682 The minutes of a Regular Meeting of the City Council. Austin, Tex., Sept. 15, 1890. Hon. John Mc Donald, mayor, presiding. Roll Call. Present Aldermen Adamana, Abraham, Hume, Jackson, Jones, Linn, Morris, Nitschke, Platt, Schuber, Townsend, Gillen - 12. Absent Aldermen Anderson, Carlston, Motz, Newton, North, Phillips, Schneider - 7. Aldermen Linn moved that the minutes of the meting of the City Council which was held on the first day of September, 1890, be adopted as recorded by the City Clerk. Alderman Morris moved to lay the motion on the table. Carried. Aldermen Anderson and North entered the Council and answered to their names. Minutes. The minutes above referred to were read and adopted. Election Alderman North moved that the regular order of business be suspended for the purpose of Canvassing the returns, declaring the result and installing the alderman elected in the Ninth Ward on September 9th 1890. Carried. A motion was then made that the mayor appoint three tellers to Canvass the returns. Carried. The mayor appointed Aldermen North, Graham and Linn as tellers. The tellers reported that they found the returns in due form, and the result as follows: For Alderman Ninth Ward: Wingfield. D. L. Wingfield received 129 Votes. Byrne. James Byrne received 74 Votes. Wingfield's majority 55 Votes. The mayor then declared D. L. Wingfield duly elected Alderman from the Ninth ward for the unexpired term. A motion was made and adopted that the mayor appoint a special Committee to escort Mr Wingfield to the bar of the Council, and Aldermen Platt, North and Mearis were appointed. Mr Wingfield then came forward accompanied by the Committee and the Oath of Office was administered to him by the mayor, and he took. --- Page break --- 683 a seat in the Council. Also a petition from Citizens of the First Ward Also was presented requesting the removal of the Coffee, lunch and Chili stand from the Corner of Fourth and Colorado Streets. The petition was granted and the City marshal directed to remove the Stand. A proposition to Compromise back taxes due on Certain lots in outlots 44 and 55, division, D, was received from N. S. Walton, agent of Mattie Robards Mayer. It was referred to the Committee on Claims and accounts. Alderman Morris, at his request, was excused from voting on the matter. Pine St. Alderman Linn presented a petition of citizens requesting that Pine Street be opened So as to Connect with Burnet Street and thereby afford a much needed out-let to the western part of the City. Referred to the Street Committee. Brass - Alderman Platt presented a petition from Amelia Alleg. 37 Brass, requesting the removal of a dilapidated wooden building that is now situated in the alley in block No. 37, she being the owner of lots 5, 6, and 7 in said block. Referred to the Street Committee. Hog pens Alderman Platt also introduced a petition from citizens stating that the hog pens situated in the alleys between East Sixth and Seventh streets; between East Avenue and East San Marcos streets and also on the same alley between East Sixth and Seventh Streets are nuisances, and requesting that they be removed. Alderman Platt moved that if the facts set forth in the petition are true, that the health officers be directed to take the proper steps at once to have the nuisances abated. Carried. Alley... The Street Committee, to whom was referred a petition of Citizens requesting that the alley between Trinity and Nueces Streets, South of Thirteenth Street be opened for traffic through Block 145, submitted a favorable report thereon, recommending that the City marshal be authorized to have the parties encroaching on said alley place their fences on the line to be furnished by the City [illegible]. --- Page break --- 684 The report was adopted. marshals The police Committee submitted reports on the city reports. marshal's reports for the months of June, July & August, 1890, stating that they had examined them and found them Correct. No action was taken on the Committee reports. Alderman Platt, chairman of the special Committee appointed to draft and present to the City Council appropriate resolutions on the death of Alderman Boland, submitted the report of the Committee and the following preambles and resolutions: "Resolutions adopted by the City Council of Austin upon the death of Alderman Michael Boland. Whereas, It has pleased Providence to withdraw the late Michael Boland from his sphere of earthly usefulness, and Whereas, At the time of his demise, On the 9th day of August, A.D. 1890, the said M. Boland was an Alderman of the City of Austin, representing the Ninth Ward in the Board of Aldermen, and Whereas, It is meet that this body should enter of record its sense of the loss of one of its members Be it resolved by the City Council of the City of Austin That by the death of the late M. Boland the City of Austin has been deprived of a useful citizen and the Council of an honored member. Resolved, That the deceased was an honest man, a man strong in his convictions of right and fearless in maintaining them. Resolved, That the deceased was a worthy example of the Irish American citizen and self made man, in having with only limited early opportunities earned for himself a reasonable Competency, a respected position among his fellow citizens and a place of trust and honor in municipal matters. Resolved, That these resolutions be spread upon the minutes and that a certified copy of the same be furnished by the City Clerk to Mrs. Mary Helen, the surviving Sister and sole near relation of the late M. Boland, together with a certified Copy of the Special Committee report which presented the same." --- Page break --- 685 Alderman Morris moved that the resolutions be adopted. Carried. Alderman Ziller Called up an Ordinance amending Article 407 of the Revised Civil Ordinances of the City of Austin, which was on the table on its second reading subject to Call. It was read a second time 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 passed. An Ordinance appropriating the Sum of $4,802.41 for the purpose of paying approved accounts was taken up on its third reading and read. Alderman Linn asked the unanimous Consent of the Council to the introduction of the following amendment to the Ordinance: The Statesman Publishing Company for printing synopsis of the minutes of the Council, notices, etc, during the months of July and August, $133.44. There being no objection the amendment was offered and adopted. Alderman Morris then offered as a substitute for the ordinance last above referred to, "An ordinance appropriating the sum of $1852.09 for the purpose of paying approved accounts". Alderman Jones moved to lay the substitute on the table, and the motion was lost by the following vote: Yeas - Aldermen Assmann, Graham, Jones, Platt, Ziller-5. Nays - Alderman Anderson, Hume, Jackson, Linn, Morris, Nitschke, North, Schneider, Schuler, Townsend, Wingfield-11. The substitute was then adopted by the following vote - yeas - aldermen Anderson, Assmann, Hume, Jackson, Linn, Morris, Nitschke, North, Schneider, Schuler, Townsend, Wingfield - 12. Nays- Aldermen Graham, Jones, Platt, Ziller-4. The substitute was then passed by the following vote-yeas Aldermen Anderson, Assmann, Graham, Hume, Jackson, Linn, Morris, Nitschke, North, Schneider, Schuler, Townsend, Wingfield, Ziller - 14. Nays - Alderman - Jones and Platt- 2. --- Page break --- 686 Hacks A report from the Ordinance Committee, which Substitute was presented at the last meeting of the Council, recommending the adoption of the Substitute which accompanies the report, for an Ordinance entitled "An Ordinance prohibiting drivers of hacks and other Vehicles and other persons from entering the depot grounds in the city of Austin for the purpose of receiving or discharging freight or passengers except in the manner provided by this Ordinance", was again taken up and on motion adopted. Aldermen Linn and Jones were excused. The substitute above referred to and which is entitled " An Ordinance prohibiting drivers of hacks and other Vehicles and other persons from entering the depot grounds of the Union depot of the International and Great Northern Railroad Company and the Houston and Texas Central Railroad Company in the city of Austin for the purpose of receiving or discharging freight or passengers, except in the place and in the manner as provided by this Ordinance, and to provide a penalty for the violation of the provisions of this Ordinance, was read. Motions were then made to suspend the rules and place the Ordinance on its second and third readings, both of which were adopted by a vote of two-thirds of the whole Council and it was accordingly read and on motion passed. Water+Light A resolution with reference to water and light was taken up on its second reading and read and referred to the Committee on water and light. Wingfield The mayor announced that he had appointed Alderman Comtee Wingfield a member of the Committee on Claims and Accounts, and Sanitation and Sewers, in place of the late Alderman M. Boland. St. grades Alderman Morris introduced an Ordinance establishing the grades of the Streets of the city of Austin. It was read first time after which a motion was made to suspend the rules and place it on its second reading which was adopted by a vote of two-thirds of the whole Council. It was then read a second time, after which Alderman North offered the following amendment which was adopted: " Provided, that the natural topography of the city shall not be altered without prior consent of the city engineer. --- Page break --- 687 Street Commissioner and Street Committee, more than 2 feet." 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. The Ordinance was then read a third time and on motion passed. Alderman Anderson introduced an Ordinance amending Article 74 of the Revised Penal Ordinances of the City of Austin. It was read first time after which motions were made to suspend the rules and place it on its second and third readings both of which were adopted by a vote of two-thirds of the whole Council and the Ordinance was accordingly read and on motion passed. Art. 153 Alderman Humes by request introduced an Ordinance amending Article 153 of Title 4, Chapter 1 of the Revised Penal Ordinances of the City of Austin It was read and referred to the Committee on Ordinances. Art. 281 Alderman Ziller presented an Ordinance amending Art. 281, Title Eight, Chapter two, of the Revised Civil Ordinances of the City of Austin. 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 two-thirds of the whole Council and it was accordingly read and on motion passed. Alderman Morris introduced the following, which was adopted: Charter (Resolved by the City Council of the City of Austin, That a Committee be appointed by the Mayor, to consist of three aldermen and five other Citizens, to prepare and submit to the Council a new City Charter for the Council to approve if it dees proper, and request the State Legislature to pass it at its next session. Art. 31 Alderman Morris presented a resolution, which was referred to the Street Committee, directing the City Engineer to open Fourth Street in a westerly direction from West Avenue to western limits of the city as far as the same can be opened --- Page break --- 688 without paying for private property, and to negotiate with owners of such private property as it will be necessary to purchase or condemn in order to open said street to the Western limits of the City and to report to the next meeting of the Council the terms upon which such private property as may be necessary can be purchased without Condemnation proceedings. The Council then adjourned Milton Morris, City Clerk.