119 .Regular meeting of the City Council: Austin, Texas, Feby 1st 1912. The Council was called to order by the Mayor: Roll called: Present Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Absent none. The minutes of the last regular and subsequent recessed meetings were read and adopted. Representatives from the different Fire Companies appeared before the Council and discussed the Ordinance now before the Council ,to submit to the voters of the City a proposition to change the pre sent Volunteer Fire Co.nto a paid Department. After discussing the matter for some time, the Council recessed until this P M. Feby 1st 1912. P M. The Council was called to order by the Mayor with all members present. Councilman Hart offered the following resolution : Fines remitted Whereas, it appearing to the City Council that the following named parties were fined in the Corporation Court for maintaining a nuisance on property controlled by them , to-wit: S Fayed ,in the sum of $ 26.90 . J M Mecey ,in the sum of 27.00 Hop Sing,in the sum of 25.00 The Plumbing Inspector reports ( hereto attached ) that the defendents S Fayed and J M Meceyhave cleaned their premises and made sewer connections,and the defendant Hop Singhas cleaned up his premises,and that the nuisances for which they were fined have been abated,and the fines of other persons for the violation of the same ordinance having been remitted ,upon recommendation of the Supt of Police and Public Safety , Be it therefore resolved by the City Council of the City of Austin: That fines and costs against said above named parties be and the same are hereby remitted . Yeas MayorWooldridge was Cadapted by Bartholomew, Hart, Haynes & Powell 5 Nays none. Concilman Powell offered the following resolution : Be is resolved by the City Council of the City of Austin: Grades Grandview St That the permanent grades for Grandview street from the north side of 31st street to the south side of 32nd street ,be and the same are hereby established as follows: The bench mark used was an old tree stumpat the northwest corner of 32nd streetand West Avenue . Assumed elevation 100.00 North side of 31st street 100 Cut 1.6ft 50 feet north of 31st street 99.2 " 1.1" 100 " " 97.7 " 1.0 " 150 " " 95.3 " 0.4 " 200 " " 92.9 unchanged 250 " " 88.9 Fill 0.6 Ft 300 " " 85.5 " 0.6' 350 " " 84.5 unchanged 400 " " 83.1 " South side of 32nd street 81.9 " --- Page break --- 120 . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart, Haynes & Powell 5 Nays none. Councilman Hart presented the following communication: Austin,Texas, Feby 1st 1912. Hon Jas P Hart, Supt Police and Public Safety, Austin,Texas. Dear Sir : It becomes my unpleasant duty to recommend that Officer O H Stacy be relieved from duty, without pay for fifteen days for neglect of duty, the circumstances for which you are familiar. Very resp, C J T Laughlin Chief of Police, Austin,Texas. Approved Jas P Hart, Supt Police and Public Safety. On motion the recommendation was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart, Haynes & Powell 5 Nays none. The Mayor laid before the Council a petition from R M Thomson asking the Council to remit a fine assessed against him in the Re Orders Court ,which petition was granted by the following vote : Yeas Councilmen Bartholomew, Haynes & Powell 3 Nays Mayor Wooldridge & Councilman Hart 2 The Mayor laid before the Council the following resolution : Whereas, it is now becoming an imperitive necessity on the part of the City to to enlarge its Cemetery grounds or purchase additional other grounds suitable for cemetery purposes ; and Whereas it is important for the intelligent action of the Council and the people ,whether the present cemetery grounds are to be enlarged or other grounds purchased ,that full information should be had in the matter;therefrom Be itresolved by the City Council of the City of Austin : That the Mayor be and he is hereby authorized to invite ,by advertisement in the newspapers or otherwise ,proposals from interested persons (1) as to the price of one or two tiers of blocks east of the present cemetery,(2)as to the price and location of other tracts of land adapted and suitably located for cemetery purposes. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart,Haynes & Powell 5 Nays none. The Mayor laid before the Council the following resolution : Whereas the Constitution and laws of the Stateand the Charter and ordinances of this City make it the duty of the City Council upon the occasion of the creation of new City bonds ,and annually thereafter, to levy a tax sufficient to pay the annual interest to accrue on such bonds ,and to create an an nual sinking fund of not less than two per cent of the amount of bonds issued ; any --- Page break --- 121 Whereas in the year 1910 a sufficient tax was levied to pay both the inter-est on the school bonds issued July 1st 1910,and provide a sinking fund of two per cent thereon for the year 1911;and, Whereas sufficient tax was also levied for the year 1911,to pay the interest on said school bonds and provide r a sinking fund of two per cent thereonfor the year 1912; and, Whereas there is in the interest and sinking fund at this time, but not segregated ,more than sufficient to provide the sinking fund of the school bonds for the year 1911 and the present year 1912,which sinking fund is.$1,500.00 annually; therefore, Be it resolved by the City Council of the City of Austin : appro pri purchase bonds. That the sum of three thousand ($3,000.00) dollars,now in the interest and sinking fund of this City,be set apart and kept in tact, but to be increased annually by the sum of $ 1,500.00 ,as sinking fund for the redemption of the $ 75,000.school bonds issued by this City on July 1st 1910. Be it further resolved : That a copy of this resolution be handed to the City Treasurer,in order that the sink-ing fund of this City for the redemption of the school bonds may be kept apart from the other general interest and sinking fund of the City. The resolution was adopted by the following vote : Yeas Mayor Woolbridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. The Mayor laid before the Council the following resolution : Whereas, the owners of the warrants enumerated beloware either indebted to the City of Warrants Cancelled Austin,or cannot, after dilegent search,be found; therefore; Be it resolved by the City Council of the City of Austin : (1) That the said warrants described belowshall be destroyed by cancellationin the presence of the City Council. (2) That the general fund of the City of Austin take credit by the sum of the warrants so cancelled . Date, Warrant No. To whom issued, Amount 1896. July 13th 23340 Burt McDonald $ 5.00 . Sept 10. 23328 Sonny Johnson .50 1898. July 11th 26153 Link Hankins .50 " " .26162 J R Casbeer 2.00 1899 Jany 17th 26975 Rufus Wilkerson .25 1900. July 10, 30178 Thos Carter .25 1902. Dec17. .33466 Sam Wilson .50 1903. April 23 33915 Mutual Shoe Co 6.00 1905. Sept 20. 37362 Mrs Vogle 4.50 " " 33369 Mrs Hunter .50 " " 37389 Mrs Mary Hurt 1.00 Dec 7. 22428 Joe Ahart .50 " 20. Chapman Grocery Co 1.50 --- Page break --- 122 1906. July 17. 38660 1907. Feb 4. 24195 Dec 17, 40936. 1908. Mar 20. 41369 April 9 41466 Nov 17. 42474 Mrs Leah Flournoy $ 2.00 Bob Roberts .50 S W Scott .50 Red Front Grocery Store 2.45 . " " 6.05 Frank Foster 19.70 Total - 54.20 Fire dept ordinance The Mayor laid before the Council an ordinance concerning the submission to the qualified voters of the City of Austin of the proposition as to whether or not the Fire Department shall be changed from a Volunteer to a Paid Dept The ordinance was read the third time,and placed upon its final passage. The ordinance was lost by the following vote : Ayes Mayor Wooldridge, Councilman Hart 2 Nays Councilmen Bartholomew, Haynes & Powell 3 Councilman Bartholomew submitted the following reason for his vote and asked that it be spread upon the minutes: I vote against the proposition to consider a change in the Fire Dept,from volunteer to pay department for these reasons. 1st A pay department will necessarily increase the expense of the Fire Dept 2nd. The volunteer dept of this City is very efficient.I know of none better. The companies have expressed themselves satisfied with existing conditions and that they wish no additional paid firemen . All but two companies have voted to dissolve their organization in case the City adopts their companies any additional paid men 3rd. An the present volunteer department is efficient ;the fire companies are willing and prefer to remain volunteer ,and to make a change the expense to the City will eventually be great. I believe in letting well enough alone. E O Bartholomew. Councilmen Haynes and Powell presented the following reasons for their vote: Our reasons for voting against the resolution of placing before the people of Austin the question of changing the volunteer fire dept of Austin to a pay department is that we do not believe the City is prepared to take care of a fully paid department at this time,and for other reasons we do not believe it advisable to make such change at this time. H L Haynes. P W Powell. The Council then recessed subject to call. --- Page break --- 123 Saturday Faby 3rd 1911. The Council was called to order by the Mayor with all members present. Councilman Hart offered the following resolution : Be it resolved by the City Council of the City of Austin : That the City Clerk is hereby authorized and directed to draw warrants against the General fund in the amount of $ 50.00 for each of the seven fire companies of the City of Austin, and $ 60.00 for Hook & Ladder Co No 1 .This authorization is intended to be temporary authorization until the head of the Dept of Police and Public Safety can re-adjust his budget of the fire companies of the City for the current year. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart ,Haynes & Powell 5 Nays none. Councilman Bartholomew presented the following communication and nominations,viz Hon City Council ,City of Austin, Texas. Gentlemen : I have the honor to nominate as a co-operative committee ,with myself,in the administration of the outside affairs of the City Cemetery. Messrs Thos B Cochran, Earnest Nalle,and Jno W Robbins,and Mrs J H Collett, Mrs W W Mills, and Miss Lillie Robertsenand Mrs Mary H Mitchell and respectfully ask the confirmation of these nominees at your hands, Respectfully , E C Bartholomew ,Supt. The Nominations were confirmed by the following vote : Yeas Mayor Wooldridge, Councilmen Hart, Haynes & Powell 4 Not voting Councilman Bartholomew 1 The Council then recessed subject to call . Change in Budget Cemetery Co-operative Comm approved Tuesday Feby 6th 1912. The Council was called to order by the Mayor with all members present. The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin : (1) That the budget of the Mayor for the Water,Light and Power department of this City for the year 1912,and exhibiting receipts and recommended expenditures in the amount of $ 351,827.39, be and the same is hereby approved. (2) That the appropriations in said budget recommended by the Mayor be and the same are hereby made. The resolution was read and laid over for one week. The Mayor laid before the Council the following resolution : Whereas, on the 5th day of January,A D 1910, J W Graham filed a certain plat for record in the office of the County Clerk of Travis County ,Texas, which said plat is recorded in the plat records of Travis Co unty,Texas, in book No 2 page 191.; and, Whereas,said plat purports to dedicate a certain strip of land as a street,same being a continuation westwadly of twenty-eighth street from its intersection with San Pedro street to the east line of snorth extension of San Gabriel street and lying between Outlots 65 and 66 ,Division "D" of the City of Austin;and, Budget w+[illegible] 1912 --- Page break --- 124 . Whereas, it has been repre sented that said plat has been in the possession of J W Graham for over thirty years,during which time same has not been recorded until the date above named,and during which time the said strip of land shown on said plat has not in any part been used as a street,and same is not now used as a street;and, Whereas, it has been satisfactorily shown that it was not the intention of said said J W Graham in filing said plat to dedicate said strip of landto be used as a street,but that said plat was filed solelyfor the purpose of cor-recting a certain error in the description of certain property situated in OutLot 64;Division "O" of the City of Austin,which said property is not abutting upon nor contiguous to said strip of land; and, Whereas, it would be wholly impracticable to use said strip of land as a stre streetand the opening of same for such purpose swould result in no public benefit,on account of the fact that west of San Pedro street and running thr through said strip of land there is a high bluff marking the east boundery of certain bottom land lying on the east banks of Shoal creek, a portion of which is contained in said streap,which bottom land is about forty or fifty feet below the land lying immediately east of same contained in said strip;anl Whereas, in order to improve said strip of land that same may be put in proper condition for trafficand to maintain same as a street, would necessi-tate the expenditure of a large sum of money on the part of the City of Austin: Therefore in consideration of the premises, Be it resolved by the City Council of the City of Austin : That the said strip of land hereinabove described be vacated as a street, and that the dedication thereof ,if any, for such purpose be and the same is hereby refused,and the Mayor be and he is hereby authorized and instruct-ed to execute and deliver to said J W Graham an acquittance of whatever right title and interest the City of Austin may have acquired in and to the above described strip of land,by and on account of the acts of said J W Graham in recording said plat. Approved , J Bouldin Rector, City Attorney. The resolution was passed by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart, Haynes & Powell 5 Nays none. The Council then recessed subject to call. Street Vacated + Closed Wednesday Feby 7th 1912. The Council was called to order by the Mayor with all members present. Councilman Hart offered the following resolution : Whereas,it appearing to the Council that one Geo Washington( colored )was fined in the Corporation Courtupon complaint of cruelty to animals in the sum of $ 25.40,being the amount of fine and costsadjudged against him in said Court-the real cruelty being the working of a horse that was in a very poor condition.The man having ceased to work the horse and pledging himself to feed well and give good treatment ,and being a poor man ,the Supt of Police and Public Safety recommends that twenty dollars of said fine be remitted : Be it therefore resolved by the City Council of the City of Austin Geo Washington fine remitted --- Page break --- 125 that $ 20.00 of said fine be and the same is hereby remitted,and the money still being in the hands of the Clerk of the Corporation Court,he is hereby authorized and directed to pay to said Washington the said amount of $ 20.00. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart, Haynes & Powell 5 Nays none. The Mayor laid before the Council the following resolution : Whereas, the Public Free Schools of the City of Austin are the sole owners and occupants of the entire Block known as the High School Block in this City;and situated between East 9th and East 10th streets,in this City; and, High School authorized to use part of street Whereas, the open area upon this block is comparatively small and more area for outdoors recreation and sports is greatly needed upon this block for the students of the High School; and, Whereas, the present surface of this block at its northeast corneris considerably eleva -ted above the adjacent streets, perhaps as much as twenty feet at said northeast corner;and Whereas, to cut down the sidewalk at said northeast corner for its full width would be a very great ,and at the present, a needless expense to the Public Free Schools of this City or the City of Austin ,and the resultant condition not thereby contribute to the necessary width of East tenth street between Trinity and Neches streets; and, Whereas, the Public Free Schools greatly desire to enlarge said High School Block on the north for open air recreation purposes, and especially for the construction of a Greek open air theatre, which they desire to construct in a natural depression upon said High School block on its tenth street side; Now Therefore, by reason of the foregoing causes which the City Council deem sufficient and proper reason for its action herein; Be it resolved by the City Council of the City of Austin : That permission be and is hereby granted to the Officials of the Public Free Schools to construct and maintain a retaining wall ten feet north of the property line on said High School Block on Tenth street between Trinity and Neches streets; and furtherpermission is granted to said Public Free School Officialsto fill to the top of said retaining wall,if they so desire, so much of the width of said High School Block on the north side as they may wish to fill south of said retaining wall. Be it further resolved : That the permission herein granted is to be deemed a temporary privilege and sub -ject to revocation at any time in the future when this or subsequent City Councils may deem it right and proper to revoke the same. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Hart,Haynes & Powell 4 Absent Councilman Bartholomew 1 Councilman Powell offered the following resolution : Be it resolved by the City Council of the City of Austin : Streets in Christian & Hellman add'n Numbered That numbers be added to the following named streets east of Waller creek in the Christian and Fellman addition to the City of Austin,Texas, so that said streets can be designated by numbers as well as by names. Loomis street shall also be called 19 ½ street,Pease street shall also be called 20th street. Pelham street shall also be called 20 ½ street,Hamilton street shall also be called 21st street,Hancock street shall also be called 22nd street,Glasscock street shall also be called 22rd street,Bremond street shall also be called 23 ½ streetand Dietrich street shall also be called 24th street. --- Page break --- 126 . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Hart, Haynes & Powell Absent Councilman Bartholomew 1 The Council then adjourned . 4 Jno. O. Johnson City Clerk