Called meeting of the City Council Austin, Texas, March 28, 1905 Hon W. S. Shelley, President of the Council, presiding. Roll Called Present Alderman Crooker, Haynes, Hume, Meaken, Miller, Moore, Mitchle, Redd, Shelley, Shumate, Smith, Welch. 12— Absent Alderman Maddox & Schneider 2— The following Call of the Council was read. Austin, Texas, March 28th 1905 To the Hon Mayor & City Council, of the City of Austin. Gentlemen: We, the undersigned, do most respectfully petition for to Call a special meeting of the City Council to be held at the City Hall in the City of Austin, at 8 o’clock PM, on the 28th day of March 1905, for the purpose of considering what is known as an ordinance intitled: “An ordinance Authorizing the Missouri, Kansas & Texas Railway Company of Texas to Construct and Maintain Certain tracks, spurs and switches upon and across certain fractions of San Jacinto, Trinity, Neches and Red River between Third and Fourth street in the City of Austin, Texas” and also to hear the report or reports of the Special Committee appointed for the purpose of investigating and advising on said ordinance, and to hear and all and amend and all and any amendments thereto. Also for the purpose of considering an ordinance Amending an ordinance requiring the Consent of the City Engineer and Street Committee before Material can be removed, or fills Can be made in any and all streets Respectfully Submitted R. B. Lathie Mayor S. B. Tithole Geo Skime H. S. Haynes Jno. M. Hume R. W. Moore Call Council Austin, Texas, March 28th 1905 I hereby Certify that the foregoing named Aldermen have been served with a true Copy of the above Call by having the same read to them in person, towit: Jno Mitchle, Geo Skime, H. L. Haynes, Jno M. Hume, R. W. Moore W. S. Shelley, E. W. Crooker, W. C. Alderman, J. D. Smith W. H. A. Miller & W. H. Welch. Alderman Maddox Not being in town & Alderman Joe Meaken not being found, a true Copy of the above Call was left at their places of residence. Respectfully S. M. May, City Marshall --- Page break --- 304 Alderman Smith moved a Call of the Council The Chair put the motion "Shall a Call of the Council be ordered with the following result Yeas Aldermen Haynes Shumate Smith 3 Nays Aldermen Crocker Hune Weacker Moore Wichells Read Shelley Sulit 7 The special Committee to whom was referred an ordinance granting the M.K. & T. R.R.Co. permission to Construct and Maintain tracks, spurs & switches over certain Streets of the City presented two reports. Mayor White in the Chair No 1. as follows. Austin, Texas, March 28th 1905 To the Hon. Mayor & City Council, of the City of Austin Gentlemen! Roberts special Witchitt. Committee The following members of your special Committee appointed March 6, 1905, to whom was referred, "An Ordinance, entitled An ordinance authorizing the Missouri, Kansas & Texas Railway Company of Texas to Construct and maintain certain tracks, spurs and switches upon and across certain portions of San Jacinto, Trinity, Neches and Ashbel Street between Third Street and Fourth Street in the City of Austin, Travis County, Texas, beg leave to report as follows: We recommend that the Ordinance be passed with the herein after Conditions: First That the Missouri, Kansas & Texas Railway Company of Texas, be granted the franchise asked for in the above said ordinance; provided that they shall first gravel, keep and maintain the entire half blocks occupied by them, or which may under this ordinance be occupied by them, and that during the continuance of this franchise, they maintain said Streets in good Condition for travel, and become responsible for any and all accidents happening on said portions of said Streets occupied by them, caused from a failure to maintain said Streets in Good Condition; and to keep the same graveled and in repair on the half blocks described in the above ordinance. Second That the said railroad Company agree to Conform with any and all ordinances passed by the City Council of the City of Austin, regulating the precaution to be taken to prevent accidents at the above said Streets crossings. Third That in addition to the above Conditions, the said railroad Company be required to pay into the City Treasury, to the credit of the permanent Street Improvement fund the sum of $5,000.00 before they be permitted to Cross said Street, as provided for --- Page break --- 305 in said ordinance. S. L. Haynes J. U. Huinale W. D. Hart õ of Special Committee Report No 2. Austin, Texas Mar 28th, 1905 To the Hon Mayor & City Council of the City of Austin Gentlemen: The following members of your Special Committee appointed March 6th, 1905, to whom was referred "an ordinance entitled an ordinance authorizing the Missouri, Kansas & Texas Railway Company of Texas to Construct and maintain certain tracks, spurs and switches upon and across certain portions of San Jacinto, Trinity, Neches and Red River streets between third street and fourth street in the City of Austin, Travis County, Texas, beg leave to report as follows: We, the undersigned members of the special Committee, recommend that the ordinance be passed with the following amendments. First. That the Missouri, Kansas & Texas Railway Company be granted the franchise asked for in the above said ordinance, provided that they will gravel, keep and maintain that part of said streets occupied by them and between the South side of fourth street and the North side of the Alley between third and fourth streets during the continuance of this franchise and that they maintain said streets in good condition for travel, and be responsible for any and all accidents happening on said portions of said streets occupied by them, caused from a failure to maintain said streets in good condition. Provided further that the said Missouri, Kansas & Texas Railway Company place and keep in repair sufficient drain pipes across the intersection of said streets with fourth street on the South side of fourth street from Brazos street East to the Creek, and Provided further that no round house be located on Blocks 31, 32 & 33 of the City of Austin, and providing further that the said Ordinance does not relieve the Missouri, Kansas & Texas Railway Company from doing any paving which they as abutting property owners would be required to do under the fires an future lay ordinances. R. B. Theile Leo S. Gosene Geo Schne Alderman Titsene moved the adoption of report No 2. Alderman Smith moved as a substitute to adopt report No 1. --- Page break --- 306 After Considerable discussion by different Aldermen, Citizens, who were invited to address the Council and Mr Wilson, a Vote was taken on the substitute by Alderman Smith and the substitute lost by the following Vote Yeas Aldermen Haynes Shelley Shumate Smith 4 Nays Aldermen Crooker Kunze Meacker Mellon Moore Vitoschke Radd & Webb 8 A Motion was then made to adopt report of which motion prevailed by the following Vote Yeas Aldermen Crooker Kunze Meacker Mellon Moore Vitoschke Radd Webb 8 Nays Aldermen Haynes Shelley Shumate Smith 4 Mr. Wilson laid before the Council an ordinance authorizing the Houston, Kansas & Texas Railway Company of Texas to Construct and Maintain certain tracks, spurs and switches upon and across certain portions of San Jacinto, Trinity, Neches & Red River Streets between Elm & Fourth and Fourth Street in the City of Austin, Travis County, Texas The ordinance was read the second time Alderman Vitoschke offered a substitute for the ordinance and moved that the substitute be adopted; which Motion (after the reading of the substitute) was adopted but which subsequently was then reconsidered by the following Vote: Yeas Aldermen Crooker Kunze Meacker Mellon Moore Vitoschke Radd & Shelley Webb 9 Nays Aldermen Haynes Shumate Smith 3 Alderman Shumate moved to reconsider the Vote by which the Council refused to suspend the rule and place the ordinance on its third reading; which motion prevailed – A Motion was made to suspend the rule and place the ordinance on its third reading & final passage, which motion prevailed by the following Vote Yeas Aldermen Crooker Kunze Meacker Mellon Moore Vitoschke Radd Shelley Shumate Webb 10 Nays Aldermen Haynes Smith 2 The ordinance was read the third time and passed by the following Vote Yeas Aldermen Crooker Kunze Meacker Mellon Moore Vitoschke Radd & Webb 8 Nays Aldermen Haynes Shelley Shumate & Smith 4 By Alderman Shumate An Ordinance amending Act VI of the Revised Civil & Criminal Code of the City of Austin The Ordinance was read the first time and on motion was referred to the Creek Committee. On motion the Council adjourned Jno. Johnson, Clk