567 The minutes of a Regular meeting of the City Council. (Austin, Texas, January 06, 1890. Hon John McDonald, Mayor, presiding. Roll Roll Call. Present. Aldermen - Anderson, Assmann, Boland, Carleton, -Graham, Jackson, Jones, Linn, motz, Morris, Newton, Nitschke, North, Phillips, Platt, Schneider, Schuber, Townsend, Zilker. 19. Call. Absent. Aldermen Hume - 1. Minutes. The minutes of the meetings of the City Council which were held on the 18th and 28th days of Dec. 1889, were adopted as printed. E. Monroe Application for position as portor at City Hall was received from Ellis C Monroe, also a petition from Citizens requesting his appointment. No action was taken on the application or petition. Parish. Petitions from citizens asking that the sidewalks in front of what is known as the Parish property, on West 6th Street, be properly repaired, was presented and read, and referred to the Committee on Streets and alleys. C. Application to lease a portion of River Walk, was Scheuremeyer received from C. Scheuermeyer, and read and referred to the Committee on Streets and alleys. Heisler Alderman Linn, by request, presented a proposition Light. from the Heisler Electric Light Co., of St Louis, Mo., to furnish the City with a complete Heisler Electric plant, with a capacity of 500 incandescent lights of 32 Candle power each, for $6,500, payable in six years. Referred to the Committee on Water and Light. H. Pierce Alderman Nitschke presented claim of Henry Pierce for money which he paid to the City by mistake, for a lot which had been sold to the city for taxes. Referred to the Committee on claims and accounts. Ed Creary. The official bond of Ed Creary, Street Commissioner, was presented, and the names of the sureties thereon read. It was then referred to the City Attorney for --- Page break --- 568 report as to its legal form. He reported it as being in legal form, and it was, on motion, approved. Reports of Officers. Report of the City Treasurer from Dec. 2 1889, to Jany. 6, 1890: Balance Dec. 2 $13,723.84 Receipts to Jany. 6 5,672.65 Total $ 19,396.49 Disbursements: Paid Warrants and interest on bonds $11,233.02 Balance Jany. 6 8,163.47 Total $19.396.49 Referred to Finance Committee. (Phys. The report of the City Physician for the month of December, 1889, was read, and referred to the hospital Committee. Sexton Report of the City Sexton for the month of December, 1889: Total number of deaths 22 White 15 Colored 7 Referred to the Cemetery Committee. The Sexton also submitted a report showing the necessity for certain repairs and additional burying ground for colored paupers. Referred to the Cemetery Committee. Clerk. The City Clerk's report of warrants for the month of December, 1889, was read and referred to the finance Committee. It fixes the amount issued at $6102.79. Marshal. Report of the City Marshal for the month of December, 1889: Total amount of fines and Costs assessed in the Recorders Court during the month $501.05 Collected in Cash $ 179.30 Worked out 203.80 Escaped 22.80 Carried forward 95.15 Total 501.05 Back fines Collected $26.10. Arrests 51. Referred to police Committee. --- Page break --- 569 Bunditt. Alderman Phillips presented a claim from S. A. Bunditt for $6.50. being balance due him from sale of cows at the city's pound. Referred to the Committee on Claims and Accounts. Election An Ordinance entitled "An Ordinance to provide for the printing and distributing election ballots by the city of Austin, to regulate voting at city andward elections in the city of Austin, and to amend Article 254 of the revised Civil Ordinances of the City of Austin" was taken up on its second reading and read, after which a motion was made to suspend the rules and place the Ordinance on its third reading, which was adopted by a Vote of two-thirds of the whole Council. The Ordinance was then read a third time, and, on motion, passed. Printing Alderman Linn introduced a resolution authorizing and directing the Committee on printing to advertise and invite bids for furnishing stationery for the use of the City; Also for doing the citys job and newspaper printing from January 1st to Dec 1st 1890. It was passed under suspension of the rules. Salaries. Alderman Anderson introduced an Ordinance appropriating the sum of $3,200 for the purpose of paying salaries of officials and regular employees of the City of Austin for the month of Jany 1890. It was read first time, and under suspension of the rules was read a second and third times and passed by the following Vote: Yeas, Aldermen - Anderson, Assmann, Boland, Carleton, Graham, Jackson, Jones, Linn, metz, Morris, Newton, Nitsckhe, North, Phillips, Platt, Schneider, Schuber, Townsend, Ziller - 19. Interest. Alderman Anderson also offered An Ordinance appropriating the sum of $5,200 for the purpose of paying the interest on the bonded debt of the City of Austin due Jan. 1-1890. It was read first time, and under suspension of the rules was read second and third time, after which it was passed by the following Vote: Yeas- Aldermen - Anderson, Assmann, Boland, Carleton, Graham, Jackson, Jones, Linn, metz, morris, Newton, Nitsckhe, --- Page break --- 570 North, Phillips, Platt, Schneider, Schuber, Townsend, Zillcer - 19. Alderman Anderson also presented an Ordinance, entitled "An Ordinance appropriating the sum of $7589.77 for the purpose of paying approved accounts". It was read first time, and under suspension of the rules was read a second and third time, after which it was passed by the following Vote: Yeas - Alderman - Anderson, Assmann, Boland, Carleton, Graham, Jackson, Jones, Linn, Metz, Morris, Newton, Nitschke, North, Phillips, Platt, Schneider, Schuber, Townsend, Zillcer - 19. Charity. Alderman Platt introduced an Ordinance, entitled "An Ordinance appropriating the sum of $500, to be used for Charitable purposes". It was read first time, after which a motion was made to suspend the rules and place it on its second reading. The motion was lost. Yeas - Aldermen - Boland, Carleton, Graham, Jackson, Jones, Metz, Newton, North, Phillips, Platt, Schuber - 13. Nays - Aldermen - Linn, Morris, Nitschke, Townsend, Zillcer - 5. E. A. H. Co. 4 Alderman Phillips presented an Ordinance entitled "An Ordinance appropriating the sum of $800 for the Cost of plans and building for East Austin Hose Company, No. 4." It was read first time, after which Alderman Schuber moved to refer it to the fire Committee. Alderman Zillcer moved to amend the motion made by Alderman Schuber, by referring the Ordinance to the board of fire Commissioners. Alderman Phillips made the point of order that the amendment was out of order, and stated as a reason, that the City Council has no power to refer questions coming before it, except to Committees Composed of --- Page break --- 571 of members of the City Council, and cited rule 6 of the rules of Order of the City Council to sustain his point. The mayor decided the point of order was not well taken. Alderman Phillips then appealed to the Council, and the mayor put the question, "Shall the decision of the Chair be sustained?" which was decided in the affirmative by the following Vote: Yeas Aldermen Anderson, Assmann, Boland, Carleton, Jackson, Jones, Linn, metz, Morris, Nitschke, North, Schneider, Schuber, Townsend, Green - 15. Nays Aldermen Newton, Phillips, Platt-3. The question then recurring on the adoption of the amendment, it was Carried. Cows. Alderman Carleton introduced an Ordinance, entitled "An Ordinance, to be entitled an Ordinance to amend article 127, and to repeal article 137 of the revised penal Ordinances of the City of Austin." (It is what is known as the Cow Ordinance.) The Ordinance was read and referred to the Committee on Ordinances. Alderman Graham was excused for twenty minutes. Alderman Morris presented the following named Ordinance, which was read, and on motion, ordered to be printed in the minutes of the Council, and to be laid over until the next meeting of the Council: Elections. An Ordinance to prevent electioneering with Voters at or within one hundred yards of the polls on the day of any election". Carts. Alderman Nitschke, by request, introduced an Ordinance, entitled "An Ordinance making appropriation to build Scavenger Carts for use of the 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 the following Vote: Yeas Aldermen - Assmann, --- Page break --- 572 Boland, Carleton, Jackson, Jones, Linn, Newton, Nitschke, Phillips, Platt, Schuber, Townsend, Ziller. 13. Nays - Alderman - Anderson, Metz, Morris, North, Schneider. 5. Pro H. [illegible] " Alderman Linn introduced an ordinance entitled " An Ordinance appropriating the sum of $3,500 for the cost of plans and building for Protection Hose Co. No. 3." It was read and referred to the board of fire Commissioners. Alderman Graham returned to the Council. Emanuel. Alderman Morris, by request, offered an Ordinance entitled " An Ordinance appropriating the sum of $3060.35 to pay a Judgment against the City in favor of S. E. Emanuel." It was read first time. Alderman North then moved to refer it to the finance Committee. The motion was lost. Yeas. Aldermen - Carleton, Linn, Morris, Nitschke, North, Schneider, Schuber - 7. Nays - Aldermen - Anderson, Assmann, Boland, Graham, Jackson, Jones, Metz, Newton, Phillips, Platt, Townsend, Ziller - 12. " A motion was then made to suspend the rules and place the ordinance on its second reading, which prevailed by the following Vote: Yeas Aldermen - Anderson, Assmann, Boland Graham, Jackson, Jones, Linn, Metz, Morris, Newton, Nitschke, Phillips, Platt, Townsend, Ziller - 15. Nays Aldermen - Carleton, North, Schneider, Schuber - 4. " The Ordinance was then read a second time after which a motion was made to suspend the rules and place it on its third reading. The motion was rejected. Yeas - Aldermen. Anderson, Assmann. Boland, Graham, Jackson, Jones, Metz, Newton, Nitschke, Phillips, Platt, Townsend, Ziller - 13. --- Page break --- 573 Nays- Aldermen - Carleton, Linn, Morris, North, Schneider, Schubor - 6. Alderman Linn then moved to reconsider the vote by which the ordinance failed to pass to its third reading. Adopted. The motion was then renewed to suspend the rules and place the ordinance on its third reading, and was again rejected by the following vote: Yeas - Aldermen Anderson, Assmann, Boland, Graham, Jackson Jones, Linn, Metz, Newton, Phillips, Platt, Townsend, Ziller - 13. Nays - Aldermen - Carleton, Morris, Nitschke, North, Schneider, Schubor, 6. City Nat'l Alderman Morris presented an Ordinance Bank. entitled "An Ordinance granting leave to the City National Bank of the City of Austin to build the tower and steps of its new building now being built on Congress Avenue, as the same are now being built so as not to encroach on the sidewalks of the city more than fourteen inches". It was read first time, and under suspension of the rules was read a second and third time and passed by a vote of 15 to 4. C.C. Palmer Alderman Morris moved to proceed to the lection of a sergeant of police. Carried. " The mayor, by request of the marshal, nominated C.C. Palmer for the office. Alderman Phillips then moved that nominations be closed, and that the City Clerk be instructed to cast the vote of the Council for C.C. Palmer for sergeant of police. The motion prevailed and the vote was cast. The mayor then declared C.C. Palmer duly elected sergeant of police for the City of Austin for the ensuing term. Alderman Morris then moved to proceed to the election of a day police clerk. Lost. Police The mayor, by request of the marshal, then made nominations. the following nominations for police officers of the City. Nuil McCaskin, T.J. Flurnby, --- Page break --- 574 H. Montgomery, John Chenneville, J. E. Kennerly, J. J. Campbell, E. C. Folwell, Wm. Darwell, J. D. Platt O. H. Gibson, D. C. Pace, W. W. Hornsby, J. V. Agee, J. W. Bell, G. W. McKinley, (Col). Alderman Morris then nominated V. B. Davis, W. B. Allen, and Louis Morris. Alderman Schuber nominated N. H. Shelley, and Alderman Anderson nominated W. A. Cato. Alderman Linn nominated monroe Sawyer. Alderman Phillips nominated Henry madison. Necessary to Alderman Morris moved that a vote of a elect. majority of all the members present, be necessary to elect, and that if over fifteen nominees receive a majority, that the fifteen receiving the largest majorities be declared elected. Adopted. Tellers. The mayor appointed Aldermen Nitschke, Linn and North as tellers, and ordered ballots prepared. The vote was cast and duly canvassed, and the tellers reported the result as follows: E. C. Folwell, 19. W. W. Hornsby, 19. Neil McCashin, 18. O. H. Gibson, 18. J. J. Campbell, 17. J. E. Kennerly, 16. J. D. Platt, 16. F. G. Plumb, 15. H. Montgomery, 15. D. C. Pace, 15. Jas. Bell, 14. V. B. Davis, 14. W. A. Cato, 13. Louis morris, 13. monroe Sawyer, 12. Wm. Darwell, 10. John Chenneville, 9. W. B. Allen, 7. N. H. Shelley, 6. G. W. McKinley, 5. J. V. Agee, 4. Policemen The mayor then declared E. C. Folwell, W. W. Hornsby, Elected. Neill McCashin, O. H. Gibson, J. J. Campbell, J. E. Kennerly, J. D. Platt, F. G. Plumb, H. montgomery, D. C. Pace, Jas. Bell, V. B. Davis, W. A. Cato, Louis morris, monroe Sawyer duly elected policemen of the City of Austin for the ensuing term. On motion the Council then adjourned. Milton Morris, City Clerk.