577 Minutes of a regular meeting of the City Council. Austin, Tex, February, 3, 1890. Hon. John McDonald, Mayor, presiding. Roll Call Roll Call. Present:- Aldermen Anderson, Graham, Jackson, Jones, Morris, Newton, Nitschke, North, Platt, Schutze, Ziller. 11. Call. Absent, Aldermen - Assmann, Boland, Carleton, Hume, Linn, Metz, Phillips, Schneider; Townsend. 9. Minutes. The minutes of the meetings of the City Council, which were held on the 18th and 25th days of January 1890, were adopted as printed. Schneider & Bro. A proposal from H. H. Schneider & Co., to keep Clock. the City Clock in repair for $50.00 per annum was read and laid on the table subject to call. Arsenal Block. A communication from the Secretary of War of the United States addressed to Hon's. Kleberg and Coke, and by him referred to the City Council was laid before the Council. It states in substance - that the last resolutions adopted by the Council relative to the Arsenal block were duly received by him and that he thinks the question of title is settled in favor of the City of Austin, and that no further action is called for. No action was taken on the matter. Call. On motion of Alderman Anderson, a call of the Council was ordered, and the absentees from the City, Aldermen Hume, Carleton, Linn and Assmann were excused and the Council proceeded to business. Mayors msg. The Mayor submitted a message to the Council relative to the finances of the City. It is as follows: Approximate income from all sources from Feby. 1, 1890, to December 1, 1890 $1,019.10 Cash in hands of the treasurer 6,227.24 Total $7,246.34 --- Page break --- 578 Liabilities: Appropriations already made and to be drawn 9.905.15 Warrants drawn but undelivered 575.00 Emanuel judgment 3,018.00 Estimated Current Expenses to Dec. 1. 90 $5,351.13 $18,592.58 Total available revenue for all purposes not named above. $15,353.76. Referred to the Finance Committee for their information. G. Crow - Alderman Schubon presented a petition from Col. G. Crow stating that the wife of his deceased son, H. H. Crow, died five years ago of small pox, and that her remains were entombed at Aguas Calientes, Mexico, and that he desires permission to deposit her remains here in the City Cemetery by the side of the remains of her husband. The petition was granted. Driskill St. Alderman Townsend entered and answered to his name. Alderman Jackson presented a petition from Citizens requesting the opening of Driskill Street from Red River Street on the West to East Avenue on the East: Referred to the Street Committee, City Engineer and City Attorney. Alderman Phillips entered and answered to his name. Jno. Chenneville Alderman Graham introduced a lengthy petition from Citizens requesting the Council to re-establish the office of City detective and to re-appoint John Chenneville to the position. Alderman Morris moved to refer it to the police Committee. Lost. Call Suspd. Alderman Morris moved to Suspend the Call of the Council. Carried. Parish The Street Committee presented a report Side-Walk on the petition of Citizens requesting that the side-walk in front of the Parish property on West Sixth Street be graded and put to the proper width and recommended "that the marshal be instructed to notify the owners of said property to have the side walk made in accordance --- Page break --- 579 with existing Ordinance requiring property Owners on Texas Street to make sidewalks. The report was adopted. Schuermeyer- The street Committee also submitted a report on the proposal of C. Scheurmeyer to lease a portion of River Mack for tannery purposes at an annual rental of $50.00, payable Semi-annually in advance. The report recommends the acceptance of the offer and was adopted by the following Vote: Yeas Aldermen - Anderson, Graham, Jackson, Nitschke, Schuler, Townsend, Ziller 7. Nays Aldermen - Jones, Morris, Newton, North Phillips, Platt. 6. Aldermen Metz and Schneider entered and answered to their names. Marshal- The police Committee presented a report on the marshal's reports for the month of December, 1889, stating they had been examined and found Correct. No action was taken on the Committee report. H. Pierce. The Committee on Claims and Accounts reported J.A. Burdett adversely on the Claims of Henry Pierce and J. H. Burdett, and their reports were adopted. "Cow ard" A favorable report was received from Aldermen Carleton and Assmann, of the Ordinance Committee, on "an Ordinance to amend article 127, and to repeal article 137, of the revised penal Ordinances of the City of Austin". The Cow Ordinance laid over. - Stoppert. The printing Committee presented a report stating that the Contract for furnishing of stationery to the City offices until Dec. 1, 1890, had been awarded to M. A. v. H. B. Stoppert; that the doing of the Citys Job printing during the Van B. time named had been awarded to B. Van Boeckman. With reference to the newspaper printing the report states that the Committee made no award inasmuch as it was decided to recommend to the Council that the present mode of printing the minutes be discontinued and in lieu thereof that they be printed in a daily paper, the expense being about the same. --- Page break --- 580 Job Printing Alderman marris introduced, by request, a resolution stating that it is charged by competent printers that the reason there was no competition for the City printing is that the Contractor for the past year has not done the work according to specifications, and that to compete in price, other printers must pursue the Same course which is objectionable to them. The resolution asks that the matter be investigated, and if the Charges are found to be true, that the bids be again invited for doing the job printing. The resolution and that portion of the Committee's report Concerning the awarding of the Job printing were referred to the printing Committee with instructions to investigate the Charges and report the result to the Council. (Alderman Boland entered and answered to his name.) That portion of the report relative to Stationery and Newspaper printing was adopted, and the Committee was instructed to re-advertise for bids for doing the Citys newspaper printing. Sextons report The Cemetery Committee Submitted a report Cem-Comtce- on the City Sexton's report, which was referred to them at the last meeting of the Council. The report recommends that the fence and dead house be repaired, and that the roadway be repaired, ditched and drained and that the Committee be authorized to call on the Street Commissioner for the assistance of his force for the purpose, That the Council provide for additional burial ground for Colored people and paupers, ground for these purposes being exhausted. The report was adopted. Heiden Alderman marris presented a proposal from Light. - Heisler Electric Light plant to supply the City with Street lights. (Referred to the Committee on Water and Light without being read.) --- Page break --- 581 Unfinished Business. Emanuel. An Ordinance, entitled "An Ordinance appropriating the sum of three thousand and sixty eight dollars and thirty five Cents, to pay a judgment against the city in favor of J. E. Emanuel." was taken up on its third reading and read, and, on motion, passed by the following Vote. Yeas- Aldermen Bogland, Graham, Jackson, Jones, Morris, Newton, Nitschke, North, Phillips, Plath Schneider, Schuler, Townsend, Ziller - 15. Nay- Alderman - Motz. Carts. An Ordinance, entitled "An Ordinance making an appropriation (of $130.⁰⁰) to build Deaver gob Carts for use of the City," was taken up on its second reading and read, and under suspension of the rules, was read a third time and passed. Voters. An Ordinance; - entitled "An Ordinance to prevent electioneering with voters at or within one hundred yards of the polls on the day of any election." was taken up on its second reading and read. Alderman Morris then moved to amend Section one, line thirteen, by inserting after the words "and" the word "may", and in the same Section in line fifteen by inserting after the word "leaves" the word "and", and in Section four, line nine, after the word "duties" insert the word "of", and in the same section, in line ten, after the word "policeman" insert the word "there", and in the same section, and line after the word "shall" strike out the word "appoint" and insert the words "be appointed by the City Council". The amendments where adopted and a motion was made to suspend the rules and place the Ordinance on its third reading, which was lost by the following Vote. Yeas- Aldermen, Anderson, Graham, Jackson, Morris, Newton, North, Phillips, Schneider, Schuler, Townsend, [illegible]. --- Page break --- 582 Nays. Aldermen - Boland, Jones, Metz, Nitschke, Platt, Ziller. 6. 500$ for Charity An Ordinance entitled "An Ordinance appropriating the sum of $500 to be used for charitable purposes," was taken up on its second reading and read, and on motion of Alderman Morris, laid upon the table by the following vote: Yeas. Aldermen - Graham, Jackson, Metz, Morris, Newton, Nitschke, North, Phillips, Schneider, Townsend, Ziller - 11. Nays. Aldermen - Anderson, Boland, Jones, Platt, Schuber - 5. "Cow Ord." 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," was taken up on its second reading and read, after which a motion was made to suspend the rules and place it on its third reading, which was lost by the following vote: Yeas - Aldermen - Anderson, Graham, Jackson, Morris, Newton, North, Phillips, Schneider, Schuber, Townsend, Ziller. - 11. Nays. Aldermen - Boland, Jones, Metz, Nitschke, Platt. 5. Cistern. Alderman Anderson introduced an Ordinance entitled "An Ordinance providing for the repairing of the Cistern at the City Hall". It was read first time, after which Alderman Boland moved to lay it on the table. The motion was lost by the following vote: Yeas. Aldermen - Boland, Metz, Newton, North, Platt - 5. Nays - Aldermen - Anderson, Graham, Jackson, Jones, Morris, Nitschke, Phillips, Schneider, Schuber, Townsend, Ziller - 11. Cemetery Alderman Ziller introduced an Ordinance Repair appropriating the sum of $85 for the purpose of repairing the dead-house, fence, etc., at the City Cemetery. It was read first time, and under suspension. --- Page break --- 583 of the rules a second time, after which Alderman Ziller moved to amend by inserting the words "the Cemetery fund" in line 6. Adopted. The rules were futher suspended, and the Ordinance was read a third time, and passed. Interments. Alderman Phillips moved that the city sexton be instructed not to make any interment until the person asking for such interment produces a receipt from the city Assessor and Collector showing that the ground that is to be so used is paid for. adopted. Detective. Alderman Graham introduced an Ordinance entitled "An Ordinance Creating the office of city detective." It was read first time, and under a suspension of the rules a second time, after which Alderman Morris moved to amend Section one by adding thereto "provided, that said detective shall not demand or receive any emolument from any private person or persons for any detective work, and it shall be grounds for his removal from office, to demand or receive any such fee or emolument from any person." Alderman Graham moved to amend the amendment by striking out the words "or receive". The amendment was accepted, and the amendment as amended was then adopted. Motions were then made to suspend the rules and place the Ordinance on its third reading, and that it do pass, both of which were adopted by the following vote: Yeas, Aldermen- Anderson, Boland, Graham, Jackson, Jones, Metz, Newton, Nitschke, North, Phillips, Platt, Schuber, Townsend, Ziller - 14. Nays - Aldermen - Morris, Schneider - 2. Alderman Anderson introduced an Ordinance Apprvd accts. entitled "An Ordinance - appropriating the sum of $1262.90 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. and passed by the --- Page break --- 584 following vote - Yeas - Aldermen - Anderson, Boland, Graham, Jackson, Jones, Morris, Newton, Nitschke, North, Phillips, Schneider, Schuber, Townsend, Ziller - 14. Nays - Aldermen - Metz, Platt - 2. Alderman Anderson also introduced an Ordinance entitled "An Ordinance appropriating the sum of $3200 for the purpose of paying officers and regular employees of the City of Austin for the month of February 1890." It was read first time, and under suspension of the rules was read a second time, after which Alderman Anderson moved to amend the caption and section one by striking out "$3200" and inserting in lieu thereof "$3380". The amendment was adopted and under further suspension of the rules the Ordinance was passed by the following vote. Yeas - Aldermen - Anderson, Boland, Graham, Jackson, Jones, Metz, Morris, Newton, Nitschke, North, Phillips, Schuber, Townsend, Ziller - 14. Nays - Aldermen - Platt, Schneider - 2. Alderman Nitschke moved to adjourn. Lost. Culvert. Alderman Nitschke offered an Ordinance entitled "An Ordinance appropriating the Sum of $242.50 for the purpose of building a Culvert on Curve Street between 11th and 12th Streets". It was read first time, and on motion of Alderman Phillips, referred to the Cemetery Committee Day Clerk Alderman Graham presented an Ordinance entitled "An Ordinance amending Sub-division 14 of Section One, of an Ordinance entitled 'An Ordinance fixing the Compensation of the officers and employees of the City of Austin from the date of their qualification' passed and approved December 28, 1889." It was read first time, after which Alderman --- Page break --- 585 Platt moved to adjourn - Lost. Alderman Platt was then excused. Printing Alderman Graham introduced an Ordinance entitled minutes "An Ordinance abolishing the printing of the minutes of the City Council in pamphlet form and providing for the publication of the same in a daily Newspaper." It was read first time, and under suspension of the rules was read a second time, after which Alderman North moved to amend sections 3 and 5, so the Ordinance shall take effect from the ratification of the Contract for doing the printing. The amendments were adopted, and under suspension of the rules the Ordinance was read a third time and passed. Alderman Morris moved to adjourn. Lost. Day Clerk The Ordinance to amend the Ordinance fixing Salaries and which was referred to just previous to the last named Ordinance, was again taken up and a motion to suspend the rules and place it on its second reading was adopted by a Two-third vote of the whole Council. The Ordinance was then read a second time after which a motion was made to suspend the rules and place the Ordinance on its third reading, which was lost by the following vote. Yeas. Aldermen- Anderson, Roland, Graham, Jackson, Jones, Metz, Newton, Nitschke, North, Phillips, Schuber, Townsend, Zeller - 13. Nays - Aldermen- Morris, Schneider - 2. The Council then adjourned Milton Morris City Clerk