419 Regular meeting of the City Council Austin, Texas, Sept. 18th 1905 Hon W. D. Shelley Mayor, presiding! Roll Called Present Aldermen Armstrong, Crovoican, Eunea, Haynes, Mackey, Millen, Moore, Petri, Porclell, Redd, Smith, Van Rosenburg, 13 / i and Wilson Absent Alderman Shumate On motion the minutes were approved as read by the clerk, without reading. Petitions, Memorials &c. Harry Zien By Alderman Petri-petition of Harry Zien asking Flag permission continue the use of his flag as a sign, Mrs Young, Read and on motion referred to the Street Committee Pound Fees By Alderman Smith-petition asking to have certain pound fees paid by her refunded. On motion the petition was granted Ed Patterson By the Mayor-Petition of Ed Patterson to have a fine imposed Fine upon him in the Mayors Court remitted. On motion the petition was granted. Mrs Childress By the Mayor-Petition of Mrs A. E. Childress to have certain Pound fees pound fees refunded-Read and on motion petition granted Mrs Falets By Alderman Petri-Petition of Mrs F. B. Falets for assessment Taxes to correct assessmentRead and on motion the Assessor Collector of taxes was directed to correct said assessment in accordance with the petition. On motion Alderman Redd was excused from further attendance at this session of the Council. On Motion of Aldermen Schneider, and Alderman Brush were invited to seats within the bar of the Council. Standing Com. Reports of Standing Committees Water & Light Comm. Alderman Miller for the Water & Light Committee to whom was referred the bill of W. B. Carswell for putting in certain pipes for fire protection at the Austin Gin, presented a report recommending that the claim be not allowed On motion the report of the Committee was adopted Finance Statement Alderman Haynes for the Finance Committee presented Valuation 1905 A statement showing total valuation for 1905 of $22,968,965. Finance Com to Levy Alderman Haynes moved that the Finance Committee in-in-levying taxes together with the Mayor and City Attorney be directed to 1905 prepare and submit to the Council an ordinance levying taxes for the year 1905 which motion prevailed Police Marshals Alderman Powell for the Police Committee to whom reports was referred the reports of the City Marshal for the month of Aug 1905 presented a report stating that they had been examined and found correct On motion the report was adopted etc. Alderman Petri for the Committee on claims & accounts to whom was referred the petition of Mr Basswill --- Page break --- 420 asking to have certain Pound Fees paid by him refunded, presented a report recommending that the petition be granted. On motion the report was adopted Unfinished business. The Mayor read before the Council a message Vetoing an ordinance approximating $12,000.00 to commence a new City Hall, as follows, Austin, Texas, September 15th 1905 To the Honorable City Council I return herewith, without approval, an Mayor’s Veto ordinance passed at the last meeting of the City Council, new City Hall entitled "An ordinance appropriating $12,00.00 for the purpose appropriation of partially building a City Hall", for the following reasons: In my opinion, the obligation of the City to construct a City Hall which is to cost approximately, $50,000.00, with only $12000.00 on hand at this time, and no reasonable prospect of an increase thereof during the present fiscal year, is violative of the spirit, if not the plain letter, of the City Charter I direct your attention to Sections 118 and 119, of the Charter, which are as follows: Sec 118. That the receipts of money during any fiscal year, either from special funds provided by or to pay interest and sinking fund on bonds of the City, shall be applied to the payment of expenses and indebtedness incurred during such fiscal year; and no debt, other than such as may be authorized by a vote of taxpayers, as is provided for in this act, shall be incurred to be paid after the end of the fiscal year in which it may be incurred Sec 119. That no contract shall be made involving the payment of money by the City - after the termination of the fiscal year in which it is made, except for constructing public works or other improvements, which in the judgment of the Council cannot be practically completed before the end of the fiscal year; but no contract which involves the works or improvements shall in any event involve the payment of a greater sum after the close of the fiscal year in which such contract is made than may be paid out of the fund belonging to such fiscal year. And in all cases an appropriation shall be made out of the funds for the pending fiscal year for the payment of the amount the City will become liable for if such contract is performed; such appropriation shall be made at the time such contract shall be executed, or the contract shall not be Valid: provided, that this section shall not apply to the expenditure of any special funds raised by the issuance of bonds for special purposes. The contract which is to be "partially" performed, with the expenditure of the amount named in this --- Page break --- ordinance, will require for its complete performance something like $38.000 additional, and in View of the articles of the Charter above quoted, the Council has no authority, at this time, to Contract for the complete Construction of such building, and a number of years will doubtless elapse before a sufficient amount is secured by the present method of securing a City Hall fund, with which to fully Construct such building; In the meantime, the personnel of the City Council will likely Change, and the present Council will not bind by its proposed action in a matter that can not be carried by them, in which event the City and its taxpayers will suffer from the proposed action involved in the passage of this ordinance. It is true that by the operation of this ordinance, a small portion of the Contemplated City Hall may be secured, but there is, and can be, no assurance, at this time, that such building will ever be Completed. If it is the purpose of the Council, by the passage of this ordinance, to award the Contract for the Construction of the entire building to the Gentlemen whose bid was accepted, and I am informed by one of the bidders that such is the purpose, then it must be admitted that a Completion of the work by them is Contemplated, and a consequent debt Created which Can only be paid if at all, by the revenues derived from taxation in future years Such, it is submitted, is unquestionably in Violation of the terms of the Charter herein quoted. Second: Whether the position taken in the fore going ground of this Veto is sound or not, yet I think the ordinance should be Vetoed for still another reason. It is the policy of the City government, in letting Contracts for public work, to give as much publicity to the proposed letting as is practicable, for the twofold purpose of securing the performance of the work for as little Cost to the City as possible, and that all interested parties may have an opportunity to compete for work on such contemplated work. It is my understanding that, in the present instance, there was no advertisement for bids, nor other general publicity given to the fact, that bids would be received and the Contract let, subject to approval by the Council. It is probable therefore, that the desirable results which accrue from stimulated Competition were not had in this Case, and it cannot be said that the Contract in question is the most advantageous that can be made. While I have been unable to find any Charter provision on ordinance, requiring public advertisement for bids on Construction work, yet that such is the policy of the City- --- Page break --- government, is widered by the fact that we have an ordinance making this requirement in the letting of contracts for public printing; and, the further fact that, in advertising for contracts for supplies for the City Hospital, the street and Sanitary departments, blacksmithing and horseshoeing, public advertisement is made for bids The reasons for such competition and publicity are even more potent, in instances such as the present one where so large an amount of the public funds is to be expended. I am not unmindful of the officials and associations work done by the City Hall Commissioners who were actuated by a patriotic impulse by which its members were actuated in effecting the arrangements in question, and while I am, in hearty accord with them in their desire to secure for the city a new hall commensurate with its size and beauty; yet, for the reasons herein stated I feel constrained by a conscientious sense of public duty to veto this ordinance. W. D. Shelley, Mayor. Alderman Brooker moved that when the Council adjourns this evening it be until 8 oclock Monday Sept 25th 1905, and that the Veto Message of the Mayor just read be laid on the table for that time, which motion prevailed. The following veto message of the Mayor was then read. Austin, Texas, September 15th 1905 To the Honorable City Council: Mayors Veto ord to pay Architect new City Hall I return herewith, without my approval an Ordinance entitled "An ordinance appropriating five hundred and seventy five dollars for the purpose of paying Capt A. O. Watson for preparing plans and specifications and for supervising Construction of City Hall." for the reason that similar action has been taken on an ordinance entitled "An ordinance appropriating $12,000.00 for the purpose of partially building a City Hall." Inasmuch as the amount appropriated by this ordinance covers the services of the architect in superintending the construction of the proposed building, as well as the preparation of plans and specifications, and as Mr. Watson will not be called upon, under the circumstances, to perform such services, I think it proper to withhold my approval from this ordinance. Should the Council deem it proper, in any event, to suitably compensate Mr. Watson for his services already rendered, which, in my opinion, would be just to all parties involved. W. D. Shelley, Mayor. --- Page break --- 423 $350 to pay expenses Com. Bequis bonds Ou wation action on this message was postponed until Monday Sept 25th 1905. The Mayor laid before the Council an ordinance appropriating the sum of $350. for the purpose of paying expenses of a Committee to investigate the residue of the fraudulent bonds of the City. The ordinance was read the third time and on motion of Alderman Moore was laid upon the Table. new business Street Car Co. to have gongs and Sound them By Alderman Miller An ordinance requiring street Car Companies to Sound gong at certain places mentioned in Said ordinance The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Aldermen Armstrong Crooker Cuneo Haynes Knacken Miller Moore Petri Powell Smith VonRosenberg Wilhelm Nays none. 12 Paving Cong Ave By Alderman Moore An ordinance appropriating the sum of $1530.⁰⁰ to complete the paving on Congress avenue. The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Aldermen Armstrong Crooker Cuneo Haynes Knacken Miller Moore Petri Powell Smith VonRosenberg Wilhelm Nays none. 12 Ex. Labor & Teams By Alderman Smith An ordinance appropriating the sum of $250.⁰⁰ for the purpose employing Extra Street labor and teamsters. The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Aldermen Armstrong Crooker Cuneo Haynes Knacken Miller Moore Petri Powell Smith VonRosenberg Wilhelm Nays none 12 approp accts By Alderman Haynes An ordinance appropriating the sum of $2219.⁴² 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 Cuneo Haynes Knacken Miller Moore Petri Powell Smith VonRosenberg Wilhelm Nays none. 12 approp. accts. & Debt. By Alderman Haynes An ordinance appropriating the sum of $2295. for the purpose of paying approved accounts from Sept. The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Aldermen Armstrong Crooker Cuneo Haynes Knacken Miller Moore Petri Powell Smith VonRosenberg Wilhelm Nays none. 12 --- Page break --- 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 Mayor and Chairman of Street and Bridge Committee be and they are hereby authorized to enter into a Contract with Fosbrown for the paving of East 6th Street from Congress Avenue to Red River in accordance with paving Contract of Congress Ave. On motion of Alderman Moore the City Marshal was directed to purchase one dozen clean chairs for use in City Hall by Alderman Wilcox and Alderman Hines for sanitary and Emergency repair work, sanitary Dept. 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 Alderman Armstrong, Brooken, Hines, Haynes, Machen Wilcox, Moore, Petri, Powell, Smith, Von Rosenberg & Wilhelm 12 Nays None. The ordinance was read the second time and on motion the rule was suspended and the ordinance placed on its third reading by the following vote Yeas Alderman Armstrong, Brooken, Hines, Haynes, Machen Wilcox, Moore, Petri, Powell, Smith, Von Rosenberg & Wilhelm 12 Nays none. Alderman Machen offered the following as a substitute for Said ordinance, Viz: An ordinance appropriating the sum of $40.00 for the purpose of paying G. D. Preece for extra services during the months of Sept, Oct, Nov and Dec 1905. The substitute was read and adopted by the following vote Yeas Alderman Armstrong, Brooken, Hines, Haynes, Machen Wilcox, Moore, Petri, Powell, Smith, Von Rosenberg & Wilhelm 12 Nays None. The ordinance was read the third time and passed by the following vote Yeas Alderman Armstrong, Brooken, Hines, Haynes, Machen, Wilcox Moore, Petri, Powell, Smith, Von Rosenberg & Wilhelm 12 Nays None. On motion the Council adjourned until 8 o'clock Pm Sept 25th 1905 Jos Johnson City Clerk --- Page break --- Adjourned regular meeting of the City Council Austin, Texas, Sept 25th 1905 Hon. W. D. Shelley Mayor, presiding Roll Called- Present: Aldermen Armstrong, Crooks, Odom, Haynes, Thacker Miller, Moore, Petri, Powder, Redd, Thumate, Smith Von Rosenberg, Wilhelm 14 Absent: None. Petitions Petitions, memorials etc. Standard Guarantee | By the Mayor, proposition of the Standard Guaranteer Trust Co. | Trust Co. to settle taxes, foreclosing interest and penalties, together with letter from | Mess. James Green attorney for the City, recommending | acceptance of the proposition. | Alderman Moore moved that the proposition be | accepted, which motion prevailed. S. F. Rosengren to | By Alderman Moore, petition of S. F. Rosengren for erect building in | permission to erect a Cottain building within the fire fire limits | limits. Read and on motion the petition granted. | By Alderman Moore - Petition of Citizens asking that Citizens 5th ward | their 5th Street sidewalks be fixed on proper grade & 5th Street | Read and on motion referred to the Street Committee. Reports of City Officers Report City Engineer | The City Engineer. The Council a report from the City Engineer on Stream Ditch | regarding the condition of the Stream Ditch, which was Read | and on motion referred to the Street Committee and City | Engineer, with instructions to Confer the Contractor who | had charge of repairs, report to the Council. Standing Coms | Reports of Standing Committees Finance officers | Alderman Haynes for the Finance Committee to whom was reports | referred the reports of the Assessor & Collector & the City Clerk | for the months of July & August 1905, and those of the City | Treasurer for the months of June, July & August 1905, | presented a report stating that they had been examined, | Checked & found correct. On motion the report was adopted. Ordinance | Alderman Odom for the ordinance Committee to Cruelty to Animals | whom was referred an ordinance to prevent Cruelty | to animals etc. presented a report and submitting a | Substitute and recommending the passage of the substitute | On motion the report was laid over to come up with the | ordinance under the head of unfinished business. Claims petition | Alderman Petri for the Claims and accounts Committee Justices' fines | to whom was referred the petition of Broc Kenney asking | correction of Assessor's for Taxes, presented a report | recommending that the petition be not granted and | giving reasons why it should not be granted - Report adopted. Charity - Salvation | Alderman Moore for the Charity Committee to whom Army | was referred petition asking that the distribution of charity --- Page break --- 426 he turned over to the Salvation Army presented a report recommending that the petition be not granted. On motion the report was adopted. Unfinished business Mayor's Veto The clerk laid before the Council the Veto message of the City Hall ordinance Mayor vetoing the ordinance appropriating the sum of $12,000 for partially erecting a New City Hall. The message was read. Alderman Crocker moved to reconsider the Vote by which the ordinance was passed, which motion prevailed. Alderman Crocker moved that the ordinance be now pass notwithstanding the Mayors veto. Alderman Shumate moved that before taking the Vote on the motion of Alderman Crocker, the following communication be read and that it be spread upon the minutes, which motion prevailed. Statement of We hereby vote to sustain the Mayors veto and in Aldermen, giving doing so wish to give our reasons in writing and have reasons for Veto the same spread on the minutes of the Council. We do not vote to sustain this veto because we believe any of the reasons given by the Mayor for his veto are sound, but disagree with every single reason that has been stated by him and put forth as a reason. We do so, because the items of grave importance that have been called to our attention since the passage of this ordinance, that we think, after a thorough discussion and deliberation, call for the postponement for a few months only at the outside of the erection of the CityHall, and these matters, that we do not deem wise to make public at present, will be called to the attention of the public in good season, and we desire expressly to state that, in sustaining the Veto, it is only a postponement, for we expect to build the City Hall and that soon. J.W. Shumate Henry Fabri Levi Prock W.G. Ully C.J. Armstrong J.A. Ames H.L. Kaynes Geo W. Love Dona S. Funch S.H. Powell E. Von Rosenburg H.C. Cadol L.O. Echelson The Vote was then taken on the Motion of Alderman Crooker to pass the ordinance notwithstanding the Mayors --- Page break --- 427 objections with the following result Yeas none Nays Alderman Armstrong Crooken Durneo Haynes Meador Miller Moore Petri Powell Redd Shumate Suiter Von Rosenberg Wilhelm 14 Mayors Veto The Chair laid before the Council the Special Message of the Pay of Architect Mayor Vetoing the ordinance appropriating the sum of $57500 for the purpose of paying A.O. Watson for plans, specifications and supervision of erection of new City Hall. The Message was read. Alderman Crooken moved to reconsider the vote by which the ordinance was passed which motion prevailed. Alderman Crooken moved that the ordinance do now pass, notwithstanding the Mayors objections, which motion was lost by the following Vote Yeas none Nays Alderman Armstrong Crooken Durneo Haynes Meador Miller Moore Petri Powell Redd Shumate Suiter Von Rosenberg Wilhelm 14 Cruelty to Animals The Chair laid before the Council an ordinance to prevent Cruelty ordinance to Animals etc, together with the reports of the ordinance Committee thereon and the substitute offered by O. and Committee. The ordinance was then read the second time Alderman Shumate moved to adopt the substitute offered by the Ordinance Committee which prevailed. The ordinance was then passed under suspension of the rule by the following Vote Yeas Alderman Armstrong Crooken Durneo Haynes Meador Miller Moore Petri Powell Redd Shumate Suiter Von Rosenberg Wilhelm 14 Nays none. Alderman Smith offered the following resolution which was read and adopted Gulf Refining Be it resolved by the City Council of the City of Austin: Oil Co. to erect That the Gulf Refining Company, of Port Arthur, Texas, is Building & Tanks hereby granted permission to build and erect, on what is known as the North one-half of North East one-fourth of outlot N°2, Division “O” City of Austin, Texas, the same being situated South of Tober N°1 outlot N°2 Division “A” and between Medina and Waller Streets, and North of lots N° 34 to 44, outlot 2 Division “O” of said City, one or more Steel tanks for the storage of Oil and Oil products, to be built on rock foundation; also a Warehouse about 40 ft square, of Galvanized Iron, sides and roof; also for storage of Oil and Oil products The quantity of Oil & Oil products to be stored or warehoused is to be limited to not over two hundred and fifty (250 gallons. --- Page break --- 428 Plans of a Talbot & Beitz new for new City Hall adapted 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 plans and specifications, as prepared by A. O. Watson, Architect, for the New City Hall of the City of Austin be and the same are hereby adopted by the City Council of the City of Austin, as the plans and specifications for the New City Hall to be erected effective when the Council is prepared to take up same. Be it further resolved by the City Council of the City of Austin that the Architect for said plans on the part of the City shall be incurred until Contract is let and building completed Telegraph & telephone poles. regulation of. By Alderman Cunes an ordinance regulating the placing of Telegraph, Telephone and electric light poles in the City of Austin, providing for the removing of same when not placed or not in accordance with the provisions of this ordinance, and providing a penalty for the violation thereof – The ordinance was read the first time and on motion was referred to the Street Committee and City Attorney. Extra pay H.O. Peyton By Alderman Smith an ordinance appropriating the sum of $20.00 for the purpose of paying H.O. Peyton for services rendered in the office of light of 1900 The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Alderman Armstrong, Brookes, Cunes, Haynes, Watson Mullen, Moore, Pehi, Powell, Reid, Shumate, Smith Von Rosenberg, Wilhelm. 14 Nays None. Wm Faltis, taxes resolution granting Reconsidered Alderman Haynes moved that the Council reconsider the vote by which the Council granted the petition of Wm Faltis asking correction of Assessment, which motion prevailed On motion of Alderman Haynes the petition was referred to the Claims & accounts Committee. J.C. Shooter assigned to City Garden The Chair laid before the Council the resignation of J.C. Shooter, as City Gardener, to take effect Sept 20th 1900; On motion the Council accepted On motion the Council adjourned J.O. Johnson By Clerk