miller Moore Nitschke Redd Schneider Shelley Shumate Smith & Welit 14 Nays None Alderman Waddell offered the following Substitute for said resolution: Be it resolved by the City Council of the City of Austin Texas, that the City Assessor & Collector of taxes be and is hereby instructed and directed to furnish the City Delinquent Tax Resolution reconsidered Delinquent Tax Resolution --- Page break --- 247 Attorneys and Finance Committee a list of all delinquent tax payers and that said City Attorney and Finance Committee are hereby directed to proceed with the collection of said delinquent taxes Be it further resolved that the City Assessor Collector be and is hereby directed to publish this resolution in the Daily Tribune and Daily Statesman for three Sundays beginning with next Sunday. Aldermen Haynes offered the following amendment which was read and adopted. "An the City Attorney be authorized to enter suit for said delinquent tax in cases deemed advisable to said Attorney Finance Committee The resolution as amended was then adopted On motion Aldermen Moore Schneider & Kelley were excused from further attendance at this session of the Council. $100. Street work By the Street Committee an ordinance appropriating 6th Street the sum of $100.00 for repairs to 6th Street The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Brooken Haynes Hume Macken Madden Nitschke Redd Shumate Smith & Welch 11 Nays None $150.00 for work at By Alderman Welch an ordinance appropriating the Cemetery sum of $150.00 for repairs etc to City CemeteryThe ordinance was read the first time and on motion the rules was suspended and the ordinance placed on its second reading by the following vote Yeas Alderman Brooken Haynes Hume Macken Madden Miller Nitschke Redd Shumate Smith & Welch 11 Nays None The ordinance was read the second time Alderman Shumate moved to amend same by adding "the same to be expended under the supervision of the Cemetery Committee. The Amendment was adopted the ordinance passed under suspension of the rules by the following vote. Yeas Aldermen Brooken Haynes Hume Macken Madden Miller Nitschke Redd Shumate Smith & Welch 11 Nays None Day Rolls for 1904 By the Finance Committee Audit Be it resolved by the City Council of the City of Austin that the Tax Roll with the assessment alleged for the year 1904 as presented by the Assessor Collector of the City of Austin, Texas be and the same is hereby approved. The resolution was adopted by the following vote Aldermen Brooken Haynes Miller Macken Madden --- Page break --- 248 Wilson Woorn & Nitschke Redd Schmiden Shelley 14 Shumate Smith Wilit Nays None (This resolution was passed before Alderman was excused) Alderman Agnes offered the following resolution which was read and adopted Austin Texas Nov 21st 1904 City Treasurer to transfer $1477.50 from the Sinking Fund Water Coupon account Be it resolved by the City Council of the City of Austin, that the City Treasurer be and is hereby authorized and directed to transfer $1477.50 from the water Coupon account to the Sinking Fund Water Light Bond account, And, be it further resolved that the City Treasurer be directed to Cause said ved Coupon account approved accounts By Alderman Maddax an Ordinance Appropriating the sum of $892.82 for the purpose of paying approved accounts. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crocker Agnes Hume Macker Maddax Cuillon Nitschke Redd Shumate Smith Wilit 12 Nays none. $200. Extra Street Labor. By the Street Committee An ordinance appropriating the sum of $200.00 for the purpose of paying for extra street labor and teams. The ordinance was read the first time and passed under suspension of the rules by the following Vote: Yeas Aldermen Crocker Agnes Hume Macker Maddax Cuillon Nitschke Redd Shumate Smith Wilit 11 Nays None. On Motion the Council adjourned Geo B Johnson City Clerk