169 Regular Meeting of the City Council Austin Texas August 07, 1882 Hon R. Platt. Acting Mayor Presiding Roll call showed Aldermen Netz, Rainey, Schuler, Buggenhagen, Koerner & Mason Absent Cook Radkey & Kuchpurtz. Alderman Cook was excused from attending this meeting. A fine of one dollar was entered against Aldermen Kuchpurtz & Radkey for non attendance at this meeting. Minutes of the Called meeting of July 6. Adjourned meetings of July 7 & 8 regular meeting July 14, 1882 were read and approved. Petition of Samuel J Ohwindel asking that the Council restore to him a mule sold by the City of Austin at the pound as estray stock Referred to the Police Committee and City Attorney. Petition of James W. Lloyd asking that the Council refund to him fees paid by him at pound masters for Convey of his impounded Petition granted. Petition of Citizens of the 10 ward asking that the City Council compel the Central R R to make crossing at their track at Blanco and San Marcos streets referred to the Park Committee. Petition of E R Ohnwater asking that the Council allow him back pay for time lost in June and July 1882. Petition was granted. Petition of Andrew Scroggins asking that the Council refund to him Pound fees, paid to the City read and granted. --- Page break --- 170 The Petition of John Condon was presented and read requesting that the Council grant him permission to erect a wagon shed near his place of business. Petition granted The Petition of William Raatz was received and read asking that the Council allow him to finish a shed (partly erected) for the protection of his workmen from the sun. Petition referred to the Fire Committee The report of the City Marshall for the month of July 1882, was received, read and ordered filed. The report shows total fines in the Mayors Court for the month $39.00. Cash received from fines $20.50. fines worked out on the street $17.50. The Marshall reported he had received $16.50 for feeding M. Showers Alex. Jones, and held the receipt of the assessor & Collector for the amount. The report of the City Sexton for the month of July 1882 was received read and ordered filed. Total deaths for the month 36, white 27, Colored 9. 1 The report of the City Physician for the month of July 1882 was received read and ordered filed. The report shows forty four visits made and twenty six prescriptions given to outside patients. Five patients remain in Hospital, three were dismissed and two died during the month. The following is the report of the assessor and Collector for the Quarter ending July 31 1882. To Income from Ad Valorem Tax for 1881 7276.80 " " " " 1880 128.96 " " " " 1879 90.90 " " " " 1878 108.01 " " " " 1877 10.00 " " " " 1876. 12.00 " " " " 1875 20.00 " Back Taxes 227.75 " Licenses 535.65 " Markethouse 53.00 " Cemetery 53.90 --- Page break --- Assessor & Collectors report continued To Income from May 1st " " Groundrents " " Miscellaneous Total Credit By Treasurer receipt N° 844 to and 856. Report of the Assessor and Collector of Taxes Collected for school purposes for the quarter ending July 31st 1852 To Collections from May 1st to July 31st 1852 Credit By Treasurer receipts N° 8 to and N° 12. Report of the City Treasurer for the Quarter ending July 31 1852 Debit Balance on hand May 1st 1852 Received from Assessor and Collector on account of Ad Valorem Tax On acct of License Tax " " Burial funds " " Market funds Total Credit Paid Interest due June 1st on 10 % Bonds N° 2 to 131 inclusive Paid 6 % Interest warrants Non Interest warrants Total disbursements Statement Reserved to pay interest due on Bonds in New York from July 1st to Reserved to pay 6 % warrants called in including $80.88 interest paid To pay non interest outstanding warrants Amount of appropriations for which warrants have not been drawn Total Balance in New York and in City Treasury available account of Reserve and appropriations Excess of balance Total $1016.95 140.00 118.89 $1184.84 $1184.84 $1551.88 $1551.88 $6845.99 $7707.71 $278.75 $873.80 $44.67 $15650.92 $150.00 $917.70 8162.70 $11230.40 $450.00 $2123.64 $0.90 $293.62 $2868.16 $158.21 $40.63 $2868.16 --- Page break --- 172 Report of the City Clerk for the Quarter ending July 31st 1882. " Warrant drawn during the Quarter. For Interest $475.78 " Police $1809.00 " Streets & Bridges $386.50 " Hospital and Pauper acct. $486.80 " Fire Department $578.40 " Market House $75.74 " Cemetery $62.49 " Sanitary $309.00 " Miscellaneous $351.53 " Printing Postage & Stationery $356.34 " Salaries & Commissions $708.43 " Small pox $200.00 Alderman Kinny introduced an Ordinance appropriating $1468.32 in payment of approved accounts, and an employees of the City of Austin which was read and then read second and third time under suspension of the rules and and on motion of Alderman Wilson passed by the following vote Yeas. Goetz Kinny Nebuda Brueggerhoff Moeler Platt Wilson The following is the report of the City Engineer on the cost of draining Masontown Austin Texas July 19 1882. Hon R Platt Chairman Street Committee Sir I would most respectfully submit to you an estimate (with profile accompanying) of the cost of draining Masontown which is situated in the south eastern part of the City Ditch 1877.x6. Excavation 1810 yds.@ 25¢ 452.50 Culvert at the crossing of East avenue 146.20 Culvert at the crossing of the fourth street east of East Avenue 73 17 Total. $671.87 Respectfully J O H McDale City Engineer The following is the report of the street committee on the petition of A J Thorp & F D Moeler and Board of Aldermen Your committee to whom was referred --- Page break --- 173 the petition of A J Thorp. would most respectfully ask that the petition be not granted. Respectfully R Platt & B Kinney & Committee The following is the report of the stock committee on the petition of Henry W. Shoeter. To the Mayor and Board of Aldermen Your committee to whom was referred the within petition would most respectfully represent that we have examined the same and recommend the granting of the petition with the following amendments, insert the years in place of twenty five. R Platt Chairman. & Kuhhard. I concur in the above and would be willing to grant it for twenty five years as asked for Hob Kinney. The report of the Majority was amended by striking out the word twenty five years and inserting 18 years. The report then was adopted and the Petition granted. Committee The following is the report of the Committee on an Ordinance regulating the speed of trains in the city of Austin and recommending the passage of the Ordinance To B Moeller, R Platt & B Kinney. The ordinance committee introduced an ordinance regulating the speed of trains in the Corporate limits City of Austin and the crossing of trains across corners across and providing a penalty for not complying with the provisions of the Ordinance. The Ordinance was read Second time under suspension of the rules. But by a vote was then amended by inserting the word twenty five dollars instead of five dollars. The motion to suspend the rules and read the Ordinance was then made and was lost by the following vote, yeas Aldermen Keltz, Schubn Brueggerhoff, Horder, Platt, Siron, Mayo, Kinney. The Ordinance committee introduced an ordinance granting to the state of Texas the right to run and maintain a sewer from the Colorado river to the state Public buildings the City reserving the right to connect any of her public building with said Sewer and that --- Page break --- 174 Citizens residing adjacent to the main sewer or its branches shall be permitted to connect with said sewer or branches under such restrictions as the State of Texas may prescribe. The Ordinance was read second and third time under suspension of the rules and passed by the following vote Kritz, Kenny, Ochubar, Bruggeshoff, Moder, Bartholomew Alderman Bruggeshoff presented the following communication from the Fire Commissioners of the Austin Fire Department which was adopted and the action of the Fire Commissioners approved Austin August 7th 1882 To the Hon. Mayor and Board of Aldermen of the City of Austin Gentlemen I have the honor to inform you that the Board of Fire Commissioners of the City of Austin have decided to dispense with the services of Hope Hook and Ladder Co. No. 4. and Elton Perry Engineer of Washington Engine Co. No. 1 and that they have elected J. W. Moore Engineer of the Austin Fire Department to take charge of both engines The above action taking effect from and after the 1st day of August 1882. Charles Kofhertz Recorder Austin Fire Department Alderman Bruggeshoff introduced the following resolution which was adopted. Resolved that the Commissioners on Fire Department be and are hereby authorized to sell the Hook and Ladder Truck of Hope at best figures for the interest of the City the proceeds thereof to be paid into the available general fund and shall take charge of said truck it now in force for [illegible] material for the house in which said truck is stored and store the same at no other expense until it is sold. That the Fire commissioners also sell the old hose cart of Washington Engine Co. No. 1. The following is the report of Aldermen Kenny and Schubur of the Special committee appointed to investigate the charges made against officer [illegible] --- Page break --- Hon W A Dayton 175 Mayor of Austin. The undersigned members of the special committee appointed to investigate the charges against officer Chenneville beg leave to report that after repeated attempts, it was found impossible to get the committee together and we therefore did not attempt a full investigation, we deem it proper however, to ascertain something in regard to the matter in as much as the committee was directed to report at this meeting and we accordingly had before us Robert Grant the chief accuser, and officer Chenneville. Mr Grant states while he was clerk at the Police Station he collected the dues at the market house stands during the months of May and June of this year and that he turned over the amount so collected to officer Chenneville that he kept no particular account of the collection during May, but he feels sure not less than $500 was collected and turned over by him. He states that the sum very much ourised to leet. He states that only $500 was received over to the assessor and Collector as the total collections for May and determined to keep a daily account, and of the month of June of the amount collected by him and the amount turned over to officer Chenneville. He states that the collected and turned over to officer Chenneville during the month of June $10.00. He took no receipt from Chenneville but says that he will swear to the amount as he kept a careful memoranda. The books of the assessor and Collector show that he received on the 1 of June from Chenneville for the collections of May $13.00 on July 7th and on July 9th making $47.92 as the total collections of June $14.25 less than the amount alleged by Grant. Officer Chenneville declares emphatically that he paid over to the assessor and Collector all the money he received from Grant and that the reason why he did not pay over on July 8th the whole amount of the collections of June was because the he had paid it and it was returned to him until July 8th. It will be seen that the respective statements made are of flat contradictions and each positively made. Then fore no satisfactory conclusion can be arrived at without corroborative testimony of the one or the other we therefore recommend that the investigation be postponed to some future time when perhaps Marshal Thompson can be present as well as other witnesses whom Mr Chenneville would summon. Respectfully submitted. H B Kinney J Schuber --- Page break --- 176 On motion of Alderman Brueggerhoff, the report was laid over, and the investigation postponed. An Ordinance was called up regulating the salary of the City Engineer and repealing part of section 7 of an Ordinance passed Feb 27, 1882. The vote passing the Ordinance on its third reading was reconsidered and the Ordinance amended by striking out the words, in section 7th, and the same shall be considered to be have been in full force and effect from Feb 27, 1882. The motion to suspend the rules and place the Ordinance on its second reading was lost by the following vote. Yeas, Aldermen Metz, Schuber, Brueggerhoff Horder, Pratt, Wilson and Kenney. Nays: 0, None. The Ordinance was then referred to the Ordinance Committee for perfection. Alderman Kenney called up an Ordinance which was read imposing a fine for nonattendance of aldermen at Council meetings and providing that aldermen shall not receive pay for meeting that they do not attend. The Ordinance was tabled by the following vote, yeas, Metz, Brueggerhoff, Horder and Pratt Nays Kenney, Schuber and Wilson. Alderman Hoeller introduced an Ordinance which was read first time providing for lettering the streets of Austin and placing the names of the streets on the corners of streets; also compelling the citizens of Austin to number their houses and authorizing the mayor to advertise for bids to carry out the provisions in section 7th of said Ordinance. The Ordinance was read second and third time under suspension of the rules and passed by the following vote: Yeas, Metz, Kenney Brueggerhoff, Hoeller, Pratt, Wilson. Nays none. An Ordinance appropriating $8000 for the purpose of lettering the streets of Austin was introduced and read first time. The motion of Alderman Schuber to lay the Ordinance on the table was lost. Alderman Schuber introduced an Ordinance appropriating. --- Page break --- 177 Two hundred and forty dollars to provide for the of services rendered by the Board of Appraisers and Equalizers for the year 1882. The Ordinance was read second and Third time under suspension of the rules and passed by the following vote yeas Ayes, Henry Schubert Bruggerhoff, Apuelen, Black, Wilson. The following letter of resignation was received from City Marshal Ben Thompson. To the Mayor and Board of Aldermen City of Austin Gentlemen I hereby tender to you my resignation as Marshal and Chief of Police of the City of Austin to take effect on the first day of September next ensuing or before that date if my successor should sooner qualify. Very Respectfully your obt. Servant Ben Thompson San Antonio, Texas, July 29th 1882. Witness W K Walton George T Pendexter Alderman Bruggerhoff introduced the following resolution in lieu of the resignation of the City Marshal, which was adopted. Resolved, That the City Council of the City of Austin that leave of absence is granted to City Marshal Ben Thompson for sixty days and action on his resignation be postponed for such time read & app. On motion the Council adjourned. J S Earnest City Clerk Read and approved August 9th 1882.