Regular meeting of the City Council Austin, Texas, August 21, 1905 Hon W.D.S. Shelley, Mayor, Presiding Roll Called. Present Aldermen Armstrong, Crooken, Qunea, Haynes Willen, Moore, Petri, Powell, Redd, Shumate, Von Rosenberg Wilhelm. 13 Absent Alderman Wacke. 1 On motion the minutes were approved as recorded by the Clerk without reading. Petitions, memorials, etc. Petitions, etc. By Alderman Smith – Petition Southern Oil Co. of the Southern Oil to erect storage Company for permission to erect storage oil tanks on tanks Lots 23, Block 2, of the City Tract, and a motion made to refer in to the Streets Committee, which motion was lost by the following vote Yeas Aldermen Haynes & Redd 2 Nays Aldermen Armstrong, Crooken, Qunea, Willen Moore, Petri, Powell, Shumate, Smith, Von Rosenberg and Wilhelm. 11 On motion the petition was granted. J.L. Shooters to By Alderman Cordelle, petition of J.L. Shooters to have remit fine fine assessed against him in the Mayors Court remitted. On motion the petition was granted Prop. Prison for The Mayor laid before the Council a communication from special policeman H.L. [illegible] Supt. Blind Asylum asking that the right Watchman of that institution be appointed a special Policeman. Alderman Moore offered the following resolution which was read and adopted. Be it resolved by the City Council of the City of Austin, that the Mayor is hereby authorized to appoint a special officer for the Blind Institute, Said officer to be a watchman in the employ of the State, at no cost to the City. By Alderman Moore – Petition of Citizens to establish the Salvation Army Social Bureau of Charities, at the Salvation Army Hall. Read and on motion referred to the Charity Committee. Board of Equalization The Mayor laid before the Council a communication from regarding building R.W. Betterman, from the Board of Equalization, regarding permits the issuance of building permits, which was read and on motion referred to the ordinance Committee. Alderman Wacken entered the Council Chamber. The Mayor laid before the Council a communication from Labanian Ruggles Atty for certain bond holders, asking payment of certain interest coupons, which was read and on motion was referred to the Finance Committee. --- Page break --- 401 The tellers announced the following as the result of the ballot. For Confirmation 5. The Marshal then Submitted the name of Q. K. Berlin and he was Confirmed by a vote of 14. Q. K. Berlin Nomination - Confirmation Policeman The Mayor announced that Q. K. Berlin having received a majority of all votes, Each had been elected a Policeman to Serve for the unexpired term, to fill the vacancy caused by the resignation of J. H. Robinson Jr. Alderman Macken offered the following resolution. Whereas there is a litigation between the City of Austin and Resolution re - Litigation Com- mittee to meet & confer w/ Water & Light Commission therefore. the Water and Light Commission, And it is most desirable, to the interest and welfare of the City, and it is desirable that such differences be Settled and amicably arranged; Therefore Be it resolved by the City Council of the City of Austin That a Committee composed of three members of the City Council, and three Citizens of Austin, be appointed by the Mayor, whose duty it shall be to meet and Confer with the Water Light & Power Commission, with a view of arranging terms for a peaceable, definite and final Settlement of all matters of differences existing between Said agencies of the City Government. Be it the duty of Said Committee to make report to this Council, within a reasonable time, of such action as may be taken by Said Committee or the Water, Light & Power Commission for action thereon by the Council. Alderman Moore moved to lay the resolution on the table which motion was lost by the following vote Yeas Aldermen Burns, Haynes, Miller, Moore, Petri, Smith & Wilhelm 7. Nays Aldermen Armstrong, Crooker, Macken, Powell, Redd, Shumate & Von Rosenberg. 7. The resolution was then adopted by the following vote Yeas Aldermen Armstrong, Crooker, Macken, Powell, Redd, Shumate, Von Rosenberg & the Mayor. 8. Nays Aldermen Burns, Haynes, Miller, Moore, Petri, Smith & Wilhelm. 7. Alderman Haynes offered the following resolution which was read and adopted. Resolution re fraudulent Bonds Whereas it has come to the knowledge of the City Council of the City of Austin that Certain of the City's bonds have been fraudulently issued or forged by Certain parties to this time unknown and whereas the Mayor and Certain other officials have already made investigations at their own expense and where it is now necessary to further investigate said matter and to take legal action in the matter Be it resolved that the City Council appoint- --- Page break --- 402 Special Committee to a Special Committee composed of the Mayor, Chairman investigate background of the Finance Committee and City Attorney whose duty it shall be to make any and all investigation deemed necessary, and report same to this CouncilThe resolution was adopted. $350.00 for expenses By Aldermen Haynes An ordinance appropriating the sum Special Committee of $350. for the purpose of paying expenses of special fraudulent bond issue. Committee to investigate fraudulent bond issue, The ordinance was read the first time and a motion was made to suspend the rule, to read it on its second reading which was lost by the following vote: Yeas Aldermen Armstrong, Haynes, Macham, Peen, Smith and Von Rosenberg 6 Nays Aldermen Crooker, Dumes, Miller, Moore, Powell, Redd Shumate and Wilhelm 8 $350.00 for foot bridge By Aldermen Miller & Redd An ordinance appropriating on walkway south the sum of $350.00 for the purpose of building a footway Ring Avenue from the Colorado River bridge to a point near Bouldin bridge on Congress Avenue. The ordinance was read the first time and on motion of Alderman Haynes was referred to the Street & Finance Committee with instructions to report at an adjourned regular meeting of the Council to be held Monday Aug. 28th 1905 at 8 O'clock P.M. Aldermen Macham The Mayor appointed Aldermen Macham, Armstrong Armstrong & Shumate & Shumate on the Committee on the part of the Comte to Confer with Council to meet with the Water, Light Commission W & L Commission to adjust differences between the Commission and the Council Resolution on the Alderman Miller offered the following resolution matter of differences Whereas, the members of the City Council are elected by between W & L Comm the people of Austin to act for the people at all times in the Council - matters affecting their collective interests; and. demanding resolution Whereas, it is of vital importance to every citizen of information relative Austin that the City's water and light plant be W & L Commission eventually improved to the end that water and light service to all parts of the City, and at all times may be had. And. Whereas, the citizens of Austin are paying emergency rates for water and light service because they recognize the necessity of immediately placing their pumping plant out of imminent danger of a breakdown, and in a condition to furnish water to all parts of the City at rates much less than the present confiscatory rate; and Whereas though the citizens of Austin are making every endeavor to furnish the necessary money, it does not seem that the proper [illegible] is being made towards remedy by the expensive operation of the plant; or towards --- Page break --- Strengthening its unsatisfactory parts; and, whereas, it is our belief that the Superintendent of the water and light plant, because of his many erroneous recommen-dations to the Commission, is responsible for the unsatisfactory progress made towards bettering the plant, as well as for the discord existing between the Commission on one side and the Council and the people on the other; And, whereas, it is generally admitted that his efforts to have the Commission erect a stand pipe in Hyde Park before bettering the pumping plant, have universally rendered useless the Commission of a vital error, and his further recommen-dation for the selling of pumping machinery at the dam and at the artesian water plant, worth from $60.000. to $75.000. as old junk, without investigating the condition of said machinery, have ever sacrificed the City's interest, Now therefore Be it resolved by the City Council that Wm Bachman received entirely too much for the services rendered when he was paid at the rate of $5.000.oo per year, and that he is receiving entirely too much now in getting $3600.oo a year with the privilege of spending such time as he may choose in attending to his private business Be it further resolved that the Council strongly urges in the interest of the people of Austin, in the interest of harmony that owned at last in the interest of the betterment of the water and light plant, that Mr. Bachman's tendered resignation be immediately accepted by the water & Light Commission. $300. for extra By Alderman Smith an ordinance appropriating Labor & Teams. the sum of $300.oo for the purpose of paying for extra Street labor & Teams. The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Alderman Armstrong, Crocker, Bunce, Haynes, Macken, Miller, Moore, Petry, Powell, Redd, Shumate, Smith, Von Rosenberg & Wilhelm Nays None. 18 Hogs within city limits By Alderman Armstrong an ordinance prohibiting the keeping of hogs within the limits of the City of Austin The ordinance was read the first time, and on motion was referred to the Police Committee. Screening and Disinfecting By Alderman Shumate an ordinance providing for the screening and disinfecting of low, boggy, marshy and standing water The ordinance was read the first time and on motion was referred to the Sanitary Committee. By Alderman Bunce an ordinance appropriating the sum of $635.oo for the purpose of paying for extra Sanitary Labor. --- Page break --- 404 The ordinance was read the first time and passed Under suspension of the rules by the following Vote Yeas Aldermen Armstrong, Crooker, Guinea, Haynes Quacken, Miller, Moore, Petri, Powell, Redd, Shumate Smith, Von Rosenberg & Wilhelm Nays none. Alderman Smith alleove offered the following resolution which was read and adopted whereas it has come to the knowledge of the Sanitary department of the City of Austin that the states sewer which empties into the Colorado River upon the foot of East Avenue is in a very unsanitary Condition, and whereas the Superintendent of Public Buildings and Grounds has been asked to remedy same but has failed Therefore Beit resolved by the City Council of the City of Austin that the State Health officer be and he is hereby requested to have same remedied at as early a date as possible. Labor Day Celebration The Mayor laid before the Council a Communication invitation to inviting the Council to participate in the Labor day Celebration to be had on Sept 4th 1905. On motion the invitation was accepted. Alderman Crooker offered the following resolution which was read and adopted. Street Car Co to Resolved by the City Council be and he is hereby authorized to put streets in condition Notify the Street Car Company that they must put east 6th streets in good condition from the west side of Red River Street to Waller Creek Alderman Haynes 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 is hereby instructed To Notify the Austin Electric Car Company to at once have the rocks raked up and removed from the Streets, which said Company have recently worked in placing their tracks. Salaries of dog catcher Alderman Crooker an ordinance appropriating The sum of $80.00 for the purpose of paying the Salaries of the dog catcher and his assistant for the months of Aug, Sept & Oct 1905. The ordinance was read the first time and on motion The rule was suspended and the ordinance placed on its second reading by the following 7 ais: Yeas Aldermen Armstrong, Crooker, Guinea, Haynes, Machon Miller, Moore, Can, Powell, Redd, Shumate, Smith Von Rosenberg & Wilhelm Nays none. The ordinance was read the second time. --- Page break --- 405 Alderman Von Rosenberg moved to amend the ordinance by striking out "October" also by striking out "$ 75.⁰⁰ and inserting in lieu thereof $160.⁰⁰ The amendments were adopted by the following Vote Yeas Alderman Armstrong, Crovick, Clencast, Haynes, Petri Shummate, Von Rosenberg, Wiehelm 8 Nays Alderman Wracker, Millen, Moore, Powell, Redd Smith 6. The Ordinance as amended was then passed under suspension of the rule by the following Vote Aldermen Armstrong, Crooker, Clencast, Haynes, Reacan Millen, Moore, Petri, Powell, Redd, Shummate, Smith Von Rosenberg, Wiehelm 14. Nays None. $80.⁰⁰ to pay Salary By Alderman Shummate an Ordinance appropriating Wm Goellee the sum of $80.⁰⁰ for the purpose of paying Wm Goellee Cleaning street for 2 months services cleaning streets The Ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Armstrong, Crooker, Clencast, Haynes, Woerken Millen, Moore, Petri, Powell, Redd, Shummate, Smith Von Rosenberg, Wiehelm 14. Nays None. Old Ordinance. Alderman Moore was excused from further attendance at this session of the Council By Alderman Haynes an Ordinance appropriating Approved fees the sum of $1111.⁰² 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 Armstrong, Crooker, Clencast, Haynes Wracken, Millen, Petri, Powell, Redd, Shummate, Smith Von Rosenberg, Wiehelm 13. Nays none. Approved fees, By Alderman Haynes an Ordinance appropriating Street Dept. the sum of $700.⁰⁰ 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 Aldermen Armstrong, Crooker, Clencast, Haynes, Wracken Millen, Petri, Powell, Redd, Shummate, Smith, Von Rosenberg Wiehelm 14. Nays none. On motion the Council... adjourned until Monday Aug. 29th, 1905, at 8 oclock P.M. 7 Gust. Johnson City Clerk --- Page break --- 406 Adjourned Regular meeting of the City Council Austin Texas, Aug 28th 1905 Hon W C Shelley mayor, presiding Roll Called Present Aldermen Armstrong Crooke Haynes Wacker Wilson Cilove Petri Powell Rudd Thruelale Smith Wilhelm Absent Alderman Von Rosenberg Petitions, memorials etc Petition & proposition Mr Gayson laid before the Council a proposition of by Ramsay to improve Mr. Ramsay to improve the Park between 5th Park. 5th Street on the west side of the City, which was read and on motion referred to the Park Committee. Alderman Von Roseberry entered the Council Chamber Alderman Smith offered the following resolution which was read and adopted Resolution to close Be it resolved by the City Council of the City of Austin crossing on I & GN RR that, Whereas, the crossing of West 5th Street on west 5th Street over the main line track of the International and Great Northern Railroad immediately South of the Cut in the right of way of said Railroad known as the "Whale Rock Cut" is dangerous to persons walking, riding or driving across same on account of the short distance for which trains approaching said crossing from North can be seen by persons on or near said crossing, and on account of the Curve and Cut North of said Crossing and the heavy down grade of said railroad track from the North to said crossing the operatives of trains approaching said Crossing from the North cannot see persons on or Near said Crossing, and could not, after seeing such persons, on account of said grade, stop a train before reaching and passing said Crossing. And whereas the Bridge on culvert in said West Sixth Street a short distance West of said Crossing is and for a long time has been in a defective, dangerous and unsafe condition, so that it cannot safely be passed by any one on horseback or in any Kind of conveyance. Also there is an open, safe and convenient Street extending from the Branch of said West Sixth Street which passes under the track of said International Great Northern Railroad to the South of said Crossing above referred to. To all points reached by said street and crossing above referred to. Now therefore be it resolved that said crossing of said West Sixth Street above described be and the same is ordered Closed, and the City Engineer is hereby authorized and required to close and fence said West Sixth Street on each side of said Crossing with good and substantial, etc. --- Page break --- 407 fences to run between and connect the right of way fences of said railroad Company, where the same are now interrupted by said crossing. Reports of special Committees Reports Special Committees Alderman Staynes for Finance and Street Committees to whom was referred an ordinance appropriating Street & Finance the sum of $350.00 for the purpose of building a foot-way an appropriation from the bridge across the Colorado River to a point for foot-way near Goulding’s bridge on South Congress Avenue South Cong Ave presented a report stating, that they had carefully considered the ordinance in connection with the condition of the street fund in the City Treasury and were of the opinion that the sum of $285.00 was the most that could be spared for this improvement And submitting an ordinance appropriating that amount for the purpose indicated! On motion the report of the committees was adopted Special to confer Alderman Machen for the special Committee on the with Water Light part of the Council, who were appointed to meet with Commission a citizens Committee appointed by the Mayor, were to meet with the Com Water, Light & Power Commission to devise a settlement of the matters existing between the City Council and the Water Light Commission presented the following report Austin, August 28th, 1905 To the Hon. Mayor and City Council of the City of Austin: The Committee appointed by the Mayor, pursuant to resolution of the Council for the purpose of acting in conjunction with the Austin Water, Light and Power Commission of the City of Austin and the Committee of Citizens also appointed by the Mayor pursuant to said resolution, for the purpose of trying to adjust the differences between the Council and the Commission, beg leave to report that, after various Conferences, the Council on behalf of the City Council have agreed to recommend to the Council the Commission have agreed to accept, and the Committee of Citizens have endorsed the plan of settlement set forth in the paper attached hereto which is asked to be considered a part of this report. Respectfully Submitted Joe Machen Chairman. Austin Tex, August 28th, 1905 To the Austin Water, Light and Power Commission and the City of Austin Gentlemen: The undersigned members of the City Council of the City of Austin, who were appointed by --- Page break --- The mayor as a Committee, on behalf of the Council, to act in conjunction with your honorable Body, and the Committee of Citizens appointed by the Mayor for the purpose of trying to arrange an adjustment satisfactory to both the Council and the Commission of the differences now existing between them, - beg leave to say that, subject to your approval, we will recommend to the Council that such differences be adjusted and arranged for the time covered by this agreement in the following manner, to-wit: 1. The private suit by the City against the Commission, now pending in the District Court of the 53rd Judicial District, to compel the Commission to furnish light to the City and the Cross-action brought in said suit by the Commission against the City to compel payment by the City of certain sums claimed by the Commission to be due by the City for furnishing water and light to the City, shall be dismissed both as to the equal costs of the suit, and without prejudice to the rights of either party to ultimately have the question raised in said case adjudicated. The question as to the right of the Commission, under the charter provisions of the City of Austin, to collect from the City for water and light furnished the City, and the question of the right of the City to offset the amount claimed by the Commission for such water and light with the sums now being paid annually by the City on the purchase of the said water and light system, shall both remain unsettled and undetermined but the Commission shall not institute any suit against the City for the purpose of trying to collect the sums claimed by it to be due by the City, under charter provisions, for water and light furnished for the period of two years 2. The City for the purpose of assisting the Commission to repair the water and light plant, or to make such additions thereto or betterments therein, as the Commission may deem best so as to furnish an adequate supply of water and light to the City and the public, and to lessen the expense of operating said plant, shall lend to the Commission for the term ending April 1st 1907, without interest, the sum of $12.000.00 now on hand and known as "the City Hall Fund"; and the Commission shall bind itself to repay said sum to the City on or before April 1st 1907, without undertaking to offset the same with any claim against the City of any character whatsoever The City shall also, for the purpose of assisting the Commission in bettering said water and light plant, each year up to April 1st 1907, beginning with --- Page break --- 409 1906, pay over to the Commission, if in the judgement of the Commission the same is needed the sum of $5000.⁰⁰ to be provided for in the budget; and in the event that it should finally be determined that the Commission is entitled to collect from the City for water and light furnished under the Charter provisions of the City, then the amount so furnished, each year shall be an offset against the amount claimed by the Commission for such water and light for such year. 3. The Commission shall agree to furnish water and light to the City for the period of two years without at the time demanding any compensation therefor, further than is herein provided, but the Commission shall not be precluded, after the expiration of such two years, from claiming compensation from the City for water and light furnished during such two years, nor shall the City be precluded from denying such claim. Joe Wackien Fred Armstrong Committee for, in behalf of the Council Austin, Texas, August 28, 1905 To the Honorable The Austin Water Light and Power Commission of the City of Austin, and the Honorable City Council of the City of Austin Gentlemen: We, the undersigned Citizens appointed by the Mayor to Confer with the Commission and the Committee appointed appointed on behalf of the Council to try to bring about an adjustment of the differences between the City and the Commission, beg leave to say that we believe it to be recognized by all persons at all familiar with the subject, that our water and light system, on account of ill-adjusted machinery and an insufficient amount of proper machinery, is being now operated at a great loss in the way of operating expenses, and that it is a matter of vital importance to the Commission, the City and every citizen thereof, that the water and light plant should be put in a condition for economic operation at the earliest moment possible, and having great confidence in the ability of the present Water and Light Commission to do this, if provided with sufficient funds for that purpose, and believing that it is best for all parties that any money belonging to the City or the Commission should be used for this purpose, we most cordially and earnestly recommend to both the Council and the Commission the adoption of the foregoing recommendations. J. D. Elway -- Jas. Sugay -- Committee of Citizens --- Page break --- 410 Do Mr Joe Wlacken and others, Composing the Committee onbe Half of the City Council Gentlemen; We beg to say that we have Carefully Considered the above suggestions made by you with reference to an adjustment of the differences between the Commission and the Council, and to say that your suggestions are entirely Satisfactory to us S.W. Robison Jr J.A. Zocher W.C. Baskett L.M. Opelenour Composing the Austin Water, Light and Power Commission of the City of Austin Alderman Powell moved that the report of the Committee be received, which motion prevailed Alderman Wlacken offered a resolution setting out the recommendations of the Committee and agreeing to the plan of settlement proposed in the report and authorizing the Mayor to enter into such Contract with the Commission as may be necessary to carry out the plan of settlement. City Attorney Hart was invited to address the Council on the resolution which he did, stating that in all probability that the suit of Certain bondholders on overdue Coupons would soon be determined by the courts, and stating that if said suit was decided against the City that the would have to pay something $100.000.00 at once, that the $12,000.00 in the "City Hall fund" might be needed to pay such judgement. Judge F.P. Penn being present was invited to address the Council, which he did advocating the passage of the resolution Alderman Armstrong offered the following amendment "Amend by adding the following provision, that if the Water and Light Commission will agree to cancel all claims of indebtedness against the City to date for Water bonds and withdraw pending suit the $12,000. dollars will then be loaned the Commission until January 1st 1907, without interest, further amended Then by adding "Cancel all Claims" against the Water and Light Commission to date." Alderman Strumate offered a following amendment to amend the provisions provided, that the City shall not agree to an undisputated amount of $5000.00 from annum beginning with the year 1906 but that the City Council shall put aside such an amount as can be saved from the general fund each year out of the --- Page break --- Budget, such amount not to exceed $5000.°° for any year Alderman Moore moved to strike out the amount $5000.°° The amendment of Alderman Armstrong was adopted by the following Vote Yeas Alderman Armstrong, Crooker, Cunea, Haynes, Wacker, Moore, Petri, Redd, Shumate, Smith & Wilhelm 11 Nays Alderman Wacker, Powell & Rosenberg 3 On motion further Consideration of the resolution was Postponed until the next regular meeting of the Council Aldnan Appropriation By Alderman Smith An ordinance appropriating the for footway construction sum of $285.°° for the purpose of building a footway from Congress avenue the Colorado bridge to a point near building bridge on South Congress Avenue. The ordinance was passed under Suspension of the rule by the following Vote, Yeas Alderman Armstrong, Crooker, Cunea, Haynes, Wacker, Miller, Moore, Petri, Powell, Redd, Shumate, Smith Von Rosenberg & Wilhelm 14 Nays none. On motion Alderman Crooker was excused $50. for Top to from further attendance at this session of the Council Patrol wagon By Alderman Powell for the Police Committee to whom was referred an ordinance appropriating the sum of Fifty Dollars for the purpose of putting a cover on the Patrol wagon, presented a report recommending that the ordinance do not pass. The committee report was adopted By Alderman Smith an ordinance appropriating $20. to Payton the sum of $20.°° for the purpose of Paying Ed Payton guarding prisoners for services guarding prisoners for the month of Aug. 1905 The ordinance was read the first time and passed under Suspension of the rules by the following Vote Yeas Alderman Armstrong, Cunea, Haynes, Wacker, Miller, Moore, Petri, Powell, Redd, Shumate, Smith Von Rosenberg & Wilhelm 13 Nays none. Sunday law. By Alderman Petri An ordinance providing for the closing of places of business on Sundays, etc The ordinance was read the first time and on motion was referred to the Cemetery Committee By Alderman Shumate an ordinance appropriating $17.50 to pay acct the sum of $17.50 for the purpose of Paying Salary of To Engineman Actg Engineman, The ordinance was read the first time and passed under Suspension of the rules by the following Vote Yeas Alderman Armstrong Cunea, Haynes, Wacker, Miller, Moore, Petri, Powell, Redd, Shumate, Smith, Von Rosenberg, & Wilhelm 15 Nays on motion the Council adjourned Jno Johnson City Clerk