526 Regular Meeting of the City Council of Austin Austin Texas June 04, 1906. Hon W.D. Shelley, Mayor, presiding Roll Called Present Aldermen Crooker, Curnes, Hayes, Kellem, Moore, Petri, Powell, Redd, Smith, Von Rosenburg, Wilhelm 11 Absent Aldermen Armstrong, Quacker, K.Himate 3 On motion the minutes were approved as recorded by the Clerk without reading. Petitions etc. Petitions, Memorials etc. City R.R. Co To By Alderman Smith Petition of the Austin Electric erect Boosh Street Railway for permission to erect a mail boosh at the N.W. Corner of 6th Street and Brazos ave. Read and on motion referred to the Street Committee. Mr. Earnest to By Alderman Crooker Petition of Mr. Earnest to Correct Correct assessment Assessments. Read and on motion referred to the Committee of tax accounts on Claims and accounts Citizen for Geo By Alderman Moore Petition of Citizen asking that Washington to keep Geo Washington be permitted to keep a hog pen at his hogs in City place on W 29th Street. Read and on motion referred to a Special Committee Consisting of Aldermen Moore, Petri, Curnes, together with the City Physician and Sanitary Inspector Geo Washington Alderman Wilhelm offered the Council Chamber. permitted to keep Alderman Smith moved that action on a complaint hogs until Com filed in the Mayors Court Charging Geo Washington reports with committing a nuisance by keeping more than two hogs in a pen on West 29th Street, and in such a manner as to Create a nuisance the resolution was adopted by the following vote Yeas Aldermen Crooker, Curnes, Hayes, Quacker, Kellem Moore, Petri, Powell, Redd, Smith, Von Rosenburg, Wilhelm 12 Nays none E.E. Earnest to The Mayor laid before the Council a petition from E.E. Correct assessment Earnest asking Correction of Assessment Read and on Motion referred to the Committee on Claims and accounts. Oil Mill Co To The Mayor laid before the Council a Petition put in Switch from the Oil Manufacturing Co, together with an Ordinance authorizing them to Construct a R.R. Switch near their Well. On motion the petition and ordinance were referred to the Street Committee Mrs. Leah Blowney The Mayor laid before the Council a petition from Mrs refund fees Leah Blowney to refund certain poor fees paid. On motion the petition was granted Mayor, and City Aldermen Hayes presented an application from City Engineer the City Engineer an application for leave of absence for 10 days. Which was read and upon motion granted --- Page break --- Reports of City officers Reports City officers The reports of the Mayor, City Clerk, the Treasurer, the Marshal, the Engineer for the month of May 1906, which were on motion referred to their appropriate Committees without reading. Standing Committees Reports of Standing Committees Alderman Miller for the Coal and Light Committee Coal & Light hydrant Blanca & Hale Sts to whom was referred the petition of citizens asking to have a fire hydrant placed at the intersection of Blanca and Hale Streets, presented a report recommending that the petition be granted. On motion the report was adopted Finance officers reports Alderman Hughes for the Finance Committee to whom was referred the reports of the City Assessor & Collector, the Treasurer and City Clerk, presented a report stating that they had been examined and checked and found correct The report was adopted Ordinance Franchise R.R. Carnall R.R. Alderman Quine for the Ordinance Committee to whom was referred an Ordinance granting right of way to R.R. Carnall for Street Car line etc. Presented a report and with the report presented a substitute for said Ordinance and recommending the passage of the substitute On motion the report was adopted Ordinance Awning Mrs Wengener Alderman Quine for the Ordinance Committee to whom was referred the petition of Mrs Wengener, for permission to erect a certain kind of awning in front of her property on Congress Avenue, presented a report recommending that the petition be not granted On motion the report was adopted Claims Addie Rysinger Taxes Alderman Petri for the Claims & Accounts Committee to whom was referred the petition of Addie Rysinger to correct assessment, presented a report stating they had examined the assessment and found it correct in accordance with the rendition, hence there was no correction to be made. The report of the Committee was adopted Claims W.W. Kelley Taxes Alderman Petri for the Claims & Accounts Committee to whom was referred the petition of W.W. Kelley asking to have certain property, used for school purposes exempt from taxes, presented a report stating that they had examined into the matter and found that the Statements made in the petition were correct, and recommending that the petition be granted, and that the City Assessor & Collector be authorized to cancel the assessment and take Cr. from the assessment The report of the Committee was adopted Cemetery Sexton Report Alderman Wilhelm for the Cemetery Committee to whom was referred the report of the Sexton for the month of April 1906. --- Page break --- 528 Presented a report stating that same had been examined and found Correct. The report was adopted. Special Com. The special Committee appointed to Confer with the County Colorado Bridge Commissioners Court in regard to repairing the Colorado River Bridge Presented a verbal report stating that they had waiting upon the Court and had been informed that they would soon beg in repairs. Unfinished business Unfinished business The following Veto message of the mayor was read. Austin, Texas, May 31. 1900 To the City Council. I return herewith without my Mayors Veto approval a resolution passed on May 21st instructing the City Engineer to redirect property owners on Side walks Guadalupe Street, from 19th Street to the South line of Guadalupe Street State Insane Asylum grounds, to extend their Sidewalks for a distance not to exceed ten feet, for the reason that an ordinance passed May 24, 1905, and approved May 26, 1905, provides for the manner in which and under whose supervision sidewalks may be extended. And this resolution is in Conflict therewith. Yours truly W.D. Sheley Mayor. Alderman Crooker moved to reconsider the vote by which the resolution was passed which motion prevailed. Alderman Crooker moved that the resolution do now pass notwithstanding the Mayors objection, which motion was lost by the following Vote Yeas Alderman Utaden Nays Aldermen Crooker, Aynes, Baylor, Cullen, Moore Bell, Powell, Red & Smith, Von Rosenberg, Wilhelm - 11 New Business New Business Alderman Alloore offered the following Resolution which was read and adopted. Wagon to enter into Be it resolved by the City Council of the City of Austin that Contract with B.O. The Mayor be authorized to enter into Contract Brown for paving with B.O. Brown for the paving of such portions of 6th Street Congress Avenue from Colorado River to Red River and on Congress Avenue from Third to First Sts, as has not already been covered by previous Contracts with said B.O. Brown. The price and condition to be the same as inserted in Contract for paving of Congress Avenue from 3rd to 11th St. [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] which was read and adopted. Be it resolved by the City of Austin, that the City Attorney be directed to and is hereby authorized to adjust- --- Page break --- 529 o settle City Assessor & account Collector to settle the City Hospital afc with on this Commissioners Court taxes on to be paid The Mayor Fine against Alex Alex Lewis Lewis remitted. in the tired of charges. with the Commissioners of Travis County, the of the City Hospital, under the agreement between County, and collect the amount due the City on this account less the amount of State and County taxes on the old Water Company plant, which item is to be held in obeyance for future adjustment. The Mayor laid before the Council a petition from Alex Lewis asking to have a fine imposed upon him in the Mayors Court be remitted, he having been tired and convicted in the Justices Court on the same charges. On motion, the petition was granted. By Alderman Weller, an ordinance Closing all Saloons Ordinance Closing in the City of Austin between the hours of 12 and 4 oclock Saloons 12 to 4 oclock am. Read the first time and on motion referred to the am Ordinance Committee by the following Vote Yeas Alderman Croston, Olmst, Mayor, Weller, Powell Redd, Smith, Von Rosenberg, Wilhelm Nays Alderman Macken, Moore & Petri The Mayor laid before the Council an ordinance Right-of-way granting Right of Way &c. to Ralf St. Carroll over the Ralf St. Carroll &A Streets of the City &c. Together with the substitute for said ordinance, submitted by the ordinance Committee Alderman Durea moved the adoption of the substitute, which motion prevailed. The ordinance was read the Second time. Alderman Wilhelm offered the following amendment which was read and adopted That said Ralf St. Carroll and his associates, and successors, survivors, heirs and assignors shall not be permitted to stop for the purpose of loading freight and baggage or any other than a regularly appointed depot within the City of Austin; and provided, further that the said Carroll and his associates, successors, assigns and heirs, shall not be permitted to maintain more than one freight depot within the corporate limits of the City of Austin. Alderman Durea offered the following amendment which was read and adopted That the said Ralf St. Carroll, his associates, successors, survivors, heirs and assigns shall at all times from and after the beginning of the operation of said road maintain their General Office and work shops and repair shop, within the City of Austin and that any violation of this section shall work a forfeiture of this franchise. Alderman Petri offered the following amendment which was read and adopted That the said Ralf St. Carroll his associates, successors, --- Page break --- 530. survivers, heirs and assigns do hereby agree that they will permit the City Council of the City of Austin to regulate by ordinance the work hours of its employees and that they will at all times abide by said ordinance when so passed. Alderman Powell offered the following Amendment which was read and adopted In the event of any dispute arising between the said Ralph Carroll, his Associates, successors, survivers, heirs and assigns and his employees the said matters may be submitted to the City Council for arbitration and when so submitted as provided by law, the said decision of the Council shall be binding on the said Carroll. Alderman Haynes offered the following Amendment Amend Sec – 1 that not less than ten miles of road between Austin & Lockhart shall be completed & placed in operation within 12 months from the passage of this ordinance The amendment was lost by the following Vote Yeas Aldermen Haynes & Redd 2 Nays Aldermen Crooker, Dumes, Macken, Willson, Moore Petri, Powell, Smith, VonRosenberg, & Wilhelm 10. Alderman Haynes offered an Amendment making the time in which ten miles of road shall be built – 2 years which was lost by the following Vote Yeas Aldermen Haynes & Redd 2 Nays Aldermen Crooker, Dumes, Macken, Wilson, Moore Petri, Powell, Smith, Von Rosenberg & Wilhelm 10. Alderman Crooker moved to Amend the ordinance by making the age of children to ride free 7 years instead of 5 years. The amendment was adopted The ordinance was then passed under Suspension of the rules by the following Vote Yeas Aldermen Crooker, Dumes, Haynes, Macken, Willson Moore, Petri, Powell, Redd, Smith, VonRosenberg, and Wilhelm 12. Nays None. Corporation Court. By Alderman Petri, an ordinance establishing ordinance a Corporation Court for the City of Austin The ordinance was read the first time. Alderman Macken moved to lay the ordinance on the table, which motion was lost. Alderman Moore moved to refer to the ordinance and Committee, which motion prevailed by the following Vote Yeas Aldermen Crooker, Dumes, Moore, Petri, Powell, Von Rosenberg & Wilhelm 7 Nays Aldermen Haynes, Macken, Willson, Redd & Smith 5. --- Page break --- 531 Bridge Wallen Creek Fire Hose Sanitary Dept Price of lots in City Cemetery Bridge Wallen Creek Refilling Rooms Sanitary Dept Extra Labor Pay By Alderman Wilhelm an ordinance appropriating the sum of $1500.ºº for the purpose of building a bridge across Wallen Creek. Read the first time and on motion referred to the Street Committee By Alderman Waellen an ordinance appropriating the sum of $250.ºº for the purchase of Fire Hose for the Sanitary Dept. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crocken, Aimes, Haymes, Waellen, Willer, Moore, Petri, Powell, Redd, Smith, Von Rosen Berg, Wilhelm Nays none. 12 By Alderman Wilhelm an ordinance fixing the price of lots in certain parts of the City Cemetery. Read and on motion referred to the City Cemetery Committee & the Citizens Committee on Cemetery. By Alderman Petri an ordinance appropriating the sum of $750. for the purpose of building a bridge across Wallen Creek. Read the first time and on motion referred to the Street Committee By Alderman Waellen an ordinance appropriating the sum of $246.ºº for the purpose of refilling Rooms for Street Sweeper. Read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crocken, Aimes, Haymes, Waellen, Willer, Moore, Petri, Powell, Redd, Smith, Von Rosen Berg, Wilhelm Nays none. 12 By Alderman Smith an ordinance appropriating the sum of $300. for the purpose of paying for extra street labor & teams The ordinance was read the first time & passed under suspension of the rules by the following Vote. Yeas Aldermen Crocken, Aimes, Haymes, Waellen, Willer, Moore, Petri, Powell, Redd, Smith, Von Rosen Berg, Wilhelm Nays none. 12 Alderman Powell moved that the Council proceed to the election of a dog Catcher and his assistant, which motion prevailed The Mayor appointed Aldermen Aimes, Smith and Haymes as tellers Alderman Von Rosenburg nominated J.B. Rankin Alderman Petri nominated August Schmidt Alderman Wilhelm nominated Bud Sawyer Alderman Powell nominated Jos Glore Alderman Redd nominated O. Cargill --- Page break --- 532 WB Rankin elect dog Catcher Joe Coleman elected Asst dog catcher Pay Miss Ing for Typewriting Engineer SB Still permitted to occupy stand on Congress near bridge Temporarily to pay for extra services Alderman Smith Nominated [illegible] Evans The Tellers announced the following as the result of the first ballot: Everett 5. Nelson 1. Evans 1 Cargill 3. Schmidt 2. No election 2nd Ballot Rankin 6. Cargill 3. Schmidt 2 Sims 1 3rd Ballot Rankin 8. Cargill 4. Mr Rankin having reed a majority of all the ballots Cast, the Mayor declared him duly elected Dog Catcher Nominations for Asst Dog Catcher being in order Alderman Crooker Nominated Joe Coleman Alderman Moore Nominated Joe Brown Alderman Wilhelm Nominated Schmidt & Ellis Moore The Tellers announced the following as the result of the first ballot: Coleman 7. Brown 4 Schmidt 1. Joe Coleman having received a majority of the Votes Cast the Mayor declared him duly elected as Asst Dog Catcher. By Alderman Smith an ordinance appropriating the sum of $16.00 to pay Miss Ing for Type writing for the City Engineer The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker, Carnegie, Gaines, Mackin, Wilson Moore, Petri, Porsell, Redd, Smith, Von Rosenburg and Wilhelm Nays none 12 On motion of Alderman Petri Mrs B. Still was permitted to address the Council on the matter of her Stand at the foot of Congress avenue near the Bridge At the conclusion of the remarks of Mrs Still Alderman Petri moved that Mrs Still be authorized to Continue her business near the foot of Congress avenue Until such time as the City was ready to pave the street in front of his place, which motion prevailed. By Alderman Smith an ordinance appropriating the sum of $60.00 for the purpose of paying EB Payton for extra services at the Smokeing Engine House. The ordinance was read the first time and passed under suspension of the rules by the following vote Yeas Aldermen Crooker, Gaines, Hughes, Mackin, Wilson Moore, Petri, Porsell, Redd, Smith, Von Rosenburg Wilhelm Nays none. Alderman Moore Moved that the Council do Now adjourn which was at 12 M by the Yeas Aldermen Gaines Moore Petri, Wilhelm 4 Nays Aldermen Crooker, Gaines, Mackin, Wilson Porsell Redd Smith Von Rosenburg 8 --- Page break --- Awning ordinance By Alderman Smith an ordinance Amending the awning ordinance The ordinance was read the first time. Alderman Cunes moved to lay it on the table, which motion prevailed by the following vote Yeas Aldermen Buches Haynes rubrore e Petri VonRosenberg 7 Wilhelm & the Mayor Nays Aldermen Crooker Macken Meiller Powell Redd Smith 6 Alderman Moore moved that the Council adjourn, which motion was lost by the following vote Yeas Aldermen Haynes rubrore Petri Wilhelm 6 Nays Aldermen Crooker Cunes Macken Meiller Powell Redd Smith Von Rosenberg 8 Alderman Redd offered the following resolution which was read and adopted Persons notified Be it resolved by the City Council of the City of Austin that to remove obstructions the Marshal of said City be and he is hereby instructed from street front to notify the proper persons to remove obstructions Congress avenue now maintained on what is known as the Bartons Crowing J & R Ry Creek road at and near a point where the J & R.Ry Bartons Creek Road crosses the same The Mayor laid before the Council a communication Action acknowledged from Geo Randolph of St. Louis, acknowleding receipt St Louis of a resolution of thanks passed by the Council On motion it was ordered that the communication be received and filed. On Motion Mr. Berganen was permitted to address the Council in the matter of an awning to building on Congress Avenue. Alderman Von Rosenberg moved to reconsider the Awning ordinance Vote to reconsider the Vote reconsidered amending the awning ordinance, which motion prevailed by the following vote Yeas Aldermen Crooker Macken Meiller Powell Redd Smith Von Rosenberg 7 Nays Aldermen Cunes Haynes Moore Petri Wilhelm 5 On motion it was moved to adjourn, which motion was lost by the following vote Yeas Aldermen Cunes Haynes Meiller Moore Petri Wilhelm 6 Nays Aldermen Crooker Macken Powell Redd Smith Von Rosenberg 6. On motion Alderman Meiller was excused from further attendance at this session of the Council Alderman Moore moved that the awning ordinance be referred to the Ordinance Committee, which motion was lost by the following vote --- Page break --- 534 Yeas Aldermen Lunes & Haynes Moore Petri & Wilhelm 5 Nays Aldermen Crooker Madden Powell Redd Smith &and Von Rosenberg 6 A Motion was then made to suspend the rule and place the ordinance on its second reading, which. Motion was lost by the following Vote Yeas Aldermen Crooker & Madden Powell Redd Smith &and Von Rosenberg 6 Nays Aldermen Lunes & Haynes Moore Petri & Wilhelm 5 Alderman Lunes moved that the marshal be instructed to do his duty in accordance with the ordinances of the City. Alderman Smith moved to table the motion of Alderman Lunes, which motion prevailed by the following Vote Yeas Aldermen Crooker Madden Powell Redd Smith &Von Rosenberg 6 Nays Aldermen Lunes Haynes Moore Petri Wilhelm 5 Alderman Smith moved that the Council stand adjourned, which motion was lost by the following Vote Yeas Aldermen Crooker Madden Powell Smith 4 Nays Aldermen Lunes & Haynes Moore Petri Redd Von Rosenberg &Wilhelm 7 Approved accounts By Alderman & Haynes an ordinance appropriating the Sum of $1130.01 for the purpose of paying approved accounts. The ordinance was read the first time and passed under suspension of the rules by the following Vote Yeas Aldermen Crooker Lunes Haynes Madden Moore Petri Powell Redd Smith & Von Rosenberg & Wilhelm 11 Nays None Approved accounts By Alderman Haynes an ordinance appropriating the St. Dept sum of $397.05 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 Crooker Lunes Haynes Madden Moore Petri Powell Redd Smith Von Rosenberg & Wilhelm 11 Nays None On motion the Council adjourned Jessie Robinson City Clerk.