586 Shel minutes of a Regular meeting of the City Council Austin, Tex; March. 3, 1890. Hon. John M. donald, mayor, presiding. Roll Call Present - Aldermen Andersen, Assmann, Carleton, Hume, Jackson, Jones, Linn, Morris, Nitschke, North, T. Platt, Schulhon, Ziller. 13 Call Aldermen Ausland, Graham, J. Mays, Newton, Phillips, Schneider, Townsend - 7. Call of Council. A Call of the Council was ordered. Ald-Graham and Aldermen Graham and Townsend entered and answered to Townsend. Call their names and the Call was suspended. Minutes The minutes of the last regular meeting of the City Council were adopted as printed. S. D. Moore A proposal from S. D. Moore to Koop the City Clerk City Clerk. in repair one year for $50. was received and accepted and the City Clerk authorized to make a Contract accordingly. Petitions. Pet. Pro. H. C. Alderman Linn introduced a numerously signed petition from Citizens of the Third, Fourth Fifth Sixth and Seventh wards asking that a suitable house be erected for Protection Hose. Co. No. 3. It was read and laid over to be taken up with an Ordinance covering the question. Pet. Cow Ord. Alderman Nitschke presented a numerously signed petition against the passage of the "Cow Ordinance". Alderman Carleton moved that the reading of the signatures be omitted, and that it be referred to the Committee on Charity. Alderman Nitschke moved to lay the motion on the table. Carried. The petition was then laid over to be taken up with the pending Ordinance on the Subject. Ald-Newton Alderman Newton entered and answered to his name. Cow Ord. No 3 Alderman Anderson offered by request a petition against the passage of the "Cow Ordinance". It was laid over to be taken up with the Ordinance. Reports of City Officers. Report of the City Assessor and Collector. --- Page break --- 587 for the quarter ending January 31 1890: Exclusive of School taxes Total Collections, Collected $14.049.76 _3.554.57_ $17.604.33 Clerk. Referred to Finance Committee. Statement by City Clerk of warrants issued during January 1890. Total amount $1,173.02. Referred to Finance Committee. Engr. Report of the City Engineer on bridges and CulvertsBridges needing repairs and Cost of Same: Wooden bridge on First Street, $250.00. To repair wooden bridge on Robertson Street in Eighth Ward, $154.50. To repair wooden Culverts and bridges on Pean, Waller, Robertson, West Seventeenth and West Sixteenth Streets, 320 feet of lumber. The Cost of new bridges and Culverts - Arch Culvert on Waller Street between Pine and Roan Streets $411; Arch Culvert 100 feet in length on CurveStreet, Seventh Ward $42.50. Stone arch bridge, 50 feet roadway, on East Eigth Streets, $1,184.40. An iron bridge of 5 feet opening and 20 feet roadway at this place would Cost about $1400. The report was referred to the Street Committee. Sexton. The City Sexton’s report for the month of Jany. 1890; Total Deaths 20; white 13 Colored 8. Referred to Cemetery Committee. Marshal. Report of City Marshal for the month of Jany. 1890: Total amount of fines, Costs, etc. Collected $264.35 Arrests, 58. Referred to police Committee. Tr- Report of City Treasurer from January 6, to February 3, 1890: Balances January 6 $5,163.47 Receipts to February 3, 5,391.16 _______ $10,554.63 Disbursements $4,327.39 Balances Feby. 3 6,227.24 _______ $10,554.63 Referred to Finance. --- Page break --- 588 Phy. Report of the City Physician for the month of Jany. 1890: Number Patients in hospital January 1, 11. " admitted to " in " 11. " discharged " " " 5. " deaths " 3. " Remaining 14. Prescriptions, written for paupers 273. Visits made to paupers 163. Referred to the hospital Committee. Report of City Officers for the month of Feby. 1890: City Physician Patients in hospital Feby. 1 13. " admitted to " in " 8. " Discharged from " " " 11. Deaths 2. " in hospital "March 1 8. Visits to paupers 126. Prescriptions for " 221. Referred to hospital Committee. Ald. Metz Alderman Metz entered and answered to his name. marshal - City MarshalArrests, 47. Total amount of fines, Costs etc. Collected $290.55 Referred to Police Committee. Clerk. City Clerks - Total amount of warrants issued, $14.863.19. Referred to the Finance Committee. Ald. Boland. Alderman Boland entered and answered to his name. Sexton. City Sexton's - Total number of deaths 21; white 13; Colored 10. Referred to Cemetery Committee. Jr. City Treasurer's from February 3 to March 3, 1890: Balances Feb. 3 $6.227.24 Receipts to " March 3 $8.445.30 $14.672.54 Disbursements 9.148.64 Balances March 3 5.523.90 $14.672.54 Referred to Finance Committee. Bd. Fire Commrs. The Board of Fire Commissioners to whom was Pro-H. c. #3 referred an Ordinance entitled "An Ordinance Building --- Page break --- appropriating the sum of $3500 for the cost of plans and building for Protection. Hose Company No.3, presented a report in favor of the passage of the Same. Said over. Bd. Fire Com The board of Fire Commissioners also reported recommenE. A. H. Co. ding the passage of an Ordinance entitled "An Ordinance appropriating $500 for the Cost of plans and building for East Austin Hose Company No.4. Said over. Bd. Fire The board of Fire Commissioners presented a resolution, Comrs which they had unanimously adopted, stating " That the City Marshal of the City of Austin, after having been notified by the chief of the fire department of the erection of a wood and iron building by W.J. Sutor, within the fire limits of this City, and he, the City Marshal, allowing the Same to be erected after having been notified by the Chief, Contrary to the fire ordinance of this City, I therefore be it Resolved, That we, the board of Fire Commissioners would most respectfully ask your honorable body - to insist upon the enforcement of the fire Ordinances of the City, and that he, the marshal, be so instructed by your honorable body. A motion was made and adopted granting the request and directing the City Marshal to enforce the Ordinance regulating the fire limits. Driskill St. The street Committee presented a favorable report on a petition of Citizens requesting the opening of Driskill Street from its intersection with Red River Street on the West to East avenue on the East. The report requires the marshal to notify the parties to open the Same. The report was adopted. Printing The Committee on printing to whom was referred a resolution alleging that the job printing of the City for the year 1889 was not done in accordance with the Contract and requesting that the matter be investigated Submitted a report, stating in Substance that the work complained of was done for a former administration and was received, accepted and paid for by Said administration, which is a virtual acknowledgment of the Correctness of the work, and, in the opinion of the Committee, really Settles the matter. --- Page break --- 590 So far as the Council is concerned. The report was adopted. The Same Committee submitted a report recommending That the Contract for doing of the city's job printing until December 1, 1890, be awarded to Eugene Van Boeckmann. Adopted. Culvert. The Cemetery Committee, to whom was referred an Ordinance entitled "An Ordinance appropriating the sum of $3112.50 for the purpose of building a Culvert on Curve street, between Eleventh and Twelfth Streets", submitted a report recommending the passage of the Ordinance. Laid Over. Unfinished Business: Salary, police An Ordinance entitled "An Ordinance amending Clerk." sub-division 14 of Section 1 of "an Ordinance fixing the Compensation of the officers and employes of the City of Austin from the date of their qualification "passed and approved December 28, 1890" was taken up on its third reading and read and passed by the following Vote - Yeas. Aldermen - Anderson, Assmann, Graham, Hume, Jackson, Jones, Metz, Newton, Nitschke, North, Platt, Schuber, Townsend, Ziller - 14. Nays - Aldermen - Boland, Carleton, Linn, Morris - 4. Ald. Schneider. Alderman Schneider entered and answered to his name. Animals. An Ordinance entitled "An Ordinance - to be entitled an Ordinance to amend Article 127 and to repeal Article 139 of the Revised Penal Ordinances of the City of Austin", was taken up on its third reading. Amendment. Alderman Graham offered an amendment - to include the territory lying between Shoal and Waller Creeks between Orange Street and the northern limits of the City. The amendment was adopted by the following VoteYeas - Aldermen - Anderson, Assmann, Carleton, Graham, Jackson, Jones, Newton, Nitschke, North, Platt, Schneider, Townsend - 12. Nays - Aldermen - Boland, Hume, Linn, Metz, Morris, Schuber, Ziller - 7. Alderman Platt moved to postpone action on the Ordinance until the next regular meeting. Alderman Morris moved to lay the motion on the table. Carried by the following Vote - Yeas - AldermenAssmann, Carleton, Graham, Jackson, Linn, Morris. --- Page break --- 591 North, Schneider, Townsend, Ziller - 10. Nays - Aldermen - Anderson, Boland, Hume, Jones, Metz, Newton, Nitschke, Platt, Schuber - 9. " Alderman Platt then offered the following amendment to Section 1: " "Provided, that nothing in this Section shall be so Construed to prevent a family from allowing one milk Cow to run at large in the day time when Such Cow wears a Collar with the name of the owner plainly marked thereon and attached thereto. And the owner of any Cow permitted to run at large, shall be responsible for all damage done by the Same." " " Alderman Carleton moved to lay the amendment on the table. Carried by the following Vote - Yeas - Aldermen Assmann, Carleton, Graham, Jackson, Linn, Morris North, Schneider, Townsend, Ziller - 10. Nays - Aldermen - Anderson, Boland, Hume, Jones, Metz, Newton, Nitschke, Platt, Schuber - 9. " Alderman Nitschke offered an amendment to permit milk Cows to run at large in the day time East of Waller Creek and West of Shoal Creek. It was adopted, and the Ordinance was read a third time and passed by the follow- ing Vote - Yeas - Aldermen - Anderson, Assmann, Boland, Carleton, Graham, Hume, Jackson, Linn, Morris, Newton, North, Schneider, Townsend, Ziller - 14. Nays - Aldermen - Jones, Metz, Nitschke, Platt, Schuber - 5. Electioneering An Ordinance entitled "An Ordinance to prevent electioneering with Voters at or within 100 yards of the polls on the day of any Election", was taken up on its third reading and read and lost by the following Vote - Yeas - Aldermen - Assmann, Carleton, Graham, Hume, Jackson, Linn, Morris Newton, North - 9. Nays - Aldermen - Anderson, Boland, Jones, Metz, Nitschke, Platt, Schneider, Schuber, Townsend, Ziller - 10. " Alderman Anderson gave notice that he would move to reconsider the Vote by which the Ordinance failed to pass at the next meeting of the Council. P. H. Co. #3 An Ordinance entitled "An Ordinance appropriating the sum of $3,500 for the Cost of plans and building for "Protection Hose Company No. 3", was --- Page break --- 592 Taken up on its second reading and read. A motion was then made to suspend the rules and place the Ordinance on its third reading which was carried by a two-thirds vote of the whole Council and the Ordinance was laid over. The mayor then read the following Veto: To the Honorable Board of Aldermen: Gentlemen - I return I, men, herewith without my approval an Ordinance entitled "An Ordinance Creating the office of City detective". I regret that it has become necessary for me to withhold my approval of a measure that has met with your sanction, but in view of the financial Condition of the City at this time, I deem it my plain duty and imperatively necessary to do so. The City already has seventeen men constantly employed to preserve the peace and protect the life and property of our Citizens. And for this purpose alone the City pays annually the sum of $13,560. It seems to me that for this sum Our Citizens should have ample protection. If it is necessary to have a detective in the force would it not be better to discharge some one of the present number to give him a place as our number is now as large as it was last year; and I can see no use or necessity for increasing it. As I stated at our last meeting we have only about $7,000 for public improvements of every character for the entire year, after deducting the Current expenses already assumed. Quite a small sum is this, when we consider that two of our thoroughfares are impassable and closed to travel for need of repairs to bridges, causing great inconvenience and annoyance to many of our Citizens. Besides, several other bridges have been examined and found to be in a dangerous Condition for want of repairs. I believe your action upon this Ordinance was largely due to a very respectable petition asking it. However, I cannot believe the Citizens would have asked this additional expense had they been aware of the financial Condition of our City. The fire department is calling for quarters to protect its property, and we have not taken into consideration any unforseen expense of any character, but --- Page break --- it is safe to say we will have them before. the close of the year. They always come. I Cannot say where we can obtain means to meet our necessary expenses until December 1, 1859, unless we have this sum and cease to increase our regular expenses. We now have in the City Clerks office awaiting payment, over $7000 in bills which have already been approved by your honorable body. I do not think our police force should be increased, but would willingly approve an Ordinance Creating another mounted policeman instead of our present force as soon as a vacancy occurs, but his pay should be the same as is now paid the mounted police. In Consideration of these facts, I ask that you reconsider the vote by which the Ordinance was passed. Very truly yours, John McDonald, Mayor. Alderman Morris moved to reconsider the vote by which the Ordinance was passed. Carried. Alderman Anderson moved to pass the Ordinance over the Mayor's Veto. The motion was lost by the following Vote: Yeas. Aldermen-Anderson, Assmann, Boland, Jones, Imott, Newton, Nitschke, Platt, Schulze-9. Nays-Aldermen-Carleton, Graham, Hume, Jackson, Linn, Morris, North, Schneider, Townsend, Ziller-10. Alderman Ziller stated that he was in favor of having a detective and voted as he did on account of the financial Condition of the City and asked to be so placed upon the record. Roller The mayor recommended that a fine ton roller to cost $500 be purchased and that the same be used by the street Commissioner to enable him to do permanent work. That to make the streets better by the work done upon them. it is necessary to roll and pack them down. He also Sewer recommended the purchase of sewer pipes to be used Pipe. where proper in new work and for Culverts across the streets to take the place of wooden Culverts as they become dangerous. No action was taken on the recommendations. --- Page break --- 594 Conton J. H. L. mayor stated that a ponton for the City hall had not yet been elected, and nominated the Council porter, Geo. Washington, who was unanomously reelected. The three following Ordinances were taken up on second reading and read and laid over until the next regular meeting of the City Council: "An Ordinance appropriating the Sum of $800 for the cost of plans and building from East Austin Hose Company, No. 4." Cistern "An Ordinance providing for the repairing of the Cistern at the City hall." Culvert. "An Ordinance appropriating the sum of $342.50 for the purpose of building a culvert on Curve Street between Eleventh and Twelfth Streets". Mch-Salaries. Alderman Hume introduced an Ordinance entitled: "An Ordinance appropriating the sum of $3300 for the purpose of paying officers and regular employees of the City of Austin for the month of March, 1890." It was passed under suspension of the rules by the following Vote - Yeas - Aldermen - Anderson, Assmann, Boland, Carleton, Graham, Hume, Jackson, Jones, Linn, Metz, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Townsend, Ziller - 19. Appvd. accots. Alderman Hume also presented an Ordinance entitled "An Ordinance appropriating the sum of $1451.90 for the purpose of paying approved accounts". It was read first time and under Suspension of the rules a second time. Jno Chenneville. Alderman Graham then moved to amend Section 1 by adding $40 to pay John Chenneville for services as policeman during the month of February. Adopted. The caption was then Changed to Conform to the amendment, and the ordinance was passed under Suspension of the rules by the following Vote.Yeas - Aldermen - Anderson, Assmann, Boland, Carleton, Graham, Hume, Jackson, Jones, Linn, Metz, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Townsend, Ziller - 19. Alderman Linn introduced a Resolution instruc. --- Page break --- ting the City Clerk to have a Synopsis of the minutes of the present meeting of the Council printed in the Daily Newsman; and to discontinue printing them in pamphlet form. Adopted by the following Vote. Yeas- Aldermen, Carleton, Graham, Hume, Jackson, Linn, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Townsend, Ziller 17. Nays - Aldermen- Anderson, Assmann, Boland, Jones, Metz, 5. Alderman Schuber offered an Ordinance entitled "An Ordinance appropriating the sum of $500 to purchase a roller for use in the public Streets of the City." It was read first time and, under suspension of the rules, a second time: A motion to adjourn was then made and lost by a vote of 5 to 14. A motion was then made to suspend the rules and place the Ordinance on its third reading which was lost by the following Vote - Yeas. Aldermen. Assmann Graham, Hume, Jackson, Linn, Morris, Newton, Nitschke, Schneider, Schuber, 10. Nays - Aldermen - Anderson, Boland, Carleton, Jones, Metz, North, Platt, Townsend, Ziller - 9. City Warrants. Alderman Schneider presented an Ordinance entitled "An Ordinance to prevent the delivery of any City Warrant by the City Clerk to any person who is in default of City taxes or other indebtedness!" It was read first time and a motion then made to suspend the rules and place it on its second reading. was lost by the following Vote - Yeas - Aldermen.Anderson, Assmann, Carleton, J. Graham, Hume, Jackson, Linn, Morris, Nitschke, North, Schneider, Schuber, Townsend - 13. Nays - Aldermen - Boland, Jones, Metz, Newton, Platt, Ziller - 6. Cart. Alderman Assmann introduced an Ordinance entitled "An Ordinance to authorize the Cemetery Committee to have a Cart built or purchase one for the City Cemetery and to make an appropriation to pay for the Same". Referred to the Committee on Cemeteries. On the recommendation of the mayor the --- Page break --- 596 m. Williams fines and Costs appea'd in the Recorders Court Geo. #s against Monroe Williams and Joe Higgins were remitted. Alderman Moty then moved to adjourn. Adopted. Milton Morris, City Clerk.