173 Regular Meeting of City Council Council Chamber Jan 2d 1897 The Council was called to order at 7.30 P.M. Mayor Wheeler in the chair Roll called and the following members answered. Alderman Bremond. Cook. Boffenbaugh. Goodale James Larneur. Robinson and Taylor. Absent Alderman Chander. Quorum present. The Journal of the last meeting was read and adopted Otto Road Esq. member elect from Ward 7 was sworn in and took his seat Petitions Petition of City Water Company asking the city to need additional hydrants also to extend the time for the completion of their Reservoir. Also to allow them to use 150ft more of ground lying between their works and the Old Mill property On motion of Alderman Bremond the Petition was referred to the Committee on Streets Petition of L.J. Mahoney & Co asking the City Council for an appropriation of $185.00 for the payment of the Drinking Fountain erected by them on Congress Avenue On motion of Alderman Bremond the petition was referred to the Committee on Streets Petition of T.J. Rowlette (an invalid) to peddle apples bakes &c without license On motion of Alderman Goodale the petition was granted for sixty days passed unanimously by. Yeas & Nays Petition of H.G. Bentley and others asking for the construction of a foot Bridge across Waller Creek on Bois d'Arc Street and the filling up of the washerman crossing On motion of Alderman Cook the petition was referred to the Committee on Streets with power to act Petition of William Nelson. A R Crozier. James O. Reily. Percy H. Hewindell Mrs #16 Carr. James Phillips Carl Sundgreen. F. Shaffer. Neley Griffin. Stud & Hull and J.H. Robinson asking reductions in their assessments for taxes for the year 1896. On motion of Alderman Bremond all petitions for reduction in assessments for Taxes be referred to a special Committee consisting of Alderman James. Biffenb...gh. together with the Mayor and City Assessor & Collector with full power to act. --- Page break --- 174 Petition of August Tederman asking the privilege of enclosing a lot of ground on River bank No 174 On Motion of Alderman Bremond the Petition was referred to the Committee on Streets Petition of C S Wead H Graded F Otto and others asking for the construction of a Bridge across Stalls Creek on Cypress Street On Motion of Alderman Cook the petition was referred to Committee on Street Petition of Mrs Huberick asking Charity On Motion of Alderman Robinson the petition was referred to the Committee on Charity Petition of the African Methodist Church asking for duplicate lease of lot on which their Church is located, the original lease having been lost Alderman Taylor moved that the Mayor be auth thorized to make a duplicate lease, The Yeas and Nays ordered and the resolution passed by the following vote Yeas Aldermen Bremond Cook Daffenbaugh Gosdale James Larsmour Robinson Post and Taylor Nays none Petition of Matt Cohn asking authority to cover roofs of buildings in fire limits with concrete On motion of Alderman James the petition was referred to Committee on Fire Department Petition of J Mo & S F Bay A Bahn and others of Ward 10 against the use of Cypress Street for railroad purposes On motion of Alderman James the petition was referred to Committee on Streets Petition of Houston & Texas Central Railroad Co asking the passage of an ordinance granting them the right of way through certain streets in the city On motion of Alderman Bremond the petition was referred to the Committee on Streets Petition of Hope Hook & Ladder Company asking that certain repairs be made to their Truck House On Motion of Alderman Bremond the petition was referred to Committee on Fire Department with power to act Petition of P G Roach asking permission to make certain repairs on a building on Prean Street On Motion of Alderman Cook the petition was referred to Committee on Fire Department --- Page break --- 175 Petition of L. B. Nietz for license for the sale of Spirituous Liquors in quantities less than one quart in Ward "1 Petition of M. Hoffe for license for the sale of Spirituous Liquors in quantities less than one quart in Ward # 2 Petition of Jordat & Boullony for license for the sale of spirituous liquors less than one quart in Ward # 1 Petition of L. A. Garnes for license for the sale of Spirituous liquors in quantities less than one quart in Ward # 9 Petition of J. Gillespie & Co for license for the sale of Spirituous liquors in quantities less than one quart in Ward # 1 Petition of Garone and Nacia for license for the sale of spirituous liquors in quantities less than one quart in Ward # 2 Petition of Francis Patie & Co for license for the sale of spirituous liquors in quantities less than one quart in Ward # 1 Petition of Upton & Meir for license for the sale of spirituous liquors in quantities less than one quart in Ward # 9 Petition of Madison & Mitchell for license for the sale of spirituous liquors in quantities less than one quart in Ward # 9 Petition of M. L. Mentz for license for the sale of spirituous liquors in quantities less than one quart in Ward # 1 Alderman Robinson moved that all the petitions for Barroom licenses where the petitioners had complied with the City ordinances regulating the same, be granted Alderman Joanes offered the following substitute, That all petitions for Barroom licenses in Ward No 1 be referred to a committee of three for investigation. Lost Whereupon the original motion was adopted Reports His Hon the Mayor submitted the following reports Mayor Office Austin Texas January 2d 1877 To the Honorable Board of Aldermen of the City of Austin Gentlemen Under the ordinances of the city it again becomes my duty to submit to your body an annual report and make such suggestions as may seem right and proper Herewith I submit the annual reports of the City Treasurer City Assessor and Collector and the City Clerk. These reports run up to and close on the 31st day of October 1876. The City Clerks report is to a great extent a recapitulation of the two former, and shows so well the condition of the city that it should be published for the in- --- Page break --- 177 performs their respective duties honestly, faithfully and with alacrity, I respectfully recommend that the room resultly occupied as a mayors court room be repaired and di- vided into two rooms to be used as a meeting room for Washington and Hope Companies, I would also suggest that the City purchase a furnace and all necessary tools so that the engineers of the Steamers can do all repairing and work in that department and thereby save to the City the expense of such work. The addition to the Cemetery has been enclosed, surveyed into lots and the ground as well as the fence paid for since my last report. The whole cemetery has been kept in as good condition as circumstances would permit. Most of the lots are in good repair but unfortunately the grasshoppers have destroyed most of the shrubbery and flowers a misfortune that is to be greatly regretted. for the owners of lots have worked so industriously to beautify and adorn the resting place of their loved ones. I respectfully suggest that your body take immediate action in regard to persons who have purchased cemetery lots and failed to pay for them. This is a matter that should be settled in a just and equitable manner and that too without delay. Markets. As it is necessary before the first of March to mature a plan for the establishment and government of the Markets of the City for the next year. I trust that you will consider this subject without delay. I am fully convinced that it is an unwise policy for the City to endeavor to raise any revenue from this source. further than is necessary to defray the expense of this department. This department should simply be made self-sustaining. whenever the City places a heavy tax on the privilege for the sale of the necessaries of life the vendors add the amount paid to the price of the produce thus a heavy tax is indirectly placed on the consumer. who in many instances, is little able to afford it. Believing therefore that the cheaper the Market system the better for all concerned I respectfully recommend that for the next year the City charge no rent for the meat Stalls at the City Market. but in lieu thereof a very light license tax be placed on each butcher doing business in the City. This course I am satisfied will give us a good Central Market. --- Page break --- 178 as well as give us much markets for the accommodation of the people in every part of the City where any profit can be made after paying rent and the license, the Market men wish protection and be a certain extend they should be protected, I am fully convinced that each one would be willing to pay a small license fee to defray the necessary expense of this department, if the City would give them the desired protection. In any event let us do all we can to give the people cheap provisions by removing as far as we can every obstacle which may come between the producer and consumer. I wish to call your attention to a claim which Messrs Bahn and Schuman have against the City, During Mayor Brown's administration the City sold to the above named gentlemen for $ the block on East Avenue known as the Hospital block, as the City had no right to sell the property it being dedicated for a certain purposes, of course the purchasers could get no title. And while it may seem hard for our administration to refund money illegally collected by a former administration yet justice to the City and especially to the purchasers demands that we should refund the money and cancel the deed. I therefore ask that your body authorize the appointment of a committee to settle with Messrs Bahn and Schuman on just equitable terms and report its action to the next meeting of this Council. Since the completion of this report the City has purchased and cancelled City bonds to the amount of $3100- $3000- were purchased from H. C. Salmon, of Clinton Missouri at par with accrued interest, and a $100- bond from Capt M. D. Mather for ninety eight, with accrued interest. Some persons may think it strange for the city to purchase and retire her twenty year bonds while we have any floating debt. But you will remember that the ordinance ordering the sale of the bonds required that a sinking fund be set apart, and that it be used for no other purpose than to purchase and retire the bonds, the above amount had accumulated in the treasury and it was deemed best to use it in reducing the debt, and saving to the City the interest on the bonds purchased. I deem it proper to add this statement to the regular report so that all may know why money was used in purchasing bonds instead of paying warrants drawn on the treasury. --- Page break --- 179 I was pleased to see that our city warrants are worth from 95¢ to par and very few on the market and that our bonds are worth par. While the report submitted shows that the City is in a healthy financial condition, still it is not all that we could desire. And yet how could it have been better, unless we had discharged the police force, put out the Street Lamps, refused to repair streets or build bridges or do anything until the delinquents paid their taxes, that we could not do and deal justly with those who had paid, consequently, we were compelled in justice to these, to continue the expenses, even if they did exceed the income, an examination of the report will show you that there are now over $60,000 in taxes due the City. If one quarter had paid we would not have at this time any floating debt and if all had paid we would, after paying all of the floating debt, have $44,000 in the treasury with which we could retire $20,000 worth of bonds, and defray the expenses of the City until next years taxes become due. Then all impartial persons must admit that the delinquent taxpayers are more to blame for the increase in the City indebtedness they complain of the management, they seem to forget there are many unavoidable expenses incurred in running a city government, and that if the money is not furnished by the taxpayers your body must devise some other way to defray the expenses. Therefore we cannot not be blamed if taxes were not paid, for we had no authority until now to force payment. Now it becomes our duty to make all pay. And I earnestly impress upon you the necessity of enforcing the law against all delinquents. Those that will not pay without compulsion should be compelled to pay with all costs and penalties to the full extent of the law. Adopt that course and it will place our city in a good financial condition, as well as be just to those who have paid to defray the expenses of the City government. In conclusion I most respectfully ask you collectively and individually to assist me in reducing the expenses in every manner possible. The reductions which we have made in the last few months has been very beneficial, and if we can make further retrenchment we should not hesitate to do it. At this season of the year our expenses will necessarily be heavy but let us adopt a policy that will bring it within our income --- Page break --- 180 This suggestion is not made merely for effect but in all sincerity, because I believe it is your duty as the representative of the people to assist in inaugurating and enforcing every reduction in expenses which can be made in justice and equity. Permit me to say that it is your duty to investigate the acts of every officer of the City from the highest to the lowest and ferret as far as possible any derelictions of duty by any of them. And it is the duties of your committee to critically examine every account and bill, and see that the City gets a dollar consideration for every dollar that is disbursed. I now assure you that in all investigations in all works of retrenchment and reform in the City government, I will always be more than pleased to assist and co-operate with you Trusting that you will give these suggestions due consideration, that your body may continue to work harmoniously in all things that appertains to the advancement of the City and the good of the people I remain most Respectfully Your Obedient Servant J. B. Wheeler. Mayor Annual Report of the Clerk of the City of Austin showing the Receipts and Expenditures of the City during the fiscal year ending October 31st 1876 Table I City Warrants Account Debits To Amounts of Endorsements upon City Warrants in payment of Taxes received by T. Starziny A+C $6,153 57 " Amounts of Cash Payments upon City Warrants $0.44 82 by J. R. Johnson Treasurer " Amounts of Warrants cancelled in sale of Bonds June 26th 1876 20,206 63 64,405 02 " Balance City Warrants outstanding Oct 31st 1876 16,103 79 80,508 81 Credits By Balance City Warrants outstanding Nov 1st 1875 17776 21 " Amount of City Warrants issued during the year ending October 31st 1876 Viz Police 10,814 88 Streets 18,212 99 Administration 7,284 80 Charity 2,281 60 Fire Department 5,272 54 --- Page break --- 181 By Market. &Cause 21196 4 " Cemetery. 1ms 22 Prisoners 1502 2n Sanitary (Bonds pd 3919.25) 4505 95 Interest (Bonds + Warrants) 4371 18 License to Refunded 32 J657 Miscellaneous 366859 62732 5n 50508 51 Table II City Bond Account Debits To Balance outstanding October 31st 1876 97,000 00 Credits By Balance outstanding November 1st 1875 77,000 00 Amount sold June 26th 1876 in compliance with Ordinance N° 79 approved June 6th 1876 20,000 00 97,000 00 Table III J R Johnson City Treasurer Debits To Balance Received from J H Howard late City Treasurer 285766 " Cash received from F Storging Assessor & Collector from 1st Nov 1875 to 31st October 1876 927792 12,135,48 Credits By Amounts of Cash disbursed upon City Warrants during the fiscal year ending October 31st 1876 8,054 82 " Cash turned over to Committee in compliance with resolution of City Council to pay interest on Bonds duly July 1st 1876, through Foster Gustow &co 120000 9,244 82 " Balance Cash Oct 21st 1876 2,890 66 12,13548 Table IV Fred Storging Assessor & Collector Debits To Amounts received during the fiscal year ending October 21st 1876, from the following sources viz Taxes of 1875 and previous years 4,851 00 " " " " " Collected by City Atty 1,5 [illegible] 82 --- Page break --- 182 Assessment of 1876 To Taxes show Rolls of 1876 viz 1st Intrinsic Tax 115,319.83 Personal Property 15,497.11 Poll 2,069.00 Supplemental Assessment 104.60 664,9060 Less amount uncollected 17,11636 19,874 [illegible] " License Tax 19,560 07 " Way Tax 35 00 " Market House (Rent) 1,479 01 " Sale of Cemetery Lots 895 00 " Ground Rents & Sale of Stock 308.43 " Fines in Mayors Court 2033 50 44940711 Credits By Amounts Endorsed upon City Warrants received in payment of Taxes during the year ending October 1876 36,15357 " Cash turned over to J R Johnson City Treasurer during the same period as per receipts 927782 " Cash turned over to Drexler Dudlow & Co in Compliance with a resolution of City Council to pay interest on Bonds due July 1st 1876 197498 " Errors in Assessment 6800 " Commissions for Assessing & Collecting 203327d 44940711 Table V S D Britton City Attorney Debits To Amount of Uncollected Taxes of 1875 and previous years from W H Sherman Late City Attorney 16,61886 Credits By Amounts turned over to Fred Storzing Assessor & Collector 1,34092 " Balance uncollected 31st of October 1876 15278 04 16,61886 Ado Since the completion of this report there has been collected by the City Attorney the amount of $1880.[illegible] and turned over to the Collector --- Page break --- 183 Table VI Sale of City Bonds Under ordinance N° 79 approved June 6° 1876 Debits To Amount of City Bonds $20,000 sold at, 2¼% premium · 20,45000 Credits By Amount of City Warrants received in lieu of Bonds now cancelled 24,20663 " Amount of Interest due on Interest bearing Warrants included in in the above 21576 " Amount of Interest on Bonds sold, from June 26 to June 30° 1876 · 27 61 20,48000 Table VII Forstor Dudlow + Co Debits To Amount received by Committee Through J R Johnson City Treasurer 120400 " Amount received from F Storzeny Upson + Col 1,97498 " Premium on Silver - 67 -3,07565 Credits By Amount of Interest paid upon Coupons of Austin City Bonds at New York due July 1° 1876 2,97500 Exchange Telegrams Interest and Advertising · 10065 3,07565 Table VIII Inventory of Property 2 Engine Houses 305100 2 Steam Fire Engines 130000 1 Fire Extinguisher 277800 1 Hand Fire Engine (Cost $1800) 50000 2000 Feet Hose 250000 2 Hook and Ladder Trucks 3,00000 Furniture in Engine Houses 30000 Market House and Improvements 12,20480 Fixed Lamps 150000 1 Clock 120000 Furniture of Court Rooms + Offices + Safe 50000 Horses Mules Carts + Tools 48000 Buildings for Bread for Hospital 61484 42,00284 --- Page break --- 184 Table IV Recapitulation of the Liabilities and Assets of the City of Austin on the 31st day of October 1876 Liabilities City Bonds Table "2 47,000 00 " Warrants " 1 16,100 79 113,103 79 Assets Taxes of 1876 uncollected Table "4 47,116 36 " " Passengers uncollected " 5 15,278 04 Cash in Treasury " 3 2,490 66 Property for Inventory " 8 112,002 34 107,289 40 Note under the head of Expenditures for Miscellaneous in Table "1 The following items are embraced Viz Fees + Commissions paid M. H. Thomas late City Atty For collecting back Taxes 59.65 " Compiling City Lease 100.00 159 65 Fees + Commissions paid F. L. Britton City Atty Viz For collecting back Taxes 146 32 For Services of officers of Election Nov 1st 1875 50 04 " " " Board of Appraisers + Equalization 142 50 " Entertainment of Texas Veterans San Jacinto Celebration 356 20 " State Pound Keeper and repairs of Pound 228 00 " Furnishing + Repairing Court Room and Offices over Market House 224 93 " Contingent Expenses of City Council + Office, Postage + Telegraphy 124 87 " Commissions for paying Interest on Bonds at New York 14 92 " License Tax Refunded 241 20 " Interest on Bonds + Warrants 875 00 " Compromise of Damages Suit in District Court 120 00 268 8 59 City Clerks Office Austin Texas November 1st 1876 I hereby certify that the above and foregoing is a true and correct statement as appears upon the books of the City Clerks and Recorders Office of the City of Austin John G. Hurlbut City Clerk Mayors Office Austin Texas January 1st 1877 --- Page break --- 185 This is to Certify, that the undersigned Finance Committee of the City of Austin have carefully examined the reports of the City Assessor and Collector, City Treasurer and City Clerk, with all Vouchers thereto belonging and find that they show the financial condition of the City on the 31st day of October 1876. That all monies received and expended are properly accounted for. All vouchers for disbursements correspond and are on file with the proper officers, and that the accounts for and against the City are properly kept. In testimony whereof we hereunto sign our names on the day and date above written. Eugene Drummond Mc A Taylor J St Chander Finance Committee On motion of Alderman Cook the reports was received and ordered published Reports of City Marshal for the months of October November & December was received Reports of City Physicians for the months of October November & December was received Reports of City Sexton for the months of October November & December was received The Committee on Police submitted the following Report Austin Texas December 29, 1877 To the Hon J B Wheeler Mayor of Austin Sir Your Committee on Police to whom was referred the matter of investigating the conduct of Police Officers H.P. Allen and J H La Rew at the Capital Theatre on the night of the 25th ult Respectfully report that they have performed the duty assigned them and respectfully submit the the following After carefully examining the statements of the two Officers referred to, We do not think that there was anything particularly willful in the conduct of Officers Allen and La Rew, yet we believe that they was negligent in the performance of their duty as Peace Officers, in not suppressing the difficulty when it originated and promptly arresting the parties engaged. We therefore recommend to the City Council that --- Page break --- 186 Officers M P Allen and J M La Row be removed from the Police force of this City Respectfully D fc Robinson J.O. Goodsale Police Committee Alderman Cook moved that the report be received and adopted The Yeas and Nays being called the report was adopted by the following vote, Yeas Alderman Bremond Cook, Goodale, (Alderman James declined voting) Larmour, Robinson Rost. and Taylor. Nays Alderman Deffenbaugh At the request of Alderman James he was excused from voting on the adoption of the report of the Police Committee By Alderman Bremond. Be it resolved by the City Council of the City of Austin. That from and after the 10th day of January 1877 no officer of the city shall shall receive any dues to the city by endorsement upon City Warrants or scrip That the City Clerk shall issue to the City Collector city Warrants in small denominations, from time to time, when needed by the Collector for making change upon warrants with City taxpayers, taking his receipt therefor. and Keep proper account with the Collector for the same The Yeas and Nays being called, the resolution passed by the following vote. Yeas Alderman Bremond, Cook, Deffenbaugh, Goodale, James, Larmour, Robinson Rost and Taylor Nays None By Alderman Deffenbaugh, Be it resolved by the City Council of the City of Austin. That the money collected by the City from all sources of income shall be placed in the Sinking and Interest fund and no officer or other person shall be permitted to use any of said money for any other purpose without authority from the City Council. Provided that one hundred dollars in cash be set apart each month to pay the necessary contingent expenses of the City. Said amount to be disbursed under the direction of the Mayor and Finance Committee The Yeas and Nays being called the resolution passed by the following vote Yeas Aldermen Bremond Cook, Deffenbaugh, Goodale James, Larmour, Robinson, Rost and Taylor Nays None --- Page break --- 187 The Mayor informed the Council that there were two vacancies on the Police Force, and that there were six officers now serving which had not been confirmed by council, that he had on file Twenty one petitions for appointment, these included the petitions of those who were now serving without confirmation, And while the Charter gave him the right to nominate all Officers, other than those elected, but in this particular case he had determined to waive that prerogative, and requested the council to take all the petitions and retire to the Clerks office and select from the number the names of the Eight officers required, The council then retired and on their return presented the names of John Chanville H E Jones, Dennis Sheehan, Mc Q Harlow, Alfred Larsen John Mandell, Thomas Johnson, and Mc Riley, Whereupon the Mayor asked their confirmation The Yeas and Nays being called they were confirmed by the following vote Yeas Aldermen Bremond, Cook, Duffenbaugh, Goodale, (Alderman Janus asked to be excused from voting, Excused) Larreour, Robinson, Rosh + Taylor Nays None Alderman Bremond moved that the Fire Committee be authorized to have the hose Carriage belonging to the old hand engine repaired with the view to organize a hose Company Carried Alderman Bremond moved that a Committee be appointed to purchase an iron Safe for the better protection of records and papers in the Clerks Office Carried Alderman Bremond, Taylor and Robinson were appointed as said Committee. On motion the Mayor was added to the Committee Alderman Rosh was appointed on the Ordinance and Printing Committee On Motion of Alderman Cook the account of James Raulston was referred to Committee on Finance for Settlement Alderman Bremond moved that a committee of three be appointed to confer with Bahn and Schumann regarding their claim against the City Aldermen Cook Rosh and Duffenbaugh were appointed on said Committee On Motion the Council Adjourned