148 . Regular meeting of the City Council, Austin, Texas, July 20, 1908: Hon F M Maddox, Mayor, Presiding: Roll called: Present Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Moore, Petri, Scott, Smith & Wilhelm 10 Absent Aldermen Miller, Moreland, Redd & Sutor. On motion the minutes were approved as recorded by the Clerk, witout reading. Alderman Moore moved a call of the Council, which was seconded and the Marshal directed to bring in the absentees. Aldermen Miller & Sutor entered the Council and answered to their names. On motion of Alderman Smith the call was suspended. Petitions The Mayor laid before the Council the following petitions, viz: Jg Staples & J Rouden pound fees J Staples & J Rouden, asking remission of Pound fees, which were read and on motion referred to the Committee on Claims & Accounts. Fm Pannell to put up streamer F M Pannell for permission to streach a Streamer across Congress across Streets Avenue at intersection of Sixth street, which was on motion refused. By Alderman Moorepetition & proposition of F Ilse in regard to Street, which was read and on motion referred to the Street Committee, the Engineer and the City Attorney, with instructions to report at the next regular meeting of the Council. Aldermen Moreland & Redd entered the Council Chamber. R Platt building permit The Mayor laid before the Council an application from R Platt for build-ing permit, which was granted by the following vote: Yeas Aldermen Armstrong, Crooker, Haynes, Meredith, Miller, Moore, Petri, Redd, Scott & Sutor Smith 11 Nays Aldermen Cuneo, Moreland & Wilhelm 3 Deen-walling The Mayor laid before the Council an application from Deen & Walling To erect Stairs for permission to erect a Stairway on the corner of East 5th & San Jacinto streets, which was granted. Reports City Officers Reports of City Officers: The Mayor laid before the Council the report of the Treasurer for the month of June 1904, which was referred to the Finance Committee. Reports Standing Reports of Standing Committees: Committees Alderman Haynes for the Finance Committee presented the following report. Austin, Texas, July 20th 1904: To the Hon F M Maddox, Mayor, and Board of Aldermen of the City of Austin: Gentlemen: Finance Your Committee on Finance beg leave to report that we have carefully checked statement of the City Assessor & Collector herewith Credit to Assessor & submitted, showing all delinquent taxes for the year 1904, in hands of Collector the City Attorney for suit (together with Insolvent lists for said year:) and request that the City Clerk be instructed to credit the Assessor & Collector with amounts shown on said statement, to wit: General Revenue $ 3567.03 School Tax 1189.17 Interest & Sinking fund 2140.13 Committee on Finance . H L Haynes J M Meredith L M Crooker --- Page break --- 149 Sanitary proposition . On motion the report was adopted . for street sprinkler Alderman Sutor for the Sanitary Committee ,presented a proposition from Wm Payson for a street Sprinkler,which was read and on motion referred to the Sanitary and Finance Committees and the City Attorney . Fire Guard Alderman Smith for the Fire Committee to whom was referred the petition of G C Grand building permit for building permit presented a report recommending that the petition be not granted and the report was adopted . Unfinished business. Unfinished business s: The Mayor laid before the Council an ordinance appropriating the sum of $ 3000.00 to $3000. paving w6th st for the purpose paving west sixth street .The ordinance was read thesecond time and on motion was laid over until contractis made . $17.71 Otto The Mayor laid before the Council an ordinance appropriating the sum of $17.71 Schmidt for the purpose of paying heirs of Otto Schmidt for flagging,.The ordinance awas read the second ime and passed under suspension of the rule by the following vote: Yeas Aldermen Armstrong,Crooker,Cunso,Haynes,Meredith,Miller,Moore,Moreland,Petri, Redd,Scott,Smith,Sutor & Wilhelm Nays none 14 President Haynes in the chair . The Chairman laid before the Council the following veto message of the Mayor . Austin,Texas,July 18,1908 . Mayor's veto . Hon City CouncilAustin,Texas . Gentlemen: I respectfully beg to return disapproved ,your ordinance appropriating the sum of $ 30,00 for the purpose of paying for extra street work done by the Sanitary Department .My reasons are as follows : First: The budgeted amount for sanitary work for the year 1908 carries only a sufficient sum for the monthly payment of the regular employees . Second: The employees to whom it is proposed to pay this extra allowance,are regular employees and their compensation was fixed by your body before they received their appointment,as is required by section 120,City Charter. Third: Section 69,page 31.,City Charter,expressly prohibits the increase of the compensation of the City's agents,during the time which they are employed. Section 122,page 52,makes it unlawful to appropriate out of the general fund so as to reduce the general fund below the amount estimated in budget .. The condition of the general fund is now such that we must use the greatest econ-omy,or we cannot meet our budget. I,therefore,for the reasons above given must disapprove of your ordinance . F M Maddox,Mayor . Alderman Crooker moved to reconsider the vote by which the ordinance was passed which motion prevailed .Alderman Smith moved that the ordinance do now passnotwithstanding the Mayors objections,which motion was lost by the following vote : Yeas Aldermen Armstrong,Cunso,Scott,Smith,Sutor & Wilhelm 5 Nays Aldermen Crooker,Haynes,Meredith,Miller ,Moore,Moreland,Petri,Read 8 New business s: Report of the Auditor Alderman Haynes offered the following resolution. Showing result of Whereas,the report of Hon Milton Morris ,Auditor showing result of the auditing the auditing of the of the annual report of the on Water,Light and Power Commission,for the year 1907, annual report of the W.L.&P.Commission was referred to the Finance Committee and the Water & Light Committee of the Council --- Page break --- 150 . where the same now rests. Therefore, be it resolved that the same be referred to the Hon Water, Light and Power Commission. Alderman Moreland moved to amend the resolution by adding "and that they be requested to report at the next regular meeting of the Council", which Report Paving amendment was adopted, and the resolution as amended was then adopted. Com on Paving The Mayor laid before the Council the report of the Paving Committee, W 5th St which was presented at the last meeting of the Council , in which they recommend the acceptance of the bid of Ockander Bros for paving West 5th street . The motion was made to adopt the report , which motion was lost by the following vote : Yeas Alderman Crooker, Meredith, Moore, Scott & Smith 5 Nays Alderman Armstrong, Cuneo, Haynes, Miller, Moreland Petri, Redd Sutor & Wilhelm 9 Ord to return certified Alderman Petri moved that the Clerk be instructed to return to the checks different bidders their certified checks filed with their bids, which motion prevailed Alderman Scott presented a letter to be used by the Clerk in returning the Check of Ockander Bros , and the Clerk was instructed to use the said letter for that purpose . Water System By Alderman Moore an ordinance appropriating the sum of $ 130.50 for at City Hall the purpose of constructing a water system at the City Hall. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moore Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 14 Nays none . Pay Bridge Keeper By Alderman Miller an ordinance appropriating the sum of pro tem $ 20.00for the purpose of paying salary of Bridge Keeper pro tem, during the absence of the Bridge Keeper on leave of absence. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moore, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 14 Nays none . Alderman Cuneo moved that the regular order of business be Pet w Cuneo for suspended and that he be allowed to present a petition, which motion To exchange prevailed . Alderman Cuneo presented to the Council a petition from Dr lot H B Gronberg asking an exchange of certain lot held with West Austin Hose Company . The petition was read and on motion and referred to the Fire Committee, Mayor and City Attorney ,with instructions to report at the next meeting of the Council . By Alderman Moore an ordinance providing for the appointment of a City H Creating Standing Hall Committee as a standing Committee of the Council and prescribing City Hall their powers and duties. The ordinance was read the first time and Committee passed under suspension of the rules by the following vote : Yeas Alderman Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moore, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 14 Nays none . --- Page break --- 151 John K. obstruction in Calavera River . Alderman Scott offered the following resolution which was read and adopted. Whereas serious damage and great inconvenience is caused to boatmen by the obstruction of piles and other timbers now in the Colorado River just west of the I & G N Ry Bridge, and, whereas said piles and obstructions were placed in the bed of the Colorado River by the International and Great Northern Railway Company, or its Contractors in the building of the new bridge at that point. Therefore be it resolved by the City Council of the City of Austin, Texas: That the City Attorney, and the Street Committee are hereby authorized and directed to communicate with the proper representatives of the said International and Great Northern Railway Co and urgently request that all said dangerous obstructions be removed at as early a day as possible. City attorney to institute suits for uncollected taxes Alderman Haynes offered the following resolution, which was read and adopted. Whereas it has come to the knowledge of the City Council of the City of Austin that certain persons owning property within the City of Austin are now indebted to the City of Austin for certain sum or sums of money for taxes for the years 1906 and 1907 and whereas no suits have been ordered brought by the City Council of the City of Austin for the years 1906 and 1907. Now, therefore, be it resolved that the City Attorney of the City of Austin be and he is hereby instructed to as soon as possible, institute suits against each and all of said delinquents for the amounts due by them to the City of Austin. City Atty to institute suit against Gas Company Alderman Haynes offered the following resolution which was read and adopted; Whereas it has come to the knowledge of the City Council of the City of Austin that the Austin Gas Company, a corporation of the City of Austin, is now and has for a number of years been using personal property belonging to the City of Austin and which was formerly owned by a defunct Gas Company, known as the "Water Gas Company " and which said Gas Company had franchise rights, pipes, etc. in the City of Austin, and which said last named company has defaulted in the payment of taxes to the City of Austin and has permitted their property to be sold to the City of Austin. Now, therefore, be it resolved by the City Council of the City of Austin, that the City Attorney of the City of Austin be and he is hereby instructed to investigate and at once file suit against said Austin Gas Company for the conversion, use and application of the personal property of the said "Water Gas Company" owned by the City of Austin. No resolution. 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 City Treasurer of the City of Austin, be and he is hereby directed to transfer from the Permanent Paving fund to the City Hall fund the sum of $ 2000.00, provided however that this sum be repaid out of the collection of the 1908 taxes, unless the same is needed by the Permanent Paving Committee at an earlier date. Alderman Moore offered the following resolution. Whereas on July 9th the City Council of the City of Austin ordered transferred from the Permanent Paving fund to the General fund the sum of One thousand dollars and whereas it was verbally agreed that said sum would be paid back out of the collection of taxes for 1908 or sooner if needed by Permanent fund Committee, and but no record was kept of such agreement. Now therefore, be it resolved by the City --- Page break --- 152 Council of the City of Austinthat the sum of One thousand dollars be tranferred from the General Fund to the Permanent Paving Fund out of the first collection of taxes for General revenue for the year 1908 . Alderman Haynes moved to amend the resolution by striking out in the third from the last line the word " first",which motion prevailed,and the resolution as amended was then passed . Alderman Cuneo offered the following resolution which was read and on motion referred to the Water & Light Commission . W. Light Commission requested to put in Arc Light Resolved that the Water & Light Commission be requested to place an Arc light on the corner of Sixth Street and Congress Avenue,and that the Arc Light at the south end of the Colorado bridge be put into operation . Alderman Scottpresented the following form of letter that the City Clerk should use in returning the certified check of Ockander Bros; Gentlemen: Austin, Texas,7/21/08. Ockander Bros Genl Contractors, Waco, Texas . Gentlemen: By direction of the Hon City Council of the City of Austin, I edhampsthairnyurnbidforyandpavingcheckthatethioCity return to you your certified check for $ 1000.00 which accompanied your bid for certain paving on W 5th street in this City, which bids were opened on June 15th 1908 .The Paving Committee recommended your bid but on account of the remote time at which the work was to be done all checks have been ordered returned and no contract be entered into at this time . Very respectfully Alderman Cuneo presented the following communication,which was read . Austin, Texas, July 20th 1908 To the Hon Mayor and Board of Aldermen of the City of Austin. Gentlemen: At a meeting of the Board of Health of the City of Austinon July 15th 1908 Dr Swift was unanimously elected City Veterinarian. We respectfully ask you to confirm the appointment.We are aware that he receives no fees for his services, but we are anxious to have the enforcement of the City Council in the matter . Very respectfully W J Matthews P D President J T Bennett M D Secretary . Dr. Swift Confirmed as Veterinary Alderman Cuneo moved to confirm the appointment .Alderman Redd moved an amendment which the Mayor declared out of order.Alderman Redd appealed from the ruling of the Mayor,The ruling of the Mayor was sustained by the following vote : Yeas AldermenArmstrong,Crooker,Cuneo,Haynes,Meredith ,Moore,Moreland, Petri,Scott,Suter & Wilhelm 11 Nays Aldermen Miller ,Redd & Smith 3 The vote was then taken on the motion to confirm,and resulted as follows: --- Page break --- 153 Yeas Aldermen Crooker, Curco, Hayman, Morland, Petri, Smith Sitor and the Mayor 5 Nays Aldermen Armstrong, Meredith, Miller, Moore, Robb, Scott & Willis 7 Pine Wallace Dwyer The Mayor reported that he had remitted a fine assessed against Wallace Dwyer remitted in the Recorder's Court and asked the Council to confirm his action. On motion the action of the Mayor was confirmed. On motion the Council adjourned JnoGJohnson City Clerk . Alderman Petri for the Claims & Accounts Committee to whom was referred the petition of Henry Huess for correction of assessment ,presented a report recommending that the petition be granted and the Assessor & Collector authoriz to take credit for the difference . The Report was adopted .