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Austin Dairy Rules & Street Safety Debate

Monday, April 20, 1908 regular

Dairy regulations debated: The Council adopted new health rules for dairy operations, but rejected a controversial requirement for cheesecloth over milk vessels; heated debate included testimony from local dairymen concerned about practicality.

Water infrastructure expansion requested: Citizens petitioned to extend water mains to Chicon Street on 3rd Street, with the request referred to the Water & Light Commission.

Several financial claims settled: The Council approved refunds and settlement payments for overpaid pound fees, property damages, and tax corrections from various citizens.

Pound yard expansion tabled: A contentious proposal to extend pound limits in the 7th Ward—with 171 petition signatures—was sent to a special committee after debate, rather than being immediately approved or rejected.

Street safety improvements ordered: The Council directed work on Shoal Creek Road (where fences made it dangerously narrow) and Oakwood Avenue (where water drainage was flooding a resident's basement).

Full Transcript

99 Regular meeting of the City Council, Austin, Texas April 20, 1908 : Hon F M Maddox, Mayor, presiding ; Roll called : Present Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moore, Petri, Redd, Scott, Smith & Wilhelm 10 Absent Aldermen Moreland & Sutor 2 On motion the minutes were approved as recorded by the Clerk, without reading. Petitions, memorials, etc: Petitions ok – Citizens to extend Water Mains The Mayor laid before the Council Petition of Citizens asking that Water Mains be extended on 3rd street ,to Chicon street .Read and on motion referred to the Water & Light Commission. Colorado Hose Co. invitation The Mayor laid before the Council an invitation from Colorado Hose Co No 2, to attend their 37th anniversary on May 1st 1908 ; On motion the invitation was accepted. Reports of City Officers : Reports City officers The Mayor laid before the Council the report of the Treasurer for the month of March 1908, which was referred to the Finance Committee, without reading. Reports The Committees Reports of Standing Committees : C S L Costley Alderman Petri for the Committee on Claims & Accounts to whom was referred the petition of S L Costley ,asking to be refunded the amount excess for horse sold from pound ,presented a report recommending that the petition be granted,on motion the report was adopted . C S Damages Alderman Petri for the Committee on Claims & Accounts to whom was referred the Mrs M B Dial claim of Mrs M B Dial for damages, presented a report recommending the acceptance of of a proposition to compromise the Claim .On motion the report was adopted . C S A Wheeless Pound Alderman Petri for the Committee on Claims & Accounts to whom was referred the Fees petition of Mrs A Wheeless ,asking to have certain pound fees refunded , presented a report recommending that the petition be granted. On motion the report was adopted . C S R A Thompson – Alderman Petri for the Committee on Claims & Accounts to whom was referred the peti Taxes petition of R A Thompson asking correction or assessment, presented a report recommending that the petition be granted; On motion the report was adopted . The Mayor laid before the Council the following communication : Austin, Texas April 20, 1908. To the Honorable The Mayor and City Council, City of Austin , Texas . Gentlemen : City Engineer's Comm I was not present at the last meeting of the City Council, but on the Street car Tickets the following morning that bills of the Austin Electric Railway Co for $ 4.50 for street car tickets used by the City Engineers Department on the Citys work had been held out for investigation . I beg to state that these tickets were purchased under the authority of the Street Committee, and are used by myself and assistants while on the work of the City. They effect an economy in time far greater than their cost . In purchasing the tickets I am not aware that any ordinance of rule of the City has been violated Respectfully submitted, G S Iredell, City Engineer On motion the Council directed the payments of the bills. The Mayor stated that he recommended the remission of fines assessed against the following named parties, and giving his reasons for the recommendation, viz; --- Page break --- 100 Fines Remitted . A V Arnold E Blount & Jesse Scott .On motion the recommendations of the Mayor were adopted . resolution adopted by Alderman Meredith for the special Committee to whom was referred a resolution in regard to the Alliance Yard presented the following; report,which was read and adopted . Alliance Yard. To the Hon P M Maddox,Mayor,and City Council of the City of Austin. We your special Committee to whom was referreda resolution signed by Alderman Haynes ,beg leave to make the following report,that we recommend the adoption of the resolution. J M Meredith,C J Wilhelm,F A Scott,W C Redd C B Moreland.Special Committee [Handwritten: To him Personal Want] Alderman Scott for the street Committee to whom was referred the petition of Mrs R E Grant in regard to side walk presented the following report, which was read and adopted . To the Hon P M Maddox,Mayor,and City Council of the City of Austin. We your Street Committee to whom was referred a petition of Mrs R E Grant owner of the southwest corner of 8th and Colorado streets beg leave to make the following report. After consulting with her Attorney ,Mr Gardner Ruggles it was agreed that if the City will grade down the side walks on Colorado and 8th street and relay the curb and cement walk on Colorado street Mrs Grant thereby relinquishes any claim against the City for any further damages that she might have from cutting down this street. With this understanding your Committee recommend that the City Engineer is hereby instructed to grade down the side walks on Colorado and West 8th street ,and relay the cement walks and brick walk on the present grea grade . Alliance Yard Alderman Petri moved that the resolution offered by Alderman Haynes in regard to the Alliance cotton yard ,and recommended by the special Committee,be adopted ,which motion prevailed . Aldermen Moreland and Sutor entered the Council Chamber . H E Spotts Adison Alderman Scott for the street Committee to whom was referred the petition of G A Seviers asking the Council to repair street in front of his property,asked that they be allowed to return the petition to the Council and that it be referred to the Paving Committee .On motion the request was granted and the petition so referred . Police Bond Petition By Alderman Cuneo petition of Mrs Rosa Klein ,asking correction of Taxes. Assessment Read and referred to the Committee, on Claims & Accounts. A Birnsteil Duplicate Alderman Haynes moved that the City Clerk be authorized to issue to R Warrant Birnsteil a duplicate of Warrant №41143 for & 1,350 issued Feby 20 th. 1908 the original having been lost or mislaid. The motion prevailed. Police Ordinance Alderman Smith for the Police Committee to whom was referred the petition of Citizens for,and against the extension of the Pound limits in the 7th Ward presented the following report . Austin April 20/08 To the Hon Mayor & City Council ; We your Committee on Police to whom was referred the petition of certain Citizens of the 7th ward for the extention of the Pound limits beg leave --- Page break --- 101 . to report find that we have examined the petitions for and against the extention and petition for the extention has 171 signatures thereto and that the on other communications have come to this Committee, which are hereto attached, and we refer the whole to the Council without any suggestions Tom D Smith, J M Meredith W D Miller On motion Citizens were invited to address the Council on the matter . Alderman Moreland moved that the petition be not granted .Alderman Reid moved as a substitute that the matter be referred to the Ordinance Committee and the Aldermen from the 7th Ward ,Alderman Moore moved to table all motions ,which motion prevailed .Alderman Crooker then moved that the whole matter be referred to a special Committee of 5 ,including the Aldermen from the 7th ward ,with instructions to report at the next regular meeting ,which motion prevailed,and the Mayor appointed Aldermen Crooker,Reid & Armstrong,together with Alderman Moreland and Moore ,as such Committee . Open W James Street Alderman Reid offered the following resolution,which was read and adopted : & Austin Be it resolved by the City Council of the City of Austin that the City Attorney be and he is hereby requested to take up with the International & Great Northern Railroad Company the opening up of West James street where said Railroad Company has closed same ,and constructing a passable crossing over their right of way on said street Unfinished business : The Mayor laid before the Council the rules presented by the Board of Health; Rules Board Health Alderman Cuneo for the special Committee appointed to investigate the rule regarding Cheese cloths for milking purposes,made a verbal report stating that they had performed that duty and were of the opinion that it was practicable. Alderman Cuneo moved to adopt the 1st ( or milk ) section.Alderman Miller asked that Dairymen present be allowed to address the Council,which motion prevailed. After remarks by several Dairymen,Alderman Moreland moved to strike out that part requiring the use of Cheese Cloth over the mouth of milk vessel ,which motion prevailed by the following vote : Yeas Aldermen Armstrong,Meredith,Miller,Moreland,Reid,Scott,Wilhelm 7 Nays Aldermen Crooker,Cuneo,Haynes,Petri,Smith & Sutor 5 The section as amended was adopted by the following vote : Yeas Aldermen Armstrong,Crooker,Cuneo,Haynes,Meredith,Moreland,Petri,Scott,Smith Sutor & Wilhelm 11 Nays Aldermen Miller & Reid 2 Section 2 was read,Alderman Cuneo moved to amend by adding after the word " Painted " the words " or whitewashed "The amendment was adopted by the following vote : Yeas Aldermen Armstrong,Crooker,Cuneo,Haynes,Meredith,Miller,Moreland,Petri,Reid, Scott,Smith & Sutor 12 Nays Alderman Wilhelm 1 Section 3 was read ,Alderman Moreland moved to amend by striking out the word " Screened ",which motion prevailed by the following vote : Aldermen Armstrong,Crooker,Cuneo,Haynes,Meredith,Miller Moreland,Petri,Reid, Scott,Smith,Sutor & Wilhelm 13 Nays None --- Page break --- 102 . Alderman Miller moved to amend by striking out the word "Concrete", which motion was lost by the following vote : Yeas Aldermen Armstrong, Meredith, Miller, Redd, Scott, Wilhelm 5 Nays Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Smith & Sutor 7 The Section was then adopted by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Meredith, Moreland, Petri, Scott, Smith, Sutor 9 Nays Aldermen Armstrong, Miller, Redd & Wilhelm 4 Section 4 was read ; Alderman Redd moved to strike out in line 3 the words "Tree or Four " and insert the word " One ", which motion prevailed by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Section 5 was read and adopted by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Nays none . Section 5 was read and adopted by the following vote : Yeas Aldermen Armstrong, Crooker, Haynes, Meredith, Miller, Moreland, Petri, Redd, Sutor & Wilhelm 10 Nays Aldermen Cuneo, Scott & Smith 3 On motion the Council adjourned until 8 oclock Wednesday April 22nd 1908 Broo G. Thuson City Clerk . Adjourned regular meeting of the City Council, Austin, Texas April 22nd 1908 1908 : Hon F M Maddox, Mayor, presiding ; Roll called : Present Aldermen Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, Redd, Smith, & Wilhelm 10 Absent Aldermen Armstrong, Moore, Scott & Sutor 4 The Mayor laid before the Council the Rules of the Board of Health ; On motion D B Matthews was invited to address the Council; Section 5 was read, and adopted . Alderman Redd moved a call of the Council, which was seconded and the Mar shall directed to bring in the absentees : On motion Alderman Moore was excused on account of sickness. Alderman Redd moved to suspend the regular order of business and take up any appropriation ordinances, which motion prevailed . The Mayor laid before the Council an ordinance appropriating the sum of $ 40.00 for the purpose of paying the salary of the Keeper of Parks for the month of March 1908; The ordinance was read the second time and p passed under suspension of the rule by the following vote : Yeas Aldermen Armstrong, Crooker, Haynes, Meredith, Miller, Moreland, Petri, Redd, Scott, Smith & Wilhelm 11 Nays Alderman Cuneo . 1 Alderman Armstrong, entered the Council chamber and answered to his name. --- Page break --- 103 Resolution Shoal Creek road Alderman Armstrong offered the following resolution : Whereas Mr George Freund has built a fence cutting off the old road along Shoal creek so much that two wagons cannot pass each other for some distance making it quite a dangerous place, and Whereas the Messrs Theile have built a barb wire fence along the other side of said road making it still more dangerous in case a horse becomes frightened ; Therefore be it resolved that the Street Committee have the road worked at once so that two teams can pass each other at that place .On motion the resolution was referred to the Street Committee . Alderman Armstrong offered the following resolution ,which was read and referred to the Street Committee ; Street Work, 30th & 31st Whereas, Oakwood Avenue between 30th & 31st streets is in such a condition that whenever it rains the water drains from the street into the basement rooms of Mr J E Sharps Residence causing him considerable damage,Therefore be it resolved that the Street Committee be instructed to work the street above mentioned so as to to retain the water in its proper place . City Atty. excused City Clerk 2 days leave K of P granted use of Council Chamber during Session G.L. On motion the City Attorney was excused from attendance at this session of the Coun On motion the City Clerk was granted leave of absence for two days. On motion of Alderman Crooker the use of the Council Chamber was granted the Grand Lodge K of P during the session of the Grand Lodge. Alderman Cuneo offered the following resolution,which was read and adopted; Be it resolved by the City Council that after this date the Council shall meet Council meeting 8:30PM in its regular sessions in the City Hall at 8,30 oclock P M . Rules Board H.o.a. Alderman Meredith moved to reconsider the vote by which the Council adopted Section 1 of the Rules of the Board of Health ,Which motion was lost by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Meredith, Petri, Scott, Smith & Sutor 8 Nays Aldermen Armstrong, Miller, Moreland, Reid & Wilhelm 5 Section 7 was read and adopted . Alderman Wilhelm moved to reconsider the votes by which the Council adopted Sections 1 to 7 of the rules of the Board of Health, which motion prevailed by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, Reid, Smith & Wilhelm 11 Nays Aldermen Scott & Sutor 2 Alderman Petri moved to adopt the rules as reported by a majority of the Committee, which motion prevailed by the following vote : Pound Ordinance Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, Reid, Scott, Smith & Wilhelm 12 Nay Alderman Sutor 1 By Alderman Moreland an ordinance amending the Pound Ordinance .The ordinance was read the first time and on motion was referred to the special Committee appointed at the last meeting . Bootblack ordinance By Alderman Haynes an ordinance regulating the placing of Bootblack stands on Congress Avenue & 5th street in the City of Austin, Texas . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, --- Page break --- 104 Rodd, Scott, Smith, Sutor & Wilhelm Nays none. Alderman Scott offered the following; resolutionwhich was read and on motion referred to the Street Committee. Resolved that the Police Department be and is hereby instructed to see that ordinances are not violated which refer to the throwing of rubbish into the streets, alleys and gutters, or obstructing the streets by the depositing of dirt or material thereon, or in any other ways, or or the violation of any other ordinances pertaining to the public use of highways.also, Resolved that the Police Department notify the Mayor whenever there is an apparent encroachment on the streets or alleys in the erection of buildings, fences or other obstructions. Withdrawn, [illegible] enforced Alderman Redd offered the following resolution; Street Car Co. & [illegible] Be it resolved that the Street Committee be authorized to purchase such p Tickets for Engineer pass books from the Street Car Co as they deem absolutely necessary for the use of the Street department. The resolution was adopted by the following vote : Yeas Aldermen Crooker, Haynes, Miller, Moreland, Redd & ScottMeredith 7 Nays Aldermen Armstrong, Cuneo, Petri, Smith, Sutor & Wilhelm 5 On motion the Council adjourned Geo. A. Gottson City Clerk.