370 Regular Meeting of the City Council Austin October 15, 1883 Hon. R. Platt President of the Council presiding Roll call present aldermen Metz Kinney Lawrance Schuber Duiskil Sneed and Platt. A fine of one dollar was entered against alder men Duiskil and Wilson for non attendance at this meeting. Minutes of Oct 9 1883 read and approved A proposition was received from the Capital Compress Company to build a bridge for the City over Shoal Creek on Cuelerobra. The Compress Company propose to advance the amount necessary to build the bridge and the City to pay for the same January 1 1884. Refered to the Street Committee The foregoing communication was recieved from the City Marshal Austin Oct 12 1883 To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen I respectfully request that, you place four additional police on the pay roll for the five days of the fair. Respectfully John Kilk City Marshal A communication was received from the City Marshal asking the sum of money appropri ated for the purpose of burial of furnishing transportation to the Cemetery of dead paupers an ordinance appropriating the sum of $50 00 for the purpose of paying for the burial of paupers was introduced and read second and third times under suspension of the rules and passed by the following vote Yeas Aldermen Metz Kinney Lawrance Schuber Duiskil Sneed and Platt --- Page break --- 371 The Street Committee submitted the following report in regard to the City water troughs which was adopted. Hon. W.A. Paylor President of the City Council Having considered the within report of the City Marshal in regard to public water troughs we recommend that the Mayor be requested to ascertain by correspondence with parties both at home and abroad the cost of iron troughs suitable for public accommodation for stock and of such construction as would make them suitable for connection with the water works. The report of such inquiry to be reported to the City Council at the next regular meeting. Plack & Kinney, Street Committee The street committee were granted further time to report on petitions referred to them. - The Ordinance committee submitted the following report which was adopted. To the Hon. W.A. Paylor President of the City Council of the City of Anatale The Committee on ordinance to whom was referred an ordinance entitled an ordinance making a refusal or neglect to construct sidewalks a misdemeanor and ordered to report that they have duly considered the same and recommend that the same do not pass. it is the opinion of the Committee that the only mode by which such improvements as are contemplated by the ordinance can forced to be made by owners of property fronting on a street is by the exercise of the taxing powers of the City as found in article 14 of the City Charter by which authority article 14 also states the Council has the power to levy one per cent tax on the value of property fronting on streets for paving up the sidewalks. Moreover and under the circumstances named in such article the Council has the power to have such pavings done at the sole and exclusive expense of the owners of lots fronting on such streets we think therefore the latter course is to pursue the mode indicated by that article of the City Charter. Respectfully Submitted, Snead Plack and Metz --- Page break --- 372 The following report of the Ordinance Committee on the petition of P. B. Forister was read and adopted To Hon. W. M. Dayton President of the City Council The ordinance committee to whom was referred the petition of P. B. Forister to grant him the right of way through the streets of the City to build and operate a street railway beg leave to report that they have duly considered the same and recommend that the right of way asked for be not granted The committee are of the opinion that the interest of the City would be best served if an advantageous contract could be made for the construction of street railways, but if such contract be made it should have such safeguards thrown as would secure to the Citizens such railway facilities as are commensurate with the present needs of the City. The proposition of Mr Forister is to give him the unqualified right of way through the streets to build a street railway we now have one street railway running through a portion of the City which by no means reflects credit on its managers or the City. The insufficiency of street railway service from want of caution in prescribing terms on which the same was per mitted to be constructed in the first instance It is the opinion of the committee that the use of the streets for street railway purposes should be made a source of revenue to the City and this rule should be applied to the one way now existing and all others hereafter authorized to be constructed Respectfully submitted Reed Aldermon Lawrance called up a resolution authorizing the mayor to enter into a con tract with Mr Riley for the purchase of twenty acres of land for cemetery purposes the resolution was read second time, Aldermon Reed offered the following amendment to the resolution which was adopted --- Page break --- 373 add at the end of the resolution "after deducting the expense of cleaning and enclosing the grounds and laying the same off into Burial Plots, Alderman Kinney offered the follow ing resolution which was adopted Resolved By the City Council of the City of Austin. That a committee of three aldermen to be appointed by the Mayor are hereby clothed with full power to act in conjunction with the authorities of Travis County and to adopt a plan for a City Hospital to advertise for bids for the construction of said Hospital in accordance with the plans adopted and to make a contract with the lowest and best bidder for the erection of said Hospital building provided the expense on the part of the City shall not exceed the amount of the special Hospital fund heretofore set a part and now standing in the City Treasury to the credit of said fund. Alderman Schubra introduced an Ordinance Authorizing the Mayor and City Physician on the part of the City to take such action in conjunction with the County author ities as will secure the erection of a City Hospital on the City Hospital Block at the earliest date possible and appropriating $3000. out of the hospital fund for that purpose. The ordinance was read second time under suspension of the rules. Alderman Breed offered the follow ing amendments which was adopted Strike out in Section 1 line 6. the word City Physician and add the words three aldermen to be appointed by the President of the City Council. Amend by striking out of section one after the word City of Austin and in line 24 and insert in lieu of the part stricken out the following. For that purpose the sum of $3000. or so much thereof --- Page break --- as may be necessary now in the City Treasury belonging to the Hospital Fund and the same is hereby appropriated. Amended first by striking out the words Equally, in line 22 of section one. The Ordinance as amended was read third time undersuspension of the rules and passed by the following vote. Ayes Aldermen Hietz, Kinney, Lawrance, Schubart, Driekill, Sneed and Plark. His honor appointed as the Committee Aldermen Breed Kinney and Schubar. Alderman Kinney moved that the Council reconsider the vote by which an ordinance amending an ordinance granting to the Capitol Gas Light Company the right to erect and operate gas works, and contracting for street lamps Motion to reconsider was adopted by the following vote. Ayes Aldermen Maltz, Kinney, Lawrance Schubar Driekill Sneed and Plark. On motion the ordinance was referred to the Street Committee. Alderman Kinney introduced an ordinance providing for the grading and paving sidewalks on Picard Street between Vandalia, Stah and West Avenue. The ordinance was read second and third time under Suspension of the rules and passed by the following vote. Aldermen Kinney Hertz, Lawrance, Schubar, Driekill, Sneed & Plark. The ordinance was ordered to be published in full. On recommendation of Alderman Hietz. the mayor nominated Stenthen Mullen as special Police officer. The nomination was conformed by acclimation. Alderman Hietz introduced the following resolution which was adopted. Be it resolved by the City Council of the City of Austin. That the mayor be and is hereby authorized to fill temporary all vacancies --- Page break --- 375 on committees made by absence of its members from the City or by sickness) Section 7. Members of committees so appointed shall only act during the absence from the City, or of sickness of the regular member of committees. Alderman Peart introduced the following letter as a supplementary report of the Committee to whom was referred the matter of the City Charter. Hon Radcliff Peart Alderman & word Sir In answer to your question whether the act of the recent Legislature abolishing and amending the City Charter of Austin is a valid act I have to say that in my opinion it is not the same being in conflict with Section 9. Article 11. of the State Constitution. You say that the City Council composed of the mayor and aldermen, protected against the action of the Legislature in the premises The Section Quoted makes it discretionary with the City to have Charters granted on amended by special act of the Legislature. A City is a legal or political sense is its municipal Corporation composed of mayor and aldermen and other, vested with powers of government. An application by a number of citizens to the legislature to modify the Charter is not an application by the City. On page 88 art 340 of the revised Statutes, where the Legislature confers upon certain cities the right to reform their charters under the general laws you will find that the movement to change the Charters of such cities is treated in the view prevailing. The council must act in the matter In my judgment the Legislature has no power to act in changing the City Charter of Austin except by a vote of the City Council in favor of that purpose expressed and addressed to the Legislature such is the syndicate I believe to be laid down in the Constitution and with out it the act of the Legislature repealing or modifying the Charter is null and void Respectfully yours B Drigg --- Page break --- 376 Alderman Kinney introduced an ordinance amending the Stock ordinance passed March 10th 1883. The amendment provides that milch cows shall not be impounded but the owners allowing them to run at large, shall be punished by a fine as in the case of other misdemeanors The motion to suspend the rules and placed the ordinance on its second reading was lost by the following vote, yeas Metz. Kinney, Lawrance Schuber, Driskill and Sneed nays Alderman Platt Alderman Platt introduced an ordinance prohibiting the digging up, breaking or removing of dirt and gravel from the street and other public places, with out first having obtained permission so to do. The motion to suspend the rules and placed the ordinance on its second reading was lost by the following vote, yeas Metz. Lawrance Schuber Driskill Sneed and Platt nays Kinney An ordinance appropriating the sum of 700. for improvements on the street and 700 to repair the gutters on Congress avenue was introduced and read first time, the motion to suspend the rules and placed the ordinance on its second reading was lost by the following vote, yeas Metz. Lawrance Schuber Driskill Sneed and Platt nays Kinney J.S. Bunnell City Clerk