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Austin's Segregated Cemetery & Gas Station Deal

Thursday, January 28, 1926 regular
  • Evergreen Colored Cemetery:

    A new fund was created, and $1,000 was allocated for the "Evergreen Colored Cemetery," with the appointment of Wiley Jones as Sexton, reflecting the era's segregated practices.
  • New Gas Station Lease:

    A narrow strip of city land on East 11th Street was leased for three years at $12 annually to G. S. Hamby for the development of a gasoline filling station.
  • Utility Infrastructure Investment:

    The city authorized the purchase of two properties from Carl T. Widen for a total of $9,500 to expand the Water, Light & Power Department.
  • Meat Ordinance Protest:

    A committee appeared before the council to protest a proposed meat ordinance, leading to a discussion and the council taking the matter under advisement.

Full Transcript

REGULAR MEETING OF THE CITY COUNCIL: 515 W Austin, Texas, January 28,1926. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; abaent, Councilman Nolen. The Minutes of the last meeting were read and Councilman Haynes moved that same be adopted. Motion prevailed by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. Councilman Haynes introduced the following resolution: WHEREAS, there is situated on East 11th Street, between the rock store building located at the Northeast corner of the intersection of said Street with Red River Street, and Waller Creek, which creek intersects East 11th Street a few feet east of said street intersection, a narrow strip of ground, which was originally platted as part of said East 11th Street; and WHEREAS, said strip of ground cannot be used for either street, side-walk or other public_purpose, on account of the precipitous bluff, which is the westerly bank of said creek; and WHEREAS, G. S. Hamby has proposed to lease said strip of ground for the purpose of erecting thereon apparatus used in connection with a gasoline filling station, for the term of three years at $12.00 per year; and WHEREAS, it is deemed advisable that the City should accept such proposition, subject to the following conditions; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Mayor be and he is hereby authorized, on behalf of the City of Austin, to enter into a contract of lease with said G. S. Hamby of said strip of ground for the term of three years at $12.00 per year, payable annually in advance; provided, however, if it should during the term of said lease become possible to employ said strip of ground for any public purpose, said lease may be terminated by the City upon refunding to said Hamby any unearned portion of the lease money paid by him. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. Councilman Nolen entered the Council Chember. A committee composed of T. H. McGregor, W. T. Williams, and R. E. White, et al. appeared before the Council and protested against the adoption of the proposed meat ordinance. After a lengthy discussion of same, the Council took the matter under advisement. The Council then recessed. AFTERNOON SESSION: The Council met with the following members present; Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; absent, Councilman Nolen. Councilman Avery introduced the following resolution: WHEREAS, the City of Austin has heretofore entered into contract for the purchase from CARL T. WIDEN of the hereinafter described property, upon the terms hereinafter stated, subject to the examination of title by the City Attorney; and 516 ! WHEREAS, the City Attorney has reported that good and merchantable title to said property vests at this time in said Carl T. Widen; and WHEREAS, said Carl T. Widen has tendered his warranty deed to the City of Austin, conveying said property, towit, Lot 1, in Block 23, in the City of Austin, Travis County, Texas, according to the map of the City of Austin, filed in the General Land Office of the State of Texas; and WHEREAS, it is contemplated that said property will be used in connection with the Water, Light & Power Department of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the sum of $1500.00 be and the same is hereby appropriated out of the earnings fund of the Water, Light & Power Department for the purpose of making cash payment as recited in said deed, and that a warrant be issued therefor, payable out of said fund to the order of said Carl T. Widen and delivered to him together with the hereinafter mentioned note, upon delivery by him to the City of said warranty deed, BE IT RESOLVED further, that the Mayor be and he is hereby authorized and directed to execute on behalf of the City of Austin a promissory note for $5000.00, payable to said Carl T. Widen on December 31, 1926, and secured by the vendor's lien on said property, and to deliver same to the said Widen as the balance of the consideration to be paid by the City for said property. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. Councilman Avery introduced the following resolution: WHEREAS, the CITY OF AUSTIN has heretofore entered into contract for the purchase from CARL T. WIDEN of the hereinafter described property, upon the terms hereinafter stated, subject to the examination of title by the City Attorney; and WHEREAS, the City Attorney has reported that good and merchantable title to said property vests at this time in said Carl T. Widen; and WHEREAS, said Carl T. Widen has tendered his warranty deed to the City of Austin, conveying said property, towit, the east 46 feet of Lots Numbers 2 & 7, in Block 1, in the City of Austin, Travis County, Texas, according to the map of the City of Austin filed in the General Land Office of the State of Texas; and WHEREAS, it is contemplated that said property will be used in connection with the Water, Light & Power Department of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the sum of $1000.00 be and the same is hereby appropriated out of the earnings fund of the Water, Light & Power Department for the purpose of making cash payment as recited in said deed, and that a warrant be issued therefor, payable out of said fund to the order of said Carl T. Widen and delivered to him, together with the hereinafter mentioned note, upon delivery by him to the City of said warranty deed. BE IT RESOLVED further, that the Mayor he and he is hereby authorized and directed to execute on behalf of the City of Austin a promissory note for $2000.00, payable to said Carl T. Widen on December 31, 1926, and secured by the vendor's lien on said property, and to deliver same to the said Widen as the balance of the consideration to be paid by the City for said property. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. The Safety Committee's report upon the application of E. T. Morris to erect L an underground tank at 306 Guadalupe Street was road and Councilman Searight moved that same be granted as recommended by the Safety Committee. Motion prevailed by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. The Safety Committee's report upon the application of Ben Campbell, Manager of the Postal Telegraph Company, for permission to erect an electric sign at 709 Congress Avenue was read and Councilman Searight moved that same be granted. Motion prevailed by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. The monthly reports of J. N. Littlepage, City Marshal, C. N. Avery, Superintendent Water, Light & Power Department, Robt. Rockwood, Fire Marshal, W. R. Davis, Bookkeeper Sewer Department, and R. D. Thorp Head of the Identification Bureau of the Police Department, were read and ordered filed. The Council then recessed. , SPECIAL MEETING OF THE CITY COUNCIL: Austin, Texas, January 29,1926 The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; absent, Councilman Nolen. Councilman Searight introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: That a new Fund be created, known as The Evergreen Colored Cemetery Fund, and that the sum of $1000.00 be transferred from the Cemetery Purchase Fund to The Evergreen Colored Cemetery fund from which to make appropriations. BE IT FURTHER RESOLVED: That a Sexton be appointed at a salary of $80.00 per month, effective January 1st, 1926. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, and Searight, 4; nayes, none, Councilman Nolen absent. Councilman Searight nominated Wiley Jones, Colored, as sexton at Evergreen Cemetery Colored, term effective January 1st, 1926. Nomination was confirmed by the following vote: Ayes, Mayor Yett, Councilmen Avery, and Haynes, 3; nayes, none, Councilman Nolen absent, Councilman Searight present but not voting. The Council then adjourned. Joey formaby 517