352 .Regular meeting of the City Council of the City of Austin,Texas , Austin,Texas,August 12, 1909. Hon A P Wooldridge,Mayor ,presiding: Roll called : Present Mayor Wooldridge,Councilmen Bartholomew,Gracy & Powell 4 Absent,excused Councilman Hart 1 The Minutes of the last regular meeting were read and approved. Petitions,memorials,etc: Petition Citizens Hyde Park To Drain Ney Lake. By Councilman Gracy petition of Citizens of, Hyde Park asking to have the Dam of the Lake ,known as the Ney Lake ,removed and the Lake drained,etc, which was read and on motion referred to Mayor Wooldridge,Actig as Supt Police and Public Safety,by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy & Powell 4 Nays none. Petition Citizens Street Works 4th Street By Councilman Gracy petition of Citizens.calling attention to the condi-tion of Fourth street and asking relief .The petition was read and on motion was referred to Councilman Powell for investigation and report by the following vote: Yeas MayorWooldridge,Councilmen Bartholomew,Gracy & Powell 4 Nays none. Reports of City Officers : Report of City Treasurer The Mayor laid before the Council the report of the City Treasurer for the month of July 1909,which was read and on motion referred to Councilman Gracy. Report Plumbing Inspection The Mayor laid before the Council the report of the Plumbing Inspector for the month of July 1909,which was read and referred to the acting Supt of Police. and Public Safety,by the following vote : Mayor Wooldridge,Councilmen Bartholomew,Gracy & Powell 4 Nays none. Report Engineer The Mayor laid before the Council a supplimental report from the City Engineer for the month of July 1909,which was read and referred to Councilman Powell.by the folowing vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy, & Powell 4 Nays none. Unfinished business : Per Diem Board Equalization The Mayor laid before the Council an ordinance appropriating the sum of $ 900.00 for the purpose of paying the Per Diem of the Board of Equal-ization.The ordinance was read the third time and passed by the follow- -ing vote : Yeas Mayor Wooldridge,Councilmen Bartholomew ,Gracy & Powell 4 Nays none. Salaries regular Employees Sanitary Dept The Mayor laid before the Council an ordinance appropriating the sum of $ 2350.00 for the purpose of paying the salaries of Regular Employ-ees of the Sanitary Dept for the year 1909. The ordinance was read the third time and passed by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy & Powell 4 Salaries Officers & Employees Nays none.The Mayor laid before the Council an ordinance appropriating the sum of $ 25,000.00 for the purpose of paying salaries of Officers and Employees for the year 1909. --- Page break --- 353 . The ordinance was read the third time and passed by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Gracy & Powell 4 Nays none. appn for Way thro’t Dept The Mayor laid before the Council an ordinance appropriating the sum of $ 162.00 for the purpose of paying for Wagen for street, ept.The ordinance was read the third time and passed by the following vote: Yeas Mayor Wooldridge, Councilmen Barthelemew,Gracy & Powell 4 Nays none. New business: The City Attorney submitted the following opinion,which was read and ordered filed Austin,Texas,August 12th 1909. The Honorable City Council, Austin,Texas. Gentlemen: Opinion by Attorney on taxes. Some time ago Dr T R Sampson addressed me a communication,inquiring whether the property of the Austin Presbyterian Theological Seminary ,situated in Block 14 and 15 ,Out Lot 11 Division "D ",in the City of Austin,is subject to taxation. I find that on certain lots in Block 14,is situated a School building,which is used exclusively for School purposes.On other certain lots and across a street,80 feet in width from said School building,is a dormitory,used to accom-modate the Students who may attend this Seminary,and so far as I am able to ascertain,is used for no other purpose.East of this dormitory building,and across another street,situated on lot 11,Block 15,Out lot 11,in said Division ,are four residences ,three of which are now occupied,and the fourth will be occupied ,so Ia am informed ,by members of the Faculty of the Seminary and their families. The Constitution and Statutes of the State exempt buildings owned by persons and used exclusively for school purposes from taxation.But in R ed vs Johnson,,53 Texs 284,it is held that a school houseused and occupied for a boarding school,and in which the owner resideswith his family,is not exempt from taxation.The rule announced in this casehas never been disturbed,and is followed in San Antonio vs Sealley,57VS W.688,decided in 1900,in which case the Court held that a building, in which plaintiff conducted a school and in which he resided with his family, is not used exclusively for school purposesand therefore is not exempt from taxation. It would seem to me therefore,and it is my opinion,that the school buildi of the Seminary ,which is used exclusively for school purposes,and the dormitory, which is a necessary adjunct to said building for said purposes,and the grounds on which they are situated,are exempt from taxation;but it also my opinion,that the buildings occupied and used by members of the faculty and their families for residences ,and the lots on which they are situated,are subject to taxation. Very respectfully yours, J Bouldin Rector,City Attorney. On motion the opinion was ordered filed. The Mayor laid before the Council a communication from, D F Kellher,Cashier of the Water and Light Dept,in reply to the report of Mr Milton Morris,as auditor which was read and laid over for future consideration. The Mayor read to the Council a communication from Mr R C Brooksupon which no --- Page break --- Helen Bramlett placed on regular Pay Roll Hospital City Attorney To Notify Property owners on [illegible] to Pave Ben R Wright Confirmed as Cashier Water & Light Dept Jno S Ward Confirmed Chief Book- -Keeper W&L Dept E S Hutchings Confirmed Asst Book- -Keeper W&L Dept H W Heierman Confirmed Store-Keeper W & L Dept Pat Cain Confirmed Foreman Pipe laying Dept W&L Dept Geo Fiegel Confirmed Foreman Electrical lines W&L Dept Walter Johnson Confirmed Chief Engineer W&L Dept P J O'Kane Confirmed Keeper Market Square W&L Dept --- Page break --- 356 W H Maddox & Walter Eyres Confirmed Meter readers. Councilman Bartholomew nominated W H Maddox and Walter Eyres to be meter readers,which nominations were confirmedby the following vote: Mayor Wooldridge,Councilmen Gracy,Hart & Powell 4 Nays none. W H Harrison Comf`d Councilman Bartholomew nominated for Janitor for the City Janitor City Hall Hall W H Harrison,which nomination was conf irmed by the following voe Yeas Mayor Wooldridge,Councilmen Gracy,Hart & Powell 4 nays none. Salary City Clerk Mayor Wooldridge moved that the salary of the City Clerk fixed at $125.00 per be fixed at $ 125.00 per month ,from and after Sept 1st 1909,which month motion prevailed by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy ,Hart & Powell 5 Nays none. On motion the Council recessed subject to call of the Mayor. Tuesday August 17th 1909. The Council was called to order by the Mayor,with all members present. Bids for wheels for Councilman Hart submitted bids for new wheels for Austin Hook and Auto L Q. & Contract Ladder Co.,as follows ,viz: Awarded to Seagraves Co. Joseph Stumpf $ 135.00 Seagraves Co 142.00 On motion the contract was awarded to the Seagraves Co.by the followand Powell 5 .Nays none. -ing vote: Yeas Mayor Wooldridge,Councilmen Bartholomew Gracy ,Hart Bids for Painting roof Councilman Hart then submitted bids for Painting the roof of the City of City Hospital Hospital ,which were opened and read and on motion laid over to a future meeting for further investigation On motion the Council adjourned. Jno. O. Johnson City Clerk.