311 Regular meeting of the City Council Austin Texas January 18. 1886. Hon. J. W. Robertson, mayor presiding. Roll Call - Present: Roll call Aldermen Pillows, Anderson, Campbell, Schuler Northam, Chill, Corwin, DeGress, Cummings, Ervin and Walker - 11. Absent: Aldermen Schneider, metz, Brush, Warrens Crooker and Holman - 6. Minutes adop- ted. On motion of Alderman Anderson the minutes of the meeting of January 4. were adopted as printed. Canvass returns of 4th + 5th Wards. On motion of Alderman Pillow a Committee of three Aldermen was appointed to Canvass the returns of the Special elections held in the 4th and 5th Wards. January 5. 1886, and the 10th. Ward January 18. 1886. to fill vacancies existing in the board of Aldermen from Said Wards. The following named aldermen were appointed as Such Committee: DeGress Anderson, and Campbell: (Alderman metz came in.) Returns 5th ward not signed no tally Sheet Alderman DeGress rose and reported that the returns of the 5th ward were not officially signed, and that no tally Sheet accompanied the same. 5th Ward Box opened Alderman Pillow moved that the ballot box of the 5th Ward be brought into the Council Chamber and opened by the Committee, and that one tally Sheet be taken out. Adopted. The Committee Complied with the motion, resealed the box and Counted the votes Cast for aldermen in Said wards, and reported verbally the following result: Result Votes Cast in the 4th Ward - C. S. Caldwell 81 Jno W. Kelley 56 Caldwells majority 35 " Votes Cast in 5th Ward August Giesen 57 H. E. Shelley 49 Sam P. Cordova 19 Giesen's plurality 8 --- Page break --- 312 Jany 18th/1886 Votes Cast in 10th Ward F. E. Jones 173 Herman Schmidt 90 Scattering 7 Jones' plurality 83 His Honor mayor Richards an; declared the following named persons duly elected aldermen of their respective Wards: Caldwell, Giesen & Jones declared elected C. G. Caldwell 4th Ward. August Giesen 5th Ward. F. E. Jones 10th Ward. On motion the Committee was discharged. Aldermen Schneider, Brush, Warren and Crooker came in. Sworn in A motion was made, adopted and Complied with requesting the newly elected aldermen to Come forward and be sworn in. Petition Citizens 7+8 wards water trough Petition of Citizens of the 7th and 8th wards, asking for an iron trough at the Corner of Waller and Mesquite streets in place of the wooden one now in use was read. Alderman De Gress presented the following resolution which was adopted. Resolution locating water trough on Relating hire Resolved, That the City Engineer of the City of Austin is hereby directed to place an iron water trough at Corner of mesquite and Waller streets in place of the wooden trough now in use. Claim Jock Goodman A Claim of Jock Goodman for $46 for services as detective, was presented and referred to police Committee. petition Citizens 4+5 wards for lamp Alderman Warren presented a petition of the Citizens of the 4th and 5th wards asking for location of a street lamp at the intersection of Colorado street and north avenue. Referred to Water and Gas Committee. Petition E. C. Bartholomew A petition by E. C. Bartholomew. approved by L. M. Crooker and J. P. Schneider, Fire Committee; S. W. French Chief A. F. Dept, Wm Von Rosenberg asst Chief A. F. Dept; A. Giesen, Recorder A.F. Dept; Jas A. Nagle, foreman W. F. Co No. 1; S. K. Marley, foreman C. F. Co No. 2; W. H. Salge, foreman A. H. & L Co. No. 1 R. F. Smith foreman P. H. & L Co. No. 3; asking permission to place a tin roof on the one --- Page break --- 313 Jany 18th 1886 Story house on lot 6, block 123, City of Austin. On motion the petition was granted. Petition remove obstruction Alderman Erwin presented a petition of Citizens of the nineth ward, asking that an obstruction placed in the alley running east and west in block No 63 be removed at once. A motion was made and adopted instructing the City engineer to remove the obstruction and open the alley. Petition M. H. White A petition by M. H. White, asking for an increase of pay while in the employ of the City as Special Detective, was presented and referred to police Committee. C. F. Hill to Sell Cemetery A proposition by C. F. Hill, agent, to sell 78 Acres to the City for Cemetery purposes, was presented and referred to Cemetery Committee. Petition Geo Hulse Alderman Walker presented a bill in favor of Geo Hulse for an increase of $2.50 per day for use of Store house as election place December 7, 1885 and January 18, 1886. Laid Over. The following report was presented and read: Austin Texas, Jan. 15, 1886. Of the River Walk To the Hon City Council: Gentlemen – The Communication of Hon. S. H. Darden, Superintendent of public buildings, etc., of the State of Texas, addressed to Alderman H. B. Walker, complaining of the action of the City Council in granting to Olly and Wright the privilege of erecting a house on the River Walk, has been handed to me. At the request of Mr Walker I called on the attorney general to ascertain what action the State proposed to take to make good its assertion of title to the property in dispute. He was just on the eve of leaving the City, and informed me that he had not found time to investigate the questions involved, but would do so on his return. When he shall have acted and advised the Superintendent of public buildings, I will Communicate to the City Council my views as to the powers of the City in regard to the use of the River Walk, I would do so now, but understand from Mr Walker that he desired me to first --- Page break --- 314 Jan. 18th, 1886. ascertain what the attorney general advised in the premises. Very Respectfully Geo F. Pendexter. City Attorney. The following report was presented: Austin, Jan. 12, 1886. City Atty. about To the Honorable City Council: A. M. C. Nixon Claim Gentlemen - I beg to call your attention to the Case of A. M. C. Nixon vs. the City of Austin pending in the County Court. This suit is based upon a Claim made by Mr Nixon for $213 being the Value, as he alleges, of plans, drawings, Specifications and estimates made by him under a resolution of the City Council, a Copy of which I hereto attach. I do not believe that the City will be able to defeat a recovery of the full Amount Claimed, and as that seems to be about the only question involved, it appears to me that it would be to the interest of the City to effect a Compromise. I am informed by Mr Nixon that he is willing to take $175 in satisfaction of his demand, and unless there exists some reason of which I am not advised why this Claim should not be paid, I would advise a Settlement at that figure Very Respectfully Geo. F. Pendexter. City Attorney. On motion of Alderman DeGress the report was referred to the finance Committee with instructions and power to Compromise and make a final Settlement of the Claim, and that they report to the next regular meeting of the City Council. Verbal report Alderman Schuber for Street Committee On petition D.M. reported Verbally on petition of D. M. Wilson Wilson + others and associates for right of way to build a street railway. Laid over till later in the session by motion of Alderman DeGress. Comtee on The following report was presented by printing report Alderman Walker: Austin, Jan. 18, 1886. --- Page break --- 315 Jan 18th/86. To The Hon. Mayor and Board of Aldermen: Gentlemen- Printing Comtee report Your Committee on printing would say we have examined the accounts of the five newspapers of the City for printing and publishing the report of the mayor On the Condition of the City during his last administration, and find them much above what they could have been contracted for before publishing. At our earnest solicitation two have reduced their accounts. The Statesman from $196.20 to $150.00 the Austin Citizen from $100.00 to $78.48, which we have approved. We also approved the accounts of the two German papers for $76.00 each, as they had to translate from English to German. The Dispatch refused to reduce their account, saying they would sue the City if not paid. We did not approve the account of the Dispatch, but ask instructions from the Council what disposition will be made of it. Respectfully Submitted Dr. B. Walker B. B. Pillow. Approve Dispatch bill A motion was made and adopted requesting the printing Committee to approve the account of the Dispatch. Comtee report on marshal's Decd. report Report of police Committee on the City marshals report from December 1st to 21st, 1885, inclusive: Hon J.W. Robertson: Sir-Your Committee on police to whom was referred the within report, have examined the same and find the same correct Respectfully, J.P. Schneider, C.E. Anderson C.S. Metz. The report was adopted. Comtee on claim of W.M. Barnwell Report of police Committee on the claim of W. M. Barnwell for $50 reward for the arrest of Jack Combo: Hon J.W. Robertson: Sir-Your --- Page break --- 316 Jany 18th 1886. Committee on police to whom was referred the within petition of W. M. Darnwell recommend that the Same be not allowed. Respectfully J. P. Schneider, C. E. Anderson, C. S. Metz The report was adopted. Report of police Committee on Claim for $250 - for arrest of Jack Combs; Hon. J. W. Robertson; Wm F Luckie Claim Sir- Your Committee on police to whom was referred the within petition of Wm F. Luckie recommend the Same be not allowed. Respectfully, J. P. Schneider, C. E. Anderson, C. S. Metz The report was adopted. The following report was presented by Alderman Wortham; Ord: Comtee report on petition to suppress gambling +c +c. Austin, Jan. 18, 1886. To the Hon. Mayor and City Council: Your Committee On Ordinances, to whom was referred a petition by Citizens asking the suppression of gambling and bawdy houses and regulation of Saloons, beg to report that we have had the Same under consideration, and find in existence an Ordinance for the suppression of gambling and other games of Chance, but which, because of unconformity to the State laws and rulings of the higher Courts, is inoperative. This Ordinance is substantially the Same as the State gambling law, excepting the penalty is lower, and therefore Cannot be made to hold. We also find an Ordinance forbidding the Sale of liquor or other intoxicating drinks to minors, habitual drunkards, or anyone within the Scolastic age. --- Page break --- 317 Jan 18th 1886. Also Ordinance defining disorderly houses and providing for the prosecution and punishment of the keepers of such houses. Also an Ordinance making professional gamblers and prostitutes Vagrants, and providing for fining same. Also an Ordinance requiring all Saloons to close at 12 o'clock at night, and penalty for violation. As the Ordinances are soon to be Codified and submitted to the Council for adoption, your Committee would recommend that the Codifier be and is hereby instructed to remove all Conflicts of the City Ordinances with the State laws, by making the penalties of the Ordinances Conform to the penalties of the State laws and rulings of the higher Courts. And your Committee would also Suggest that the City marshal be and is hereby requested to report, in writing, to the mayor and City Council, at any time, in what respect, if any, the present City Ordinances are inadequate to the peace, quiet and good government of the City. We are of the opinion that when the Ordinances now in existence are made to agree in fines and punishment, with the State laws, and the Same Strictly enforced, the ends sought by petitioners will be accomplished. All of which is respectfully Submitted. W. B. Northam. T. J. Campbell. J. C. De Gress. Ordinance Committee The report was adopted. Alderman Cummings Offered the following resolution. Resolution to locate gas pipes etc Resolved 1st That the mayor appoint a special Committee of five aldermen, whose duty it shall be to ascertain on what Streets gas pipes are now located, and on what Streets they deem it necessary that additional pipes be laid for the purpose of establishing Street lamps for the Convenience --- Page break --- 318 Jan. 18th 1886. and protection of the people of this City, 2d. That this Committee is further authorized to Confer with the Austin Gaslight and Coal Co. and Capital Gas Co. regarding the laying of additional pipes, and report to the City Council at the next meeting whether either of Said Companies, or both are prepared and willing to lay said pipes, together with the furnishing of Such lamps as may be required to meet the present demands of the City. 3d. That Said Committee, by proper consultation with the aldermen of the different wards and the Citizens, determine the number and location of the various lamps that may be obtained under Contemplated agreement with said Companies, and so report to the City Council. Alderman DeGress moved to adopt the resolution. Carried. Spl. Comtee The following named aldermen were appointed as the Special Committee. Cummings, Wortham, Anderson, Caldwell and Walker. Alderman Pillow presented the following resolution: Locate water Resolved, 1st. That the Mayor appoint mains a Special Committee of three aldermen, whose duty it shall be to ascertain on what Streets water mains are now placed, and on what Streets they deem it necessary that additional mains be laid for the purpose of erecting fire hydrants for the protection of the property of Citizens of this City. 2nd. That this Committee be directed to Confer with the aldermen of the several wards and determine the number and location of hydrants necessary to provide adequate protection to property, and report to this Council at its next meeting. Amended. Alderman Warren moved to amend Section one by striking out "three" and inserting "five", etc. Adopted. Referred to Alderman Cummings moved that the resolution Same Comtee be referred to the Special Committee appointed --- Page break --- 319 Jan. 18th 1886. under his resolution to investigate the laying of additional gas pipes, etc. Adopted. Alderman Wortham Submitted to the Council the Resolution repair ditch following resolution. Resolved, That the City Engineer be instructed to examine the ditch running through the City Cemetery and, if in need of repairs, Report to the City Council at its next regular meeting what such repairs will Cost. Adopted. A bill against the City of Austin, in favor Water bill of the City Water Co. for $2,463.33 for water referred used by the City, was presented and referred to the Water and Gas Committee. Alderman Odell offered the following Ordinance: Repeal Spl. An Ordinance repealing an Ordinance passed police ord. Dec. 25, 1885 authorizing the appointment of thirty additional policemen. Be it Ordained by the City Council of the City of Austin: Section 1. That the Ordinance authorizing the appointment of thirty additional policemen, passed Dec. 25, 1885, and approved Dec. 25, 1885, be and the same is hereby repealed. Sec. 2. That this Ordinance take effect and be in force from and after its passage. Alderman Cummings moved to Suspend the rule and place the Ordinance on its second reading. The motion prevailed by the following Vote; Yeas-Schneider, Metz, Anderson, Brush, Campbell, Schuber, Giesen, Warren, Wortham, Odell, Crooker, Corwin, DeGress, Cummings, Irvin, Walker and Jones - 17. Nay. Caldwell - 1. To table Alderman Anderson moved to lay the Ordinance on the table. To lie on Alderman DeGress moved to let the table Ordinance lie on the table Subject to Call. Lost. Tabled Alderman Anderson's motion to table the Ordinance was adopted. --- Page break --- 320 Jan. 18th 1886. Alderman Odell offered the following Ordinance: Ord. to pay An Ordinance making an appropriation for Jan. roll. the pay roll of the City for the month of Jan. 1886, & approved and for the payment of approved Claims. Claims. Sec. 1. Be it Ordained by the City Council of the City of Austin, That the Sum of . . . . . . dollars, or so much thereof as may be necessary be and the same is hereby appropriated out of any moneys in the City treasury, not otherwise appropriated, for the pay roll of the City for the month of Jan. 1886, and for the payment of approved Claims. The Ordinance was read and a motion made to suspend the rules and place the Ordinance on its second reading was adopted by the following vote; Yeas Schneider, Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Northam, Crooker, Odell, Corwin, de Gress, Cummings, Erwin, Walker and Jones 19. Amended. The Ordinance was then read by Sections. Alderman Odell moved to amend Section One by adding, For Daily Dispatch $100 adopted. Amended. Alderman Walker moved to amend Section One by striking out "Ten dollars for paying Judges of election and room rent in the Tenth Ward, Dec., 7th 1885 and Jan. 18, 1886, and inserting $7.50 adopted Amended. Alderman Giesen moved to amend Section One by adding $100 for the months of Nov. and Dec. to each of the following bills: Austin H&L Co. No. 1, Washington St. F. E. Co. No. 1 Protection H&L Co. No. 3, and Colorado St Fire E. Co No. 2. Adopted. Caption No objection being made, the sum of $13,422.99 was inserted in the Blank space in the Caption. On motion the rules were further suspended and the Ordinance placed on its third reading Passed and final passage, and passed as amended by the following vote: Yeas Schneider, Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Northam, Crooker, Odell, Corwin, de Gress, --- Page break --- 321 Jan. 18th 1886. Cummings, Ervin, Walker and Jones-19. Alderman Campbell presented the following resolution: Power to Be it resolved by the City Council of the diminish no. City of Austin, that the mayor and marshal of the Spl. police City of Austin, Shall, whenever in their opinion the public welfare demands it, drop the special policemen from the roll until the force is reduced to the regular standard. Amended Alderman DeGress offered the following proviso: Provided that all special policemen be dropped by February 15th. Tabled amend. On motion the proviso was tabled and the Original adopted original resolution adopted. The following ordinance was presented by Alderman Ervin; $1000 - To enclose An Ordinance appropriating one Cemetery. thousand dollars for the purpose of enclosing the City Cemetery. Be it Ordained by the City Council of the City of Austin: Sec. 1. The sum of one thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the City treasury not otherwise appropriated, for the purpose of enclosing the Cemetery with a good and substantial fence. Sec. 2. This Ordinance shall take effect and be in force from and after its passage. Alderman DeGress moved a suspension of the rules to place the ordinance on its second reading. Adopted by the following vote: Yeas-Schneider, Metz, Pieck, Anderson, Brush, Campbell, Dohrer, Caldwell, Giesen, Warren, Northam, Crooker, Odell, Corwin, DeGress, Cummings, Ervin, Walker and Jones -19. Amended Alderman Odell suggested that section 1 be changed to read "out of the 'Cemetery fund'", instead of "out of 'any money'" etc., No Objection being raised the change was made. --- Page break --- 322 Jan. 18th 1886. amended Alderman Campbell moved to amend Section 1 by adding "The Cemetery Committee Shall prepare plans and advertise for bids". The amendment was adopted. On motion, the rules were further suspended, Passed and the Ordinance placed on its third reading and final passage, and passed as amended by the following Vote; Yeas - Schneider, Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, De Gress, Cummings, Ervin, Walker and Jones-19. Business hours Alderman Walker submitted an Ordinance for Saloons making it a misdemeanor to keep open a Saloon, barroom, or place where intoxicating liquors are sold, or kept for sale later than twelve o'clock at night. A motion to suspend the rules and place The Ordinance on its second reading was made and adopted by the following Vote; Yeas- Schneider, Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen Warren, Wortham, Crooker, Odell, Corwin, De Gress, Cummings, Ervin, Walker and Jones-19. The Ordinance being read a second time amended Alderman Walker moved to amend the Caption and Section 1 after the word night to read "or to open the same earlier than five o'clock a.m. The amendments were accepted. On motion, the rules were further suspended Passed. and the Ordinance placed on its third reading and final passage, and passed as amended by the following Vote: Yeas-Schneider Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, De Gress, Cummings, Ervin, Walker and Jones-19. Ord. grade Alderman De Gress presented an Ordinance Mesquite St. providing for the grading and putting in proper condition of Mesquite Street. --- Page break --- 323 Jan. 18th 1886. Referred st. Alderman Warren moved to refer the Comtee. Ordinance to the Street Committee. The motion was adopted by the following Vote Yeas Schneider, Metz, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Walker and Jones-15. Nays Corwin, DeGress, Cummings, and Ervin-4. "Stand" for Alderman DeGress presented an Ordinance wagons etc designating a "Stand" for Vending of wood, hay and poultry brought to this City on wagons. Suspend rules Alderman DeGress moved to suspend the rules defeated and place the Ordinance on its second reading. The motion was defeated by the following Vote; Yeas-Schneider, Metz, Pillow, Brush, Wortham, Crooker, Odell, Corwin, DeGress, Cummings, Ervin, Walker and Jones-13. Nays- Anderson, Campbell, Giesen, Schuber, Caldwell and Warren-6. Right of Way Alderman Pillow introduced an ordinance granting to D. M. Wilson the right of way over the Streets of the City of Austin & others to D. M. Wilson, Joseph Nalle and others, for the purpose of Constructing and Operating a line of Street railway. The ordinance was read. Alderman Pillow moved to suspend the rules and place the ordinance on its second reading. Adopted by the following Vote; Yeas-Schneider Metz, Pillow, Anderson, Brush, Campbell, Caldwell, Schuber, Giesen, Warren, Wortham, Crooker, Odell, Corwin, DeGress, Cummings, Ervin, Walker and Jones-19. Print & postpone Alderman Campbell moved to have the ordinance printed and postponed till next meeting. defeated. On motion of Alderman DeGress, the motion to postpone and print was defeated. Postpone Alderman Schuber moved to postpone Consideration of the Ordinance till next meeting. Carried The motion was adopted by the following Vote-Yeas Schneider, Metz, Campbell, Schuber, Caldwell, Giesen, Warren, --- Page break --- 324 Jan 18th 1886. Wortham, Roster, Odell - 10. Nays Pillow, Anderson, Brush, Erwin, DeGress, Cummings, Ervin, Walker and Jones - 9. Reconsider Vote Alderman Caldwell moved a reconsideration of the to suspend rules Vote by which the Council refused to suspend the rules and place on its second reading the ordinance submitted by alderman DeGress designating a "Stand" for Venders of wood, hay, poultry etc. Motion to A motion to adjourn was made and defeated, and adjourn the motion to reconsider was adopted by a rising vote of 12 to 7. Motion reconsidered The motion to suspend the rules and place vote to suspend the Ordinance on its second reading was then defeated by the same vote by which it was defeated when this motion was first voted on. On motion, the Council adjourned Milton Morris City Clerk.