348 Regular meeting of the City Council. Austin, Texas, May 15, 1905- Hon. W. D. Shelley Mayor presiding. Roll Called. Present Aldermen Armstrong Crooks Gunnel Haynes Maskan Miller Moore - Poert Powell Von Rosenburg & Swick. Absent Aldermen Redd Von Rosenburg & Wilhelm On motion the minutes were approved as recorded by the Clerk, without reading. Petitions, Memorials etc. Petitions etc. By the Mayor Petition of Wm Bell, asking to have Wm. Bell to refund bond & fees refunded & on motion bond fees. referred to the Committee on all Accounts. By the Mayor - Petition of Citizens of Austin to have Citizens to move water trough moved from the north & south sides of West 6th Street On motion the water & Light Commission was requested to make the change as requested. Alderman Von Rosenburg and Wilhelm entered the Council Chamber. Reports of City Officers Report of Aud. & Call. The Mayor laid before the Council the reports of the Assessor & Collector of Taxes for the months of March and April 1905, which were on motion referred to the Finance Committee, without reading. Reports Standing Comm. Reports of Standing Committees Bills of East Austin Alderman Von Rosenburg for the Finance Committee, to whom was Hotels. referred the bill of East Austin House Co. for amount paid out for repairs to their Hall, presented a report recommending that the bill be allowed and paid On motion the report was adopted. Police Marshals report Alderman Powell for the Police Committee, to whom was referred the report of the City Marshal for the months of April 1905, presented a report stating that same had been examined and found correct. The report of the Committee was adopted. Police uniforms Alderman Powell for the Police Committee, to whom for [illegible] men was referred the resolution regarding uniforms for Policemen, presented a report submitting an Ordinance on the subject and 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 Police in appointment Alderman Powell for the Police Committee to whom Special Policemen was referred an ordinance providing for the appointment of special Policemen, presented a report proposing certain amendments, recommending --- Page break --- the passage of the ordinance with the amendment. The report was read and on motion was laid over to come up with the ordinance under the head of unfinished business. Alderman Peirson for the Claims and accounts Committee Etc & a motion C H Powell to refund to whom was referred the petition of C.H. Powell to have certain pound fees refunded, presented a report pound fees recommending that the amount of $2.25 be refunded. On motion the report was adopted. Alderman Wilhelm for the Sanitary Committee to Sanitary motion on report whom was referred the report of Geo Caylor for the month of April 1905, presented a report stating that same had been examined and found Correct. On motion the report was adopted. By L. G. Say for appointment By Alderman Wilhelm, petition from Citizens of Pound keeper asking that L.G. Say be elected Pound keeper. Read and laid over. Alderman Redd entered the Council Chamber. Alderman Armstrong for the special Committee appointed to investigate Certain Violation of the Charter and working hours, presented the following report. Austin, Texas, May 15th 1905 To the Hon W.O. Shelley, Mayor, and City Council of the City of Austin, Texas. Gentlemen, Report of special Committee on We, your special Committee, appointed for Violations labor the purpose of investigating Certain alleged Violations ordinance of the City Charter and ordinances of the City of Austin, beg leave to report as follows; First we have carefully investigated the Charter of the City of Austin and have consulted the City Attorney with reference to the legality of the same, and find as follows: That Section 137 on page 46 of the City Charter of the City of Austin, passed by the Legislature of the State of Texas, and approved by the Governor on the 10th day of April, 1901, provided as follows: "Eight hours shall Constitute a day's labor on all work performed for the City by mechanics, laborers and labor, or whether performed directly for the City or indirectly by Contract." The further find that, upon investigation, a branch of the City Government, which is known as the Austin Water Light & Power Committee of the City of Austin, have adopted revisions or rules, providing that their employees shall work on public works between broad [illegible] and [illegible] of Austin and twelve hours respectively, the outside men working ten hours, and the inside men working twelve hours, --- Page break --- 350 This rule, providing for the work hours, as above, was inaugurated either by the Commission or by the present Superintendent of the Austin, Water, Light & Power Plant, (A.W.L. & P. Plant), the exact way in which it was put in operation, we are unable to say. But the fact remains that the Superintendent, over the protest of certain individuals, is now working the employees of the Austin Water Light & Power Plant ten and twelve hours respectively. The rule, as above said, Consulted the City Attorney, and in his judgment the provisions of the charter, (Sec. 107, page 107,) which applies with equal force to the Austin Light Commission and their employees, as it does to the employees of the City directly. That being the case, we report that the Charter Provision and the ordinance based on the Charter Provision are being violated by the Austin Water, Light & Power Commission and by their Superintendent. We also think that employees working as the employees of the Austin, Light & Power Plant now work, (viz: ten and twelve hours respectively), cannot perform their duties on labor as efficiently for a period of twelve hours as they could working a shorter space of time. We realize that the Austin Water, Light & Power Commission under the charter of the City of Austin have a right to "fix their salaries and amounts of Compensation. Each employee shall receive with power to reduce or change such Compensation at its pleasure", but we do not think that this provision of the Charter, would allow them to work employees over eight hours, as provided for by Sec 107 of the Charter. We, therefore, recommend to this Council that they adapt the resolution herewith submitted, which provides that the employees of the plant be worked eight hours only, and that the Superintendent and the Water and Light- Commission be requested to carry out the provisions of the Charter. Joe Watson F.R. Moore Chas. F. Armstrong On motion the report of the Committee was adopted Unfinished Business The Mayor called before the Council the following resolution, Whereas, the Austin Water, Light & Power Commission and their Superintendent are (now in charge of the plant of the Austin Water, --- Page break --- 351 Resolution on Violations of Charter by the w & L Comm. Showing Law Light & Power Commission are now engaged in operating their plant in the City of Austin with certain shifts of men; and Whereas, the said Austin Water, Light & Power Commission and their Superintendent work said shifts of men and employees for the period of ten and twelve hours, respectively, the inside workmen and employees working twelve hours, and the outside workmen and employees working ten hours, respectively; and Whereas, the City Council of the City of Austin understands that there is no authority of law, on the part of the Austin Water, Light & Power Commission and their Superintendent to work said employees either ten or twelve hours respectively, but understand and believe that Article 137 of the Charter of the City of Austin, approved by the Governor April 10th 1901, which reads as follows: "Eight hours shall constitute a day's labor on all work performed for the City by mechanics, artisans and laborers, whether performed directly for the City or indirectly by contract," is applicable as well to the Austin Water, Light & Power Commission of the City of Austin and its employees, as it is to the City of Austin and its employees; Therefore be it resolved by the City Council of the City of Austin that they do in their official capacity, respectfully request the Austin Water, Light & Power Commission of the City of Austin to inaugurate and adopt in the management and control of their said plant and the operation thereof that provision of the Charter of the City of Austin, which provides for the eight hours work day for employees, and that they work their employees in accordance with said provision above quoted. Respectfully Submitted J. W. Warren Thos. J. Armstrong P. W. Powell Special Policeman Appointment of On motion the resolution was adopted. The Mayor laid before the Council an ordinance providing for the appointment of Special Policemen, with the report of the Police Committee proposing certain amendments to the same. The ordinance was read the second time. On motion the amendments offered by the Police Committee were adopted. A motion was then made to suspend the rule and place the ordinance on its third reading for final passage, which motion prevailed by the following vote: Yeas Aldermen Armstrong, Cronan, Burgess, Illiasson --- Page break --- Miller Moore Petri Powell Redd Plummer Smith Von Rosenberg Wilhelm 14 Nays none Police Uniforms The Ordinance was read the third time & passed. The Mayor laid before the Council the substitute ordinance proposed by the Police Committee, to whom was referred the resolution, requesting the Marshal to conform to Certain rules regarding Uniforms for policemen etc. The ordinance was read the first time. On motion the rules was suspended and the ordinance placed on its second reading by the following vote: Yeas Aldermen Armstrong Crooker Cunes Haynes Wacker Miller Moore Petri Powell Redd Plummer Smith Von Rosenberg Wilhelm 14 Nays none The ordinance was read the second time. Alderman Smith moved to Amend the ordinance by striking out the word "Stetson" and inserting in lieu thereof the word "Imperial". Alderman Cunes moved as a substitute that instead of Stetson or Imperial, the words "Grey-hat, same as firemen" the substitute was adopted by the following vote Yeas Aldermen Armstrong Crooker Cunes Wacker Dunn Moore Petri Powell Redd Plummer Smith 10 Nays Aldermen Haynes Miller Wilhelm Smith 4 On motion the rules was suspended and the ordinance placed on its third reading & final passage by the following vote Yeas Aldermen Armstrong Crooker Cunes Haynes Wacker Miller Moore Petri Powell Redd Plummer Smith Von Rosenberg Wilhelm 14 Nays none Park Ordinance The ordinance was then read the third time Amended. and passed. The Mayor laid before the Council an ordinance To amend the Park ordinance, So as to allow the Council to elect the Park Keeper. The ordinance was read the third time and passed. Purchase of a The Mayor laid before the Council an ordinance appropriating Council Chamber the Sum of $10.00 for the purpose of purchasing a Clock for the Council Chamber, which having heretofore been read three times was passed. New Business $50 in work in City By Alderman Wilhelm An ordinance appropriating Repairs. the Sum of $50.00 for the purpose of making repairs and Improvements in the City Cemetery. The ordinance was read the first time & the rules suspension by the following vote: Yeas Aldermen Armstrong Crooker Cunes Haynes Wilhelm --- Page break --- Miller Moore Petri Powell Redd Shunmate Smith Von Rosenberg & Wilhelm Nays none. 14 By Alderman Shunmate an ordinance permitting the Austin Electric R.R. Austin Electric Railway Company to change from a double to a single track its line of street Railway on East Sixth track on 6th & 1st Street in the City of Austin. 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 Armstrong Brooken Duncan Haynes Maaken Miller Moore Petri Powell Redd Shunmate Smith Von Rosenberg & Wilhelm 14 Nays none. The ordinance was read the second time Alderman Powell moved to refer the ordinance to the Ordinance Committee and City Attorney with instructions to report at this meeting of the Council, which motion was lost by the following Vote Yeas Aldermen Powell & Redd 2 Nays Aldermen Armstrong Brooken Duncan Haynes Maaken Miller Moore Petri Shunmate Smith Von Rosenberg & Wilhelm Alderman Brooken offered the following Amendment "Provided, that the Said Austin Electric Railway Company shall not hereafter have the right to lay a double track along said Street between Congress avenue and E. 6th Avenue without first attaining the consent of the Council of the City of Austin". The Amendment was adopted under suspension of the rules Yeas Aldermen Armstrong Brooken Duncan Haynes Maaken Miller Moore Petri Powell Redd Shunmate Smith Von Rosenberg 14 & Wilhelm Nays none. $450.00 for paving Congress Avenue By Alderman Shunmate an ordinance appropriating the sum of $4500.00 for the purpose of paving the intersection of Congress Avenue embracing 9th 10th & one half of 11th Sts, and laying water pipes. The ordinance was read the first time & a motion was made to suspend the rules and place it on its second reading, which motion prevailed by the following Vote Yeas Aldermen Armstrong Brooken Duncan Haynes Maaken Miller Moore Petri Powell Redd Shunmate Smith Von Rosenberg & Wilhelm 14 Nays none. The ordinance was read the second time. Alderman Maaken moved to amend same by adding "Provided however that this appropriation is to be expended under the supervision of the Paving Committee & Engineer." --- Page break --- 354 and that it further be suspended legally with reference to the right hour Ordinance of the City of Austin The amendment was adopted and the ordinance passed under suspension of the rule by the following vote Yeas Aldermen Armstrong, Crooker, Gaines, Haynes, Meacham, Meador, Moore, Petri, Posey, Read, Shumate, Smith, Von Rosenberg, Wilhelm. 14 Nays none. #36. to Clean Cmg Avenue By Aldermen Smith An Ordinance appropriating the Sum of $36.00 for the purpose of employing extra help for Sanitary Inspector for the purpose of keeping paved street clean The Ordinance was read the first time, and passed under suspension of the rule by the following Vote: Yeas Aldermen Armstrong, Crooker, Gaines, Meacham, Meador, Petri, Posey, Read, Shumate, Smith, Von Rosenberg, Wilhelm 11 Nays Aldermen Gaines, Moore, Von Rosenberg. 3 Alderman Moore offered the following resolution, which was read and adopted W&L Com requested to Be it resolved by the City Council of the City of Austin that furnish list of employees the Water and Light Commission are respectfully with Salaries requested to furnish the Council an itemized list of the number of Men employed at the plant by the former Commission and their salaries from Sept to the Coal Season, and that the Water and Light Commission are further requested to furnish the Council an itemized list of the number of Men employed by them at the plant and their Salaries from Sept to the Coal Season. City Eng asked to open Alderman Read moved that the City Engineer be requested Fredericksburg road to state to the Council the condition of affairs regarding the opening up of the old Fredericksburg Road. After statement made by the Engineer Alderman Moore moved that the City Engineer be directed to interview Wm M Butler, and that he be directed to proceed to lay out said road in accordance with the agreement filed and the ordinance passed on the subject, which motion prevailed Alderman Moore offered the following resolution W&L Com requested which was read and adopted to remove pipe put in Be it resolved by the City Council of the City of Austin, River in 7th St. that the Water and Light Commission are hereby requested to remove about 1000 feet of 2" main in 7th St beginning at east side of driving park to a point near Bonds Garden and replace same with a 4" main as said 2" pipe is entirely rotten and is a menace to the public road By Alderman Moore An ordinance appropriating the sum of $60.00 for the purpose of relaying roadway where damaged by water on 7th Street. The ordinance was read the first time and passed under suspension of the rules by the --- Page break --- fallowing Valé Yeas Aldermen Armstrong Crooker Quines Kaynes Waaken Willson Mroore Patri Powell Redd & Shumate Smith Von Rosburg Wilhelm 14 Nays None Alderman Shumate offered the following resolution Resolved that the Police Committee investigate and report on the ordinance relating to the necessity of employing a dog catcher. The resolution was read. Alderman Waaken moved as a substitute for the resolution that the Council now proceed to the election of a dog catcher and Asst dog catcher. The substitute was adopted. The Mayor appointed Aldermen Von Rosenburg & Wilhelm as tellers, and declared nominations for dog Catcher in order. Alderman Patri nominated Rufus Overstreet Alderman Wilhelm nominated J. H. Shooler Alderman Moore nominated A. B. Boutwell Alderman Wilhelm nominated S. J. Jacobs Alderman Crooker nominated F. Le Gais Alderman Redd nominated Leo Coans The tellers announced the following as the result of the first ballot. Overstreet 2 Shooler 7. Boutwell 1 Jacobs 1 Le Gais 2 Coans 1 There being No election a new ballot was ordered, which resulted as follows, to wit: Overstreet 5 Shooler 8 Boutwell 1 J. H. Shooler having received a majority of all the votes Cast the Mayor declared him duly elected dog Catcher for the ensuing term. Nominations for Asst dog Catcher being declared in order Alderman Crooker nominated Joe Coleman Alderman Redd nominated Wm Green The tellers announced as a result of the first ballotColeman 7. Green 7 - There being no election a new ballot was ordered, which resulted as follows. Viz: Coleman 8 Green 6. Joe Coleman having received a majority of all the Votes was declared elected Asst Dog Catcher for the term. Alderman Waaken moved that the Council now proceed to the election of a Keeper of Parks, which motion prevailed. Nominations being in order Alderman Crooker nominated J. H. Pittsford Alderman Moore nominated J. J. W. Barden Alderman Wilhelm Nominated E. A. King Alderman Waaken nominated J. H. Powell Alderman Redd Nominated C. H. Gilmore Alderman Shumate Nominated Wm M. Connell --- Page break --- -356 The tellers announced the following ballot: Pilisford 4. Barden 4. Day 1. Broull & Tharman 3. There being no election, another ballot was ordered, which resulted as follows: Pilisford 7. Broull 1. Broull 6 and Mosher 2. No election. Third ballot resulted as follows: Powell 7. Pilsford 5. [illegible] having received a recay of all the votes again the Mayor declared him elected as keeper of Parks for the unexpired term. Alderman Hennan offered the following resolution which was read and adopted. committee to invite bids for street Sweeper. That Street Committee and Paving Committee be authorized to invite bids for a Street Sweeper. and to subdivide such proposals as they may receive to the Council for further consideration. ordinance regulating work on the Streets. By Alderman Armstrong An ordinance regulating work done on the Streets and Alleys of the City of Austin either by the City, or private Contractors, or individuals. The ordinance was read the first time. Alderman Von Rasemburg Moved to lay the ordinance on the table. Alderman Whacker moved to refer it to the ordinance Committee, which motion prevailed. $350. for plumbing at Hospital. By Alderman Dunn an ordinance appropriating the sum of $350.ºº for the purpose of paying for plumbing at the Hospital. The ordinance was read the first time. Alderman Whacker moved that before this money is expended the Hospital Committee be directed to confer with the County Commissioners Court in regard to the renewal of the Contract with them for support of the Hospital, and ascertain if they will appropriate a similar amount for improvements of Hospital, which motion prevailed. The ordinance was then passed under suspension of the rules by the following Vote Yeas Aldermen Armstrong, Brodtkorb, Dunn, Gaines, Hayden Guillen, Moore, Petri, Powell, Shumate, Smith, Von Rosenburg, Whacker. 13 Nays Alderman Redd Ordinance inviting Ad. Scutt to name Numbers etc By Alderman Smith an ordinance permitting A. B. Stutt to name and Number the Blocks of the City of Austin and to place certain advertisements on such Names and Numbers. The ordinance was read the first Time and on Motion was referred to the Street Committee. [illegible] street work. By the Street Committee an ordinance appropriating the sum of $100.ºº for the purpose of paying for Street work. The ordinance was read the first time and passed under suspension of the rules by the following Vote --- Page break --- 357 Aldermen Armstrong Crooker Cuney Haynes Reeder Weller Moore Petri Powell Read & Shumate Smith & Rosenberg Fro Ibelan 14 nays none. Alderman Haynes offered the following resolution which was read and adopted. City Treasurer to Be it resolved by the City Council of the City of Austin: That transfer funds the City Treasurer be and he is hereby directed to transfer from the Permanent Paving fund to the General fund the sum of $250.00, an amount erroneously paid out of the General fund for Salary of Consulting Engineer on plans and specifications for paving Congress Avenue. Alderman Shumate offered the following resolution which was read and adopted. Whereas the Paving Committee of the City Council are Finance Com. to desirous of knowing the exact amount of unappropriated [illegible] balance now existing in the Permanent Street Paving fund fund. Now therefore be it resolved by the City Council of the City of Austin that the Finance Committee be and they are hereby instructed to investigate and report the unappropriated balance now in the City Treasury to the credit of the permanent Street Paving fund, and that said Committee is instructed to report to a special meeting of the City Council to be hereafter called. Alderman Shumate offered the following resolution which was read and adopted. Whereas it is the desire of certain property owners and of the Street Committee and occupants of buildings on East 6th Street to have the streets paved with Vitrified brick in Mayor & Paving front of their respective property Com authorized to Now therefore be it resolved by the City Council of the City Contract for paving of Austin that the Mayor and Paving Committee of the part of E. 6th City Council be and they are hereby authorized to enter into a Contract with Wells & Brown of Dabney for the paving of East 6th Street from Congress Avenue east to Red River Street, with Vitrified brick, and under the same terms and conditions and for the same price per square yard both for paving and excavating as the paving of Congress Avenue. Police Com. with Alderman Powell for the Police Committee to whom was [illegible] time on referred an ordinance repealing certain bond ordinance paving ordinance asked for further time in which to report on same, which request was granted. Alderman Haynes for the Special Committee appointed Charter Amendment to obtain from the Legislature a change in the Charter stated that the Committee had discharged its duty and the change in the Charter obtained. The Mayor suggested that the Committee be continued for further services owing to the leasing of the dam, & it was so ordered. --- Page break --- 358 Von Rosenberg shumate added to same Committee Bonds of City Treasurer K. A. Hre approved. approved accounts On motion of Alderman Haynes, Alderman Von Rosenberg and Shumate were added to the Committee The Mayor laid before the Council the official bonds of K. A. Hre as City Treasurer which were approved by the Council By Alderman Haynes an ordinance appropriating the sum of $240.99 for the purpose of paying approved accounts Street Dept. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Armstrong, Crooker, Cumes, Haynes, Macken, Miller Moore, Petri, Powell, Redd, Shumate, Smith, Von Rosenberg and Wilhelm Nays none. 14 By Alderman Haynes an ordinance appropriating the sum of $954.84 for the purpose of paying approved accounts The ordinance was read the first time and a motion made to suspend the rules and place it on its second reading, which motion prevailed by the following Vote Yeas Alderman Armstrong, Crooker, Cumes, Haynes, Macken, Miller Moore, Petri, Powell, Redd, Shumate, Smith, Von Rosenberg and Wilhelm 14 Nays none. The ordinance was read the second time, Alderman Haynes moved to amend same by adding "for East Quarto, Stucco $50.00, for repairing building $50.00" the Amendment was adopted and the ordinance passed under suspension of the rules by the following Vote Yeas Alderman Armstrong, Crooker, Cumes, Haynes, Macken, Miller Moore, Petri, Powell, Redd, Shumate, Smith, Von Rosenberg, Wilhelm Nays none. On motion the Council adjourned. J H Johnson City Clerk