670 The Minutes of a Regular Meeting of the City Council. Austin, Texas, August, 15, 1890. Han. John Mc Donald mayor presiding. Roll Call Present - Aldermen Anderson, Assmann, Carlotan, Hume, Jones, Linn, Morris, Newton, North, Phillips, Platt, Schulen, Townsend, Ziller - 14. Absent - Aldermen Graham, Jackson, Motz, Nitschke, Schneider - 5. Alderman Platt moved to amend the minutes of the meeting of the City Council which was held on the 14th day of August 1890, where reference is made to the adoption of a motion that was made to ratify and confirm the Sale of Water Works and Electric Light bonds as reported by the mayor by striking out the word "unanimously", he having voted against the adoption of the motion. Alderman Morris moved as a substitute that the minutes be changed so as to show that the motion to ratify and Confirm the Sale of said bonds was adopted with but One dissenting Vote - Carried. The minutes were then adopted as amended. $800- for E.18th Alderman Schulen, of the Street Committee, reported St Bridge. favorably on an Ordinance appropriating the Sum of $800 for the purpose of rebuilding a bridge on East Eighteenth Street. Laid Over. 5to-5th&6th wards The Street Committee reported favorably on a petition of Citizens of the Fifth and Sixth Wards to have certain Streets in said Wards repaired, and the report was, on motion of Alderman Linn, adopted. Davis St. The Street Committee introduced an unfavorable report on a petition from Citizens of the Tenth ward requesting the Continuation of Davis Street to East Avenue, and the report was adopted. Sidewalks, bids The Same Committee, to whom was referred a [illegible] resolution looking to the Widening of Sidewalks and the narrowing of the Streets of the City, reported --- Page break --- 671 adversely thereon, except as to the Sidewalks on College Avenue, which the Committee recommended to make fifteen feet wide, because the street is a very wide One and Centers on the Capitol, and by this change would Correspond more with the Avenue. The report was adopted. The Committee on Claims and Accounts reported favorably the Claim of Calcasieu Lumber Company for $[illegible] for Expense Caused by the City delaying the Construction of the fence around the new Addition to the City Cemetery, which Said Company was Conducting for the City. The report was adopted. Water light The Committee on Water and Light who were instructed to inquire into the Character of lights furnished to the City by the Austin Water, Light and Power Company as to whether the Same are in Compliance with the Contract between the City and Said Company reported that they employed Prof. Alex. McFarlane, of the University of Texas, to test the Candle power of the arc and incandescent electric lights furnished by Said Company and that he had furnished the Committee with a report Stating that the incandescent lights Examined by him gave a light equal to between twelve and Sixteen Candles; and that "the arc lamps Corner Twenty fourth Street and San Marcos Street, and Corner Twenty first Street and San Marcos Street were Examined. The light from these lamps was Very Variable. The mean intensity of the former Varied from 400 to 1000 Candles, the average being about 700, while the intensity of the latter was observed to Vary from 100 to 1000, the mean intensity being about 700." The Committee report further States: " It appears from this Calculation made by Prof. McFarlane that the Water, Light and Power Company have not Complied with their Contract as to furnishing lights to the City of Austin. The Contract requires twentyfive Candle power for incandescent lights and 2000 Candle power for arc light, whereas the Calculation Shows that the incandescent light furnish Only but [illegible] as a minimum --- Page break --- 672 and Sixteen Candle power as a maximum, and that the arc lights furnish an average of Only 700 Candle power. Therefore, your Committee recommend that the pay of Said Company for lights be reduced to Such an amount as will be in proportion to the price paid for a Certain amount of Candle power of lights as shown by the Contract. The report was adopted. Teleln... "An Ordinance Continuing to the Southwestern Telegraph and Telephone Company the right to erect telephone poles and wires, and granting Said rights all on terms and Conditions herein Stated" was taken up on its third reading, and Alderman Ziller moved to amend Section 5 by Striking out the following words after the words "One telephone at" "Such place as may be determined by the City Council" and inserting in lieu thereof the following after the words "One telephone at" the City hall and one telephone at Each of the fire department houses. Carried. The Ordinance was then read a third time and passed. Water trough "An Ordinance providing for the placing of a Watering trough on Mesquite Street near Congress Avenue" was taken up on its third reading and laid upon the table. Bridge An Ordinance Appropriating $150 for a brick Arched Culvert on Magnolia Avenue and San Antonio Street" was taken up on its third reading and read a third time and passed. Ald. Schneider Alderman Schneider entered the Council and answered to his name. Animals. Alderman Linn Called up "An Ordinance to prohibit Staking out neat Cattle, Cows and Calves in the public Squares and parks in the City of Austin, to prohibit hitching Such animals to fences On the public Streets of Said City, and to provide a penalty for the Same", and it was read a Second time. Alderman North moved to amend the Caption and Sections of the Ordinance by inserting after the word "Calves" the words "Horse, mule. or jackass". Adopted. A motion was then made to suspend the --- Page break --- 673 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 in third time and passed. The mayor presented a report outlining the work done by the board of public Works. The report refers to the organization of the Board and the employment of a Chief Engineer, assistant engineer and Secretary, and other matters. A copy of the Contract, Specifications, bond, etc, for the Construction of the dam was with the report and were referred to the City Attorney for report at the next regular meeting of the Council as to the legality of their form. message The Mayor also submitted a message to the Council announcing the death of Alderman m. Boland, and recommending that a special election be held in the Ninth Ward to fill the Vacancy Caused by his death. The message also recommends: 1. That the Council remit all of the special levy of tax for interest and sinking fund on the $1,400,000 Water Works and electric light bonds for 1890, except 33⅓ cents on the $100 Valuation, which amount will be sufficient to pay the interest and sinking fund on all of the said bonds that will be sold this year. 2. That $5300 be appropriated out of the proceeds of the Sale of Water Works and electric light bonds, to reimburse the general fund in the amount taken therefrom to pay expenses preliminary to the Construction of the dam to date, and that $5000 be appropriated to Continue the work. The message concludes as follows: "I present here- with a statement of the finances of the City, together with the estimated monthly expenditures to Dec. 1. 1890: Income as estimated by the assessor and Collector $20,907.69 Amount returned to general fund 5,300.00 Cash on hand 4,832.00 Total resources to Dec. 1, 1890 $31,039.69 "Estimated Expenditures on account of Current Expenses to Dec. 1, 1890, as per Statement hereto attached, $27,924, which leaves a balance of only $3,115.64 --- Page break --- 674 The attention of the Street Committee is Called to the fact that it will be necessary to greatly reduce their Extra force on the streets after September 1, for want of funds Sufficient to Cover Such Expense. Alderman Carleton offered "An Ordinance prohibiting persons from riding on the trains of the Houston and Texas Central Railway Company and the International and Great Northern railway Company within the city of Austin, Except Such persons as are passengers on such trains from or to points beyond the limits of the city, or who are authorized by the proper authorities of said railroads to so ride in them". It was read first time after which a motion was made to suspend the rules and place it on its second reading which prevailed by a Vote of two-thirds of the whole Council. The Ordinance was then read a second time after which Alderman North moved to amend the Caption and section one by inserting the words "Austin & Northwestern railway Company after the words "International & Great Northern railway Company." Carried. A motion was then 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 and the Ordinance read a third time and passed. Election. Alderman Plath introduced a resolution ordering an Election in the Ninth Ward for One alderman to fill the Vacancy caused by the death of W. Boland. It was read first time after which a motion was made to suspend the rules and place the resolution on its second reading which prevailed by a vote of two-thirds of the whole Council. It was then read a second time after which Alderman Morriss moved to amend Section One by inserting " Tuesday the 9th day of September 1890", as the date of the election. Adopted. A motion was then made to suspend the rules and place the resolution on its third reading which was Carried by a Vote of two-thirds of the whole Council. It was then read a third time and passed. [illegible] An Ordinance appropriating the sum of $800 for the --- Page break --- 675 purpose of rebuilding a bridge on East Eighteenth Street 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 adopted by a vote of two-thirds of the whole Council. The Ordinance was then read a third time and on motion, passed by the following Vote- Yeas- Aldermen Anderson, Assham, Carletan, Hume, Jones, Linn, Marris, Newton, North, Phillips, Plath, Schneider, Schuber, Townsend, Ziller - 15. Alderman North presented the following resolution which was adopted: "Whereas, The City of Austin has been sued by one Vic mother for the purpose of embarrassing the city in the marketing of the bonds. Resolved, That the city attorney be instructed to forthwith prepare the defense of the City without waiting for the defendants to be served with process. Resolved, That if by him deemed necessary, the city attorney retain Counsel to assist him in said litigation on such terms as the city attorney, the Mayor and such Counsel may agree upon. Resolved, That the final disposition of said litigation be expedited as much as possible by the City's Counsel. St.R.R. Alderman Ziller, by request, introduced "An Ordinance repealing an Ordinance entitled 'An Ordinance amending an Ordinance entitled an Ordinance amending section One of an Ordinance entitled an Ordinance granting the right of way to M. M. Shipe, his associates and assigns to construct, maintain and operate street railways along certain streets and avenues in the City of Austin, approved April 26, 1890- approved August 4, 1890." Alderman Carletan moved to indefinitely postpone Consideration of the ordinance. Alderman Marris moved to amend the motion made by Alderman Carletan by postponing Consideration of the ordinance until the next regular meeting of the Council. Alderman Carletan moved to table the motion made by Alderman Marris. Carried - Yeas- Aldermen --- Page break --- 676 Assmann, Carleton, Hume, Jones, Newton, North, Platt, Schuber-8. Nays- Aldermen Anderson, Linn, Morris, Phillips, Schneider, Townsend, Ziller - 7. Alderman Phillips moved to refer the ordinance to a special Committee of three for report at the next regular meeting of the Council. Alderman Carleton moved to lay the motion on the table. Lost-yeas- Aldermen Assmann, Carleton, Hume, Jones, Newton, North, Schuber-7. Nays-Aldermen Anderson, Linn, Morris, Phillips, Platt, Schneider, Townsend, Ziller-8. The ordinance was then referred by the following Vote: Yeas- Aldermen Anderson, Linn, Morris, North, Phillips, Schneider, Townsend, Ziller-8. Nays- Aldermen Assmann, Carleton, Hume, Jones, Newton, Platt, Schuber-7. The Mayor appointed Aldermen Phillips, Morris, and Carleton as such Committee. Engine Ho.... Alderman Schneider introduced an Ordinance appropriating $80 to put a floor in firemans hall. It was read first time, after which motions were made to suspend the rules and place the Ordinance on its second and third readings, both of which were adopted by a vote of twothirds of the whole Council and the Ordinance was accordingly read, and on motion passed. The Council then adjourned Milton Morris, City Clerk.