614 Regular Meeting of the City Council Austin, Texas, Dec. 17th 1906 Hon W. D. Shelley, Mayor, presiding. Roll Call. Present: Aldermen, Armstrong, Crocken, Currie, Haynes, Katz, Miller, Moore, Petre, Powell, Von Rosenberg, Vowles, Helm 11 Absent: Aldermen, Machen, Redd, Voight 3 On motion the minutes were approved as recorded by the Clerk, without reading. Petitions etc. Petitions, memorials etc. By Alderman Armstrong – Petition of Fred Potsmecky Fred Potsmecky for for permission to erect an iron clad building, within the building permit Fire Limits – Read and on motion referred to the Fire Commissioners. By the Mayor – Petition of Gus Earnest asking to have Gus Earnest certain pound fees refunded – Read and on motion pound fees referred to the Committee on Claims & accounts. By the Mayor – Petition of Jas. Loving asking to have certain Jas Loving pound fees refunded – On motion of Alderman Moore pound fees the petition was granted. By the Mayor – Petition of Geo. Booth asking damages S. Booth for by negligence & non-repair etc., by reason of defective street. damages. Read and on motion referred to the Water & Light Commission. Alderman Jent entered the Council Chamber. Austin Fire Ins. By Alderman Jest – Petition of the Austin Fire Insurance Co. taxes Company asking correction of assessment for 1905 & 1906. Alderman Haynes moved that the petition be referred to the Finance Claims & accounts Committee and the City Attorney, which motion prevailed. The above Committees were instructed to report back at an adjourned meeting to be held Dec. 20th 1906. Alderman Machen and Redd entered the Council Chamber. Reports of City Officers. Report Marshal The Mayor laid before the Council the report of the Nov. 1906 Marshal for the month of November, 1906, which was on motion approved by the Council without reading. Standing Com. Reports of Standing Committees. Alderman Lehr for the Street Committee presented Street Contract a report stating that they had advertised for and for bridge at received bids for the erection of a bridge across Waller St. Creek on E. 2nd Street, and recommended the acceptance of the bid of Kaiser & Harleston for the sum of $905.00. On motion the report was adopted and the Mayor authorized to enter into contract with Jas. Harleston, subject to a new bid. Finance By-Laws Alderman Williamson presented the report of the City 1906 Treasurer and the report of the Finance Committee, which report was adopted. The general report --- Page break --- 615 Cemetery Sexton's report Alderman Wilhelm for the Cemetery Committee to whom was referred the report of the Sexton for the month of November 1906, presented a report stating that same had been examined and found correct. The report was adopted. Fire Bell Tower Alderman Von Driesen for the Fire Committee presented stating that the material for the Fire Bell Tower had been delivered and recommended that same be paid for. The report of the Committee was adopted. New Business Alderman Powell stated that there was a vacancy in Policeman Sill resigned the position of Policeman. Sill had moved that the Marshal be requested to nominate some person to fill the vacancy, which motion prevailed. City Marshal Morris submitted the name of Louis Mayfield for confirmation as Policeman. The Mayor appointed Alderman Haynes (Powell and Wilhelm as Tellers). The tellers announced the following as the result of the ballot. For confirmation 14. Against 0. Louis Mayfield elected Policeman Mayor declared that Louis Mayfield elected as Policeman for the unexpired term ending April 1907. Alderman Haynes offered the following resolution which was read and adopted. Transfer funds from City Hall to Street Improvement Fund Resolved, that the City Treasurer be instructed to transfer 84 90 from the City Hall Improvement Fund to the Street Improvement Fund. Ordinance to Lease dam to W. A. Ellis By Alderman Moore, proposition of W. A. Ellis to lease the City Water & Light Plant and repair the dam. Alderman Moore moved that the proposition and ordinance be referred to a special Committee of three Aldermen & three citizens, with instructions to report at an adjourned meeting of the City Council to be held at 8 o'clock P.M. Dec. 20th 1906. Alderman Haynes moved that the matter be laid on the table, which motion prevailed by the following vote. Yeas Alderman `[illegible]` Haynes, Wilhelm, Sill and Hais and `[illegible]` Nays Alderman Schonaker, [illegible] Moore and Von Driesen. $500 to improve Cemetery Alderman Wilhelm an ordinance appropriating the sum of $500 for the purpose of improving the City Cemetery. The ordinance was read the first time and passed its second reading by unanimous vote. --- Page break --- 616 Was Commission requested to reduce water rate Alderman Armstrong, Crooker, Chicken, Miller, Petri, Powell, Reed, Alderman Avery offered the following Resolution which was read adopted. Whereas, it is understood that the improvements in the Water right system contemplated by the City Commission when reducing the present rate for water have been Completed and there being no longer a necessity thereof at the rates Therefore Be it resolved by the City Council, that the City, Commission is hereby earnestly requested to reduce the Minimum rate for water to $1.00 per month, or to make such other reduction as in their judgement may be proper and justto the people. The above laid before the Council the following Communication which was read and on motion referred to street Committee Austin, Texas, Oct 7th 1906 To the Hon City Council of the City of Austin: Gentlemen: East Austin Improvement Club request to open Certain Streets I am instructed by the East Austin Improvement Club to notify you that at their last meeting held on 10th March the following Resolution was unanimously adopted That the City Council be asked to take steps to open all Streets now Closed running North and South intersected by the tracks of the H&TCRR from East Fourth St. east to the oil well. The above laid before the Council an invitation from East Austin Schools invitation to annual Ball East Austin Schools No. 4 to the members of the Council, City officials and their families to attend the annual News Ball to be given at the Hall January 14th 1907 On motion the invitation was accepted. Pay P O'Dennaway By Alderman Haynes an ordinance appropriating the sum of $20.00 for the purpose of paying P. O'Dennaway for services with team. The ordinance was read the First time and passed Under Suspension of the rules by the following Vote: Yeas Alderman Armstrong, Crooker, Dancorth, Avery, Reity, Chicken, Ellison, Moore, Petri, Powell, Reed, Smith and Rucker Nays None 14 Fine Allen Mayfield & M. M. By Alderman Haynes an ordinance appropriating the sum of $2.00 for the purpose of remitting to Allen an amount for tax due him on a Hays County which was erroneously assessed Remitted by the Council --- Page break --- 617 The Ordinance was read the first Time and passed under suspension of the rules by the following Vote Yeas Aldermen Armstrong Crooker Cunco Haynes Katz Macken Miller Moore Pelvic Powell Redd Scott Von Rosenberg & wilhelm 14 None Pay interest due Jany By Aldermen Haynes an Ordinance appropriating 1st 1907. On Refunding the Sum of $3097.00 for the purpose of paying the interest bonds due Jany 1st 1907. on $107,500.00 Refunding Bonds Sewage Plant By Aldermen Scott moved to reconsider the Vote by which referred the ordinance to Lease the water and Light Plant was laid on the table, which motion prevailed the following Vote Yeas Aldermen Armstrong Crooker Cunco Katz Macken Moore Scott & Von Rosenberg 8 Nays Aldermen Haynes Miller Petri Powell Redd & Wilhelm 6 On motion of Aldermen Scott the ordinance was referred to the Water Light Committee, with instructions to report at the adjourned meeting to be held Dec 20, 1906. Building Permit Aldermen Crooker moved to reconsider the Vote by which Petriscaly the application of Fred Petriscaly for permission to erect an Iron Clad Building within the fire limits was referred to the Board of Fire Commissioners, which motion was lost by the following Vote Yeas Aldermen Armstrong Crooker Katz Macken Redd and wilhelm 6 Nays Aldermen Cunco Haynes Miller Moore Petri Powell Scott & Von Rosenberg 8 Fire Dept. ask The Mayor Laid before the Council a Communication from for Engine a Committee on the part of the fire department, asking for the purchase of one or more Fire Engines – The Communication was read and on Motion was referred to the Fire Committee. Aldermen Haynes presented the following which was read and adopted. City Atty Whereas the City Committee appointed on the Business report heretofore of the City of Austin, will appeal to the 80th Legislature of the State of Texas for a grant from the City of Austin for a certain part of the Temporary Capital Road for the purpose of Building a Public Library thereon: Be it resolved by the City Council of the City of Austin, that we hereby approve the appeal of the Library Committee to the --- Page break --- 618 this movement F L Haynes J A Cadon J W Crooker E Von Rosenberg A A Cutt C W Moore Alderman Cuneo offered the following Resolution which was read and adopted Resolved that the City Engineer be instructed to proceed at once to Run levels on S.E. side of Post Colorado and give levels and grades and perform any other services required by his office On motion of Alderman Moore the Council adjourned until 8 o'clock P.M. Thursday Dec 20, 1906 Jno. G. Johnson City Clerk The City Engineer instructed to to give grade on --- Page break --- Adjourned regular meeting of the Council Austin, Texas, Dec 20ᵗʰ 1906 Hon W. D. Shelley, Mayor, presiding Roll Call Present Aldermen Armstrong, Crowell, [Illegible], Hatz, Macking, Miller, Moore, Petri, Powell, Redd, Staft, Van Rosenberg, Wilhelm Absent None On motion of Alderman Moore, Alderman [Illegible] was invited to a seat in the Council Chamber Alderman Miller for the Water & Light Committee to whom was referred an ordinance leasing to W. D. Ellis the Water & Light Plant of the City presented the following report, which was read and adopted. Austin, Texas, Dec 20, 1906 Report of the Water & Light Committee on Ordinance to lease the W & L Plant to W D Ellis To the Hon W. D. Shelley, Mayor, and the City Council of the City of Austin: We, your Water & Light Committee, to whom was referred an ordinance entitled, "An ordinance leasing to W. D. Ellis and his or their associates, the entire system and systems of Waterworks, Electric Light and Power, physical at present owned by the City of Austin, Texas," etc. etc. beg leave to report that at a meeting, at which were present the representative of W. D. Ellis, and a Committee from the business league of the City, as well as a number of citizens, we have fully considered the above ordinance, and beg to recommend that the Same do not pass, for the following reasons: 1ˢᵗ We believe that the great majority of the citizens of the City, who are the owners of the water and light plant, believe it is a majority of the members of this Council, that it is unwise to lease the plant to private citizens or a private corporation, who shall control the system and fix rates, unless such burdens and restrictions are put upon Said individuals or corporations by the City, that would prevent a responsible party on parties making such contract, such as permitting the Council, not only for the present but in the future, to fix maximum rates to be charged 2ⁿᵈ The City is unable to pay out the money required for Water, Light and fire protection, as provided in Said ordinance. The City is only permitted to levy one per cent on the taxable values for general revenue purposes under the terms of this ordinance, or any ordinance, requiring the City to pay for water, light and fire protection, providing such would have to be made from the City’s revenue. Such Sums on Sums out of the [Illegible] revenue, and [Illegible] would amount to, unless the present [Illegible] --- Page break --- 620 which makes it is proposed to retain for fifty years, almost invariably, $24.000.00. The City is now levying for General revenue Ninety two cents on the One hundred dollars of Taxable Values for general revenue purposes, and every dollar derived from such levy it is absolutely essential is devoted to paying the current expenses of the City and the Annual installments made on account of the old water Company purchase. No sum of Money derived from the lease of the plant could be applied to the payment of this sum for water, light and fire protection, as such sums are now fixed and are pledged to the interest and principal of the bonded action of the City, and any bond holders could, by injunction, prohibit the application, by the City, of one cent of the Lease money, so derived. 2nd. As stated, the ordinance contemplates that the City shall pay to the lessees of the System rates for Water and lights, and fire protection as now fixed by the Water and Light Commission of the City As stated, based upon those rates, such sum would now amount to $24.000.00 per annum, or nearly one half the sum proposed to be paid the City for the lease of the whole plant. If the capacity and needs of the City continue to increase in proportion to the increase for the past six years, since the wasting away of the dam, before the tenth of the lease expired, the City would be paying annually to the lessees of the plant, a greater sum than it is proposed to pay annually for the entire plant. In other words, the records of the water and light office show that for the past six years there has been an increase of water and light takers of a little more than twenty five per cent and the growth of City and public users increase, of course, in the same proportion, and, if this ratio of increase is kept up the City would, at the end of thirty six years, be paying to the lessees at least $70.000.00 per year for water, light and fire protection for public use, and at the end of the contract period be paying in the neighborhood of $100.000.00 per year for this service alone. We think the rates proposed are greatly excessive, and out of all reason. It is proposed to charge, for fifty years, rates not to exceed present rates, which, of course, would mean the present rates, as neither individual nor Corporations voluntarily reduce the price of anything, where they have a Complete Monopoly, as was [illegible] in this case. The last year the dam was standing, the operating expenses were only $38.000.00 and nearly twice as much water was generated as is now generated by the City. --- Page break --- plant. The present income from the plant including what it is proposed the City itself shall fray, amounts to approximately $200.000.⁰⁰ per year. If we allow $50.000.⁰⁰ per year for operating expenses, to begin with if the dam should be rebuilt, and four per cent interest and two per cent sinking fund on $850.000.⁰⁰, which is the estimate of Mr Ellis as to the cost of the work, which amounts to $48.000.⁰⁰ per year, and allow $50.000.⁰⁰ per year to be paid to the City for rental, the lessees would have a clear profit net and above operating expenses, rental and interest and sinking fund of $16.000.⁰⁰ per annum from the beginning And if there was no additional increase in water taken out that takers that there has been for the past six years, the net profits of the lessees for the fifty years would be between seven and eight millions of Dollars, after paying operating expenses, rental and interest and sinking fund on their original investment. But the original investment could be retired in considerably less time than fifty years, if two per cent per annum was provided for as a sinking fund, and long before the lease expired, no interest on sinking fund would have to be provided for. In making this report, your Committee is not intending to act discourteously to the gentlemen who are working for the passage of this ordinance. On the contrary, we desire to treat them with every courtesy and give them every opportunity to be heard, if they wish to submit a proposition looking to the rebuilding of the dam. But, for the reasons above stated, we do not believe that it is possible to make a contract, looking to the leasing of the system for a long period of years, that would be fair to the City and its inhabitants, and meet the approval of the parties desiring the lease. We! Therefore, recommend, that the Council invite these gentlemen, and any others who may so desire, to make the City a proposition to rebuild the dam the City to pay them for a term of years as an annually, to be agreed upon, out of the earnings of the plant and the City to retain the exclusive management, control and custody of the entire plant, including the lake, and to take the dam at the end of the fixed period, free from any claim of any sort. We believe that if these proper terms can be agreed upon, with some person or Corporation, on these lines, a feasible way of constructing the dam can be agreed upon. W. O. Eller Geo. Segall T. H. Radd Water & Light Committee Alderman Bovin offered the following resolution --- Page break --- 622 Be it resolved by the City Council of the City of Austin: That, whereas, there are several parties who are figuring on rebuilding the dam if satisfactory, arrangements can be made with the City: and Whereas, it is the sense of this Council that the only proposition that would be acceptable to the City, would be for some party, or parties to undertake to rebuild said dam and turn over the entire Dam and the water including the system and the lake formed by the construction of said dam, the City to pay annual installments for the use thereof for a fixed term of 20 years, at the end of which time the same shall become the absolute property, the party or parties making such contract to keep the dam standing during the life of such contract. Now, therefore, if any person or persons or Corporation desires to submit a proposition along these lines, they are requested to file a sealed proposition with the Mayor on or before 12 o'clock, Noon of the 14th day of January, A D 1907 and all such propositions shall be submitted in unopened to the Council at the next regular meeting. Alderman Scott moved to amend the resolution by Striking out the word "January" and inserting the word "March" Alderman Wilhelm moved to Substitute by inserting "February" instead of "March" The Vote was taken on the motion of Alderman Scott and the motion lost by the following Vote Yeas Aldermen Erholken Holly Macken Moore Redd Scott Von Rosenberg Nays Aldermen Armstrong Ameesha Haynes Miller Petri Powell Wilhelm The Vote was then taken upon the substitute offered by Alderman Wilhelm and same adopted by the following Vote Yeas Aldermen Crocket Ameesha Haynes Holly Macken Miller Petri Powell Redd Scott Von Rosenberg Wilhelm 12 Nays Aldermen Armstrong & Moore Alderman Moore moved to amend by adding the proviso "Provided further that nothing herein shall be construed to prohibit, whether directly or indirectly or imply. The Amendment was adopted by the following Vote Yeas Aldermen Armstrong Erholken Ameesha Haynes Holly Redd Scott Von Rosenberg Nays Aldermen Macken Miller Petri Powell Redd Wilhelm Alderman Moore offered the following amendment which was adopted "The Council reserves the right to reject all bids if not satisfactory." The resolution as amended was then adopted. A Communication from T U Poeq on the subject of --- Page break --- 623 leasing the water light plant was read and ordered filed. The Finance and Accounts Committee to whom was referred the petition of the Austin Fire Insurance Co in regard to taxes, presented the following report Austin, Texas, Ace 20. 1906 To the Hon W.D. Waller, Mayor, and the City Council of the City of Austin: The Your Finance Committee and Committee on claims and accounts, to whom was referred a petition of the Austin Fire Insurance Company for a correction of the tax rendition of said Company for the years 1905 and 1906, beg leave to Report Comm. on report that we have carefully considered same petition Austin Fire and recommend that said petition be granted. Ins. for taxes We submit herewith a resolution which recommend that the Council adopt. S.L. Haynes Erwin Rosenberg Geo. Crocker Finance Committee Henry Petri Chas. J. Armstrong Committee on claims and accounts D.K. D.K. Hart by attorney Let it be resolved by the City Council of the City of Austin: That the City Assessor and Collector of Taxes, be and he is hereby directed to correct his assessment rolls for the year 1905, by striking therefrom $60.842.00 Cash on hand and in bank, and for the year 1906, by striking from said rolls the sum of $49.094.00, Cash on hand and in bank, assessed against the Austin Fire Insurance Company by the Boards of equalization for the two years. This correction, however, not to be made until after the 1st day of January, A.D. 1907; and, if prior to said 1st day of January, A.D. 1907, the said Austin Fire Insurance Company takes to remove or does remove its principal office outside of the City of Austin, this resolution shall be of no force and effect; and the City Assessor and Collector, shall, in that event, permit said assessments to stand as made by the Boards of Equalization. This resolution is passed and said corrections ordered because there is grave doubt as to the right of the City to tax money, on deposit in banks without the City. This resolution was adopted by the following vote: Yeas. Aldermen Armstrong, Crocker Haynes Statz, Wackar Miller Petri Carroll Redd Scott Von 11 Nays. Aldermen Moore Von Rosenberg 3 is more in favor the City and Committee presented a resolution, report. --- Page break --- 624 Austin, Texas, Dec 20, 1906 To the Hon. H.C. Wallecy and Board of Aldermen City of Austin Gentlemen: Your City Hall Committee beg leave to report, That on account of the recommendations and request of property owners adjoining the new City Hall and for the Change of plans further purpose of Satisfying those persons living in said new City Hall neighborhood, in regard to the Jail and Corporation Court, we respectfully recommend that the changes made in plans and specified by your Architect for additional work, consists of the addition of Ten feet on North side of building, both stories and basement, including all necessary excavating and demolition work, Concrete, brick and stone work with boiler room and new brick porch and stone steps, with vestibule and entrance on East side larger area way and a much larger jail, Court room and Assessor and Collectors Office with all necessary new openings including Changing toilets and lavatories; with lead Shale and fiber-works, will be Six thousand six hundred eighty two dollars ($6682.00) And we further recommended that the Mayor be instructed to enter into Contracts with the firm of Belgen & Boydoom, the Contractors for City Hall for this additional work. Respectfully Submitted H.M. Moore Henry Palm E. Vol Rosenberg City Hall Committee The report of the Committee was adopted by the following vote Aldermen Armstrong, Lamer, Haynes, Katz, Thacker, Willer, Moore, Palm, Powsell, Reid & Hatt Von Rosenberg & Wilhelm 13 Nays Alderman Ervolled On recommendation of the Mayor, fines assessed in The Recorders Court against the following named persons were remitted, Viz: Pinckler, Delegant, Powers. On motion the Council adjourned. J.R.L. Johnson City Clerk