237 .Regular meeting of the City Council : Austin,Texas,April 05, 1909. Hon F M Maddox,Mayor presiding: Roll called. Present Aldermen Armstrong,Crooker,Cuneo,Haynes,Meredith,Miller,Moore, Moreland,Petri,Redd, Scott,Smith,Sutor & Wilhelm. 14 Absent none. On motion of Alderman Crooker the regular order of business was suspended. Alderman Crooker offered the following resolution,viz: Be it resolved by the City Council of the City of Austin, First. The people of Austin have for several years ;bean promised lower Water and Light rates. Second .The reasons given by the Water,Light and Power Commission for not redu- Resolution endorsing -cing the rates was that the improvements and extensions to the plant had action lower light first to be made. and reducing rates Third. Nearly all of said improvements and extensions have been made and paid Council for;hence there is no good reason why said rates cannot be immediately put in force. Fourth. We therefore heartily approve and endorse the proposed reductions as set out in the Maddox resolution now pending before the Water,Light and Power Comm-ission and set for final action by the Commission at 3o'clock P M April 6th 1909.And further,that we urge the Water,Light and Power Commission to immediate-ly pass said resolution in order that the people who ha ve so patiently paid high rates to bring the plant to an up-to-date condition may enjoy their rights to low water and light rates,to which they,as the owners of the plant,are justly entitled. Fifth. That the City Clerk of this Council be directed to hand to the President of the Water,Light and Power Commission a copy of these resolutions,by 12 o'clock noon April 6,1909. After discussion the resolution was passed by the following vote : Yeas Aldermen Armstrong,Crooker,Cuneo,Haynes ,Meredith,Miller ,Moore,Petri,Redd,S Scott,Smith,Sutor & Wilhelm 13 Nay Alderman Moreland 1 Alderman Haynes for the Finance Committee presented the following report,which was read and adopted. To the Honorable,the Mayor and the City Council of the City of Austin. Gentlemen : Examination We,your Finance Com mittee,beg leave to hand you herewith,as per copy paid list attached ,marked " A ",the following,Viz: First- Refunding bond Coupons,of $ 10.00 each $ 21,800.00 Second -Refunding bond coupons,of $ 20.00 each 131,550.00 X Third -One Water Works and Electric Light coupon 12.50 From previous ( This coupon was due July 1,1896,but was not presented for payment until audit [illegible] 1896 about one year ago,when it was paid ) Fourth- Refunding bonds Nos 155,156,158,169,170,171,172,179,180,414,415,416,417, 418,419,420,421,422,423,424,425,426,427,428,429,1894,1895,and 1896,for $ 500.00 each $ 14,000,00 face value,for which was paid 12,919.99 on March 14,1907,since which time no interest has been paid thereon . Also Refunding bonds Nos 1122,1124,1125 and 1126,for $ 1,000,00 each,or $ 5,000.00 --- Page break --- 238 . . . face value,for which was paid $ 4,526.10 on April 18,1907,since which time no interest has been paid thereon; therefore these bonds have attached and unpaid all coupons falling due on or since July 1,1907,which bonds and their attached coupons X together with the 8764 paid and cancelled,amounting $156,472.50 to $ 153,472.50 as above enumerated,we hand you for verification and distruction,in the presence of your Honorable Body. Respectfully submitted. H L Haynes J M Meredith L M Crooker Finance Committee. On motion the report was adopted, Bonds & Coupons Alderman Moore moved that a Committee be appointed to verify the destroyed XX report and destroy the bonds and coupons presented with same,which motion prevailed and Aldermen Moore Petri,Scott and Redd were appointed as such Committee. On motion the Council took a recess until the Committee was ready to report. The Council was called to order:Alderman Moore for the Special Committee appointed to verify the report of the Finance Committee and and destroy the bonds and coupons,presented the following report,which was read and adopted. 4/5/09 To the Hon F M Maddox,Mayor ,and Board of Aldermen. Gentlemen : We your Special Committee appointed to destroy X $ 19,000.00 worth of Refunding bonds as set out in report of Finance Committee,beg leave to report that we have destroyed same by burning same in the street in presence of entire Council . C W Moore Henry Petri F A Scott W C Redd. On motion the report was adopted. Regular order of business resumed . . On motion the minutes of the last meeting were approved as recorded by the Clerk,without reading . Petitions,Memorials,etc: Pet. Martin for By Alderman Moore ,petition of F & J A Martin for permission to platform erect a platform in front of their Warehouse on East 4th street . Read and motion same was granted. Preece for pay By Alderman Cuneo Petition of F P Preece asking that he be allowed while sick pay as cart driverwhile sick.On motion the petition was granted. By the Mayor petition of R H Luna ,asking remission of fine in the Recorders Court.On motion the petition was granted. By the Mayor petition of Mrs Mary Hall asking that the Council --- Page break --- 239 Mrs. Mary Mill to remit Court Costs in tax suits on property purchased by her and on which To remit Costs in taxes were due by the former owner. Alderman Moore moved that the Costs be remittax suit -ted in one of the cases, provided that she pay all taxes due, and the costs in one of the cases, which motion prevailed by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moore, Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Nay Alderman Moreland 1 By the Mayor petition of Frank Delashmutt asking permission to put up a tempoR Delashmutt to -rary awning in front of his place of business No 602 Congress Avenue . erect temporary On motion the petition was granted. awning By the Mayor petition of Mrs Boschcasking to have certain pound fees refunded. On motion the petition was referred to the Committee on Claims & Accounts. Mrs Bische By The Mayor petition of Mrs Josephine Lockwood asking to have certain pound pound fees. fees refunded. On motion the petition was granted . Mrs Josephine Lockwood pound fees. By The Mayor petition of F H Jones asking correction of Assessment for taxes. F H Jones. Taxes Read and on motion referred to the Committee on Claims & accounts. By the Mayor petition of Mrs A Stromberg asking correction of Assessment of taxes Mrs A Stromberg Read and on motion referred to the Committee on Claims and accounts. Taxes On recommendation of the Mayor the following fines were remitted .viz: Lewis Morris, Wm Davidson, Henry Collins, Dr Ross, Eugene Browne, Geo Plummer, B Sull Fines remitted -ivan, C D Cameron, also pound fee for Mrs Mary Bowling. Reports of City Officers: City Officers The Mayor laid before the Council the reports of the City Clerk and the City Marshal for the month of March 1909, which were on motion referred to their appropriate Committees, without reading. Reports of Standing Committees: Alderman Scott for the Street Committee presented the following report, which was read and adopted: Austin, Texas, April 5, 1909. Hon Mayor and City Council, City of Austin, Texas. Gentlemen : We, your Street Committee, recommend that a contract be made with H C Lensing to fill Rio Grande street in the 'low portion between 28th and 29yh Rio Grande St E streets, at a cost of not over $ 150.00. This is a bad mudhole in wet weather, filling up with in natural soil, and has been the cause of complaint from property owners and mud & dirt residents in that neighborhood for a number of years. This street is used by a good many as a thoroughfare to the Drillgrounds, and the country in that direction, and to a section of the City which is being develop -ed , and where tax rates will increase considerably. No work has been done on this street for many years, and in wet weather it is impassable . The work contemplated involves the movement of about 500 cubic yards of dirt. H C Lensing agrees to do it for 25cents per cubic yard, his figures being the lowest obtained. C F A Scott W C Moore Street Committee. Alderman Cuneo call for a report from the Street Committee on the petition --- Page break --- 240 Chicon street of certain parties to close a street in Gypsy Grove addition,which Gypsy Grove petition was referred to the Street Committee at a former meeting of the Council .Alderman Scott for the Street Committee stated that the Committee was not ready to report.Alderman Cuneo then moved that the Committee be requested to return the petition to the Council and that the Council act upon the petition tonight ,which motion prevailed by the following vote : Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Meredith,Miller,Moore, Moreland,Petri,Redd,Scott,Smith,Sutor & Wilhelm 14 Nays none. Which motion Alderman Crooker moved that the petition be not granted , Which motion prevailed by the following vote : Yeas Alderman Armstrong,Crooker, Cuneo,Haynes,Meredith,Miller,Moore, Moreland,Petri,Redd,Smith,Sutor & Wilhelm 13 Nays Alderman Scott 1 On Motion the City Attorney was excused from farther attendance at this sesion of the Council. On motion Alderman Miller was excused from farther attendance at this session of the Council. Ordinance The Mayor laid before the Council an ordinance abandoning the street Abandonment street of the City of Austin as originally laid out south of and adjoining Out lots Eight (.8 ) and Nine ( 9 ) ,Division " B " of the Government Tract adjoining the City of Austin and North of and adjoining Out lots seven ( 7 ) and Eight ( 8 ) ,Division " A "of the Government Tract of the City of Austin ,and being bounded on the eEast by Canadian street and on the West by Chicon street ,and accepting and establishing in lieu thereof the street now used running in a northeasterly direction from the original street as above described where it intersects Chicon street on the West and continues in such Northeasterly direction until it intersects with its south line a con- tinuation northward of the East line of Outlot Eight ( 8 ) Division " A " one hundred and sixty six and two tenths (166/10)feet from the original northeast corner of sai ' Outlot Eight ( ' ) ,Division"A" 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,Moore,Moreland, Petri,Redd,Scott,Smith,Sutor & Wilhelm 12. Nays none. On Motion Alderman Meredith was excused from farther attendance at t 13. this session By Alderman Haynes an ordinance appropriating the sum appropriation of $ 3407.54/100 dollars 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 Alderman Armstrong,Crooker,Cuneo,Haynes,M oore ,Moreland,Petri, Redd,Scott,Smith,Sutor & Wilhelm 12 Nays none . On motion the Council adjourned until Monday April 12th 1909,at 8 o'clock P M . City Clerk --- Page break --- 241 . Adjourned regular meeting of the City Council. Austin, Texas, April 12th 1909. Hon F M Maddox, Mayor presiding. Roll called. Present Aldermen Armstrong, Croeker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith & Wilhelm Absent Aldermen Meredith & Sutor. 12 Petitions of Mrs E Mullen Pound fee Petitions, Memorials, etc. By Alderman Miller petition of Mrs C Miller asking to have pound fees refunded. On motion the petition was granted. By Alderman Haynes petition of H W Streeter asking pay for services performed under instructions of the Board of Health during the year 1908. The petition was read. Alderman Cuneo moved that the petition be not granted, which motion prevailed. 10th Ward Fire Co. PM. P. Hall A communication from the Officers of the 10th Ward Fire Company asking that an allowance be made in the Budget for 1909, to build a Fire Hall for that Company. The communication was read and on motion was referred to the incoming administration for consideration. Reports by Officers Reports of City Officers: The Mayor laid before the Council the reports of the Treasurer and Sexton for the month of March 1909, which were on motion referred to their appropriate Committees, without reading. Reports of Standing Committees Street ordinance Appro. money to purchase Land of J F Smith Reports of Standing Committees: Alderman Scott for the Street Committee to whom was referred an ordinance appropriating the sum of $ 240.00 to purchase land of J F Smith for street purposes presented a report recommending that the ordinance do pass. On motion the report was laid over to come up with the ordinance. Finance - City Assr Rec'd. Alderman Haynes for the Finance Committee to whom was referred the reports of City Assessor & Collector for the months of Jany & Feby 1909 and his annual report for the year 1908, presented a report stating that same had been carefully checked and found correct. On motion the report was adopted. Alderman Haynes for the Finance Committee presented the following report. Austin, Texas, April 5th 1909. To the Hon F M Maddox, Mayor and Board of Aldermen City of Austin.: Gentlemen: Finance Committee Uncollected. Your Committee on Finance beg leave to report that we have checked the lists of uncollected taxes for the year 1907, as per credit sheets of the Assessor & Collector herewith and find same correct, and have recommended that the City Clerk be instructed to credit the Assessor and Collector with amount uncollected for the year 1907, on date of February 1st 1909. On motion the report of the Committee was adopted. Alderman Haynes for the Finance Committee to whom was referred the reports of the Treasurer for the months of Decr 1908, and for Jany & Feby 1909, and those of City Clerk for the months of Jany & Feby 1909, presented a report stating that they had been checked and found correct. On motion the report was adopted. At 2nd Mtg. Comm. on Claims, etc. Alderman Petri for the Claims and Accounts Committee to whom was referred the petitions of W F Hankey, Robt Sledge & Moore & Morrison, asking to have Pound fees refunded and of A E Schutze, R E Thompse, Elton Perry & Mrs Gaswein for correction of Assessments for taxes, presented reports recommending that the several --- Page break --- 242 Cemetery Comm. V report .petitions be granted.On motion the several reports were adopted Alderman Crooker for the Cemetery Committee to whom was referred the report of the City Sexton for the month of March 1909,presented a report stating that same had been examined and found correct . On motion the report was adopted. Alderman Scott for the Street Committee presented the following, communication and recommendation ,which was read and adopted . Austin,Texas,April 9th 1909. To the Hon Mayor and City Council,City of Austin,Texas. Gentlemen: Street To Name an Un-named Street In the Maas addition to the City of Austin,located north of the Confederate Home ,there is a street running north and South in line with the west boundary of the Confederate Home property , and extending a distance of two blocks ,which,so far as we have been able to find out,has never been named. Toyah Street We,your Street Committee and City Engineer,recommend,therefore, following the practice to name north and south streets after Texas rivers,that this street be named Toyah street,and that name placards be ordered and placed on the street corners. Respectfully submitted, G S Iredell,City Engineer, Approved , Fine Fannie Belle F A Scott,W C Redd ,C W Moore Street Committee remitted On recommendation of the Mayor a fine assessed in the Recorders Court against Fannie Bell,was remitted . The Mayor laid before the following report from the City Clerk. Austin,Texas,April 6th 1909. To the Hon F W Maddox,Mayor and Board of Aldermen, City of Austin,Texas. Gentlemen: City Election report As required by Section 3,Article 3,of the City Charter, I have the honor to report the following as the result of an election held on Monday April 5th 1909,for the purpose of electing a Mayor and four Councilmen for the City of Austin,Texas,for the term ending April 1911,viz: For Mayor,A P Weeldridge received 1665 votes. For Councilmen , E C Bartholomew received 1654 votes D B Gracy received 1665 votes James P Hart received 1655 votes F W Powell received 1656 votes Respectfully submitted Jno O Banson,City Clerk Appropriation for Street purposes Unfinished business: The Mayor laid before the Council an ordinance appropriating the sum of $ 248.80 for the purpose of purchasing certain property for Street purposes from John F Smith.The ordinance was read the second time and a motion made to suspend the rule and place it on its --- Page break --- 243 xzaszazxdixx third reading,which motion was lost by the following vote: Yeas Aldermen Armstrong, Crooker, Cuneo, Miller, Moreland ,Redd, Scott, Smith and Wilhelm 9 Nays Aldermen Haynes, Moore & Petri 3 The Mayor laid before the Council an ordinance appropriating the sum of $17.25 for the purpose of paying the salary of Assistant to City Engineer . The ordinance was read the second time and passed under suspension of the rule by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith & Wilhelm 11 Nay Alderman Armstrong 1 u/ppra. Asst Engineer New Business: By Alderman Crooker an ordinance appropriating the sum of $ 200.00 for the purpose of paying for work in the City Cemetery. The ordinance was read the first time and the rule suspended and the ordinance read the second time by the following vote : appra. work in City Cemetery Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott & Wilhelm & Smith 12 Nays none . Alderman Wilhelm moved to amend the ordinance by striking out in the caption and body of the ordinance " $ 200.00" and inserting in lieu thereof "$ 500.00" which motion was lost by the following vote : Yeas Aldermen Crooker, Cuneo, Moore, Smith & Wilh lm 5 Nays Aldermen Armstrong, Haynes, Miller, Moreland, Petri, Redd & Scott 7 The ordinance was then passed under suspension of the rule by the following vote Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore ,Moreland, Petri, Redd, Scott, Smith & Wilhelm 12 Nays none . Treasurer direct. to Alderman Haynes off ered the following resolution which was read and adopted. transfer funds. Be it resolved by the City Council of the City of Austin: That, the City Treasurer be and is hereby directed to transfer funds from one account to another, as follows, towit: First- From the Street Improvement fund to the Permanent Paving fund , two hundre and fifty ( $ 250.00 )dollar:, same being the amount transferred from the Per-manent Paving fund to the St reet Improvement fund , by resolution dated Novembe 5,1907. Second- From the General fund to the Permanent Paving fund , Four th usand ($4000 dollars, that being the amount transferred from the Permanent Paving fund to the General fund and the City Hall fund, by resolution, dated July 9,1908 and July 20,1908, respectively. Third- From the General fund to the City Hall fund , two hundred , seventy four and ninety eight one-hundredths ($ 274.95) dollars, that being the amount of over -draft on the City Hall fund. Fourth-The two hundred and fifty ($250.00) dollars transferred to the Street Impro -ment fund on November 5,1907, was for the improvement of 27th street-Dr Samp-son and other Citizenspaying five hundred dollars additional on said street improvement. --- Page break --- Re solution attaching accounts have been filed, and The Water,Light & Commission --- Page break --- 215 1904 . $ 8,548.00 1905 8,745.00 1906 8,850.00 1907 8,850.00 1908 8,850.00 1909 2212.00 to April 1. . Total For arc Lights: $ 65,599.50 1901 $ 2,726.33 1902 13,309.35 1903 14,100.00 1904 11,907.68 1905 14,100.00 1906 14,100.00 1907 14,100.00 1908 14,100.00 1909 3,525.00 to April 1. Total $ 101,988.51 For Incandescent Lights: 1901 $ 344.87 1902 782.90 1903 783.60 1904 913.80 1905 921.60 1906 921.60 1907 921.60 1908 921.60 1909 230.40 to April 1. Total $ 6,741.97,or A grand total of $ 174,329.98 as shown by the books of the Water, Light and Power Commission,from which deduct the cash payments aggregating the sum of $ 35,793.57,leaves due by the City to the Water, Light and Power Commission,an amount of $ 137,536.41:and, Whereas,At the time,to-wit: October1,1901,when the negotiations to purchase were going on ,nor at any time since,the City was then and is now unable to pay to the Water,Light and Power Commission out of her general revenues the annual charges of $ 21,303,that being the average since 1903 for water,light and power and also annually pay out of the same fund the sum of $22,500.00 to the Trustee for the properties in his charge ,and in liquidation of the Judge-ments held by said Trustee against the City;and, Whereas the City was then and had for ten years before been litigating with the owners of the property represented by the Trustee,which litigation was both vexatious and expensive,thus making it very important to consumate the trade: and, Whereas, the property controlled by said Trustee being a valuable acquisition to the Water,Light and Power plant of the City,and it being expedient for the best interests of the City that said vexatious and expensive litigation be forever ended ,it was,therefore,verbally agreed by and between the City Officials and a majority of the then Water,Light and Power Commission ,that the purchase was --- Page break --- 246 advisable and should be consummated,and that the annual payments of $ 22,500.00 therefor should be deducted from the annual charges to be paid out of the general revenuexs to the Water,Light and Power Commission for water,light and power for public use,which was accordingly done . Since April,1903,the City has paid seven annual installments of $ 22,500.00 each ,on the purchase price of said property,or a total sum of $ 157,500.00,and during the same period of time the Water, Light and Power Commission has made annual charges against the City, as per rates fixed by said Commission,for water,light and power, amounting to $ 174,329.98 . .up to April 1,1909,from which amount deduct $ 36,793.57 ,credits and payments made by the City,leaves $ 137,536.41, shown by the books of the Water,Light and Power Commission to be due and unpaid by the City;but as the City has paid on the purchase price from the Trustee,as above recited,seven annual installments,amounting to a total of $ 157,500.00,of which $105,917.41,has been applied to the payment of the judgement and the purchase debt and $ 51,583.39has has been paid as interest on same,showing the full payment of the $54,85 26,six per cent judgement ,and payment of all interest up to April 1, 1909,and $ 21,086116on the principal of the $ 179,418.75,purchase debt, leaving $ 158,332.59,yet to be paid out of the general revenue of the City,in annual payments of $ 22,500.00 each,as provided in said Judge-ment; and, Whereas,the $ 84,831.25 Judgement for water rentals and interest,accordig to the contractbetween the City and the City Water Company had to be pad out of the general revenues of the City; and, Whereas, the Water,Light and Power Commission has paid of the $ 157, 500.00,the sum of $ 137,536.41,or within $ 19,963.59,or the total pay-ment s; and, Whereas,it is desired to adjust this matterbetween the City and the Water,Light and Power Commission,in order that the property purchased shall be vested as far as possible in the proper branch of the City government,and in order that the books of both may be properly credited and charged; NOW,THEREFORE BE IT RESOLVEDby the Water,Light and Power Commissioner the City of Austin,Texas,the City Council agreeing hereto and concur-ring herein,that the Water,Light and Power Commission take over for the use and benefit of the City,and as a part of,or addition to the City's water,light and power plant,all of the property acquired by the purchase from J W Hamer,Trustee,and also all real estate,as set out in the deed of conveyance to the City by Joseph Nalle,Receiver,dated August 17,1902,recorded in Deed Records of Travis County,Texas,in book No 183,page 11,except lot No five (5),in out lot No forty four(44) Division "B",containing about one acre of land,and known as the "Reservoir)"block,and in consideration of the conveyance to said Water, Light and Power Commission of said property,the City shall in the future as in the past,continue to make the annual payments of $ 22,500.00to the said Trustee,until the judgement shall have been wholly discharged, --- Page break --- 247 . out of the annual charges of the Water, Light and Power Commission, and their successors in Office, against the City for water, light and power for public use, the residue of said annual charges for public service to be paid to said Commission and their successors in Office, annually, on April first of each year. And further, owing to the fact that the Water, Light and Power Commission has paid all of the $84, 831.25 that would have been collected underthe Judgement out of the general revenues of the City; therefore, BE IT RESOLVED that ,in consideration of said payments by the Water, Light and Power Commission from its funds ,that the $19,953.59, apparently a balance against said Commission, when charged with the $ 157,500.00, shall be considered satisfied by the City, and in consideration of the acceptance by ordinance or resolution , or approval of this resolution by the City Council, so as to vest title as far as possible in the Water, Light and Power Commission, and its successors, for the use of the City, to all property, except lot No five (5), Out lot No forty four (44), Division "B" of the City of Austin, Texas, acquired by the City from J W Hamer, Trustee, and Joseph Nalle, Receiver, this resolution shall become effective when approved by the Water, Light and Power Commission, and the City Council. Approved by the Water, Light and Power Commission, in adjourned regular session this 8th day of April, A D 1909. J P Schneider , President Water, Light and Attest , Power Commission. John Howland Secretary Water, Light and Power Com. Approved by the City Council ,in adjourned regular session, this 12th day of April, A D 1909 Attest Jno O Johnson, P M Maddox, Mayor. City Clerk. On motion Aldermen Moore & Smith were excused from further attendance at this session of the Council. Old reservoir Alderman Scott offered the following resolution, which was read and adopted. designated as Resolved, That the property known as "the old Water & Power Co. reservoir" is hereby set Park apart and donated for a public Park, and to be known as "Reservoir Park" By Alderman Haynes an ordinance appropriating the sum of $ 110.00 for the purpose of paying expenses of election held April 5th 1909. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moreland, Petri, Reed, Scott, & Wilhelm 10 Nays none. [illegible] [illegible] By Alderman Scott an ordinance appropriating the sum of $ 550.00 for the purpose of paying weekly pay rolls street Dept . The ordinance was read the first time and passed under suspension of the rules by the following vote: Yeas Aldermen Armstrong, Crooker , Cuneo, Haynes, Miller, Moreland, Petri, Reed, Scott, & Wilhelm 10 Nays none. [illegible] By Alderman Scott an ordinance appropriating the sum of $150.00 for the purpose [illegible] of paying for street work on Rio Grande street . --- Page break --- 245 . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Miller,Moreland,Petri, Redd,Scott & Wilhelm 10 Nays none. A. ord. repairing Sts. around Austin Fire Hall By Alderman Redd an ordinance appropriating the sum of $35.00 for the purpose of repairing streets around South Austin Fire 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,Miller,Moreland,Petri, Redd,Scott & Wilhelm 10 Nays none. Salary Asst. City Engineer By Alderman Scott an ordinance appropriating the sum of $31.32 for the purpose of paying salary of Assistant to City Engineer . The ordinance was read the first time and passed under suspension of the rule sby the following vote: Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Miller,Moreland,Petri, Redd,Scott & Wilhelm 10 Nays none. Admn. Fire Pins By Alderman Scott an ordinance appropriating the sum of $ 15.00 for the purpose of paying bill of Smith & Bulian for pipe pins. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Miller,Moreland,Petri, Redd,Scott & Wilhelm 10 Nays none. Admn. approved accounts By Alderman Haynes an : ordinance appropriating the sum of $315.29 for the purpose of paying approved accounts .The ordinance was read the first time and on motion the rule was suspended and the ordinance placed on its second reading by the following vote : Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Miller,Moreland, Petri,Redd,Scott & Wilhelm 10 Nays none. The ordinance w. read the second time.Alderman Crooker moved to amend same by adding "For W D Hankey pound fees refunded$5.00for Moore & Morrison pound fees refunded $2.00for Robt Sledge for pound fees refunded $ 2.00for Mrs C Miller pound fees refunded$2.00 which motion prevailed,and the ordinance as amended was passed under suspension of the rule by the following vote : Yeas Alderman Armstrong,Crooker,Cuneo,Haynes,Miller,Moreland, Petri.,Redd,Scott & Wilhelm 10 Nays none. Admn. approved accts. st. dept. By Alderman Scott an ordinance appropriating the sum of $ 552.80 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 Armstrong,Crooker , Cuneo,Haynes,Miller,Moreland,Petri,Redd,Scott & Wilhelm 10 Nays none. --- Page break --- 249 .Alderman Armstrong moved that the Council refer back to petitions,and allow him to present a petition ,which motion prevailed. By Alderman Armstrong petition of W F Hanke asking that the Council remit certain pound fees against him .On motion the petition was granted Alderman Cuneo moved that the Council stand adjourned untin 9 oclock,P M Satur-day April 17th 1909,which motion prevailed. Jno. F. Litman City Clerk. --- Page break --- 250 Ad journed regular meeting of the City Council Austin ,Texas,April 17th 1909: Roll called: Hon P Maddox,Mayor presiding: Roll called : Present Aldermen Armstrong,Crooker,Cuneo,Haynes,Miller,Moore, Moreland,Petri,Redd,Scott,Smith & Wilhelm Absent Aldermen Meredith '& Suter Alderman Crooker moved that the Mayor be allowed until Monday April 17th 1909,At 7 oclock,P M in which to file his report,which motion prevailed. On motion Mayor Maddox was excused from farther attendance at this session of the Council. Petitions c.c. Petitions,Memorials,etc: The Mayor laid before the Council an invitation from the Austin Invitation to Sept of Abrie Corporation w Fire Dept Fire Dept inviting the Mayor and Aldermen to attend its annual fes-tivities to be held April 21st 1909,in commemoration of the battle of San Jacinto,which was read and accepted. J B Nitsche refund fee. By Alderman Petri petition of J B Nitschke asking to have pound fee refunded,which was read and on motion the petition was granted. Reports of Standing Committees: Alderman Scott for the Street Committee to whom was referred the Report Com Street on 4th to open 4th Street petition of Citizens asking to have 4th street opened,presented a report recommending that [illegible] the street be opened.On motion the report was adopted. Petri for Admintory Com Alderman Petri for the Committee on Claims and Accounts to whom was referred the petition of Mrs A Stromberg asking correction of Assessment for taxes for the year 1905,presented a report recom-mending that the petition be granted.On motion the report was adopta and the Assessor and Collector directed to make the necessary correction. Petri Claims Acct Com. F H Jones Land Alderman Petri for the Claims and Accounts Committee to whom was referred the petition of F H Jones asking correction of Assessment f for the year 1905,presented a report recommending that the peti-tion be granted.On motion the report was adopted .On motion the report was adopted. New business: Alderman Petri moved that the Council reconsider the vote by which Ord. in Said Smith Land for Street purposes it refused to suspend the rule and place on its second reading an ordinance appropriating the sum of $ 240.00 for the purpose of purchasing from J F Smith land for street purposes,which motion prevailed.A motion was then made to suspend the rule and place on its its third reading an ordinance appropriating the sum of $ 240.00 for the purpose of purchasing certain property for street purposes from J F Smith,which motion preva iled by the following vote : Yeas Aldermen Armstrong,Crooker,Cuneo,Haynes,Miller,Moore,Moreland, Petri,Redd,Scott,Smith & Wilhelm Nays none The ordinance was then read the third time and passed by the following vote : --- Page break --- 251 . Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith & Wilhelm Nays none. 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 be and he is hereby directed to transfer from the General fund to the Permanent Paving fund the sum of $ 3000.00, being amount transferred from the permanent Paving fund to the General fund by resolution dated on the 2nd day of September 1907. By Alderman Haynes an ordinance appropriating the sum of $159.10, 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 Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland , Petri, Redd, Scott, Smith & Wilhelm Nays none. By Alderman Scott an ordinance appropriating the sum of $ 34.55 for the purpose of paying salary of Assistant to City Engineer. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith & Wilhelm Nays none . The Mayor laid before the Council a statement from Assessor & Collector Strezing in regard to a mistake in the Assessment of the Austin National Bank for the year 1906, which was read and on .motion was referred to the Committee on Claims and Accounts, with request to report at an adjourned regular meeting to be held on Monday April 19th 1909. On motion of Alderman Cuneo the Council adjourned until 7 oclock P M Monday April 19th 1909. Jno C. Town City Clerk. --- Page break --- 252 Ex. A. Claim Austin Nat'l Bank, Taxes Adjourned Regular meeting of the City Council, Austin, Texas, April 19th 1909 7 P M Hon W L Haynes, President of the Council, Presiding: Roll called: Present Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 12 Absent Aldermen Cuneo & Meredith 2 Alderman Petri for the Claims & Accounts Committee, to whom was referred the claim of the Austin National Bank for refund of taxes illegally assessed, presented a report recommending that the petition be granted and the claim allowed. On motion the report was adopted. By Alderman Petri an ordinance appropriating the sum of $ 87.74 for the purpose of paying back to the Austin National Bank of the City of Austin, Texas, taxes erroneously collected by the City of Austin. The ordinance was read the first time and passed by the following vote: Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Nays none. Revised Ordinances adopted By Alderman Moreland An ordinance to adopt and establish the Revised Ordinances of the City of Austin. The ordinance was read the first time and passed under sus-pension of the rules by the following vote: Yeas Aldermen Armstrong, Crooker, Cuneo, Haynes, Miller, Moore, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Nays none. Alderman Redd offered the following resolution, which was was read and adopted. To the Hon F M Maddox, Mayor and City Council of the City of Austin. We your Fire Committee to whom was referred the testing of re Fire Committee Report Fire Hose, beg leave to report, that we, together with the Fire Chief tested said Hose, and that purchased W H Richardson & Son and F Heierman & Bro, stood the test, we having tested two sections of each and we recommend that the same be accepted. That purchased of Walter Tips, as agent, after testing one sec-tion, busted, and said agent having refused further testing, we theref -fore recommend that said hose be not accepted as hose would not stand pressure as guaranteed. We further recommend that 1000 feet of hose be purchased of W H Richardson & Son, and 1000 feet of hose be purchased of Frank Heierman & Bro, said firms agreeing to furnish hose at same price and guaranteed as the first hose was purchased. On motion of Alderman Crooker the Council stood adjourned. [illegible] City Clerk.