307 Regular meeting of the City Council Austin, Texas, April 03, 1905 Hon. R.S. White, Mayor, presiding Call Called Present Aldermen Crookes, Haynes, Hume, Machen, Maddock, Moore, Wilcox, Titus, Redd, Schneider, Shelley, Shumate, Smith, Weil. Absent None On motion the minutes were approved as recorded by the Clerk, without reading. Pet-D.W.Weaver To the City Council, the petition of to put in D.W. Weaver for permission to put in wagon scale wagon scale between 2nd & 3rd Streets. Read and on motion referred to the Street Committee, with power to act. Reports City Reports of City Officers Officers The Mayor laid before the Council the reports of the Clerk and Physician and the Sexton for the month of March 1905 which were on motion referred to the appropriate Committees, without reading. Reports Stdg Reports of Standing Committees Committees Alderman Haynes for the Finance Committee to whom was referred the reports of the Assessor & Collector, the Finance Officers Clerk and the Treasurer for the month of Feby. & March 1905 reports & a report stating that they had been examined and found correct. On motion the report was adopted. Cemetery Alderman Weil for the Cemetery Committee to whom ordinance was referred an ordinance Amending Act 21, Uniform & fees. Chapter 3, Title 3 of the Revised Civil ordinances of the City of Austin, presented a report recommending that it do pass. On motion the report was laid over to come up with the ordinance under the head of Unfinished business. Police Marshalls Alderman Shelley for the Police Committee to whom Reports was referred the reports of the City Marshals for the months of August to Decr 1904, and Jany & Feby 1905, presented a report stating that they had been examined and found correct. On motion the report was adopted. Street Alderman Wilcox for the Street Committee to whom amending act 84 was referred an ordinance Amending Act 84 of Code the Revised Civil & Criminal ordinances of the City, Antiremoval of presented a report recommending its passage. Read and on motion laid over to come up with the ordinance under the head of Unfinished business. Street, Road Alderman Wilcox for the Street Committee to whom was Duvall. Austin referred a petition from a citizen of South Austin asking that a certain road & street be opened, presented a report. --- Page break --- 308 recommending that the petition be granted. On motion the report was adopted. special WK.&R.R. Aldermen Haynes for the Special Committee, to whom Closing streets alleys was referred an ordinance to release unto the W.K.&R.R. all rights acquired by the City in and to all those streets and Alleys in outlots nos 31 & 32 Div. O. which were dedicated to public use by J.C.& W.M. Kerbey and declining to accept said dedication, presented a report recommending the passage of the ordinance. The report was read and on motion was laid over to Come up with the ordinance under the head of unfinished business. Unfinished business The above listed Aldermen were on motion invited to seats in the Council Chamber. Unfinished business Pound Ordinance Laid before the Council an Ordinance extending the pound limits of the City of Austin, The ordinance was read the third time and passed by the following Vote Yeas Aldermen Crooker, Haynes, Hennes, Weaver, Maddox Miller, Moore, Nilochke, Schmiedershed, Shumate, Smith Redd Yeas 13 Nays 1 Nays Alderman Redd W.K.&R.R.&close The Mayor laid before the Council an ordinance to Streets & alleys release unto the W.K.&R.R. Kansas & Texas Railway Div. O. Company all rights acquired by the City in and to all those Streets & Alleys in outlots Nos 31 & 32 Div. O. which were dedicated to public use by J.C.&W.M. Kerby and declining to accept said dedication. The ordinance was read the second time Alderman Moore moved to amend same by inserting after alleys in Sec. 2 the following — “This ordinance is not intended to in any way release to said Railway Company any portion of Florence Street.” The amendment was adopted, and the ordinance passed under suspension of the rule by the following Vote Yeas Aldermen Crooker, Haynes, Hennes, Weaver, Maddox Miller, Moore, Nilockke, Redd, Schmiedershed, Shumate Smith, Atteit Yeas 14 Nays None. Seperate Coach The Mayor laid before the Council an ordinance ordinance providing for seperate compartments for white and Negro races in street railways and electric railways, and providing for a penalty for the Violation thereof. The ordinance was read the second time and on motion of Alderman Crooker awaiting the passage of a law by the State Legislature, on the subject The Mayor laid before the Council an ordinance amending Act Chapter 11. of the Revised Code and --- Page break --- Criminal Code of the City of Austin The ordinance was read the second time Alderman Shelley offered the following Amendment which was read and adopted "provided that in the absence of a majority of the street Committee, the remaining member together with the Mayor and the recorder may give such permission" The ordinance was then passed under suspension of the rule by the following Vote Yeas Alderman Crooker Haynes Heuss Machen Maddox Mueller Moore Reid Schneider Shelley Shumate Smith Welch Nays none 13 Cemetery ordinance fees + uniforms The Mayor laid before the Council an ordinance amending Article 31. Chap. 2 & Title 3. of the Revised Civil ordinances of the City of Austin. - The ordinance was read the second time Alderman Welch offered the following Amendment which was read and adopted "and that the City of Austin shall purchase a Canopy of suitable design to be used for the protection of parties during rainy or extremely hot weather" Alderman Schneider moved to amend by adding the following "And he shall have sand on hand to place in grave so it make no noise when filling in the grave. The Amendment was lost and the ordinance passed under suspension of the rule by the following Vote Yeas Alderman Brooken Haynes Heuss Muller Moore Schneider Shelley Shumate Smith Welch Nays Alderman Machen Maddox Reid Alderman Crooker asked permission to present a Petition which was granted. 10 4 Pet of L.A. Wolf & Bro. for to change assessment fees correcting or changing Assessment for 1904- Read and on motion referred to the Committee on claims & accounts Alderman Crooker moved that the Finance Committee be authorized to adjust certain financial matters with the Attorney General and that action prevailed. By Alderman Machen An ordinance appropriating the $204.90 Refunded sum of $204.90 for the purpose of refunding to H.B. White Mayor. Mayor this amount paid by him as expenses for himself and Alderman Maddox & L.B. Brooks to St. Louis to confer with bondholders in the year 1902. The Ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Brooken Haynes Heuss Muller Moore Reid R.S. L. Schneider Shelley Shumate Smith Welch Nays none. Sing. Alderman Maddox 13 1 --- Page break --- 1310 President of the Council Shelley in the Chair The Chairman laid before the Council the following Message from the Mayor Mayors Office April 8th 1905 Gentlemen of the City Council: The present Meeting of the Mayors Message Council will end my official connection with the City as its Mayor. In view of this fact it would not be advisable or proper for me to submit for your consideration recommendations concerning my future policies to be followed. I shall therefore confine this report to a statement of what has been done during the time that I have filled the Chief executive office of the City. Part of this statement is covered by former reports, but the fact that during the entire four years of my administration a predominatand continuous line of policy has been persued with reference to all subjects of grave Municipal Concern, not the further fact that the period up to this date comes to a natural close, render it proper and necessary for me in this report to cover the whole period, in order that the facts presented may be seen in their proper connection and understood. It is likewise proper for the Council to preface its present report with a statement of what those policies are, I likewise proper for the Council to preface its report with a statement of the difficulties which confronted the City at the beginning of that period, and which occasioned the inauguration of the policies referred to. These difficulties are well known to our citizens, but are too often forgotten or overlooked by them when they are confronted by present and irritating necessities for municipal economy directly arising therefrom. For instance to my inauguration as Mayor, it was decided by competent authority that the City's water works was insufficient in amount to erect the dam across the Colorado River, and a complete water light and power system for public use. The estimated cost of the enterprise was originally $1.400.000. Bonds to that amount were issued, but it was subsequently found necessary to issue additional bonds in amount of $200.000, in order to complete the work. The most sanguine advocates of the plan probably did not think at that time, and have never since thought that the existing taxable values of the City were sufficient to justify the creation of that amount of indebtedness or to be paid by taxation: But it was calculated that the water power developed would be --- Page break --- greatly in excess of that required by the City to operate its Plant; and that the surplus power owned and would be let to manufacturing enterprises at low rates thus increasing the revenues of the City, both directly by the proceeds of such surplus power, and incidentally by the increase of taxable values incident to the installing of the proposed manufacturing plants, it was also calculated that the City would itself in the future take water for its own plant for fire protection and other public purposes, thus saving the profits heretofore realized by the private corporation for such services. None of these calculations materialized. There was no surplus power developed by the erection of the dam. None of the manufacturing establishments came in its wake. The speculative influence of property values following the inauguration of the enterprise furnished a basis for increase in taxation that verged dangerously near legalized confiscation of property; but it became absolutely necessary to maintain such inflated values on the Assessment rolls in order to escape the humiliation of default in interest payments on the outstanding bonded indebtedness. Although taking water for public use from its own plant, the City found itself forced by cut-back to pay hydraulic rental for similar service to a private Corporation for a generation in the future. In addition to all this disaster came the plant, and destroyed more than $600.000, in value of its physical properties, but in no wise affected the liability of the City to pay the bonds issued for its construction. The City having already outstanding a bonded indebtedness exceeding the maximum permitted by the State Constitution, was powerless to incur a further or additional debt in order to replace the property destroyed. Such in a general way was the situation that the City-government was called on to meet when I was first inaugurated Mayor on April 15th 1901. City Finance The total bonded indebtedness was $1.636,000, of this amount $325.000, bore interest at the rate of 6% per annum; and the remainder, Viz: $1.311.000. bore interest at the rate of 5% per annum. The total annual interest charge against the City was, therefore $85.050. In addition to this, the City by virtue of the provision of the Law which was the State Constitution was bound to raise annually a sum equal to 2% of its outstanding --- Page break --- Page 312 Missing in Original --- Page break --- I also just as certainly and directly militates against the interest of the Creditor, by improving the Value of his security, and reducing the probability of the payment of his debt. It was this Consideration that induced so many of our Creditors to Voluntarily reduce the rate of interest on their bonds. The City said to them in effect, the amount of money that we owe you is greater than our maximum tax-imposing power will enable us to pay, on the basis of present Taxable Values. But a levy of the maximum rate, provided by law, through a long series of years will still further depreciate the Value of our property; for such a course will not leave our citizens sufficient income from their property to enable themselves to live and prosper. Therefore, the direct Consequence of such a course will be a steady and continuous decrease in property Values, and a corresponding decrease in the returns to you in the form of interest on your bonds from year to year. A great majority of the Creditors of the City, as we have been above acknowledged the validity of this argument But not all of them have yet done so, and have bonds to the amount of $333,500, are still outstanding. $13,500 in amount of these bonds bear interest at the rate of 5% per Annum, and the remainder, viz; $13,500 bear interest at the rate of 6% per Annum. Most of the holders of these bonds have filed Mandamus Suits against the City to Compel the payment of interest on their securities according to their legal tenor and effect. The City has Contested these cases in the Courts, because justice to our more liberal Creditors, who in the hour of our distress Voluntarily reduced the rate of interest on their securities, demands that their interest as reduced, should be paid promptly when due. This Cannot be permanently done if the interest at the old rate be paid on the bonds involved in this litigation. The Judgments obtained against the City in the Mandamus suits have recently been reversed and remanded by the Court of Civil appeals; and I confidently hope that all of our Creditors will soon satisfy themselves that it is to their pecuniary interest as well as to ours to accept our refunding bonds and interest at the rate of 5% per annum thereon in lieu of their present holdings which Cannot be discharged according to their legal tenor and effect because of the financial inability of the City to do so, there. --- Page break --- 314 A total of $83.340. of interest is over due on the bonds that have not been refunded. Annexed to this report and Marked "Exhibit A", is a statement showing the amount of money on hand in each fund of the City on April 15th 1904; Also a Statement Marked "Exhibit B," showing tax able Values of the City for each year since my inauguration; Also a statement Marked "Exhibit C", showing the rate of Taxation for the various purposes during each year embraced in this report; Also a statement Marked "Exhibit D", showing the amount of money collected, used, and balance, from all other sources; Also a statement marked "Exhibit E", showing the amount and character of each appropriation Made; Also a statement marked "Exhibit F", "showing amount of Money at present on hand in each of the Various funds, and also a statement marked "Exhibit G," "Showing Cash on hand April 1st 1904, in Water, Light and Power Department; Collections and expenditures therein since said date, Cash now on hand, and present indebtedness It is thought that these statements embrace a full and detailed account of my stewardship as mayor, in so far as the receipt and disbursement of money is concerned. Water and Light. Some criticisms and bickerings have been engendered by the management of the City Water, Light and Power Plant But when it is remembered that the plant was virtually destroyed less than five years ago, and that the management has since that date without the aid of the taxing power, rehabilitated the plant, and that it is now furnishing to our people light and water at lower rates than obtained elsewhere in the State, our citizens should really congratulate themselves on the outcome. The destruction of the dam at a time when the City had not one dollar of debt creating capacity forced a raise in the rates for services and forced the management to install machinery which was not of the most economical or approved type, But their policy was in my judgement, fully justified, indeed it was imperatively required by the emergency occasioned by the disaster, and cannot be made the basis for just or intelligent censure. The Vinalion and Borley litigation incident to the contract between the Council Water, Light and Power Company and the City, on the contract for the dam or inlet has been settled in terms highly advantageous to the City. On August 1st 1904, a contract was concluded between the City and the lessees of the Water, Light --- Page break --- The character of the work is of the best, the desirability of having this street is admitted by all, and it is especially fortunate that in the midst of all our financial difficulties, the municipal funds should have been for the first time on well managed autopermit the inauguration of the enterprise and to furnish a safe and conservative plan for its complete execution. New City Hall The cramped and inadequate quarters of the City Government in the present City Hall has long rendered a new one highly desirable. The Council on October 19th 1904, in recognition of this fact, passed a resolution creating a new City Hall Fund to be formed by appropriating thereto ten per cent of all recoveries to be collected by Levaur general revenue taxation, after deducting from the general revenue collected twenty five per cent of the Local Collections, which had previously been set apart for street improvement purposes. This action ensures the ultimate accumulation of a fund sufficient in amount to erect a City Hall Commensurate in size and appropriate in appearance to be the home of the City Government of the Parish of Levaur. The above report is believed to show the general policies followed during my administration, and the annexal tabulated statements are intended to present the details respectfully refer you to the reports of the heads of the various departments for a more detailed statement of their respective affairs. I also refer you to these reports for a statement of the present needs of the various departments. That I myself make no recommendation as to future action thereon for the reasons stated in a previous portion of this report. In conclusion I desire to acknowledge the great appreciation which I feel for the efficient and disinterested assistance received at the hands of all other members of the City Government. To their assistance is largely due the credit for whatever of good has been accomplished in the administration of Municipal affairs during the past four years, and it is proper and just that the fact should be here recorded Respectfully A.C. White, Mayor Exhibit "A" showing the amount of money on hand in cash fund of the City April 6th, 1901. --- Page break --- 317 General Fund $16.555.51 Interest Fund 20.402.48 Sinking Fund 5.152.03 Interest on bonds issued prior to May 1st 1890 3.833.55 Street Fund 186.74 The Treasurer held also bonds for the credit of the Sinking fund amounting to $10.500.00, and for the credit for the Sinking fund of bonds issued prior to May 1st 1890, bonds amounting to $9000.00. Exhibit "A" Showing Taxable Values of the City for the years 1900 8.831.887 " " 1901 9.030.106 " " 1902 8.867.569 " " 1903 9.235.994 " " 1904 9.650.457 Exhibit "B" Showing the rate of taxation for the years as follows, Viz: For 1900 for the General Revenue 70 cts on each $100.00 " " Public Schools 30 " " " " " " " " W.W.Tax 00 " " " " " " " " Boud Bonds 08 " " " " " " Total 1.111/3 " " " " " " For 1901. For the General Revenue 1.00 " " " " " " " " " Public Schools 33 " " " " " " " " " Bonded Indebtedness 1.162/3 " " " " " " Total 2.50 " " " " " " For 1902 For General Revenue 1.00 " " " " " " " " " Public Schools 331/3 " " " " " " " " " Bonded Indebtedness 40 " " " " " " Total 1.731/3 " " " " " " For 1903. For the General Revenue 1.00 " " " " " " " " " Public Schools 30 " " " " " " " " " Bonded Indebtedness 1.00 " " " " " " Total 2.30 " " " " " " For 1904. For the General Revenue 1.00 " " " " " " " " " Public Schools 331/3 " " " " " " " " " Bonded Indebtedness 60 " " " " " " Total 1.931/3 " " " " " " --- Page break --- 318 Exhibits "A" "B" "C" "D" Showing amounts Collected, Disbursed and balances, from April 6th, 1901, to Dec 31st 1901. Collected for general revenue, $18.484.64 From other sources 19904.37 Balance April 6th, 16555.51 ___________ 54944.69 Disbursed 53091.04 ___________ Balance 1853.65 ___________ Street Improvement fund, 75.377.32 Balance April 6th 186.74 18506.49 Disbursed 5524.06 ___________ Balance 5089.81 ___________ 434.25 Permanent Paving fund 824.19 Old bonds, issued prior to May 1st 1890 2065.45 Balance April 6th 3833.55 ___________ 5899.00 Disbursed 5898.02 ___________ Balance .08 ___________ Water works Interest & Sinking fund $6.262.84 5152.03 ___________ 2062.40 6181.30 61784.39 ___________ $82.91 ___________ Disbursed Balance 11.012.36 Public Schools Disbursed 11.012.36 Balance 11.012.36 Showing Amounts Collected, disbursed, and balances from January 1st to December 31st 1902 Collected for General revenue $67.552.53 From other sources 20405.92 Balance Jany 1st 1853.81 ___________ 92.792.26 Disbursed 74926.28 ___________ Balance 17865.98 ___________ Street Improvement fund 18506.49 Balance Jany 1st 434.25 Disbursed 13.940.74 ___________ Balance 9730.21 ___________ 4210.53 Permanent Paving fund 9004.35 824.19 ___________ 4828.54 Balance Jany 1st 13 Balance --- Page break --- 319 Old bonds issued prior to May 1st 1890. Balance Jan 1st 8.683.64 08 Disbursed ------ Balance 8.683 64 3.297.50 ------ 5.386.14 Water works, Interest Sinking Fund and bonded indebtedness Balance Jan 1st 101.009.16 32. 91 Disbursed ------ Balance 101.042.07 81.490 59 ------ 19.551.48 Public Schools 30.650.97 Disbursed 30 650.97 Showing amounts Collected, Disbursed, and balances, from January 1st to December 31st 1903 Collected for General revenue 463.830.96 From other sources 20 798.77 Balance Jan 1st 17 865.98 ------ 102. 495.71 Disbursed 84 609.62 Balance ------ 17 886.09 Street Improvement Fund 13. 578. 73 Balance Jan 1st 4 210 53 Disbursed ------ Balance 17.759. 26 15.666. 18 ------ 2093. 08 Permanent Paving Fund 8.550. 81 Balance Jan 1st 9828.54 Disbursed ------ Balance 18379.35 2404. 25 ------ 15975. 10 Old bonds issued prior to May 1st 1890. Balance Jan 1st 823. 86 5386. 14 Disbursed ------ Balance 6210. 00 5572.50 ------ 692. 50 Water works Interest Sinking Fund And bonded indebtedness Balance Jan 1st 42.684. 58 19551. 48 Disbursed ------ Balance 72.236. 06 63 726.15 ------ 8509 91 --- Page break --- 320 Public Schools Disbursed Showing Amounts Collected, Disbursed, and Balances, From January 1st to December 31st 1906. Collected for General revenue From other Sources Balance Jany. 1st Disbursed Balance Street Improvement Fund Balance Jany. 1st Disbursed Balance Permanent Paving Fund Balance Jany. 1st Disbursed Balance Old Bonds issued prior to May 1st 1890 Balance Jany. 1st Disbursed Balance Sinking fund water & Light bonds Balance Jany. 1st Disbursed Balance Bonded indebtedness account Balance Jany 1st Disbursed Balance Interest and Sinking Fund for the year 1906 Disbursed Balance over draft Mrs By Hall account, transferred from old bond fund Collected Public Schools Disbursed 28625.69 28625.69 974171.09 24188.14 17886.09 116,245.32 99,069.64 17,175.68 14917.67 2098.08 17010.75 13107.79 3902.96 9888.46 15975.10 25863.56 16243.63 9619.93 472.50 697.50 1170.00 965.00 205.00 5415.00 75.00 5490.00 5010.00 480.00 84420.86 6957.41 91378.27 24187.37 67190.90 6191.53 19362.09 13170.56 5000.00 343.19 343.19 3887.62 3874.62 --- Page break --- 321 Exhibit "G" Showing Cash on hand April 1st 1901, in the water, Light and power Department, Collections and expenditures. Cash now on hand and present indebtedness Receipts for water From April 1st to Dec 31st 1901, For the year 1902 " " " 1903 " " " 1904 Receipts for light From April 1st to Dec 31st 1901. For the year 1902 " " " 1903 " " " 1904 Receipts for power From April 1st to Dec 31 1901 For the year 1902 " " " 1903 " " " 1904 Expense of the water department From April 1st to Dec 31st 1901 For the year 1902 " " " 1903 " " " 1904 Expense of Electrical Department From April 1st 1901 to Dec 31st 1901. For the year 1902 " " " 1903 " " " 1904 Office expenses From April 1st to Dec 31st 1901. For the year 1902 " " " 1903 " " " 1904 Extensions water department From April 1st to Dec 31st 1901 For the year 1902 " " " 1903 " " " 1904 Extensions of the Electrical Department From April 1st to Dec 31st 1901. " " 1902 " " 1904 Interest From April 1st 1901, to Dec 31st 1901. For the year 1902 " " " 1903 " " " 1904 $ 32,865.42 49,535.75 66,858.55 56,705.18 27,679.79 48,856.77 51,464.12 51,115.00 2,872.00 10,496.97 4,644.36 4,951.48 21,485.33 37,265.85 48,176.17 43,197.59 19,288.28 36,932.56 49,929.96 44,665.42 3,238.40 5,277.02 6,530.93 4,994.54 3,921.06 4,128.22 [illegible] 5,050.78 346.79 7,300.76 6,161.58 41.45 42.46 671.44 210.39 --- Page break --- # 322 Total receipts Cash on hand April 1st 1901. $ 589. 29 From Water 205, 964. 39 “ Light 179, 115. 68 “ Coal 22, 964. 81 “ Miscellaneous 13, 785. 05 Loan from City 5, 000. 00 _______ 427, 419. 22 Total Disbursements For Expenses for water Dept $ 150. 106. 96 “ Electrical Dept 150. 816. 72 “ Office expenses 20. 043. 89 “ Extensions of water dept 17. 712. 22 “ “ Electrical “ 13. 809. 13 “ Interest 966. 43 “ Insurance 3. 723. 01 “ Steam plant 25738. 75 “ a new Steam plant 39. 566. 06 “ Return City Loan 5,000. 00 Cash on hand 221. 57 _______ 427. 419. 22 Messages & Reports of Alderman Haynes moved that the report of the Mayor be City Officers to be published in the Daily Statesman and that with the reports Published. of other City officers it be published in pamphlet form and that 1000 copies be ordered for the City, which motion prevailed. Second Ordinance By Alderman Welit an ordinance amending the pound Ordinance. The ordinance was read the first time. Alderman Shumate moved that it be referred to the Police Committee, which motion was lost by the following Vote Yeas Aldermen Machen, Moore, Radd, Shumate, Smith 5 Nays Aldermen Brooken, Haynes, Hume, Maddox, Willson Schneider, Shelley, Welit 9 The ordinance was then passed under suspension of the rules by the following Vote Yeas Aldermen Brooken, Haynes, Hume, Maddox, Willson Schneider, Shelley & Welit 9 Nays Aldermen Machen, Moore, Radd, Shumate, Smith 5 N.B. Alderman Machen who voted against the final passage of the ordinance, Voted aye on the suspension of the rules. No. 550. From By Alderman Welit an ordinance appropriating the Sum of $50.00 for the purpose of Improving Street work. in the St.–Fifth. The ordinance was read the first time and a motion made to suspend the rules and place it on its second reading but a motion was lost by the following Vote --- Page break --- 323 approved. 2:5 P.M. Yeas Aldermen Crooker Humes Witsell Redd Welit 5 Nays Alderman Haynes Wachen Reddox Willen Moore Schneider Shelley Shumate & Smith By Alderman Haynes An ordinance appropriating the sum 9 of $753.89 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 Crooker Haynes Humes Wachen Willen Moore Witsell Redd Schneider Shelley Shumate Smith Welit 14 Nays none. approved. election By Alderman Haynes An ordinance appropriating the sum of $100. for the purpose of paying certain approved accounts. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker Haynes Humes Wachen Reddox Willen Moore Witsell Redd Schneider Shelley Shumate Smith Welit 74 Nays none. On motion of Alderman Reddox the Council adjourned until 7 o'clock P.M. Saturday April 8th 1905, for the transaction of such business as shall properly come before them, and for the purpose of canvassing the Vote Cast at the election held April 3rd 1905 and for Installing the Mayor and City Council elect. Josiah Johnson City Clerk --- Page break --- 7324 adjourned Regular meeting of the City Council Austin, Texas, April 8th 1905 Hon P.B. White, Mayor presiding. Roll Called Present Aldermen Crooker, Kaynor, Sime, Weaver Maddox, Wilson, Nitschke, Shumate, Smith - 10 Absent Aldermen Moore, Redd, Johnson, Shelley - 4 Call Council Alderman Crooker received a Call of the Council which was seconded, and the Marshal directed recalled. to bring in the absentees. Aldermen Moore, Johnson, Shelley entered the Council Chamber and answered to their names On motion the Call was suspended. Alderman Maddox moved that consideration of all unfinished business be suspended, which motion prevailed $194.00 to pay interest By Alderman Maddox An ordinance appropriating on overdraft the sum of $194.00 for the purpose of paying interest due the American National Bank on overdraftThe ordinance was read the first time Alderman Redd entered the Council Chamber The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Kaynor, Sime, Weaver, Maddox, Wilson, Moore, Nitschke, Redd, Johnson, Shelley, Shumate, Smith - 14 Nays none Veto on Alderman Maddox moved to take up Veto Message Pond ordinance of the Mayor, which motion prevailed - Alderman Shelley President of the Council in the Chair - The Chair laid before the Council the following Message from the Mayor. Austin, Texas, April 5th 1905 - To the Board of Aldermen of the City of Austin, Texas Gentlemen: I herewith return to you without my approval the Pond ordinance hereto attached A similar ordinance, covering the same territory, was passed by you June 1st 1904. I then Vetoed same, and the reasons for doing were fully set up at the time; I respectfully refer you to same for my action upon this ordinance as I cannot now see any good reason to change my opinion from what it then was. Very Respectfully, P.B. White, Mayor Alderman Crooker moved to reconsider the Vote by which the ordinance was passed, which motion prevailed the --- Page break --- 325 Yeas Aldermen Brooks Haynes Kinne Macken Maddox Moore Nitschke Redd Schneider Shelley Shurale Smith Welch Nays None. Alderman Brooks moved that the ordinance Pound ordinance do now pass, notwithstanding the Mayors objections, passed over veto which motion prevailed by the following Vote: of Mayor Yeas Aldermen Brooks Haynes Kinne Maddox Moore Nitschke Schneider Shelley Smith Welch 10 Nays Aldermen Macken Redd Shurnate 4 Alderman Brooks moved that a Committee of three be appointed to Canvass the returns of the election held April 3rd, 1905, for City officers, and a like Committee to Canvass the Vote for the Fire Dept officers, which motion prevailed and the Mayor appointed Aldermen Kinne Nitschke and Schneider to Canvass the Vote of election held April 3rd Aldermen Macken Redd Smith to Canvass the Vote cast at election for officers of the Fire Dept. The Committee to Canvass the Vote for Fire Dept officers presented the following report: Austin Texas, April 8th 1905 Hon R.D. While, Mayor, and Board of Aldermen of the City of Austin: Gentlemen: Officers except Your Committee for Canvassing election of Fire Dept beg leave to report the following be the true result of the same. For Chief E.L. Woodward 157. Votes Lew Johnson 12. Votes For Asst Chief K. Von Boeckmann 163. Votes For Foreman Joe Valz 163. Votes Joe Macken W.F. Redd Joe Smith Committee on election. The Mayor declared that E.L. Woodward for Chief, K. Von Boeckmann for Asst Chief and Joe Valz for Foreman having received a majority of all the Votes cast, were duly elected as the officers of the Austin Fire Department for the ensuing year. Alderman Kinne for the Committee appointed to Canvass the Vote for City officers at the election held April 3rd 1905, presented the following report Hon R.L. While Mayor, and City Council To Your Committee to Canvass the Vote of the City election find. For the Sum Amendment 873 Against 85- --- Page break --- 326 City Officers declared elected For Mayor C. D. Shelley 999 u Marshal W. G. Worrix 1000. u City Clerk Geo. O. Johnson 998 u City Treasurer Fred Bergley 1008 u City Physician Joe Gilbert 1004 u City Attorney H. L. Kart 1007 u City Engineer C. E. Leonard 1010 u Water and Light Commissioners C. A. Buchanan 489 W. C. Cassell 496 E. W. Buchanon 495 Robert Robinson Jr. 999 1005 1st Ward Alderman at large W. O. Eillen 1007 2 u u G. A. Powell 999 3 u u E. Von Rosenberg 999 4 u u C. F. Armstrong 1004 5 u u Henry Petri 999 6 u u J. W. Shymate 998 7 u u P. J. Smith 997 Local Aldermen 1st ward H. C. Redd 56 2d u A. L. Ames 181 3rd u D. R. Crocker 190 4th u Joe Wacker 108 5th u C. J. Wilhelm 183 6th u S. L. Haynes 121 7th u Ed. Moore 157. Mayor Shelley sworn in The Mayor declared the various Gentlemen named in the report of the Committee duly elected to the different offices named in said report Mayor C. D. Shelley was present and accepted of office administered to him by Mayor White. The following named Aldermen elect were then sworn New Board of in by Judge Fred Carleton. Viz sworn in W. O. Eillen, G. A. Powell & Von Rosenberg, C. F. Armstrong Henry Petri, J. W. Shymate, P. J. Smith, H. C. Redd, A. L. Ames, D. R. Crocker, Joe Wacker, C. J. Wilhelm S. L. Haynes & Ed. Moore. The roll of the new Aldermen elected was then Called and all answered to their names. Alderman Moore offered the following resolution which was read and adopted. Be it resolved that the following shall be the order of business of the officers of the City of Austin when --- Page break --- who shall serve for the next two years. 1st Bridge Keeper. 2nd Sanitary Inspector. 3rd Pound Master 4th City Sexton 5th Matron of the City Hospital 6th Park Keeper 7th President of the Council 8th Porter 9th Police. Bonds of City officers present-L The official bonds of the following named officers & approved were presented by the Mayor and were on motion referred to the City Attorney for approval as to form. Alderman Wacken presented the following resolution which was read and adapted. Resolved by the City Council of the City of Austin: That the official bonds of Fred. Sturging City Collector & Assessor of Taxes, in the sum of $8,000.00 and $5000.00 with Henry Zielen, Herman Pressler, Chas Wolf, Jacob Schneider, as sureties be and the same is hereby approved: That the bond of Q. E. Leonard as City Engineer & official Street Dept- in the sum of $1,000.00 with Geo. L. Hume and A. P. Shoemaker as sureties, be and the same is hereby approved: That the bond of W. J. Morris, as City Marshal in the sum of $2,000.00 with Stark Washington Shea Low and J. L. Costley, be and the same is hereby approved – City officers sworn The Oath of office was then administered to the followed named officers by Judge Fred Carleton, Viz: Fred Sturging. Assessor & Collector of Taxes W. J. Morris City Marshal Q. E. Leonard City Engineer & official Street Commissioner Dr. J. E. Gilbert City Physician H. Durst City Attorney Alderman Moore moved to strike out of the resolution adopted as to the order of electing of City officers, the 6th Item being the position of Keeper of Parks, which motion prevailed. Bridge Keeper The Mayor declared nominations in order for Bridge Keeper elected Alderman Redd nominated Fred. C. Malone Alderman Miller, Armstrong & Wilhelm were appointed tellers. Alderman Redd moved that nominations for Bridge Keeper be closed and that Fred. C. Malone be elected by acclimation, which motion prevailed The Mayor declared F. C. Malone duly elected as Bridge Keeper for the next two years. --- Page break --- 328 Sanitary Inspector Nominations for Sanitary Inspector being in order Alderman Powell nominated J.D. Schneider Alderman Haynes nominated W.E. Russell Alderman Crooken nominated J.W. Hoff Alderman Crooken Nominated J.E. Ledbetter Nominations, were on motion closed. The tellers announced the following as the result of the first ballot. Schneider 1, Russell 5, Ledbetter 2. Mr. W.E. Russell having received a majority of ballots Mr. W.E. Russell elected was declared duly elected Sanitary Inspector for the ensuing term– The Mayor declared that Nominations for Pound Master were in order Alderman Haynes nominated J.D. Platt Alderman Uhrn nominated Geo. Hearn Alderman Shumate Nominated W.B. Pierce Alderman Crooken Nominated G.B. Wachter Alderman Haynes Nominated J.E. Shoolar Alderman Uhlen nominated Mack Trimble Alderman Pedel nominated C.R. Hutcheson Alderman Von Rosenberg nominated Carlos Rankin Alderman Von Rosenberg nominated J. Nichols Alderman Ourn offered the following resolution Pound Master which was read and adopted. Resolved that the names of all Candidates be presented to the Clerk and by him placed in Nomination The Clerk presented to the Council the names of W.T. Burkhard and Bogle Payne as Candidates for Pound Master Alderman Ourn nominated Bird Paunchill Alderman Von Rosenberg presented the names of Chas. Wolf, Jas. Shelfax & H.R. Ogle Alderman Waddell nominated Jim Lawson and A.A. Perry– The tellers announced the following as the result of the 1st ballot. Wachter 1, Rankin 1, Paunchill 2, Platt 1, Hutcheson 2, Hearn 2, Chas. Wolf 1, Trimble 1, Platt 2, Pierce 1, Payne 1 There being no election a second ballot was ordered, with the following result Wachter 1, Rankin 1, Paunchill 1, Hutcheson 2, Hearn 4 Chas. Wolf 2, Platt 2, Pierce 1, No election The Tellers announced the following as the result of the 3rd ballot Wachter 1, Paunchill 1, Hearn 3, Chas. Wolf 2, Platt 5, Pierce 2 No election. The Tellers announced the following as the result of the 4th ballot. --- Page break --- 329 Hearn 5. Chas Wolf 2. Platt 7. No election. The following was the result of the 5th ballot J. O. Platt elected Council Warden Sexton Hearn 5. Platt 8. Pierce 1- J.O. Platt having received a majority of the Vote of the full Council, the Mayor declared him duly elected as Pound Warden for the ensuing Term. The Mayor declared Nominations for City Sexton in order Alderman Petri nominated I. H. Nitschke Alderman Haynes nominated A. H. Coglan Alderman Shumate nominated J. J. Spencer Nominations were then closed. W. H. Nitschke elected Sexton The tellers announced the following as the result of the ballotNitschke 8. Coglan 5. Spencer 1. Mr. W. H. Nitschke having received a majority, the Mayor declared him elected City Sexton for the ensuing term Nominations for Warden of the City & Hospital being Called for Mrs. J. B. Rogers elected Warden City & Hospital Alderman Wilhelm nominated Mrs. S. N. Weaver Alderman Powell nominated Mrs. J. B. Rogers Alderman Moore nominated Miss Sarah YoungThe tellers announced the following as the result of the 1st ballot- Mrs. Weaver 6. Mrs. Rogers 5. Miss Young 3- No election The result of the 2nd ballot was Mrs. Weaver 4 Mrs. Rogers 8 Miss Young 3- Mrs. J. B. Rogers having received a majority of all the Votes, the Mayor declared her duly elected as Warden of the City & County Hospital for the ensuing term. Nominations for President of the Council being in order Alderman Haynes elected President of the Council Alderman Moore nominated Alderman Shumate Alderman Von Rosenberg nominated Alderman Haynes The tellers announced the following as the result of the ballotAlderman Shumate 6. Alderman Haynes 8. Alderman Haynes having received a majority of all the ballots the Mayor declared him duly elected as President of the Council for the ensuing two years. Nominations for Police at the City Hall were declared in order W. H. Harrison elected Police Alderman Platt nominated Will. Hall Reed. Alderman Booker nominated W. H. Harrison Harrison recd 11 Votes W. Hall 3. The Mayor declared W. H. Harrison elected Police at City Hall Nomination for Policemen being the next in order The Marshal was requested to submit his listThe Marshal submitted the following communication To the Hon. Mayor and Gentlemen of the City Council I here nominate for your Consideration W. H. Waddell for Chief of Police W. H. Morris City Marshal W. H. Waddell Respectfully Submitted W. H. Morris City Marshal Alderman Moore moved that the Council elect a Chief of Police separate from Policemen --- Page break --- 330 The motion was lost by the following vote: Yeas Aldermen Armstrong, Brocken & Wacklen Smith, Voorhies, Rosenberg & Wilhelm 6 Nays Aldermen Cumbus, Haynes, Weldon, Moore, Petri, Powell, Cudd & Shumate 8 The Marshall then submitted the following To the Hon Mayor and Members of the City Council of the City of Austin, Texas, Gentlemen! Respectfully submit to your Honorable body for Consideration and Approval the following names of men for positions on and to constitute the Police force of the City of Austin. H. Waddock Ben Piper Ed Rudick H. H. Rutledge Clyde Caswell A. J. Doley W. Blount J. D. Copeland L. E. Loden S. C. Suerters W. P. Robinson Russell Brown Pat Byrnes Emzy Karrall [illegible] Very Respectfully submitted J. W. Oleorn City Marshall of the City of Austin, Texas, The tellers announced the following as the result of the ballot: For Confirmation Waddock 15, Piper 15, Rudick 16, Rutledge 14, Caswell 13 Doley 16, Blount 11, Copeland 14, Loden 14, Suerters 7 Robinson 12, Browne 12, Byrnes 10, Karrall 8 W. B. Petri, Caswell, Blount, Copeland, Loden, Robinson, Brown, Byrnes & Karrall having received a majority of the Votes, were declared elected Policemen. The Marshall then submitted the following additional names for Confirmation as Policemen John Mallory, L. A. Stanford, Theo Davies, Sam Griffin & Th. Harrison The following was the result of the ballot as announced by the tellers: Mallory 10, Stanford 10, Davies 11, Griffin 12, Harrison 10 The Mayor declared them elected Policemen for the term. On motion the Council adjourned. J. W. Oleorn