395 The Minutes of a Regular Meeting of the City Council. Austin Tex, August 06, 1888. Hon. Joseph Nalle, Mayor, presiding. Roll Call. Roll Call. Present. Aldermen Assmann, Boceland, Campbell, DeGress, Linn, Metz, Odell, Phillips, Platt, Schneider, Townsend, Wilson, Northam—13. Call. Absent—Aldermen Brush, Caldwell, Fisher, Graham, Haigler, Jones, Pillow—7. Alderman DeGress moved a call of the Council. Adopted. The call was immediately suspended. Minutes The minutes of the last meeting of the City Council were adopted as printed. Square. Alderman Schneider presented a petition of citizens requesting the use of the public park, situated in the First Ward for the purpose of religious meetings for the period of sixty days. Granted. Light. Alderman Odell presented a petition from Citizens of the Seventh Ward, requesting that a light be placed on the Corner of Red River and Fifteenth Streets, opposite the Swedish M. E. Church, in place of the one removed from there. Read and laid over. " Alderman Odell presented a resolution authorizing and directing the Austin Light and Power Company to remove the incandescent lamp, located on the corner of Neches and Fourteenth streets, to the corner of Red River and Fifteenth Streets, and locate the same on the Corner nearest the Swedish Church. Alderman Odell moved to adopt the resolution. Alderman DeGress moved as a substitute, that the resolution and petition be referred to the Aldermen of the Seventh Ward. Adopted. Ald. Pillow. Alderman Pillow entered and answered to his Dr. M. A. Taylor. name. A petition from Dr. M. A. Taylor, requesting the permission to put a fire proof gravel roof, on the two-story building, situated on the Southwest Corner of Oak Street in block 98. The petition was read, but no action was taken thereon. Alderman Pillow moved that the regular --- Page break --- 396 Order of business be suspended and that appropriation ordinances be next Considered. Carried. Pay roll. Alderman DeGress then introduced an Ordinance appropriating the Sum of $3.100 for the purpose of paying officers and regular employees of the City for the month of August, 1888. It was read after which motions were made to suspend the rules and place it on its second and third readings, and that it do pass, all of which were adopted by the following vote: Yeas - Aldermen Assmann, Boland, Campbell, DeGress, Linn, Metz, Odell, Phillips, Pillow, Plath, Schneider, Townsend, Wilson Wortham - 14. Approved accts Alderman DeGress then presented an Ordinance appropriating the sum of $21421.22 for the purpose of paying approved accounts. It was read first time, after which motions were made to suspend the rules and place it on its second and third readings, and that it do pass, all of which were adopted by the following vote: Yeas, Aldermen Assmann, Boland, Campbell, DeGress, Linn, Metz, Odell, Phillips, Pillow, Schneider, Townsend Wilson, Wortham - 14. Jno. Dowell. Alderman Campbell presented a petition from John Dowell, attorney for owner, stating that he desires to redeem lot 13 in block 2 of Outlot 1 division A, sold to the City for the taxes of 1873 and '74, and would pay all taxes, Costs and interest due on same. On motion, the Assessor & Collector was instructed to permit the redemption, and to make deed and receive the money. School fund The Mayor presented a lengthy opinion from the City attorney, which he had requested him to prepare, on the subject of, who is the proper Custodian of the School tax. The opinion states that an examination has been made of "the statutes of this state defining the duties of the City treasurer and the treasurer of the board of School trustees, with a view of determining which of these officers is, under the law, made the Custodian of the City School --- Page break --- 397 tax" After making a lengthy argument, and citing much of the state statutes bearing upon the question, the opinion closes as follows: "From what I have said it follows that in my opinion, under a strict construction of the several provisions of the law bearing upon this question, the City Treasurer after giving the bond required by law is entitled to the custody of the City School tax. I am informed that it is the almost universal practice in cities having a treasurer selected by the Board of School trustees, to entrust that officer with the custody and disbursement of all School funds; and if the authorities of this City desire to conform to this practice, I think they can do so, and at the same time fully protect the interests of the City. While the law does not, in terms, give the treasurer selected by the School trustees the custody of this fund, and does not require him to give bond of any kind, I feel quite sure that a bond voluntarily given by him would be a valid undertaking, and if properly conditioned would furnish ample protection to the "public", against any loss it might suffer. "In conclusion, I beg to state that I have reached the opinion above expressed with no little hesitancy and can but regret the legislation upon this most important subject is not free from the incongruities and contradictions besit it. "Very respectfully "Geo. T. Pendexter, City Attorney" Ald. Pillow. Alderman Pieceman was excused. School Fund. Alderman Northam presented an Ordinance authorizing the city assessor and collector to pay to the treasurer of the Board of School trustees all school taxes heretofore or hereafter collected by him. The Ordinance was read first time, and on motion of Alderman Degress, the Ordinance and entire subject were referred to the Ordinance Committee. Tr. The treasurers report for the quarter beginning May 7, and ending August 6, 1888: Balance May 7th $10,964.11 Receipts 23,385.01 ----------- 34,349.12 --- Page break --- 398 Disbursements $26,102.76 Balances, August 6th 8,246.86 $17,855.90 Greenwood. That report also states that the notes given by the city for the purchase of Greenwood Cemetery that were due June 1, 1888, have been presented to him for payment. Referred to Finance Committee. Marshal. The Marshal's report for the month of July, 1888: Fines and Costs assessed in Recorders Court $600.85 Collected in Cash $199.55 Worked out 163.00 Escaped 72.95 Appealed 34.25 New trial 8.20 Carried forward 123.50-$600.85 (Back fines Collected $45.00 Total number of arrests made, 57. Referred to police Committee. Clerk's. The Clerk's report of warrants issued during the quarter ending July 31, 1888: Total amount $26,467.10 Referred to finance Committee. A. & C. The Assessor & Collector's report of Collections during the quarter ending July 31, 1888: Ad Valorem taxes of 1887 $18,257.57 " " " 1886 57.87 " " " 1885 4.00 License taxes 2,112.70 Recorder's Court 888.65 Support of Hospital 1,000.00 City Cemetery 148.50 Ground rent 50.00 Pound fees and Sales 36.75 $22,508.04 From School taxes 6,098.91 Total $28,606.95 Referred to finance Committee. Physician. City Physician's report for the month of July: Patients in Hospital, July 1, 9 " Admitted to " in " 15 " discharged from " " " 13 --- Page break --- 399 Deaths Patients remaining in Hospital August 1, 1888 2 No Cases of Scarlet fever or diphtheria reported 9 Visits made 31.50 Prescriptions written 3.36 Referred to Hospital Committee. Sexton. Sexton's report for the month of July, 1888: Total number of deaths - 42. Referred to Cemetery Committee. Bo. F. Poindexter. Leave of absence was granted the City attorney from August 15th to 19th. Marshal. The police Committee Submitted a report on the marshal's report for the month of June, Stating, that they found it Correct. Market Square The Committee on markets submitted a favorable report on an Ordinance appropriating $400 to enclose market square and build a shed on the Same. Cemetery On motion the report and Ordinance were laid On the table subject to Call. The Special Committee on enlarging the City Cemetery requested further time in which to prepare its report. Granted. On motion, the Council then adjourned Milton Morris City Clerk.