362 Regular meeting of the City Council Austin Tex March 15, 1886. Hon J. W. Robertson, mayor, presiding. Roll Call. Present Aldermen Giesen, Anderson, Roll Call. Campbell, Schuber, Gieson, Warren, Wortham, Crooker, Odell, DeGress, Erwin, Walker and Jones - 12. Absent: Aldermen Schneider, Metz, Brush, Caldwell, Corwin, Holman, & Cummings - 7 Call of Council. Alderman DeGress moved that a Call of the Council be made. The motion was adopted and the marshal sent after the absentees. Alderman Brush, Caldwell and Cummings Came in. Suspended Call. A motion to suspend a Call of the Council was made and adopted. Aldermen Corwin, Holman and Schneider Came in. The minutes of the last meeting of the Council were read and adopted. The named petitions were introduced read and referred to Committee on Streets, Alleys, etc: Petition bridge Waller Creek A petition from Citizens of East Austin requesting that a bridge be built across Waller Creek where Mulberry Street Crosses the Same. Open alley A petition from Citizens owning and Controlling property in block No. 49; asking that an alley be opened through said block. L. W. Simpson tax. A petition from L. W. Simpson asking that he be relieved from paying taxes on the improvements on lot 5 Block 3 Div O of Sub-division block 7 because they were not made until after March 1885. The petition was referred to the Committee on finance and revenue. H. B. Hancock release. A petition from H. B. Hancock requesting the Council to release him from all liability for the fines imposed in the County Court against Frankie Armstrong and Josie Stiner, because when he became surety on the appeal bonds he was informed by the attorney who represented them that in becoming a surety on said bonds he assumed no responsibility except for the appearance of the parties. He further represents that he --- Page break --- 363 Mch 15-1886. paid all costs in the Courts amounting to $34.00 A request from the City attorney that the release be granted accompanied the petition, and on the recommendation of his honor, the Council granted the release. Petition to A petition from property holders on East Pecan bridge Waller Street requesting that the Contract for the stone Creek bridge over Waller Creek be Changed to read eighty feet wide, instead of sixty feet, as at present, Because the street is a great thoroughfare, and would not be safe for pedestrians with a bridge only 60 feet wide, and further because much Cotton, Hay, and Produce brought to Austin passes over said bridge, and also because the taxable value of abutting property would be increased. Referred. On motion the petition was referred to a Special Committee of three aldermen. The following named aldermen Constitute the Committee: Elvin, Corwin and Warren. against extension of A petition from Citizens of Austin, asking Cemetery that the extension of the Cemetery, east sixty feet be postponed until the matter is thoroughly examined, was referred to the Committee on Cemetery. Clerk's report A Statement of warrants issued during the month of Feb'y 1886, by the City Clerk, was presented, but not read. City att'y's opinion An opinion from the City attorney was read stating R. R. tracks that if an ordinance requiring railroads within etc. the City of Austin to keep their tracks in good order and fixing a penalty therefor, was passed it could not be enforced. against Aldermen Schuber and Helman, of the Street leasing Committee, submitted a majority report on the block 59. petitions of W. H. Tobin and English & Co, asking the privilege of renting a portion of block No. 59. The report states that the block named was set aside for a public Square, and should not be used otherwise, and asks that the petitions be not granted. Favor of Alderman Crooker, of the Same Committee --- Page break --- 364 March 15-86. Leasing block Presented a minority report stating he has 59. Considered the petitions and can see no reason Why the City should not grant the Same as the parties are willing to pay a good rent for the Same. Minority A motion was made and adopted by a rising vote report of 13 to 4 - substituting the minority report for the majority report. Alderman Crooker moved the adoption of the minority report. Carried. Stands for The Committee on streets, alleys etc, to whom wagons was referred an Ordinance entitled "An ordinance providing that all express wagons or delivery wagons placed heretofore on the public streets for hire, shall hereafter take stands on block No. 57, and the public squares of this City, reported recommending that the Same do not pass because the stands designated are too far away from business. The report was adopted. Ord. bridge The same Committee to whom was referred College ave. an ordinance entitled "An ordinance for building an arched bridge on College Avenue and Nueces street," reported recommending that the same do pass. The report was read Block 59 The Same Committee to whom was referred a petition of Citizens of Austin requesting that the fence on block No. 59 lot No. 1 be set back so as not to encroach upon the sidewalk reported as follows: "Your Committee would respectfully recommend Petition be granted and City Engineer be authorized to have obstruction removed." The report was adopted. The Same Committee reported favorably on Ord. bill posters the following named Ordinances: An Ordinance regulating bill posters in the City of Austin. Stallions etc. An Ordinance prohibiting the hitching of any stallion, Jackass or bull in any street or alley, or keeping the Same for service in certain places in the City of Austin. Riding & driving An Ordinance regulating riding and driving in the streets of Austin. --- Page break --- 365 Mch 15-1886 Animals in droves An ordinance prohibiting the driving of animals in droves through the streets in the City of Austin. The Committee on fire department reported favorably on the following named ordinances: Wooden buildings. An Ordinance regulating the building, repairing, and removal of wooden buildings in the city of Austin. Hay. An ordinance regulating the storage of hay within the fire limits of the City of Austin. Jury fees. The Committee on Ordinances reported favorably On the following named ordinances: An ordinance providing for the payment of jury fees in the recorders Court of the City of Austin. Contracts An ordinance relating to illegal Contracts effecting the City of Austin. Amend art. 534. An Ordinance amending article 534 of the revised Ordinances of the City of Austin. Taxes. An ordinance relating to the Collection of occupation taxes in the City of Austin. The Committee on Sanitation and sewers to whom was referred an ordinance entitled “An Ordinance appropriating the sum of $6.000 for the purpose of purchasing the sewer now owned by G.A. Brush”. Reported, recommending the purchase of the sewer at a cost of $5000. The report recommends a division of the amount of money to be paid to Mr Brush for his sewer into two payments, one part to be paid out of the taxes of 1885 and the other part from those of 1886. The reason stated for the division of payment is that to ask so much at once might preclude any immediate relief to the west side of Congress avenue. The report also recommends the appropriating of $3000, for the purpose of laying a sewer suitably located to intercept the Brush sewer before it enters the Colorado river. $6000 to purchase Sewer. Construct Sewer. --- Page break --- 366 Mch 15-1886. The report was read. Alderman Anderson and Campbell from the Committee on water and gas, to whom was Water Co. bill referred a bill of the City Water Company tax. for $2463.33 for water used by the City for public purposes, reports as follows: Your Committee recommend that the sum of $1847.50 be allowed the City Water Company on the within account. Minority report. Alderman Cummings, from the same Committee presented a minority report dissenting from the majority report, for the following reasons: First- Their report allows the City Water Company nothing for the water used by the City Public Schools for school purposes and does not fully offset the taxes assessed against said water Company, as was granted to them in the Original Contract. It is the opinion of the minority of your Committee that such treatment of said Contract and said Company is not the proper policy to adopt to insure the best interests of the City in inducing said City Water Co, to fully carry out their part of the Contract with the City. Chas A. Shurr. The Special Committee Consisting of Aldermen DeGress, Anderson and Schneider appointed to investigate the unpaid account of Chas A. Shurr, Contractor for the building of Colorado fire engine and hook and ladder Company No. 1 & 2 market House Hill reported that a number of witnesses were examined by them, and from the statements made would recommend that in view of the fact that the City of Austin has received the full value for the $6000 appropriated for this building that the account of $1000 of Chas A. Shurr be paid. On motion the report was adopted. --- Page break --- Mch 15. 1886. 367 R.R. tracks An Ordinance which was introduced by Alderman Walker, entitled "An Ordinance requiring railroads within the City of Austin to keep their tracks in good order, and fixing a penalty for a violation thereof;" Came up on its second reading, and amendment. read. Alderman Walker then offered an amendment in lieu of Sec. 2 as follows: That If such railway Company after receiving notice to repair its road or road bed and Crossings upon the streets of the City shall fail or refuse to Comply with such notice and shall fail or refuse to make such repairs then such work shall be done at the expense of the City by the City engineer and the Cost and expenses thereof shall be a charge upon the property of such Company and shall be Collected by the City attorney by suit in some Court of Competent Jurisdiction." To table. Alderman DeGress moved to table the amendment. Defeated by a rising vote 7 to 10. Alderman DeGress then moved to table the ordinance and amendment. The move was rejected by a rising vote of 5 to 13. A motion to adopt the amendment was made and Carried, and a motion was made 3rd reading to suspend the rules and place the defeated. Ordinance on its third reading which was defeated by the following vote: Yeas Aldermen Schneider, Pillow, Anderson, Brush, Caldwell, Wortham, Crooker, Odell, Corwin, Cummings Ervin, Walker and Jones - 13 nays: Aldermen Campbell, Schuber, Giesen, Warren, Holman and DeGress = 6. Purchase Brush An Ordinance which was introduced by Sewer Alderman Cummings, entitled "An ordinance appropriating the sum of $6000 for the purpose of purchasing the sewer now owned by --- Page break --- 368 Mch 15 - 1886 To table. reading. G. A. Brush." Came up on its second reading. Alderman Schuber moved to table the ordinance. The motion was defeated. Lease Brush Sewer Alderman Cummings then offered an ordinance entitled "An ordinance for the lease by the City of Austin, from Geo A. Brush, of the underground Sewer in the City, and the rights, privileges and franchises thereof, and to appropriate the Sum of three thousand dollars therefor," as a Substitute for the one originally offered. Postponed. Alderman Crooker moved to postpone both the original ordinance and the Substitute, subject to future Call. Carried by a rising vote of 10 to 7. Water Co. bill - tax. Alderman Anderson moved that the majority report of the Committee on water and gas, in relation to the City Water Company tax matter be referred to the finance Committee and that they include the same in their next appropriation ordinance. No objection was made. Union depot. Alderman Campbell Called up an ordinance which was introduced by alderman DeGress, entitled "An ordinance authorizing the appointment of a Committee of four members of the City Council to Confer with the managers of the I. & G.N. R.R. and the Houston & Texas Central R.R. regarding their building a union depot in this City". Tabled ord. A motion to table the ordinance was adopted. Arch bridge College ave An ordinance which was introduced by Alderman Caldwell, entitled "An ordinance for building an arched bridge over On College avenue and Nueces Street," Came up on its second reading and was read. To pay mch- roll Alderman Odell introduced the following named ordinance; "An ordinance appropriating the Sum of $2.775.00 to pay the regular employees --- Page break --- 369 Mch 15-86. of the City of Austin for the month of March 1886" The ordinance was read and motions made to suspend the rules and place the ordinance Passed on its second and third readings, and that the ordinance now pass, all of which were adopted by the following Vote; Aldermen Schneider Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker and Jones - 19. Hose Cart An Ordinance entitled "An ordinance appropriating #4 building $1000. to build a house for Hose Cart Company No.4 of the City of Austin," which was introduced by alderman DeGress, Came up on its Second Reading and was read. Alderman Giesen moved to amend Section 1, by Striking out $1000 and inserting $1250. The amendment was adopted and the option Changed to read $1250.00. Motions were then made to suspend the rules and place the ordinance on its third reading, and that the ordinance now pass, both of Passed which were adopted by the following Vote; Yeas aldermen Schneider, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker and Jones - 19 The following named Ordinances were read Extend mains. "An Ordinance Ordering the City Water Company to extend water mains and locate hydrants thereon." Hydrants & Alderman Walker introduced the following Lamps resolution, "Be it resolved, by the City Council of the City of Austin; that the Aldermen from each Ward shall be empowered to locate fire hydrants and lamps in their respective Wards, according to the number allowed to their wards, and that Said aldermen Shall be empowered to Change the location of Such hydrants --- Page break --- 370 Mch 15-1886. and lamps as fixed by any ordinance. The resolution was read and laid over. Extend mains. A motion was made to suspend the rules and place the ordinance Ordering the City Water Company to extend water mains and locate hydrants thereon, on its second reading. The motion was adopted by the following vote: Yeas, Aldermen Schneider, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Northam, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker, and Jones - 19. amendments Alderman Anderson moved to amend Section 1, by striking out "3.168" and inserting "396" and also by striking out "6" and inserting "7" hydrants. Adopted. " Alderman Campbell moved to amend Sec. 2 by striking out "2112" and inserting "2500 feet", and also by striking out "4" and inserting "5" hydrants. Tabled amend. Alderman DeGress moved to table the amendment. Adopted by a rising vote of 9 to 10. Amendment. Alderman Walker offered the following Amendment to Section 8. which were adopted: After "On Red River Street," strike out "from Live Oak Street," and insert "528 feet", after East "on" strike out "Water" and insert "Davis", also after "Davis Street," insert "528" feet, and also, after "in all" strike out "528" and insert "1056". Motions were made to Suspend the rules and place the ordinance on its third Passed. reading, and that the Ordinance now pass, both of which were adopted by the following vote: Yeas Aldermen Schneider, Pillow, Anderson, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Northam, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker and Jones 19. --- Page break --- 371 Mch 15-86 Lease Tobin Ordinance Alderman Wortham introduced the following named Ordinance; "An Ordinance granting Dr W. H. Tobin 150 x 180 feet of ground off the north-east Corner of public square between Pine and Cedar, and Neches and Trinity Streets; the ordinance was read and a motion made to place the ordinance 2d reading On its second reading which was defeated by defeated the following Vote; Yeas Aldermen Pillow, Anderson, Campbell, Giesen, Wortham, Crooker, Odell, Corwin, DeGress and Cummings—10 Nays; Aldermen Schneider, Brush, Schuber, Caldwell, Warren, Holman, Ervin, Walker and Jones-9 Hospital Comtee. Alderman DeGress introduced a resolution which was adopted, directing the hospital Committee to ascertain the total amount of expenses of the hospital for the year 1885, and also the amount of ad Valorem and license-tax paid by the inhabitants of the City, with a view of ascertaining, whether the Contract between the County, and City, as at present existing, is equitable and Just, and if not equitable and Just, that the Committee make such recommendation, to take effect at the expiration of the present Contract as will make it so. Alderman Anderson was excused. Alderman Wortham introduced the following named Ordinance; An ordinance appropriating the sum of five hundred dollars to pay Counsel for defending John Bracken and Claibe Hankins on a charge of murder. The ordinance was read and a motion made suspending the rules and placing the Ordinance on its second reading. Which was adopted by the following Vote; Yeas Aldermen Schneider, Pillow, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker and Jones—18 --- Page break --- 372 Mch 15-1886 Motions were made to further suspend the rules and place the Ordinance on its third reading and that the Ordinance now pass, both of which were adopted by the following Vote, Yeas Aldermen Schneider, Piecow, Brush, Campbell, Schuber, Caldwell, Giesen, Warren, Northam, Cooker, Odell, Holman, DeGress, Cummings, Ervin, Walker and Jones - 17. Nay, Alderman Corwin. Alderman Cooker moved that a Special Committee of three be appointed to Canvass the returns and announce the result of the election held for the purpose of electing One Chief, One assistant Chief, and One recorder for Austin fire department. The motion prevailed and Aldermen Brush, Schneider, and DeGress were appointed as Such Committee. The returns were Canvassed and Alderman DeGress, for the Committee, rose and announced the result as follows; For Chief - Monroe Miller 120 Scattering 6 For assistant Chief - Wm Von Rosenberg 127 For Recorder - John A. Miller 74 A. Giesen 53 His Honor, then declared Monroe Miller duly elected Chief of the Austin fire department for the next ensuing year. Wm Von Rosenberg duly elected Assistant Chief of Austin fire department for the next ensuing year. John A. Miller duly elected Recorder of the Austin Fire Department for the next ensuing year. Alderman Giesen introduced the following named Ordinance; An Ordinance regulating the printing of the minutes of the City Council --- Page break --- Mch 15-1886. 373 The Ordinance was read and a motion made to suspend the rules and place the ordinance on its second reading, which was adopted by the following vote: Yeas Alderman Schneider, Brush, Campbell, Achuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, Holman, DeGress, Cummings, Ervin, Walker and Jones - 17 Nays: Alderman Pillow. Alderman DeGress offered the following Amendment to section first; And that the mayor be directed to advertise the same and invite bids. Alderman Cummings offered the following Amendment to the amendment offered by Alderman DeGress: Either in newspapers or in pamphlet form. Defeated by a rising vote of 7 to 11. On motion the amendment offered by Alderman DeGress was adopted. A motion to further suspend the rules and place the ordinance on its third reading was adopted by the following vote: Yeas Aldermen Schneider, Campbell, Schuber, Caldwell, Giesen, Warren, Wortham, Crooker, Odell, Corwin, Holmans, DeGress, Ervin, Walker and Jones - 15. Nays; Aldermen Pillow, Brush and Cummings - 3. A motion was made that the ordinance now pass. Adopted. Alderman Corwin offered the following named Ordinance, An Ordinance to authorize the purchase of Certain land for the City Cemetery, and making an appropriation therefor. Motions were made to suspend the rules and place the ordinance on its second and third readings, and that the ordinance do now pass, all of which were adopted by the following vote: Yeas Aldermen Schneider, Pillow, Brush, Campbell, Achuber, Caldwell, Giesen, Warren, --- Page break --- 374 Mch 15-86 Wortham, Crooker, Odell, Corwin, Holman, Cummings, Ervin, Walser and Jones-17 Nay Alderman DeGress. Alderman Jones introduced the following named Ordinance which was referred to the Committee on streets, Alleys, etc. An Ordinance appropriating $500 for the purpose of building a wooden bridge over @Waller Creek where Willow Street crosses the same. Alderman Schuber introduced the following named Ordinance; An ordinance appropriating the Sum of two hundred and fifty dollars for the purpose of placing railings at the approaches of bridges on Waller and Shoal Creeks. Alderman Warren moved that the Street Committee and City engineer be instructed to have the work called for by the Ordinance performed, and the expenses thereof charged to the Street fund of the respectivewards in which the work is done. Alderman DeGress moved to table the motion Defeated. A motion was then made to adopt the motion made by Alderman Warren. Carried. The Council then adjourned. Milton Morris City Clerk