158 • R e g u l a r m e e t i n g o f t h e C i t y C o u n c i l . A u s t i n , T e x a s , A u g u s t 1 7 t h 1 9 0 8 : H o n F M H a d d e x , M a y e r , P r e s i d i n g . R o l l c a l l e d : P r e s e n t A l d e r m e n A r m s t r o n g , C r e e k e r , H a y n e s , M e r e d i t h , M i l l e r , M e r o l a n d , S c o t t A n d W i l h e l m 8 A b s e n t A l d e r m e n C u n e s , M e o r e , P e t r i , R e a d , S m i t h & S u t o r 5 O n m o t i o n t h e m i n u t e s w e r e a p p r o v e d a s r e c o r d e d b y t h e C l e r k , w i t h o u t r e a d i n g . P e t i t i o n s , M e m o r i a l s , e t c : Petitions re Women and Home: burial spaces B y A l d e r m a n M i l l e r p e t i t i o n o f a c o m m i t t e e o f t h e B e a r d o f M a n a g e r s o f W e m a n s C o n f e d e r a t e H o m e , a s k i n g t h e C i t y t o d o n a t e a p l a t i n t h e C i t y C e m e t e r y f o r t h e b u r i a l o f i n m a t e s o f s a i d H o m e . O n m o t i o n t h e p e t i t i o n w a s r e f e r r e d t o t h e C e m e t e r y a n d C h a r i t y C o m m i t t e e A l d e r m a n R e d d e n t e r e d t h e C o u n c i l C h a m b e r . A l d e r m a n C r e e k e r m o v e d a c a l l o f t h e C o u n c i l w h i c h w a s s e c e n d e d , a n d t h e M a r s h a l d i r e c t e d t o b r i n g i n t h e a b s e n t e e s . A l d e r m e n S m i t h , P e t r i , M e o r e , M e r e d i t h & C u n e s e n t e r e d t h e C o u n c i l c h a m b e r a n d a n s w e r e d t o t h e i r n a m e s . O n m o t i o n t h e c a l l w a s s u s p e n d e d . Citizen Express wagon ordinance T h e M a y e r l a i d b e f o r e t h e C o u n c i l a p e t i t i o n f r o m C i t i z e n s a s k i n g t h e C o u n c i l t o a m e n d a n o r d i n a n c e p a s s e d b y t h e C o u n c i l r e q u i r i n g E x p r e s s W a g o n s , H a v i n g c a r s t o s t a n d a t t h e A l l i a n c e C o t t o n y a r d . A l d e r m a n S u t o r e n t e r e d t h e C o u n c i l C h a m b e r . O n m o t i o n o f A l d e r m a n C r e e k e r t h e p w t i t i o n i n r e g a r d t o E x p r e s s w a g o n s e t c , w a s r e f e r r e d t o t h e S t r e e t C o m m i t t e e . Dr LaFayette Berry to occupy J 7th St B y t h e M a y o r p e t i t i o n o f C i t i z e n s a s k i n g t h a t D r J L a F a y e t t e B e r r y b e p e r m i t t e d t o e r e c t a p l a t f o r m o n w e s t 7 t h s t r e e t t o g i v e e n t e r t a i n m e n t s & a n d m a k e d e m o n s t r a t i o n s . T h e p e t i t i o n w a s g r a n t e d b y t h e f o l l o w i n g v o t e : Y e a s A l d e r m e n A r m s t r o n g , M e r e d i t h , M i l l e r , M e o r e , P e t r i , R e d d , S c o t t , S m i t h a n d W i l h e l m 9 N a y s A l d e r m e n C r e e k e r , C u n e e , H a y n e s , M e r e l a n d & S u t o r 5 Reports of City Officers R e p o r t s o f C i t y O f f i c e r s : T h e M a y e r l a i d b e f o r e t h e C o u n c i l t h e r e p o r t s o f t h e T r e a s u r o r & S e x t o n f o r t h e m o n t h o f J u l y 1 9 0 8 , w h i c h w e r e r e f e r r e d t o t h e i r a p p r o p r i a t e C o m m i t t e e s , w i t h o u t r e a d i n g . R e p o r t s o f S t a n d i n g C o m m i t t e e s : Report Standing Cms L. L. & Geo L Robinson. to open street A l d e r m a n S c o t t f o r t h e S t r e e t C o m m i t t e e t o w h o m w a s r e f e r r e d t h e p r o p- i t i o n o f T h o s F T a y l o r A g e n t f o r t h e E s t a t e s o f M r s L L & G e o L R o b e r t s o n i n r e g a r d t o o p e n i n g c e r t a i n s t r e e t s , p r e s e n t e d a r e p o r t r e c o m m e n d i n g t h e a c c e p t a n c e o f t h e p r o p o s i t i o n . O n m o t i o n t h e r e p o r t w a s a d o p t e d . For Ilse to open street A l d e r m a n S c o t t f o r t h e S t r e e t C o m m i t t e e t o w h o m w a s r e f e r r e d t h e p r o p o s- i t i o n o f D r F I l s e i n r e g a r d t o o p e n i n g a s t r e e t n e a r h i s p r o p e r t y , p r e s e n t e d a r e p o r t r e c o m m e n d i n g t h a t t h e p r o p o s i t i o n b e a c c e p t e d , w i t h c e r t a i n a m e n d m e n t s . O n m o t i o n t h e r e p o r t w a s a d o p t e d . Finance Officers reports A l d e r m a n H a y n e s f o r t h e F i n a n c e C o m m i t t e e t o w h o m w a s r e f e r r e d t h e r e p o r t s o f c e r t a i n C i t y O f f i c e r s , p r e s e n t e d a r e p o r t s t a t i n g t h a t t h e y h a d b e e n e x a m i n e d a n d f o u n d c o r r e c t . T h e r e p o r t w a s a d o p t e d . --- Page break --- Ordinance for petition Austin Ice & Fuel Co. for pipe (.) Veto Mayor Appropriation for extra services of sundry employees Ex a Petition Ben Merriall Taxes Alderman Cunee for a minority of the Ordinance Committee to whom was referred a petition from the Austin Fuel & Ice Co. for permission to lay a pipe from their plant to the Colorado River presented a report recommending that the petition be not granted. Alderman Moore presented a report signed by himself & Alderman Scott a majority of the Committee, recommending that the petition be granted. Alderman Moore moved to adopt the majority report. Alderman Cunes moved to substitute the minority for the majority report, which motion prevailed by the following vote: Yeas Aldermen Armstrong, Cunee, Haynes, Meredith, Moreland, Petri, Suter & Wilhelm 8 Nays Aldermen Crooker, Miller, Moore, Redd, Scott & Smith 5 The minority report was then adopted by the following vote: Yeas Aldermen Armstrong, Cunee, Haynes, Meredith, Moreland, Petri, Suter & Wilhelm8 Nays Aldermen Crooker, Miller, Moore, Redd, Scott & Smith 5 Alderman Petri for the Claims & Accounts Committee to whom was referred the petition of Ben Merrall for correction of Assessment for taxes, presented a report recommending that the petition be granted. On motion the report was adopted. Unfinished business : President of the Council Haynes in the Chair. The Chair laid before the Council the following veto message of the Mayor: To the Honorable, the City Council of the City of Austin. Gentlemen : I respectfully beg to return, disapproved, the following items in your appropriation passed July 3, 1908, for extra work, Sanitary Department, for July 1908, viz: Albert Friske ,extra work on sweeper $ 15,00 C Spencer ,extra work on sweeper 7,50 Manuel Hernandez ,extra work as gutterman 7,50 Each and all of whom are regular employees of the City, whose salaries are fixed by an ordinance passed Feb'y 17, 1908 and an amount sufficient to pay said salaries was carried in the budget for the year 1908. Your Ordinance Committe oto whom was referred a resolution dated June 8, 1908, provided for the payment for extra work performed on Sundays and Hillidays, in their report ,dated June 15, 1908, on said resolution use the following language: " Your Ordinance Committee to whom was referred the accompanying resolution providing; for the payment of street sweeper and assistant; for Sundays and holidays had leave to report that we have carefully considered said resolution and in our judgment the resolution cannot legally be passed by the Council at this time in its present shape. We, therefore recommend that the resolution be not passed " " At the same time we desire to report that the Committee has made arrangements which we think are satisfactory to the street sweeper and his assist- ants -to pay them for all overtime and work done by them. This compensation is to be monthly and to cover Sunday work ". On July 9,1908, an ordinance was introduced and passed appropriating $ 30,00 to pay for extra time street work done by the Sanitary Department. This ordinance was vetoed by me for the following reasons, towit : First- The budgeted amount for sanitary work for the year 1908 duly carries a --- Page break --- 160 . nufficient 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 Honorable Body before they received their appointment, as is required by section 120, City Charter . Third - Section, 59, page 31, City Charter, expressly prohibits the increase of compensation of the City's agents during the time they are remployed. Section 121, page 52, makes it unlawful to appropriate out of the General fund so as to reduce the general fund below the estimated amount in the budget . All three of the above named reasons are here, again, submitted as good and sound causes why these items cannot be appropriated and paid. As a further reason I wish to here call to your attention the fact that the General Revenue account , as shown by the Treasurer's report of August 3, 1908,had a balance of $ 15,973.78 . Should we collect for the general revenue, from all sources during the month of August, September, Ob October, November and December, as much as we collected last year, for same time, to-wit: $ 16,335.30 will make $ 32,314.08 to the credit of this fund . The expenditure last year for the months of August, September, October, November and December was $ 33,401.21,or $ 1087,13 more than our receipts therefore . It is apparent , as before stated, . that the we must practice the strict-est economy to remain within the budget and income . I must , therefore, for the reasons stated above, veto the three items for an extra pay for the men who are on the regular pay roll, at a fixed or stated salary , made before their employment in such capacity. Respectfully submitted . Austin, Texas, August 12 , 1908 . F M Maddox, Mayor . Alderman Crooker moved to reconsider the vote by which the ordinance was passed, which motion prevailed . Alderman Crooker moved that the ordinance do now pass notwithstanding the Mayor's objections, which motion was lost by the following vote : Yeas Alderman Armstrong, Crooker, Cuneo, Haynes, Miller, Petri, Redd, Smith and Wilhelm 9 Nays Alderman Meredith, Moore, Moreland, Scott & Suter 3 On motion Alderman Suter was excused from farther attendance at this session of the Council . By Alderman Scott an ordinance appropriating the sum of $ 500,00 for the purpose of paying for extra street labor . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Crooker, Haynes, Meredith, Miller, Moreland, Petri, Redd, Scott, Smith, & Wilhelm 11 Nays Alderman Armstrong & Cuneo 2 On motion the Council adjourned until 5 o'clock P M Tuesday August 18th, 1908 . City Clerk . --- Page break --- 161 . Adjourned regular meeting of the City Council, Austin, Texas, Au: 1: t 1908. Hon F M Maddox, Mayor , presiding : Roll call: Present Aldermen Cuneo, Haynes, Moore, Mereland , Petri, Redd, Smith & Wilhelm 8 Absent Aldermen Armstrong, Creeker, Meredith , Miller, Scott & Suter 5 Alderman Redd moved a call of the Council, which was seconded and the Marshal directed to bring in the Absentees. Aldermen Miller & Suter entered the Council chamber and answered to their names. On motion the call was suspended. Austin Ice & Fuel Co petition Alderman Haynes moved to reconsider the vote by which the Council refused to grant the petition of the Austin Fuel and Ice Co to lay pipe from their factory to the River, and that the matter lay over until the next regular meeting of the Council, which motion prevailed. , by the following vote : Yeas. Aldermen Haynes , Miller, Moore, Petri, Redd & Smith 6 Nays Aldermen Cuneo, Mereland ,Suter & Wilhelm 4 Alderman Moore for the City Hall Committee presented the following report, which was read and adopted : Austin, Aug.17,1908 . To the Hon Mayor and City Council of the City of Austin. Paper & Bros Architects paid We your City Hall Committee to whom was referred the account of Chas Page & Bros Architects for balance due them by the City for services in the Construction of the City Hall, beg leave to report that we have examined said account and find the same correct for the sum of $ 454.37 .We therefore recommend that the same be paid. This will be final payment to Page & Bro for their services. C W Moore, Henry Petri, Tom D Smith, A E Cuneo City Hall Committee G C Grand .By Alderman Haynes Petition of G C Grand to remit fine assessed against him Fine remitted in the Recorder's Court Alderman Haynes moved to remit the fine and all costs except the jury fee and that the party be released upon payment of the jury fee provided he remove the sheds Etc he has erected on the ground , which motion prevailed . Paving Congress Avenue .By Alderman Moore an ordinance appropriating the sum of $ 2500.00 for the purpose of paving Congress Avenue . The ordinance was read the first time and passed by the following vote : Yeas Alderman Cuneo, Haynes, Miller, Moore, Mereland, Petri, Redd, Smith, Suter & Wilhelm 10 Nays none . Pay Dog Catcher By Alderman Smith an ordinance appropriating the sum of $150.00 for the purpose of paying the salary of the Dog Catcher for the months of August & Sept 1908 . The ordinance was read the first time and passed by the following vote : Yeas Alderman Cuneo, Haynes, Miller, Moore, Mereland, Petri, Redd, Smith & Wilhelm (Suter) Nays none . Pay G. S. Boyce By Alderman Moore an ordinance appropriating the sum of $ 50.00 for the purpose of paying G S Boyce for supt paving on Congress Avenue . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Cuneo, Haynes, Miller, Moore, Mereland, Petri, Redd, Smith, Suter & Wilhelm 10 Nays none . Prohibit Public Wagons By Alderman Haynes an ordinance prohibiting the standing of public wagons,express wagons, carriages etc on certain streets etc during certain hours of the day . The ordinance was read the first time and referred to the Ordinance & Street Committees --- Page break --- 162 R.R. Automatic. Bells. . By Alderman Meere an ordinance providing for the placing of automatibells at places where railroad trains are in the habit of crossing public streets in the City Of Austin. The ordinance was read the first time and on motion was referred to the Ordinance Committee . Pay Architects By Alderman Meere an ordinance appropriating the sum of $454.37 for the purpose of paying C H Page & Bro the balance due them as Architects of the City Hall . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Smith, Suter & Wilhelm 10 Nays none L E Leden resigns Policeman The Mayor laid before the Council a communication from L E Leden tendering his resignation as a Policeman . On motion of Alderman Smith the resignation was accepted and the Marshal requested to nominate a successor . The Marshal presented the name of M J Connelly M J Connelly elected Policeman for confirmation as Policeman. Aldermen Moreland, Petri & Wilhelm were appointed Tellers. The Tellers announced the following as the result of the ballot, viz: For confirmation 10. Against none. The Mayor declared Mr Connelly duly appointed and confirmed as a Policeman for the unexpired term . Refund fee Mrs Barrington remitted On recommendation of the Mayor a pound fee due by Mrs Barrington was remitted . On motion the Council adjourned J. O. Johnson City Clerk.