432 Regular Meeting of the City Council Austin Texas January 07, 1884. Hon W M Washburn Mayor Presiding. Roll call present Aldermen Schroeder Autor Pillow Hancock Gillespie Campbell Schubert Maas Dickie Odell Carrington Hill Clark Erwin Brush and Brannen. 16 Absent aldermen Underhill J W Robertson Crooker and J W Robertson. Minutes of Dec 17" 1883 read and approved. Alderman Maas moved that the regular order of business be suspended and the Council consider the Question whether or not the case Johns vs the City shall be appealed. Motion adopted. Alderman Hill offered the following resolution Resolved by the City Council of the City of Austin First That H. B. Barnhart Esqr be employed as special attorney for the City of Austin in the case of C D Johns vs the City of Austin lately decided in the District Court of Travis County. 2d. That said attorney be instructed to prosecute an appeal of said cause to the Supreme Court. 3d. That the City of Austin is hereby pledged to indemnify such persons as may become sureties upon the appeal bond in said cause from all liabilities they may thereby incur. 4th. That the sum of fifty dollars is hereby appropri ated to be paid attorney for his services to be render ed in said cause in the Supreme Court. The motion to suspend the rules and place the resolution on its second reading was lost by the following vote, yeas aldermen Schroeder Autor Pillow Hancock Campbell Maas Odell Hill Platt Erwin and Brannen Nays Aldermen Wells Schubert Carrington and Brush. A Petition was received from C E Anderson asking the Council to allow him to build a side walk in front of his property on Pecan street out of 8 inch plank instead of Stone gravel or Cement as required by an ordinance providing for pavement on said street. Referred to the street committee. --- Page break --- a Petition of Dan Sterging asking the Council to relieve him from the paying the full amount of a license issued to C. Dyer. and not paid for by him Referred to the Finance Committee A petition was received from citizens on Pecan Street requesting the Council to remove the hydrant at the corner of Colorado and Pecan street used by the street sprinkler as the same was a nuisance. Referred to the water and Gas Committee The petition of a Mr owner asking that he be allowed to make some necessary repairs on the gallery attached to the Avenue Hotel was rejected indefinitely. Alderman Plath in the Chair a proposition was received from DeCordova and Son proposing to sell to the City 30 acres of land near the residence of Mrs Rose Place for Cemetery purposes Referred to the Cemetery Committee a Petition was received from R. J. Carroll asking for pay of a mule that broke its leg in a bridge of the City. Alderman Pilan moved that the petition be referred to a Committee of 3. motion adopted. His honor Alderman Plath appointed on the Committee Pilsen Kancock and Rutan Alderman Odell submitted a proposition from EwShande and Don to sell to the City one hundred and four acres of land on the eastern limits of the City for Cemetery purposes. Referred to the Cemetery Committee a petition was received from citizens of the fifth ward asking the Council to locate a hydrant in the northwestern part of said ward for fire protection Referred to the fire committee --- Page break --- 434 The report of the City Treasurer for Dec 1883 was read and then referred to the finance Committee. The reports of the City Marshal for Dec 1883 was received read and referred to the Police Committee. Fines assessed in the recorders Court for Dec 1883 $197.60. Fines Collected in cash $105.00. Fine worked out $92.60. The report of the City Sexton for Dec 1883 was read and referred to the Cemetery Committee. The report of the City Physician was read and referred to the Hospital Committee. Hon W. A. Saylor Mayor Presiding The following report was received from the City attorney which was read and referred to the ordinance Committee. City attorneys Office Austin Tex January 7th 1884 To the Hon City Council of the City of Austin Gentlemen In obedience to a resolution adopted by your honorable body at its last regular meeting directing me to report which ordinances of the City of Austin are in conflict with the laws of the State of Texas I beg leave to say First that the Charter of the City of Austin fixes the minimum fine for the violation of an Ordinance at $3.00 and the maximum at $100.00. Second that Art 896 of the code of Criminal procedure of the State of Texas provide among other things that no ordinance of a town or City shall be valid which provides a less penalty for any act omission or offense than is prescribe by the statutes where such act omission or offense against the state" so it will be readily seen that when the legislature has imposed a penalty exceeding $100. for the Commission of an offense it will be impossible for your honorable body to pass an ordinance covering the same subject matter. --- Page break --- 435 There are a number of ordinances now in force which cannot be executed for the reason stated nor indeed can some of them be amended as to be made operative. Among the number thus defective I will mention the ordinances against gaming disorderly houses and malicious mischief. There are other ordinances subject to the same objections and in my opinion the only way to effect a reconciliation between the laws of the state and the ordinances of the City and thus give effect to the latter will be an amendment of the Charter of the City empowering the Council to increase the maximum penalty for the violation of an ordinance to say $500. This relief cannot be granted at this time as the matter has not been called to the attention of the Legislature by proclamation by the executive of the state. I will therefore state in conclusion that I will from time to time submit to your honorable body for consideration amendments to such ordinances as in my opinion can be rendered harmonious with the laws of the state on the same subject. A revision of the City code should be made but it could only partially cure existing difficulties in the absence of an amendment to the Charter as above suggested. Respectfully Geo. V. Pendexter City attorney. The following Report was received from the Street Committee which was adopted on motion of alderman [illegible] that the Clerk was instructed to furnish the City Marshal with copies of the report and that the marshal serve the telephone and telegraph companies each with a copy and notify all parties obstructing the streets to remove all obstructions at once. To the Hon Ed Gaylor mayor and Board of Alderman. Your committee to whom was --- Page break --- 436 referred the resolution offered by Alderman Hill to inquire whether or not the telephone and telegraph Companies having poles erected in the 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 thereof. Have had the same under consideration and beg leave to report as follows. We are of the opinion that it is a question for the executive and judicial branch of this government to make the inquiry that they are obstructions. ascertain who placed them there or by what authority, can be ascertained by the officer charged with that duty. Not only are they obstructions but they are in contempt of the Fire ordinance. The only question, it seems to your committee is are they obstructions and if so enforce the ordinance making it a penalty for such offenses. we believe no individual or company has the right or do we find any authority in this government or any part of it to grant such provis- ions and we are clearly of the opinion that no such power is conferred by the charter. Streets are the property of the general public and held in trust by the municipality for the use of the public and no individual or corporation has the right or is authorized to use the same for purposes other than that for which they were dedicated. Every individual in the City has a vested right to a free and unobstructed pathway over all the streets of Austin and is a clear interference with the vested rights granted by the Constitution and in the duty of the executive branch of this government to see to it that they enjoy that privelege. But why select this particular class of obstructions. There are others and we think of a graver character than the ones contained in the resolution. Houses have been built on our streets and public walks. Railroads have been constructed along and across our public streets without --- Page break --- permission or even asking permission from the City Council structures have been placed on our most crowded streets in violation of the fire ordinance and ordinance against obstructing the streets Your committee would the resolution Therefore most respectfully refer the resolution back to your honorable Body and respectfully ask to be discharged from further consideration of the same A Clark Chairman John S. Drishill J. W. B. Reich Street Committee Alderman Brannen was excused from further attendance at this meeting The following Report was received from the Street Committee which was adopted Austin Jany 3d 1884 Hon W. A. Saylor Mayor of the City of Austin Your Committee on streets to whom was referred an Ordinance appropriating three hundred dollars to grade mesquite Street and build a bridge on said street would most respectfully beg leave to report that we have had said Ordinance under our consideration and would recommend that the amount asked for be allowed we would also report that we deem it necessary that the City build a bridge on Pine street over Wallen Creek and offer and ordinance (as a substitute for the ordinance referred) appropriating the additional sum of Three hundred dollars to build the bridge on Pine street and would recommend that the substitute ordinance be adopted and passed by your hon orable Body. Further that the report of the City Engineer be approved and that he take such action in regard to the preservation of Lots Block 1 and 2 and of the the street and alley adjacent thereto also such bridges be repaired as may be necessary and that the bridges over wallen creek be repaired at once. --- Page break --- 438 The following Report was received from the Printing Committee which was adopted. To the Hon Major and Board of Aldermen of the City of Austin. Gentlemen Your Committee on printing beg leave to report that in compliance with article 441 of the ordinance of the City the following awards for printing were made by the Committee E. J. K. Tracy, Business Manager. First Class C. E. Von Boeckmann, Second Class. Respectfully, H. Evans. B. E. Wells. Printing Committee. Alderman Erwin submitted the report of the City Sexton for Nov 1883 and moved that it be adopted and ordered filed. adopted. Alderman Brush called up an ordinance granting to Mr. D. Mather and his associates the right to erect poles in the City of Austin for the purpose of suspending wires and con structing a system of Electric light in the City. The ordinance was read third and passed unanimously. Alderman Brush called up an ordinance authorizing the assessor and Collector of Taxes, to employ an assistant and fixing the salary of said assistant at $900 per annum. The ordinance was read a third time and passed by the following vote. Yeas Aldermen Schroider, Sutor, Pillow, Kumek, Wells, Churchill, Gruber, Evans, Odell, Carrington, Erwin and Brush. Nays Aldermen Hill and Plank. Alderman Brush introduced an ordinance levying a license tax for the year 1884 on the keepers of livery and feed stables and the owners and proprietors of hack omnibuses and other vehicles. The ordinance was read second and third time under suspension of the rules and passed by a two third vote. The following report was received from the finance committee which was adopted. --- Page break --- 439 To the Honorable Mayor and Board of Aldermen of the City of Austin Gentlemen We the undersigned Committee to whom was referred the petition of the several fire companies of the City of Austin asking for an allowance of $80. per month for incidental expenses of said Companies, beg leave to state that they have had the same under con sideration and recommend that the same be granted and also recommend the passage of the accompanying ordinance appropriating the amount as prayed for in the petition Very Respectfully J. M. Odell Tho. Hood Lewis Hancock Finance Committee The Finance Committee introduced an ordinance appropriating the sum of $80. per month for each of the Companies of the Fire department beginning Nov 1. 1883. The motion to suspend the rules and place the ordinance on its second reading was lost. The Finance Committee introduced an ordinance appropriating the sum of $1698.29. to pay approved accounts to that amount. The motion to suspend the rules and place the ordinance on its second reading was lost. Alderman Hancock introduced an ordinance appropriating the sum of $174.72 to pay the payroll for the month of December 1883 The ordinance was read second and third time under suspension of the rules and passed by the following vote. Yeas: Aldermen Schrader Lutor Pillow Hancock Webb Campbell Schuhrn [illegible] Odell Carrington Hill Platt Evans and Brush. The Mayor presented the official bonds of the following City officers Bond of Fred Stagey Assessor and Collector Bond of Howard, City Treasurer Bond of P. [illegible] Fall City Engineer Bond of E. S. Kitzmiller City Sexton Bond of J. S. Purnell City Clerk --- Page break --- 440 The Council authorize the Mayor to approve the bonds of City officers. Alderman Clark offered the following resolution which was laid over Whereas the burial grounds heretofore purchased for a Cemetery are exhausted and citizens are in need of ground for that purpose and Whereas it is important that necessary grounds be purchased at once for the interment of the dead Therefore be it Resolved by the City Council of the City of Austin That the Mayor and Cemetery Committee be and are hereby authorized and empowered to enter into negotiations and purchase such grounds as in their judgment may be necessary for the future use of the City of Austin and when a majority of said Commission has or selected and purchased said grounds the Mayor is hereby authorized and empowered to enter into obligations for the payment of the same and the Mayor in conjunction with the Cemetery Committee are hereby instructed to immediately thereafter take steps to have the same enclosed and laid off in such blocks and lots walks and spaceways as may be deemed best for the advantage and future embellishment of the same. Thos L Burnet City Clerk Read and approved Jan 7, 1884