422 Regular Meeting of the City Council Austin Texas December 17, 1883 Hon W A Saylor Presiding Roll call present aldermen Schneider Outor Piesma Peacock Wells Campbell Schuster Underhill Maas Jr. Robertson Dickie Crooker Odell & R. Hofstedead Huw Black Erwin Bruch Brencenty Barring ton. Minutes of Dec 8 and 10 1883 read and approved Hon J. W. Robertson Presiding The following communication was received from his honor the Mayor Mayors office Austin Dec 17 1883 To the Honorable City Council of the City of Austin Under article 8 section one of the amended charter of the City of Austin I respectfully ask your consent to remit balance of fine of $5.00 assessed against Jack Ryan on the 16th day of March A.D. 1883 W A Saylor Mayor On motion of alderman Hill the Council auth orized the mayor to remit the balance of fine against Jack Ryan The report of the City Treasurer was read and referred to the finance committee The report of the City Physician for Nov 1883 was read and referred to the charity committee The report of the City sexton for Nov 1883 was read and referred to the Cemetery Committee The report of the City Marshall for Nov 1883 was read and then referred to the Police com mittee Alderman Bruch presented a petition from --- Page break --- 423 the Austin fire department signed by the foremen of each company stating that the fire department could not be run with the present amount allowed by the City Council and asked that the amount be increased to fifty dollars per month for each company Referred to the Finance Committee The Police Committee submitted its report, which was read and laid over To the Hon W. W. Waylor Mayor Sir Your committee on Police to whom was referred the proposed ordinance No 2 entitled an ordinance fixing the number of Police to be employed in the City have considered the same and now report with the recommendation that said ordinance be passed with the accompanying amendment making provision for two mounted policemen J. Schnied W. Bunnell R. J. Hill Committee The Cemetery Committee submitted the following report which was read and laid over To the Honorable Mayor and Board of Aldermen of the City of Austin Your committee to whom was referred the matter of fixing the fees of the City Sexton have had the same under consideration and do leave to report as follows. That we find for a period of nine years (from 1874 to 1883) the City Sexton has received $1,697._ which amount includes all salaries &c. rec'd. received by him during that period of time. Average pay per annum for nine years $196.00 " " " month " $16.33 Estimated pay for help per annum for nine years $100.00 amount of salary for help per month for nine years $8.33 In view of the above facts we would recommend that the accompanying ordinance amending an ordinance passed December 10th 1883 fixing the salaries of officers for the present term be passed by your honorable body we believing the same to be just. W.W. Evving R.B. Underhill J.M. Addis Chairman Cemetery Committee --- Page break --- 424 The following report was received from the City Engineer which was referred to the street committee with authority to act. To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen I would most respectfully call your attention to the unsafe condition of the following Bridges and recommend their removal at our Bridge at East mulberry and Congress avenue East ash and Congress avenue East Hickory and Congress avenue East Bois Da are and Congress avenue and west Cedar street and Congress avenue Trinity and west Pecan street Nacogdoches and East Pecan street I would also recommend that the Bridge on Cedar street over wallar creek Br refloored also I would call your attention to the excavation of lot No 1 Block 110 on Congress avenue and ash street and that some action Br taken to protect the street and alley from further serious damage. Very Respectfully J. K. P. [illegible] City Engineer The Police committee submitted an ordinance entitled an ordinance fixing the number of Policemen to Br employed by the City and the following amendment to the same Alderman Nickson one by striking out the words "en exclusive of the Sergeant of Police and the mounted Police man now on duty and insert in place thereof the following Two exclusive of the Sergeant of Police and two of said Twelve shall be mounted Policemen Alderman Plath moved to amend the amendment by striking out the word and two shall Br mounted Policemen Alderman Brooker moved to lay the amendment of ald Plath on the table motion to table adopted Alderman Sutor moved to adopt the amendment as offered by the committee motion adopted The ordinance was read as amended and then --- Page break --- 426 Alderman I.G. Robertson offered an ordinance appropriating the sum of $500. to grade Neuquista east of [illegible] avenue and build a bridge on said street The ordinance was read first time and then referred to the street committee. Alderman Brush offered an ordinance granting to H.D. Franklin and his associates the right to construct and operate a system of electric light within the corporate limits of the City Alderman [illegible] moved to amend the Ordinance by inserting after the words any street or alley the words except Congress avenue Alderman Campbell moved to amend the ordinance by striking out the words poles and inserting then the words underground both amendments were lost. The motion to suspend the rules and place the ordinance on its third reading was lost by the following vote ayes Aldermen [illegible] [illegible] Hancock I.G. Robertson Crocken [illegible] & S. Robertson Booth Ervin Brush and Brunner Nays Aldermen Schneider Wiles Campbell [illegible] Underhill Haux Driskell [illegible] Hill Alderman Hancock offered an ordinance amending article 253 of the revised ordinance of the City of Austin in regard to hacks and other vehicles the ordinance was read first time and then referred to the street committee The following communication was received from S.G. [illegible] City attorney Austin Texas Dec 17th 1883 To the Honorable City Council of the City of Austin Gentlemen I desire to call your attention to the fact that at the present term of the district Court of Travis County C.D. Johns ex City Atty recovered a judgment against the City of Austin for the sum of $2500. his claim being for 10 per cent commissions on the amount of fines collected by the City during the time Mr Johns occupied the office of City attorney --- Page break --- 427 a motion for a new trial of the case has been submitted and overruled and notice of appeal duly given. Having been counsel for Mr Johns. I am disqualified to represent the City in the supreme court and would suggest the necessity of the employment by your honorable body of some attorney to take charge of the case on appeal. I submit herewith a letter from Hon A P Walker the judge before whom the case was tried addressed to my predecessor Mr Watson embodying his views of the case and ask that it receive such consideration at your hands as it may deserve. Should it be deemed expedient to appeal the case provision should be made at once for the employment of counsel to represent the City as well as to procure the necessary execution of the appeal bond required to be given. Very Respectfully George F Dinester City Attorney Alderman Wells offered the following resolution which was lost. Whereas This Council has heard the letter of Judge Walker read stating that he had made a full and thorough examin- ation of the question involved in the suit of Johns Vs The City of Austin and had decided that his opinion there was no doubt as to the correctness of his decision in rendering a judgment against The City and whereas our City attorney is disqualified by reason of his having been attorney for the plaintiff before he was elected City attorney to represent the City on appeal in this case and if the City were compelled to rely on him alone to represent her on appeal and in the event the City should lose the case in the supreme court it would be forced to pay a considerable amount of costs. Be it therefore Resolved by the City Council of the City of Austin That it is the sense of this Body that it is inexpedient on the part of the City to appeal said case and that the same shall not be done. --- Page break --- Alderman Hill offered the following resolution which was read second and third times under suspension of the rules and passed by the following vote, yeas alderman Schneider Duton Pilcow Hancock Will Campbell schuber Underhill Haas w Robertson Driskill Crooker. Odell Carrington & G. Robertson Hill Heath Irwin Brush and Burn Be it Resolved by the City Council of the City of Austin That the sum of $50.00 and the same is hereby appropriated to pay H. B. Barnhart for his services rendered and to be incurred in the case of C. D. Johns vs. the City of Austin lately decided in the district court of Travis County, and the question of whether or not, the appeal in said case to the supreme court be prosecuted be submitted to the professional order of said attorney Barnhart. Alderman Hill introduced the following resolution which was adopted. Resolved That the City attorney be and he is hereby instructed to report to the Council at its regular meeting what if any ordinance of the City are nugatory or of doubtful validity by reason of the affirmance in the penalties prescribed by the ordinance and the penalties prescribed for the same act by the state laws. Alderman Hill offered the following Resolution which was adopted. Resolved That the committee on streets be requested to enquire whether or not the telephone and telegraph companies having poles erected in the public streets of the City are using or permitting the use of such poles for purposes unauthorized by law and especially with reference to the use made thereof or of erection of frames thereon used as bulletin boards for bill posting and that said committee is instructed to report by ordinance or otherwise the necessary remedy for the correction --- Page break --- of any existing abuses of the rights of said Companies or either of them to erect and maintain such poles in the streets of the City Alderman & L. Robertson introduced an ordinance amending article 402 section 14. of the revised ordinances of the City of Austin in regard to nuisances The ordinance was read second and third time under suspension of the rules and passed by the following vote Yeas Aldermen Schneiden Buston Pillow Hancock Weile Campbell Schuler Underhill Maass J.w. Robertson Driskell Odell Carrington Peach Ervin Brush and Brennen Alderman Odell offered the following Resolution which was adopted Whereas That smoking in the City Hall during the meeting of the City Council is allowed to the discomfort of the members of the City Council Therefore be it Resolved by the City Council of the City of Austin That hereafter smoking tobacco be prohibited in the City Hall during the meeting of the City Council Alderman J w Robertson introduced an ordinance granting to Abner Taylor and and his associates permission to construct and operate a horse railway along congress avenue for the purpose of transporting stone and other material for the construction of the state capitol Alderman Crooker moved to lay the ordinance on the table motion to table carried by the following vote yeas alder men Buston Weile Campbell Schuler Underhill Maass Driskill Crooker & L. Robertson Hill and Brennen " Nays Aldermen Schneider Pillow Hancock J w Robertson Odell Carrington Peach Ervin and Brush 9. --- Page break --- The following named persons were nomin- ated and confirmed as members of the regular Police force of the City of Austin. E. R. Overstreet and T. R. Johnson as mounted Policemen George Kuckerson, Louis Morris, H. H. Harlison and H. B. Kinnry as regular Police officers 6 Hon J. W. Robertson Presiding The motion to adjourn was lost. The motion to postpone further election of police officers was lost. The following named persons were nomin- ated and confirmed as regular police officers of the City of Austin Bart De Long, M. M. Calverten Fred Peck, Fred Callahan, Williams Howr and C. F. Brown 6 An ordinance authorizing the assessor and collector of taxes to employ an assistant and fixing the salary of said assistant was called and read second time. The motion to suspend the rules and place the ordinance on its third reading was lost. Alderman Hancock offered the following resolution which was adopted In view of the coming visit to this City of Col. T. M. Hoppie I move that this council now appoint a special committee of three to confer with and urge upon him the pressing necessity that exists in this City for a larger and more commodious rail road depot than the Capitol of Texas now have and that said Committee take such action in the premises as may seen calculated to secure the boon referred to. His Hon J. W. Robertson appointed as the committee Aldermen Hancock, Brush and Brooker. --- Page break --- 431 His honor the Mayor appointed the following additional standing committees. Sewers. R.B. Birdwhistle. B.C. Wells. R.J. Hill Hospital. C.W. Crooker. Albrch Carrington & Schuler Water & Light. C. Lewis Hancock. R. Plank & W.J. Rutledge On motion this Council adjourned. Thomas D. Purnell City Clerk.