80 Regular Meeting of the City Council (Austin Tex December 01, 1884) Hon J W Robertson Mayor Presiding, Roll Call (Roll call present aldermen Johnscow Gillis Hancock, Wells, Campbell, Schubert Underhill Maae Warren Crooker Odell Carrington Howe Clark Brush Erwin Brunsen 17 Absent Aldermen Rutor Robertson Driskill 3 A.H. Clark Alderman Hill presented a petition from petition A. H. Clark asking that a fine of ten dollar imposed against him in the recorders court be remitted. Petition granted. J.P. Earhart The petition of J.P. Earhart asking that a fine petition of a fine imposed against him in the recorders Court for carrying a pistol was granted by a unanimous vote. Sexton for The report of the City sexton for Nov. 84 shows Nov 1884 Total deaths 44 white white 25 colored 19 Male 18 Female 26 Americans Referred to the Cemetery Committee Marshal The Report of the City Marshal for Nov. 1884 shows for Nov. 1884 Total arrests 177 Fines assessed $895. Cash from fines $895. worked out $355. Turned over to the County $880. Due by escapes & prisoners $365. Cash from back fines $945. worked out $175. referred to the Police Committee. Physician The report of the City Physician for Nov. 1884 was for Nov 1884 read and referred to the Hospital Committee Annual Annual Report of the City Treasurer for the report of Fiscal year ending Dec 1, 1884 referred to the Treasurer Finance committee Debits Balance on hand Dec 1st. 1883 $10469,71 Received from the assessor & Collector on act of advalorem tax 57,196.31 --- Page break --- 81 Rec'd from assessor col. on ac. of license tax 18,028.19 " " " " " " " Gen'l Fund 73,867.47 " " " " " " " Cemetery " 1,217.50 " " " " " " " Market Fund 635.70 76,448.68 Rec'd from mayor & Finance Committee thro' 1st Nat'l Bank Austin proceeds $28,000. borrowed in N.Y. $7,765.17 (Rec'd from W.T. Rhodes Atty, over collection in the Case) of L. P. & F. Erwin vs. City of Austin 113.78 Borrowed to pay July interest on the City Bonds $5,000.00 Proceeds of sale of 6 per cent bonds 800 each at 95cum $38,000.00 Rec'd from State of Texas on acct of school fund for the year ending Aug 31st 1884 50,407.50 Total $183,405.96 Credits County Fund pd. non interest warrants $72.18 Hospital " " " " $1,880.21 Paid check President of board of Trustees $1,077.75 Back debt fund pd. 6 per cent interest warrants $11,177.80 Int. non-interest warrants $1,633.22 General Fund Pd. non interest warrants $85,888.90 Int & Sinking on bonds pd. coupons on 10 per cent bonds $7,670.00 " " " " " 6 " " " $751.00 Bonds acct. pd. through 1st Natl. Bank of Austin 10 per cent bonds no 70 to 79 inclusive $11,300.00 10 per cent bond no 130 $700.00 School Fund Pd. A.C. Ludlow Treasurer of Austin Public Schools 55,407.50 Total $133,521.62 Cash balances Nov 20 1884 Hospital Fund $1,079.19 Cemetery " $2,040.49 Market " $1,002.20 Back debt " $190.83 Interest " $1,500.20 General " $44,636.65 $29,884.34 $183,405.96 J W Howard City Treasurer --- Page break --- 82 December 1st 1884 Report of the City Treasurer for the month ending Nov 30. 1884 Balance on hand Oct 31, 1884 $31,770.79 Received from A & C Co $2055.00 " State of Texas on account of School Funds $2,703.75 Total $36,529.54 Credits Paid now interest warrants $3,671.58 " check Hospital Trucks $2,111.89 " interest on bonds due July 31st for 10 per cent bonds $75.00 " to R E Ludlow treasurer of Public schools $14,141.01 Total $6,645.20 Cash balance Nov 30 1884 $9,888.34 Unappropriated Balance $2039.60 St. Com on The street committee submitted the following Ordinance to report on an ordinance to extend a bridge on extension of West Pecan St. report adopted Kingman st. To the Hon Mayor and Board of Aldermen Pecan st. of the City of Austin Your committee to whom was referred the within ordinance have had the same under due consideration and would most respectfully recommend that the ordinance as pass J Schutze Chairman Street Committee Report of special The following report was submitted, by the special Committee to settle committee appointed to adjust and settle the claim claim of the City Water Co against the City To the Honorable. The City Council of Austin Texas. Your committee appointed to adjust and settle the equitable claims of the City Water Company against the City to date with instructions to report its actions and recommendations, beg leave to report. 1st. That your committee, through its chairman and by individual members thereof, has conferred with said Water Company through its president and has solicited the cooperation of said Co. --- Page break --- 83 in and toward the adoption of some plan for arbitration or other equitable adjustments of the differences existing between the City and said Co. arising under the contract which said Company claims to have with the City That such solicitations have failed to secure such cooperation, or any proposition from said Company, enabling your committee to be instrumental in bringing about settlement of differences or relief from the unsatisfactory condition of the affairs between the City and the Company. the attitude of the Company through its president leading us to understand that the company is unwilling to yield to any demands of the City for reduction of the Company’s claims, or for any better assurance of the rights of the City, or of citizens than said contract now provides 3a. In the further discharge of its duties in the premises your committee has taken under advisement the status of affairs between the City and said Company and the Citizens of Austin, in so far as as the latter are affected by the action of this body in the premises with the view of submitting the recommendations of your committee as initiated as to the course most favorable for the City to pursue, and with out attempting to enumerate the facts or legal consequences of facts involved, Your committee would recommend that unless some more expressed and unambiguous concession of the privileges and rights of the City as well as the Citizens of Austin than is afforded by the terms of the contract now claimed by the Company, can be obtained, and satisfactory guarantees obtained that the past inadequacies of the water service will not recur, The validity and extent and interpretation of said contract ought to be subjected to judicial ascertainment. In other words, that the city ought in view of the grave complaints and doubts, as well as the vast interests involved, to resist payment under said contract. --- Page break --- 84 December 1st 1884 4th Your committee, in further discharge of its duty has endeavored to obtain by inquiry, as to the facts and law involved the necessary informations to enable it to recommend the course of defence and resistance best calculated to frame the end desired and in as much as the complaints, and as far as ascertained most satisfactory and material evidence affecting the questions involved applies to the present six months, viz. since July 1st, 1884. your committee and which might possibly be included in a contest upon the claim of the company for the period from January 1st, 1884, Your committee without in any manner vindicating the company as to complaints and objections arising during that term would recommend that the claim of the company for that term be paid and that resistance and defence be reserved against the claim for the current half year when made unless the equitable and just grievances of the City and citizens be remedia Your committee would further say they have had the benefit of repeated conference with the City Attorney and are much indebted to him for his assistance Lewis Hancock R J Hill Committee amend report Alderman Underhill moved to strike that part of the report recommending the payment of the water companys claim. Motion to strike out was lost by the following vote yeas Aldermen Peixow Campbell Schuber Underhill Nays Doerr Isaac Warren Crooker Oder Carrington, Hill Pleat Erwin Brush Bremen adopt report of Committee The motion to adopt the report was carried by the following vote yeas Aldermen Schneider Hancock Campbell Schuber Isaac Warren Crooker, Oder, Carrington Hill Pleat Erwin Brush and Bremen Nays aldermen Peixow Wells and Underhill, --- Page break --- 85 C Alderman. Crooken called up an ordinance Appropriating the sum of $5000.— for hydrant rental due July 1st/84. The ordinance was read second time Alderman Hill offered the following amendment which was adopted Amend section one by adding “Provided That, the allowance and payment of said sum shall not be a recognition of the validity of the contract, nor shall the same in any manner estop this city from disputing the validity or performance of said contract, nor interpose any defence it could have made had this payment never been made” The motion to suspend the rules and place the ordinance on its third reading was lost by the following vote yeas aldermen Hancock Wells, Maas, Warren, Crooken, Odell, Carrington, Hill Pleitz, Ervin, Brush, Brennen & Nays Aldermen Schneider, Qulow, Campbell, Underhill, Schuhard Alderman Hancock called up an ordinance entitled an ordinance providing for the extention of the bridge on each Pecan street between San Antonio & Nueces streets, and appropriating six hundred dollars therefor The ordinance was read second time then read third time under suspension of the rules and passed by the following vote yeas Aldermen Schneider, Qulow, Hancock, Wells, Campbell Maas, Schuhart, Warren, Crooken, Odell, Carrington, Hill, Pleitz, Ervin, Brush & Brennen Nays Ald Underhill Alderman Hancock offered an ordinance appro priating the sum of $480. to pay the compress Company for building a bridge over shoal creek on Pine street, The ordinance was read first time and then refered to the street Committee Alderman Odell introduced an ordinance appropriating the sum of $330.— to pay the interest. --- Page break --- 86 December 1st 1884 on its bonded debt of the City due Jany 1st 1885 The ordinance was read second and third times under suspension of the rules and passed by the following vote; Yeas Aldermen Schneider, Pillow, Hancock, Wells, Campbell, Schubert, Underhill, Maas, Warren, Crooker, Odell, Carrington, Hill, Platt, Ervin Brush & Brennen // Ord no 153 pay on pay roll 1884. The Finance Committee introduced an ordinance appropriating the sum of $8151.85 for the pay roll of the City of Austin for the month of November 1884. The ordinance was read second and third times under suspension of the rules and passed by the following vote; Yeas Aldermen Schneider Pillow, Hancock, Wells, Campbell, Schubert, Under hill, Maas, Warren, Crooker, Odell, Carrington, Hill, Platt, Ervin, Brush & Brennen, 17 $10000. for Market House Appropriat ed Alderman Ervin introduced an ordinance Appropriating the sum of $10000 for the purpose of building a market house on market square read first time and then refered to the Market house Committee Resolution compress & oil to lay before City Com bills & bridge Alderman Hancock introduced the follow- ing resolution which was adopted: Be it resolved, that the Compress company is hereby requested to lay before the street committee of the City Council the bills and vouchers for the erection of the bridge over Shoal creek, and that the City Clerk is hereby instructed to deliver a copy of this resolution to said Company to take up Ord $5050. hydrant rental Alderman Schneider moved to suspend the rules and take up an ordinance appropriating $5050. for hydrant rental due July 1st 1884 motion lost by the following vote yeas Aldermen Schneider, Hancock, Wells, Maas, Warren, Crooker, Carrington, Hill, Platt, Ervin, Brush & Brennen --- Page break --- 87 Nays Aldermen Pillow, Campbell, Scheiberl & Underhill, Alderman Hill moved to reconsider the adoption of the report of the Police committee on the petition of A.C. Goebel and that the report be not accepted and that the petition be referred back to the Committees motion carried On motion the Council adjourned F. L. Burwell City Clerk