503 Regular Meeting of the City Council Austin Texas, April 07, 1884 Hon W.W. Baylor Mayor Presiding. Raw was present Aldermen Schneider Pillow Hancock Willis Campbell Schuber Underhill Maas, J.W. Robertson Crooker Cowell Still Piatt Ervin Brush and Breweur Absent aldermen Sutton Grieschle Carrington and S. L. Robertson. On motion of Alderman Brush the reading of the minutes of March 24 1884 was dispensed with The petition of W.B. Salyers Foreman of Austin Hook and Ladder Co No.1. asking that the Council have a new floor put in their truck house and a bridge built at the gutter in front of said house was on motion granted. The petition of Mrs J.C. Smith owner of Lots 2 and 3 Block 99. was referred to the Street Committee. Petitioner asks that a culvert be built on the east side of Zacaca Street so that she can drain her lots. A petition was received from Citizens living in the Southwestern part of the City asking that some steps be taken to abate the nuisance of hogs running at large. Petition ordered filed. The Petition of C.B. Shepherd J.J. Erwin and A.E. Buchanan ex-execution of Agnes Gwuth deceased was read and referred to the Finance Committee Petitioners ask that they be relieved from paying to the City rent on part of the own walk leased to them and that said lease be cancelled. A Petition was received from Geo Dickie subcon tractor of the State Capitol asking that he be allowed to build and maintain in Peach Street two --- Page break --- 504 Jury fastennings for the purpose of holding placing said keeping certain derricks in position that are to be used in the construction of the State Capitol. Petition Granted. The following report of the City Engineer was read and referred to the Street Committee Austin Texas April 7th 1884 To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen I would respectfully call your attention to the condition of the bridges over little Shoal creek at the crossing of West Peach street, Walnut street and 9th avenue. and would respectfully report that when the bridges were built there was no pavement put in and the water is undermining the abutments and they are liable to cave in at any time Very Respectfully J.R.P. McFall City Engineer The following Report of the City Engineer was received and ordered filed Austin Texas April 7th 1884 To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Pursuant to a resolution passed at your last regular meeting directing me to examine and report the condition of the alley east of and parallel to Congress avenue through which the State sewer has recently been constructed would report that I have carefully examined the same and find said alley from the river to ash street in good condition from ash street along said alley to the Court house and thence to Congress avenue the Contractor of said State sewer left the dirt above the grade of said alley to guard against settling which the said Contractor is now having graded down properly Very Respectfully J.R.P. McFall City Engineer --- Page break --- 505 The following motthley reports of City Officers was read and referred Report of City Marshal for March 1884 Fines in Recorders Court $1,909.00 Cash from Fines 1,086.00 Fines worked out " and by escapes " unpaied Jury and Witness fees 168.00 Fines due by prisoners in jail 73.00 Total $1,759.00 The report of the City Marshal and City Clerk on fines were referred to the Police committee The Report of the City Physician for March 1884 was read and ordered filed The following report of the City Treasurer was read and referred to the Finance committee Report of the City Treasurer for the month ending March 31 1884 Balance on hand Feb 29 1884 $17,150. Received from assessor and Collector on account of adValorem Taxes 14879.10 Total $32,029.10 Credits Cemetery Fund Paid non interest warrants 15.00 Hospital Fund " " " 1009.50 General " " " 587.00 Interest " Paid coupons due Jan 1st 1884 78.00 Total $1,689.50 Balances March 31 1884 Back debt Fund $400.00 Market " $1,018.00 Cemetery " $671.19 Hospital " $1,159.81 General " $20,178.59 Total $23,350.59 Unappropriated Balances Cemetery Fund $460.00 Market " $1,018.00 Hospital " 98.11 General " $13,801.00 J. W. Howard City Treasurer --- Page break --- 506 The following report was received from the City attorney which was read and ordered filed Austin, Texas March 21, 1884 To the Hon Mayor and City Council Gentlemen I beg to report that in obedience to a resolution passed at your last regular meeting I have this day received from Francis B. Forster through his attorney the sum of $75.00 being the amount proposed by him for a release for himself and his securities on the official bond of Ed Creary City Marshal. The amount has this day been paid to the assessor and Collector as will appear by his receipt hereunto attached. Respectfully Geo. T. Pendeater City Attorney The report of the City Sexton for March 1884 shows total deaths 29. white 16. Colored 12. Mexican 1. Females 17. Males 12. Read and ordered filed. The Street Committee reported favorably on the ordinance to allow the Compress Company to build a bridge on Cedar Street over shoal st Creek The following report was received from the Finance Committee which was adopted To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your Finance Committee to whom was referred the resolution increasing the pay of City Policemen to $75.00 per month from and after April 1st 1884. Respectfully state that they have had the same under consideration and are of the opinion that at the present it would be unwise to increase the expenses of the City where it can be avoided. They fully appreciate the services of faithful officers but on account of the present condition of the finances of the City they cannot recommend that no increase of pay be granted at the present time. Very Respectfully J. N. Odell Lewis Hancock M Mace Finance Committee --- Page break --- 507 To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your Finance Committee to whom was referred the Petition of the Austin Gaslight and Coal Co. representing that by the terms of their Contract with the City of Austin that said Gas works together with all offices, buildings, lots, stocks, bonds, fixtures or appurtenances pertaining to said Gas works should be exempted from any and all taxation during the time they complied with the provisions of said contract have carefully considered said petition and beg leave to state that so far as it has come to their knowledge, there has been no breach of contract on the part of said Gas Company and would respectfully recommend that their petition be granted Very Respectfully J. K. Odell J. K. Haas Lewis Hancock Finance Committee Alderman Hill introduced the following Resolution Resolved by the City Council of the City of Austin That the City Assessor & Collector of the City of Austin be and is hereby instructed to cancel the assessment of Taxes against the Austin Gaslight and Coal Company for the Taxes for the year 1883 and that he be instructed not to reassess the same during the continuance of the Contract between the City and Said Company and that the Assessor and Collector is authorized to credit himself with the amount. The motion to lay the resolution on the table was lost by the following vote yeas Schubert, J.W. Robinson Plath Ervin and Brennen Nays Schneider Pillow Hancock Wells Campbell Underhill Maas Crooker Odell Carrington Hill & Burch. The Resolution was adopted by the following vote yeas Pillow Schneider Hancock Wells Campbell Haas Crooker Odell Carrington Hill & Burch Nays Aldermen Schuber Underhill Robinson J.W. Plath Ervin and Brennen --- Page break --- 508 The following report of the Finance Committee was adopted. To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your finance committee to whom was referred the petition of the Swedish Evangelical Lutheran church asking that taxes assessed against their church property for the year 1883 be remitted, beg leave to state that they have carefully examined into the merits of this petition and believe it to be just and we therefore recommend and that the petition be granted Very Respectfully J. H. Call H. Maas Lewis Hancock Finance Committee The following report of the Finance Committee on an ordinance referred to them in regard to paying for the City Clock tower was adopted. To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen We your committee on Finance to whom was referred the ordinance appropriating Two hundred dollars to reimburse Mr B. C. Wells for [illegible] town for City Clock and for repairing and keeping in repair the City Clock for the term of two years from January 1st 1884 beg leave to state that they have carefully examined into this matter but before making our report the claim was withdrawn we therefore recommend that the ordinance do not pass Very Respectfully J. H. Call H. Maas Lewis Hancock Finance Committee The following reported the Charity Committee was adopted. To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your charity committee to whom was referred the petition from Caryrile --- Page break --- My asking for relief would most respectfully ask to be excused from any further duty, pertaining to charity, as the members of the Committee are well aware that the City Treasurer is not able to do any thing for Charity. While we ever largely sympathise with the shooded sufferers, at the same time we have widows and orphans at home who have been time and again asked and prayed for alms at your hands and have been refused invariably We therefore most respectfully beg leave to return the same back to your honorable Body for further action Respectfully, J. Schubin, J. J. Campbell For Committee The following Report of the ordinance Committee was received and read To the Hon. Mayor & Board of Aldermen of the City of Austin. Gentlemen Your committee on Ordinances to whom was referred the accompanying ordinance relating to animals running at large in the City limits have considered the same and recommend its passage Respectfully J. Robertson R. Hill Ordinance Committee The following report was received from the special committee on streets in the award To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your select committee appointed to investigate into the condition of the award and the nature of the obstructions of the street of the same would most respectfully report that the obstructions is such as to work a hardship upon the residing tax payers an ordinance having been passed since the appointment of this committee authorizing the City Marshal to have said obstructions removed your committee have nothing to report so far as the same is --- Page break --- concerned except that we would suggest that the City Marshal be instructed to act under said ordinance as far as possible without delay In regard to the conviction of the east end of said ward we would report that action should be taken at once to provide away to conduct the water off of the same. In its present condition there is no outlet for the water that is thrown there from the eight and ninthwards which is very damaging to the owners of property therefore your committee would recommend that the accompanying ordinance be passed. Very Respectfully W. J. Brennan W. B. Brush P. J. Campbell A. R. Plath Committee The following report was received from the special Committee appointed to have stables built and purchased mules & cart &c, the report was read and [illegible] filed. To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen Your special committee which was appointed under authority of an ordinance appropriating $1000. to purchase mules carts harness and lumber. to erect a stable and etc passed March 3rd 1884 Beg leave to report that upon a thorough consideration as to the selection of a proper site for the proposed stable etc they thought proper to lay the following facts before your honorable body 1st The various sites on the river bank are subject to overflow during heavy freshets and the property of the City would be unsafe 2nd The locality being in a note neighborhood it would require a person to protect the property from theft and damage. Your committee would therefore recommend that the building be erected on the vacant lot & space of lots adjacent to the City hall for the following reasons --- Page break --- 511 1st The property would be better protected 2nd The City Prisoners could be employed to a better advantage during inclement weather, and especially the females and boy prisoners the two latter classes of prisoners being unemployed under the present system. 3rd The building could be built of fire proof material at a very little additional expense Your committee would therefore suggest the adoption of an ordinance amending the ordinance referred to. Very Respectfully submitted J. Schubert F. J. Gause M. M. [illegible] Committee Alderman Underhill introduced the following Resolution which was adopted To the Hon Mayor and Board of Aldermen of the City of Austin Whereas it is charged that E. D. Johns, City Recorder of the City of Austin did on the night of the 8 day of April 1884 in Kilberts Opera house use language and behavior unbecoming an officer of the City of Austin Therefore be it Resolved by the City Council of the City of Austin that a committee of Aldermen be appointed by the President whose duty it shall be to investigate the charges of misconduct of E. D. Johns recorder of the City of Austin at Kilberts Opera house on Saturday night April 5 1884 and to make a report to the City Council whether there exists a state of things requiring the notice, or any action of the Council Resolved further that said committee be empowered to call and examine and to report the facts found to speak with their recommendations His honor appointed as the Committee Aldermen Underhill J. Robertson Bruch Brennan and Wells An ordinance regulating the running --- Page break --- 512 at large of animals and creating a poundmaster and defining his powers and duties was called up and read second time and then recommitted to the ordinance committee. Alderman Hill introduced an ordinance pro hibiting the running at large of hogs within the corporate limits of the City of Austin. The ordinance was read first time and then referred to the ordinance committee. Alderman Hancock offered the following resolution which was adopted, Be it resolved by the City Council of the City of Austin. That the Treasurer be and he is hereby authorized and required to pay all outstanding 6 per cent warrants and interest thereon out of any money in the treasury not otherwise appropri ated Alderman Caddell was excused from further attendance at this meeting. The claim of N.S. Walton late City Attorney against the City of Austin for fees due him by the City which amount to $190.25 was referred to the finance Committee. The finance committee introduced an ordinance appropriating the sum of $50.83 to pay approved accounts. To that amount. The ordinance was read second and third times under suspen sion of the rules and passed by the following vote. Yeas. Aldermen Schneider, Pillow, Hancock, Wells, Campbell, Schubert, Underhill, Maas, Robertson, J.W. Crooker, Carrington, Platt, Erwin, Bruch, & Brannon. Alderman Hill excused from voting. The special committee submitted an ordinance amending an ordinance providing for the erection of a City stable, the amendment provides that that the stable may be located on the vacant lots of the City near the City market house and increasing the appropriation from $1000. to $1500. to carry out the provisions of --- Page break --- 513 The ordinance was read second and third times under suspension of the rules and passed by the following vote yeas Aldermen Schneider, Dillon, Hancock, Wells, Campbell, Schuber, Underhill, Maas, Robertson, J.W., Crooker, Carrington, Hill, Ervin, Brush and Brennen. Alderman Brush introduced an ordinance appropriating the sum of $300. to refloor Austin Hook and Truck House and to build a Bridge over the water at the entrance of said truck House. The ordinance was read second and third times under suspension of the rules and passed by the following vote yeas Aldermen Schneider, Dillon, Hancock, Wells, Campbell, Schuber, Underhill, Maas, Robertson, J.W. Crooker, Carrington, Hill, Heath, Ervin, Brush and Brennen. The Capital Gas Light and Coal Company submitted a proposition to light the streets lamps for three years, at $7.50 per light per month referred to the water and gas com mittee. The motion to adjourn was lost. On motion of Alderman Maas the Mayor was authorized to extend the time of the Contract of the Austin Gas light and coal Co to light the street lamps at the same price per lamp as called for by said con tract. The motion to proceed to elect Policeman to fill vacancies on the Police force was adopted. Aldermen Crooker, Hancock & Dillon were appointed as tellers. The motion that each Alderman vote for five names at one vote that the persons receiving the highest number of votes be declared elected, was adopted. The following names were placed in nomination and received the following vote --- Page break --- 514 R. A. Boyce 17 votes C. Lawson 8 " J. W. Johnson 13 " J. W. Bracken 11 " Geo. W. Hankins 6 " J. Bruggerman 4 " L. C. Lock 4 " P. E. Richardson 8 " W. W. Darrell 4 " Jos. Conley 1 " J. W. Patterson 1 " R. A. Boyce J. W. Johnson and J. W. Bracken were declared elected police officers of the City of Austin. The City Clerk was instructed to cast the vote of the Council for C. Lawson and P. E. Richardson who were declared elected police officers of the City of Austin. On motion the Council adjourned Read and approved June 16 1884. J. L. Burnell City Clerk