484 The minutes of a regular meeting of the city Council Austin Tex. June 03, 1889. Hon. Joseph Nalle. Mayor presiding. Roll Call Roll Call. Present: Aldermen. Boland, Jones, Linn, Morris, Nitschke, North, Platt, Wilson, Ziller, -9. Call. Absent. Aldermen. Assmann, Debress, Graham, Haigler, Lawrence, Metz, Newton, Pillow, Schneider, Townsend, Wortham - 11. Call Council. Alderman Linn moved a Call of the Council. Carried. Recess. On motion of Alderman Morris, a recess of twenty minutes was taken. Roll Called After the expiration of the recess the roll was again.. again called, and resulted as follows: Present- Aldermen Boland, Jones, Lawrence, Linn, Metz, Morris, Nitschke, North, Platt, Schneider, Townsend, Wilson, Wortham, Ziller - 14. Absent. Aldermen. Assmann, Debress, Graham, Haigler, Newton, Pillow, - 6. Minutes. Alderman Linn moved that the minutes of the last meeting of the Council be adopted as printed. Carried. H.W. Steinle. Alderman Linn introduced a petition from H. W. Steinle asking the City to pay half of the Cost of a division fence between the Citys lot which is occupied by Protection Hose Co. and the adjoining lot owned by Mr Steinle. On motion the petition was granted by the following Vote: Yeas - Aldermen, Boland, Linn, Morris, Nitschke, North, Platt, Schneider, Townsend - Wortham - 9. Nays - Aldermen - Jones, Lawrence, Metz, Wilson, Ziller - 5. R. L. Hood Alderman Morris presented a petition from R. L. Hood asking that $58.67, the taxes paid by him for --- Page break --- 485 the year 1888, on lots 4 and 5, in block 99, be refunded to him, and that he be not required to again render Said property for taxation while it is being used exclusively for school purposes, as at present. (Referred to the City attorney for his opinion as to whether the property is exempt from taxation as claimed, report to be made to the next meeting of the Council. Cypress st. & alley. Alderman Platt presented a petition from Citizens residing and doing business on the block adjoining Congress Avenue immediately north of the F. V. & N. R. R. Co's. Depot, asking that Cypress street be reopened from Congress avenue to Colorado street and that the alley which would Connect Cypress street with the one a block above be reopened. Laid over without action. City Clerk. Alderman Linn presented a request from the City Clerk for leave of absence from June 6th to June 30th and moved that the same be granted. Carried. Reports of Officers. Tr. Rept. The City Treasurer's report from May 6 to June 3, 1889: Balance May 6 $11.629.01 Receipts to June 3 6.696.18 Total $18.325.19 Disbursements $4,974.99 Balance June 3 13,350.20 Total $18,325.19 Referred to the finance Committee. Sexton. Report of the City Sexton for the month of May 1889. Number of deaths 29 White 22 Colored 5 Mexican 2 Referred to Cemetery Committee. Clk. The report of the City Clerk of warrants issued during May 1889, was read and referred to the finance Committee. Report of the city marshal for the month of May 1889, was read and referred to the police Committee. Phys. The report of the city Physician for the month --- Page break --- 486 of May was read and referred to the Hospital Committee. [illegible] The Sanitary Inspector reported recommending that the gutter on Congress Avenue, from Third street South to old sewers, be properly graded so as to prevent sewerage from stagnating there as it now does. Referred to the Sanitary Committee. The Street Committee reported on a petition from Leslie Price and Lewis Boerner, asking that the gutter in front of their respective residences be paved. The Report states that in the opinion of the Committee the financial condition of the City, at this time, will not justify the expenditure for this purpose. Report adopted. Carl Adehmel The Street Committee also presented a report relative to petition of Carl Adehmel to have alley in block 60, division E, opened, which states that the City Engineer advises, that there is no alley shown on the map of the city to extend through said block and ask to be discharged from further consideration of the subject. Report adopted. Mrs. A. Smith The Street Committee also presented a report on a petition from Mrs. A. Smith asking to be reimbursed for draining street in front of her residence, which states that the necessary provisions have been made. Report adopted. Printing Alderman Nitschke, for the printing Committee, Stationery presented a report recommending that awards be made to the following persons for the purposes named, to date from June 1, to December, 1889: Eugene Von Boeckmann, for doing the city's job printing Statesman Publishing Company, for doing the city's newspaper printing. Jos. A. Nagle for furnishing the City with stationery. The report also authorizes the mayor to enter into contracts in accordance with the bids. The report was adopted. Veto. The mayor submitted the following Veto: of Austin, May 30, 1889. Hon Board of Aldermen, City of Austin: --- Page break --- W.B. Davis. R. d. 487 Gentlemen :- I return herewith without my approval, "An Ordinance" appropriating Three hundred dollars to pay counsel for defending William B. Davis on charge of murder." I know of no authority to justify the Council in making use of the public money as is proposed by the passage of this Ordinance. It is well known to every one, when he accepts the position of peace officer, the risk and dangers attending the discharge of his duties. The City, like an individual, has only to do its part by paying for the services as agreed upon. No one sympathizes more than myself with those meeting with such a misfortune, and I fully appreciate the expense attending such a defense, no matter how trivial the prosecution may be, but to establish such a precedent, by paying for or making good any misfortune that might overtake any officer or employee, while in the service of the City, the pension system would soon follow, and the City would be called upon to provide for those who might become disabled or sick while in the service. If the Council believes it the duty of the City to aid in defending one of its officers, under such circumstances it certainly becomes the duty of the City attorney to appear on the part of the City for such defense but to do this, a resolution would be necessary instructing the City attorney to that effect. I therefore recommend that you reconsider the vote upon which the ordinance passed. Respectfully Joseph Nalle mayor. Alderman Linn moved to reconsider the vote by which the ordinance was passed. Carried. Alderman Platt then moved to postpone action on the ordinance. -- Lost. Alderman Jones then moved that the ordinance pass notwithstanding the Veto of the mayor. Motion lost. Yeas. Aldermen Jones, Linn, Nitschke --- Page break --- 488 Schneider, Wilson, Wortham - 6. Nays. Williamson, Ivaland, Lawrence, Metz, Morris, North, Platt, Townsend, Ziller - 8. The mayor then presented the following Veto: Austin, May 30th 1889. Honorable Board of Aldermen, City of Austin: Gentlemen: I return herewith without my approval "An Ordinance, appropriating two thousand dollars to purchase fire hose for the use of the Fire Department." My reasons for withholding my approval to this Ordinance are: Art. (16) sixteen, Sec. (1) One of the City Charter, reads as follows: "The City is" hereby prohibited from incurring any expense or making appropriations beyond the receipts of the treasury, so that at the close of any fiscal year, any obligation created during that year shall remain unpaid. x x x It is hereby also made a misdemeanor for any Alderman to knowingly Vote for any appropriation whereby debt shall be created in violation of the provisions of the act". x The revenues from all sources that we can rely on to meet the expenses of the City government for the fiscal year ending December the first, will amount to about fifty thousand dollars. From this amount we will be called upon to meet the following approximated estimate of expenses, for seven months, commencing the first day of May and ending the first day of December, which are as follows: Pay roll 7 months, per month $3100 $21.700 Interest on bonded debt due July 1st 5.200 Water rent due July 1st 6.000 Interest on bonded debt from July 1st to December 1st 5 mos 4.333 Water rent July 1st to Dec 1st (5 months) 5.000 Miscellaneous accounts, which include the monthly pay to the fire Companies, street lights, hospital, feed of teams and other items estimated at $1,600 per month for 7 months 11.200 Total $53.433 This shows a deficit at the end of the fiscal year of more than three thousand dollars unless --- Page break --- 489 the estimate submitted can be reduced, which I hope to be able to do from the item of "miscellaneous expenses," so that at the end of the fiscal year we will be within our revenue as is required by the Charter. If however, in the judgment of your honorable body, the estimate submitted can be reduced and you should so decide, so that the expenses will be within the revenue, it will afford me pleasure to lend my approval to any ordinance having for its object the more fully equipping and improving our fire department. No one appreciates more, or takes greater pride in the efficiency of this department of the City government, than myself, but with the charter provisions referred to, I feel that it is my duty to return this ordinance and respectfully recommend that you reconsider the vote upon which it passed. (Respectfully, Joseph Nalle, Mayor. Alderman Wortham moved to reconsider the vote by which the ordinance was passed. Carried. He then moved that it lie on the table subject to call. Carried. Market Square " An Ordinance appropriating the sum of $400 to enclose Market Square and build a shed on the Same was taken up on its third reading and read, after which a motion was made that it do pass, which was lost by the following vote: Yeas- Aldermen - Boland, Jones, Platt, Wilson - 4. Nay- Aldermen- Lawrence, Linn, Metz, Morris, Nitschke, North, Schneider, Townsend, Wortham, Zieler - 10. Water. Alderman Boland presented an Ordinance to amend article 150 of the revised penal ordinances of the City of Austin. It relates to water in gutters, etc. It was read first time, and referred to Sanitation & Sewerage Committee. Cows. Alderman Morris presented an Ordinance to repeal article 137, Chapter 6, title 3 of the revised penal Ordinances of the City of Austin. It seeks to prevent Cows and Calves from running at large in the city. --- Page break --- 490 It was read and referred to the ordinance committee by a rising vote of 7 to 5. [illegible] Alderman Giller brought up the question of the scope and power of the president of the board of Aldermen in case of the disability or absence of the mayor, but no definite action was taken thereon [illegible] Alderman Wortham introduced an Ordinance levying an ad valorem tax of one per centum for this year 1889. 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- Boland, Jones, Lawrence, Linn, Metz, Morris, Nitschke, North, Platt, Schneider, Townsend, Wilson, Wortham, Giller - 14. School tax Alderman Wortham also introduced An Ordinance 1889. fixing and levying an advalorem tax of One third of one per Centum on all property, real and personal within the City of Austin, made taxable for State and County purposes for the year A. D. 1889, for the support of the public free Schools of said City. It was read first time, after which a motion was made to suspend the rules and place it on its second reading which was lost by a vote of 13 to 1. Appvd acts. Alderman Wortham offered an Ordinance appropriating the Sum of $2129.65 for the purpose of paying approved accounts. It was read first time, after which motions were made to suspend the rules and place it on its second and third readings and that it do pass, all of which were adopted by the following Vote; Yeas Aldermen - Boland, Jones, Lawrence, Linn, Metz, Morris, Nitschke, North, Platt, Schneider, Townsend, Wilson, Wortham, Giller - 14. 3100$ for Alderman Wortham introduced An Ordinance appropriSalaries ating $3,100 for the purpose of paying officers and regular employes for the month of June 1889. 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 --- Page break --- 491 Adjourned. the following vote: Yeas Aldermen Boland, Jones, Lawrence, Linn, Metz, Morris, Nitschke, North, Plath, Schneider, Townsend, Wilson, Wortham, Ziller - 14. Alderman Linn introduced an ordinance appropriating the sum of $5,700 for the purpose of paying the interest on the bonded debt of the City which will be due July 1, 1889. 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 - Boland, Jones, Lawrence, Linn, Metz, Morris, Nitschke, North, Plath, Schneider, Townsend, Wilson, Wortham, Ziller - 14. On motion the Council then adjourned. Milton Morris City Clerk.