Regular meeting of the City Council Austin, Texas, December 18, 1905 Stan W. Whitham, mayor, presiding. Roll Called Present Aldermen Armstrong, Crooker, Emmett, Haynes, Mackan, Miller, Moore, Petri, Powell, Shumatte, Smith Von Rosenberg, Wickham 13 Absent Alderman Redel 1 On motion the minutes were approved as recorded by the Clerk, without reading. Petitions: F. E. Von Rosenberg to open ditch Giesen & Von Rosenberg to repair building fire limits W. J. Oliphant to abate Nuisance Chas Robinson Poundfees Reports City Officers: Reports Standy Coms. Streets to open alley 20 Div "O" Streets to open street 40 Div "O" Finance reports in Suiter Petitions: By Alderman Crooker, Petition of F. E. Von Rosenberg, asking to have a certain ditch opened_Read and on motion referred to the Street Committee By Alderman Crooker Petition of Gus Giesen & F. E. Von Rosenberg, asking permission to repair a certain building within the fire limits_Read and on motion referred to the Fire Commissioners By Alderman Haynes, Petition of W. J. Oliphant asking that the Council take steps to abate a Nuisance mentioned in said petition Read and on motion referred to the Park Committee By Alderman Petri, Petition of Chas Robinson asking to have certain Poundfees refunded_Read and on motion referred to the Claims & Accounts Committee Reports of City Officers: The Mayor laid before the Council the report of the City Treasurer for the month of Nov 1905, which was on motion referred to the Finance Committee, without reading. Reports of Standing Committees Alderman Smith for the Street Committee to whom was referred an Ordinance for providing for the opening of an Alley in out lot No 20, Div "O", presented a report recommending the passage of the Ordinance on motion the report was adopted Alderman Smith for the Street Committee to whom was referred a petition from Gus asking to have a street opened through outlot No 40, Div "O", presented a report recommending that the petition be granted On motion the report was adopted Alderman Haynes for the Finance Committee presented the bookkeeper's report and resolution (Resolution) Be it resolved by the City Council of the City of Austin, that it is the sense of the City Council that the City on and after the 8th of December, 1905, cease the payment of interest on deposits in the State National Bank of Austin, Texas. Resolution by B. L. B. Smith. Yeas 8. Nays 5. --- Page break --- Elican. J. Wicks, farmer G. Cahill, cost holders, and Wm B. Papini. Austin, Texas, Dec 8. 1905 Landrum Puggles Esqn Austin, Texas. Dear Sir The City of Austin desires to fully and finally settle the entire controversy between it and your client, Elican. J. Wicks; farmer G. Cahill (now deceased and represented by the executors of her will, Chas H. Wicks, & William B. Papini; James G. Cahill, Trustees; and cost holders, as holders, respectively of $198.000; $50.000 $11.000; $15.000; $35.000; and $8.600. Total, $317.000 of City of Austin five per Cent, Water and Light Bonds of date August 1.1890, and the City of Austin, through me, as its City Attorney, makes to you said clients, through you, the following proposal: That the City of Austin will pay to you, for your said clients, at the American National Bank, in the City of Austin, Texas, within ten days after written acceptance of this offer, in Cash, the full amount, principal, interest and accrued interest, to and including said date of payment, according to their serial terms of the judgments in favor of said parties and against the City, rendered, affirmed and precedent in the following named causes (being six mandamus) in the District Court of Travis County, Texas, Fifty Third Judicial District, to wit: 1- Cause 18082. entitled, Wm Doyle vs the City of Austin, et al. 2- Cause 18687. entitled, Julean J. Valle vs the City of Austin, et al. 3- Cause 18682. entitled, Elican J. Wicks vs the City of Austin, et al. 4- Cause 18685. entitled, James G. Cahill vs the City of Austin, et al. 5- Cause 20696. entitled, Wm Shatters vs the City of Austin, et al. 6- Cause 20699. entitled, William B. Papini vs the City of Austin, et al. Said causes now all pending on appeal by the City of Austin in the Court of Civil Appeals for the Third Supreme Judicial District of the State of Texas, on the docket of which Court they are described respectively as follows, to wit: 1- Cause 3481. entitled, The City of Austin et al. appellant, vs. Wm Doyle, appellee. 2- Cause 3487. entitled, The City of Austin et al. appellant, vs. Julean J. Valle, appellee. 3- Cause 3488. entitled, The City of Austin et al. appellant, vs. Elican J. Wicks, appellee. 4- Cause 3485. entitled, The City of Austin et al. appellant, vs. James G. Cahill, appellee. --- Page break --- 5. Cause N°3442, entitled, The City of Austin et al, appellants, vs W.W. Walter, appellee; and 6. Cause N°439, entitled, The City of Austin et al, appellants, vs William B. Papin, appellee, 2nd. That the City of Austin will pay all Court Costs in anywise incurred or expended on any account, in said Causes, whether in the District Court of Travis County, Texas; The Court of Civil Appeals; on the Supreme Court of the State; and have and keep Your Said Clients wholly harmless for or on account of same, to, and including;finally judgments. 3rd. That the City of Austin will also pay to You, at the same time and place in paragraph first hereof mentioned, in Cash, on the surrender thereof and there by You, of the said Coupons, all the Coupons on Said $317,000.00 of five per Cent Water and Light bonds of the issue of August 1, 1890, due, respectively, on the first days of May and October, 1904, and January, April, July and October, 1905, together with Six per Cent per annum interest on each of Said Coupons from its maturity to, and including, Said date of payment, and will also pay to You, in Cash, at same place, when and as the same become due, interest on Said bonds falling due January, April and July, 1906. 4th. That the City of Austin will pay to You, at the same place on or before July 1, 1906, in Cash, on the delivery by You then and there to it or its agents of Said bonds, the full sum of Ninety five Cents on the dollar for all Said $317,000.00 of five per Cent Water and Light Bonds of Said issue of August 1, 1890, 5th. That in the suits described in paragraph first hereof, now pending on appeal in the Court of Civil Appeals for the Third Supreme Judicial District of the State of Texas, No action or further proceedings of any kind shall be had or taken by either party, until Said first day of July, 1906, on which day, if Said City of Austin shall have then complied with all the provisions of this offer, and shall have paid all Costs of the Courts, and including, final judgments therein, then shall same Said Suits be then finally dismissed and the Said judgments entered Satisfied; that both parties shall endeavor, if possible, to have any determination of all matter in controversy in said Causes by Said Courts of Civil Appeals, which, if rendered until such July 1, 1906, and is such judgement, order on decision made in any such causes, in which there is now an appeal which represent --- Page break --- Provided it be done by any party thereto, that the terms of this agreement shall be carried out as if such judgement, order or decree had not been made 6th. That no fund or money, nor any future increment thereof in any wise affected by the judgements and decrees in Said Causes of Said District Court of Travis County, Texas, Fifty third Judicial District, in Said paragraph first hereof mentioned shall be in anywise touched or infringed upon by the municipal, or any other authorities, during the year herein mentioned, except in repayment to your clients, otherwise said funds and all increments thereof shall remain intact 7th. That, in order to enable the City of Austin, as is absolutely necessary, to pay the interest due January 1. 1906, on its outstanding $1,283,500.00 of Water, Light & refunding bonds and also such bonds as shall before January 1. 1906. be refunded, you, for your Said clients shall agree without objection to allow the City to take from the taxes Collected from the levy made for the year 1905, for interest and Sinking fund on bonded indebtedness, the sum of $19,252.50, and in addition thereto, such further sum as may be necessary to pay the interest due January 1. 1906. on the refund bonds as may be necessary to pay Said interest. 8th. In the event the City shall not be able to sell her refunding bonds on or before the first day of July 1906, so as to enable her to pay you for your Clients the Ninety Five Cents as provided in the fourth paragraph of this proposition, or a sum equal to $301,150.00 for their $317,000.00 of water works and Electric Light bonds, then each party shall remain in the Same altitude each to the other as they are now, without prejudice to their rights by reason of the failure or accepting of this proposition, except that such payments on the part of the City shall in no wise effect the judgments by Said City as hereinbefore agreed in paragraphs 1, 2 and 3 hereof of the Said judgements, interest and Costs and past due Coupons and interest thereon in favor of your clients. 9th. That, if you shall accept this proposition and so transmit, you shall obtain immediately a resolution of the City Council of the City of Austin embodying the necessary revaluation authorizing the same on behalf of the City to fund on your acceptance of the necessary revaluation. --- Page break --- 457 10th In Case you accept this proposition, you must have your answer on or before December 15, 1905. Yours, W. D. Hart City Attorney, Austin. And, whereas, by letter of December 15, 1905, the said Ruggles, on behalf of the said named parties, has accepted said proposition, provided payment of Judgements, coupons, interest and costs, as in said Hart’s letter mentioned, should be made upon delivery, or said written acceptance instead of within two days thereafter; and Whereas, the said Hart has accepted such proviso. Now, therefore, the City Council of the City of Austin hereby duly ratifies and confirms the said proposition so made by the said Hart, City Attorney, as amended and accepted, and declares the same to be the act of the City, and the same to all intents and purposes, as if the said Hart had been originally duly authorized to make and close the same. But it is further provided that, in the event of the failure of the City of Austin to take up the $317,000.00 of 5% water and Light Bonds referred to in said proposition on or before July 1, 1906, then there is no act or cause of action for damages on this account shall arise or exist on behalf of the said parties represented by the said Ruggles against the City of Austin on account of such failure, than already exists in the Bonds mentioned and described in said letter. And the City of or of the City of Austin be, and he is hereby duly and fully authorized and directed to make and enter into, to and with the said Ruggles, acting on behalf of the said parties, a written contract in accordance with the terms of said two letters and this resolution. The report and resolution was unanimously adopted. On motion Alderman Madder was invited to a seat in the Council Chamber. Police Marshals Alderman Powell for the Police Committee to whom report was referred the reports of the City Marshal for the month of Nov 1905, presented a report, stating that they had been examined and found correct. On motion the report was adopted. Paving on 1st Alderman [illegible] in the Paving Committee made Dumecy a verbal report and explanation of a bill in favor of [illegible] Dumeelly for changing certain water pipes at Washington [illegible]. Alderman Powell moved that the bill --- Page break --- 458 be paid out of the Paving fund Alderman Moore offered as a Substitute that be paid out of the Street fund. The Substitute was adopted by the following Vote. Yeas Aldermen Armstrong, Crooker, Eunes, Haynes, Moore, Petri, Powell, Youlboson, Zug, 8 Nays Aldermen Clacken, Euick, Linnard, Smith, Wilhelm. 5 Ordinance, Alderman Eunes for the ordinance Committee to whom Plumbing ordinance was referred an ordinance repealing the Plumbing Ordinance, asked for further time which was them granted. On motion further time was granted. Charity purchase of Alderman Moore for the Charity Committee made Wood. a Verbal report, stating that the Committee had ordered Two Cars of wood to be distributed report to order of the Mayor or Charity Committee to the poor. No action taken. Unfinished business Alley Lot 20. Div O. The Mayor laid before the Council An ordinance providing for the opening of an Alley through Sublot 20. Div "O" The ordinance was read the second time and passed under suspension of the rule by the following Vote. Yeas Aldermen Armstrong, Crooker, Haynes, Clacken, Zug, Moore, Powell, Wilhelm, Petri. 10 Nays Aldermen Eunes, Youlboson, Smith, 3 Hog Ordinance The Mayor laid before the Council the Hog ordinance which was read the third time, and on motion was laid over until the next regular meeting. Contract settlement Alderman Haynes for the Finance Committee Amd $317.000. Water presented to the Council the form of Contract with interest a resolution directing the Mayor to enter into Contract with Gardner Ruggles, Attorney for parties owning the $317.000.00 Water and Light 5% bonds which are now in suit for Interest due on Same for settlement as per resolution and abatement presented by the Committee at this meeting of the Council which resolution was adopted, unanimously by the Council. $12.000. to purchase bonds By Alderman Haynes an ordinance appropriating for new City Hall fund the sum of $12,000.00 for the purpose of purchasing of funding bonds of the City for the City Hall fund. The ordinance was read the third time and passed under suspension of the rules by the following Vote: Yeas Aldermen Armstrong, Crooker, Eunes, Haynes, Zug, Moore, Petri, Smith, Wilhelm, Clacken, Powell, Youlboson. 12 Nays None. --- Page break --- By Alderman Haynes an ordinance appropriating $1000.00 to pay the sum of $1000.00 for the purpose of purchasing 2 bonds from sinking fund of the issue of Apr. 1, 1895, for the sinking fund Water & Light bonds to purchase bonds. The ordinance was read the first time and passed under for Sinking fund suspension of the rules by the following Vote: w & L bonds Yeas: Aldermen Armstrong, Crooker, Cunes, Haynes, Machen Willen, Moore, Petre, Powell, Thurmate, Smith, Von Rosenberg, Wilhelm Nays: none 13 By Alderman Haynes an ordinance appropriating the $500.00 to purchase sum of $500.00 for the purpose of purchasing one bond of bond for sinking fund the issue of April 1st 1890, for the sinking fund of bonds old bonds. issued prior to May 1st 1890. The ordinance was read the first time and passed by the following Vote: Yeas: Aldermen Armstrong, Crooker, Cunes, Haynes Machen, Millen, Moore, Powell, Thurmate, Smith Von Rosenberg, Wilhelm Nays: none 13 By Alderman Haynes an ordinance appropriating $19.31.00 to pay the sum of $19.31.00 for the purpose of paying Interest due May interest due May 1st 1906, on Refunding bonds and 1st 1906. is to be refunded. The ordinance was read the first time and passed under suspension of the rules by the following Vote: Yeas: Aldermen Armstrong, Crooker, Cunes, Haynes Machen, Millen, Moore, Petri, Powell, Thurmate Smith, Von Rosenberg, Wilhelm Nays: none 13 By Alderman Haynes an ordinance appropriating $6628.05 to pay the sum of $6628.05 for the purpose of making Int. on W & L bonds payment of Interest Coupons and accrued interest the sum of $317.00.00 5% Water and Light bonds of the City, and they interest due May 1st 1906. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas: Aldermen Armstrong, Crooker, Cunes, Haynes Machen, Millen, Moore, Petri, Powell, Thurmate, Smith Von Rosenberg, Wilhelm Nays: none 13 By Alderman Haynes An ordinance appropriating $14.140.00 to pay the sum of $14.140.00 for the purpose of Judgement Interest making payments of past due interest coupons and to city bonds. all accrued interest thereon on $317.000.00 5% water & light bonds in the City Treasury. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas: Aldermen Armstrong, Crooker, Cunes, Haynes --- Page break --- 460 machen ruogra Pelhi Powell Humate Smith Von Rosenburg. W. Wilhelm B Nays none. B: Alderman Chapman an ordinance appropriating $75.854.²⁰ To pay the sum of $75,854,²⁰ for the purpose of making Judgment for int partial payment of Judgement obtained against the Coupons w & L. Bonds City for interest on $317,000.⁰⁰ 5% water and light bonds of the City of Austin and to pay past due interest Coupons and accrued interest thereon said bonds. The ordinance was read the first time and passed under suspension of the rules by the following Vote X Yeas. Aldermen Armstrong Crodix Haynes Whacken Willen Moore Pelli Powell Humate Smith Von Rosenburg. Wilhelm B Nays none. Ald. Powell excused On motion Alderman Powell was excused from further Attendance at this session of the Council By Alderman Haynes an ordinance appropriating $10.000. To pay judgment the sum of $10,000.⁰⁰ for the purchase of Water + Light for int on W & L.Bonds. payment on Judgements against the City for interest X on $317,000.⁰⁰ 5% water and light bonds of the City. The ordinance was read the first time, and passed under suspension of the rules by the following Vote Yeas. Aldermen Armstrong Crodix Haynes Whacken Willen Moore Pelli Powell Humate Smith Von Rosenburg Wilhelm B Nays none. Resolution authorizing The finance Committee offered the following resolution over draft. Be it resolved by the City Council of the City of Austin That whereas, it is necessary, in order to delete all existing bond litigation, that the bond indebtedness account of the City be overdrawn; and Whereas, the American National Bank of the City of Austin, has agreed that such account may be overdrawn, the City to pay interest on said overdraft at the rate of eight per cent per annum. Now therefore, the said overdraft is hereby authorized, and the City agrees and promises to pay interest on said overdraft as above stipulated. The resolution was adopted. $100. To pay Special By Alderman Haynes an ordinance appropriating policemen. the sum of $100.⁰⁰ for the purpose of paying the Special policemen. The ordinance was read the first time, and passed under suspension of the rules by the following Vote Yeas Aldermen Armstrong Crodix Haynes Willen Moore Pelli Powell Humate Smith Von Rosenburg Wilhelm. --- Page break --- 461 x32 Van Roesenberg Wilhelm None. Opened Street Lot 45 Div “O” By Alderman Moore an ordinance ordering a street opened through out lot 45 Div “C” The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Alderman Armstrong, Brocken, Quesnoy, Haynes Wacker, Miller, Moore, Petri, Smith & Suell Van Roesenberg, Wilhelm None. 12 Mayor authorized To furnish transportation of San & Gainesville On motion of Alderman Moore the Mayor was authorized to furnish transportation to an sick man of Gainesville On motion of Alderman Haynes the City Clerk was authorized to employ an assistant for one month, to assist in writing up his books and making up his Annual Report. $500. Extra Labor & Teams. By Alderman Smith an ordinance appropriating the sum of $500.°° 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, Brocken, Miller, Haynes Wacker, Miller, Moore, Petri, Smith & Suell Van Roesenberg & Wilhelm None. 12 Committee to Confer with business Men's League on Auditorium 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 appoint a Committee of 3 to Co-operate with the Committee from the Business Men's League to place proposed Auditorium on South half of Block 59. City of Austin, and that the City Attorney be instructed to investigate the title of the City of Austin to this property. The Mayor appointed Aldermen Moore, Smith & Van Roesenberg as such Committee. Sanitary Committee to investigate Cost of Incinerator plant Alderman Moore offered the following resolution which was read and adopted Whereas the garbage of the City has heretofore been dumped along the River front from Bath ave to Metropolis bridge, and where as such practice is injurious to the health of the City and especially those living in 7th Ward, be it resolved that the Sanitary Committee be instructed to investigate the cost of a Garbage Incinerator and report the Same as soon as possible. Alderman Smith seconded the proposition, to... --- Page break --- 462 Proposition O.S. Kelley The O.S. Kelley road roller Company, regarding Co to trade Steam Roller. which was read and on motion Roller. referred To the Street Committee By Alderman Kray new an ordinance appropriating approved afes. the sum of $1000.00 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, Crooks, Oliver, Haynes Quacken, Uhlman, Moore, Fern, Shumate, Sweet Van Rosberg, Hoolhelm Nays none 12 approved afes adopt By Alderman Haynes An ordinance appropriating the sum of $512.53 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, Crooks, Oliver, Haynes Quacken, Uhlman, Moore, Fern, Shumate, Sweet Van Rosberg, Hoolhelm Nays none 12 On motion the Council adjourned J.O. Johnson City Clerk