46 The minutes of a regular meeting of the City Council. Austin Texas. Jany. 5th 1891. Hon John McDonald, Mayor presiding. Roll call Present: Alderman, Carleton, Blaise, Graham, Hume, Jackson, Morris, Nitschke, North, Schneider, Schuber, Lime, Philips, Ziller = thirteen. Absent. Alderman, Anderson, Assmann, Newton, Philips, Platt, Townsend, Wingfield = seven. Alderman Lime moved that the City Clerk be excused on account of sickness. Carried. Alderman Lime also moved that the council take a recess of fifteen minutes to enable the committee to complete the appropriation ordinance to pay approved accounts. Adopted. Recess having expired the roll was again called and resulted as follows: Present. Alderman. Carleton, Blaise, Graham, Hume Jackson, Lime, Morris, Nitschke, North, Philips, Platt Schneider, Schuber, Sutor, Wingfield, Ziller= sixteen. Absent. Alderman Anderson, Newton, Assman, Townsend= four. The minutes of the meeting of the City Council which was held on the 15th day of Dec 1890, were adopted. Alderman Ziller presented, a numerously signed petition from citizens, requesting that the ordinance establishing the width of the sidewalk on the West side of Colorado Street between Seventh and Thirteenth Street at a width of twenty feet be repealed. It was read, and laid over, to be taken up with an ordinance to be introduced on the subject. On the recommendation of the Mayor the fine and costs assessed in the recorders court against J.A. McDowell and J. H. McKinney were remitted. A. petition was introduced from citizens residing on University Avenue, south of the University grounds, asking that the sidewalks on said Avenue between Elm Street and Magnolia Avenue, be established at a width of fifteen feet. It was referred to the street committee. Reports of City Officers for the month of Dec. 1890. By the City Physician. Number of patients in the Hospital Dec 1st 1890 Discharged during December Admitted Deaths during " Remaining in Hospital January 1. Cases of Diphtheria reported during December Visits made to paupers Prescriptions written for paupers 19 12 11. 5 13. 3. 77. 124. --- Page break --- The health of our city still continues remarkably good. I would suggest to the council that they should make arrangements to get some place for a pest house at once, as we are liable to have smallpox here at any time, as the disease is all around us. Referred to the hospital committee. By the city Sexton. Total number of deaths: White Colored Mexican Male Female Referred to cemetery committee. By the city marshall. Total amount of fines, and costs assessed. Collected in cash Worked out Escaped Appealed Acquitted on new trial To Travis County Carried forward Back fines collected Total number of arrests Referred to the police committee. By the City Clerk. Total amount of warrants issued during the month against the general fund Referred to the finance committee. By the City Treasurer from Dec. 1st 1890 to Jan. 1st 1890 General fund. Balance December 1st and receipts to Jany. 5. Disbursements Balance Jany. 5. general fund City Cemetery fund Referred to finance committee By the City Treasurer from Dec. 1st 1890 to Jany 5th 1891 Water works and light fund December 1st, balanced Disbursements Balance Jany 5th Referred to finance committee. By the City Treasurer from Dec. 1st 1890 to Jan. 5th 1891. Sewer, and Sinking Fund. Jan 1st Bal account interest fund Jan 5th " " sinking " Total. Referred to the Finance Committee. The City Sexton reported that the sewer in the city cemetery and the bridge across the same be. 47 30 21 8 1 20 10 871. 70 350. 80 155. 50 262. 70 15. 40 9. 70 15. 70 61. 60 871. 70 39. 60 91 $6,125.75 $ 14,267. 68 7,225. 56 6,880. 12 162. 00 $14,267. 68 $89,179. 65 $2,716. 82 $32,362. 83 $2,015. 47 490. 00 $2,505. 47 --- Page break --- of repairs. Refused to the cemetery Committee. Alderman Sherman entered his council and answered to his name. A report was received from J. C. Fryzell, engineer in charge of the constructions of the Dam, stating that five progress had been made on the work. The excavating of rock for the gate house being substantially completed. Work on the canal is going on at two points, the soil is being deposited on the high bank overlooking the river, narrowing the flood channel and increasing the ground, belonging to the city. Very little interruption has been (met) with on account of weathers. No action was taken upon the report. The mayor submitted the following annual message, which was read. To the City Council, City of Antioch. Gentlemen: In compliance with the duty imposed upon me by the charter of the City, I herewith submit my annual report, covering the period from Dec. 1/89 to Dec. 1/90 inclusive together with the reports of the several heads of departments of the City government all of which you will find carefully prepared and worthy of your careful consideration. The administration of the City government must of necessity be entrusted to separate departments and the head of each department is directly responsible for the faithful discharge of duty. It affords me pleasure to report that so far as has come to my knowledge all have performed their parts well and faithfully. The standing committees having in charge matters referred to them from time to time have carefully considered all questions committed to them, and faithfully re- ported same to your honorable body, but I feel that special attention should be called to the work of the committee on all streets and alleys, and I believe the citizens will agree that a large amount of good and permanent improvement has been made on the streets and bridges during the past year. Alderman Schuber, chairman of Said committee has been zealous and efficient in the discharge of his duties and deserves our thanks. It has been impossible with the limited means at our disposal, to extend the improvements over the entire City, but an effort has been made to have what has been done a permanent character, and we hope during the coming year to make other such much needed and more extensive improvements. In order to refer to the report of the board of public works, and that you may have full information concerning its work, instead of referring the [illegible] of calling your attention to what has passed before its [illegible]. When I assumed the duties of office of mayor there seemed to be a desire on the --- Page break --- 49 part of the people to own and operate their own system of electric lighting and water works, and it was the opinion of many citizens that the best way to accomplish this would be to improve the water power of the Colorado river, by building a dam across said river to create power to propel the pumps and furnish the electric light for the city. Believing the matter to be of great importance to the city your attention was called to the subject at a called meeting of the City Council, with a request that an appropriation of $2000. be made for the purpose of employing a competent engineer to make a survey and report on the feasibility and desirability of the undertaking. The appropriation was made, and after some delay in securing an engineer of established reputation and ability the services of Joseph P. Frizell, of Boston, were obtained. He visited Austin and made a careful survey and an elaborate report, & herewith submit said report for such that he be made a report of this report. Mr. Frizell’s report was so favorable that the city Council, at its meeting on March 13th 1890, passed an ordinance ordering an election to obtain the consent of the property, tax-paying qualified voters of the City of Austin to the attention by the city council of the bonded indebtedness of the City of Austin for the purpose of constructing a system of waterworks and furnishing lights for the City of Austin. Said election was held on the 3rd day of May, 1890, and resulted as follows. Votes for the issuance of said bonds 1,354. against the " " " " " " " " 50. Total. 1,404. At the same meeting (March 13) the city council elected a board of public works. The report of their operations is herewith submitted. herewith I would call attention to much needed amendments to the city charter, but for the fact that a committee has been already appointed and are now engaged in preparing such amendments, as in their opinion ought to be made, and I have no doubt but they will duly consider the matter. Bonded Debt:- The bonded debt on Dec. 1st 1889 was as follows. Bonds due Jan 1st 1894. $33,500.00 " " " " " 1895. 39,000.00 Total 10% for said bonds. 72,500.00 Bonds: Refunding bonds issued in 1881 and to become due in 1901. $112,500.00 Bond issued July 1st 1884 and to become due July 1st 1904. $41,100.00 " " " " " " " " " " " " " " " " " " " " 112,000.00 Total. 153,100.00 --- Page break --- 50 Water and Light bonds issued Aug 1st 1890, due July 1st 1930 $400,000Making the total bonded indebtedness on Dec 1st 1890 Total indebtedness $525,000.00 The interest of the $125,000. bonded debt is paid out of the general revenue. There has been no assessment made for a sinking fund to pay the $125,000, the amount falling due any one year is so small that a levy of a small tax should liquidate it. The interest on the water and light bonds is pay able quarterly in Oct, Jan, April, and July of each year. There has been an assessment made of one third of one per cent. to pay the interest and provide a sinking fund on the $400,000. water and light bonds which makes the levy for all purposes as follows. For general revenue 1 per cent. " interest and sinking fund on water and light bonds 1/3 of 1 per cent. " for school purposes 1/2 of 1 per cent. Making the total levy 1 7/8 per cent. The revenue for the coming year for general purposes will be about as follows. From advalorem tax. $89,353.00 Estimated license tax. 10,800.00 Recorder’s court fees etc 4,000.00 Rents 250.00 County Hospital 312.00 Back taxes 2,000.00 To be available for general purposes 107,715.00 Water works tax 29,783.00 School tax 29,780.00 Cemetery: I regret that I have been unable to give questions relating to the city cemetery the attention necessary for me to make suggestions on the subject. The gravity of the situation is apparent and you have doubtless been impressed with the necessity of securing more ground for cemetery purposes. These are the questions demanding immediate attention. And how this is to be obtained? A year has passed away and nothing has been done save the purchase of a small lot North of the present cemetery and the relief expected from that purchase has for the time being been denied us by a temporary injunction restraining its use for the purposes for which it was obtained. I hope every member of the council, as well as the cemetery committee, will give the matter careful attention in order that the question may be speedily settled. The cemetery seems to be in very good condition and I believe the sexton has done his duty. A small appropriation could be advantageously expended in gravelling the --- Page break --- 51 drives and curbing the gutters during the coming year. City Hall. Dare I express the hope that we soon the city council will have a more comfortable place of meeting, and the city officers have better, and more commodious offices, with proper arrangements for the preservation of the books, records, and papers, when we shall cease to have showers on our heads, the maledictions of weary taxpayer, as they wend their way up the hill and climb the long flight of stairs to pay their taxes from year to year, or shall it ever be thus. I might, and perhaps ought to, call your attention to the general prosperity of our city during the last year, its uniform healthfulness, as exhibited by the report of the city physician, its increase in population and the rise in the value of real estate, to gether with the good order and good feeling existing among all classes but will leave this to be enlarged upon by more gifted writer. I cannot close this report without calling attention to the report of the chief of the fire department, which is full and complete. We have one of the most, if not the most efficient fire departments in the State, and it is composed of men who have on all occasions shown themselves ready to respond to the fire call. Their prompt action and heroic devotion to duty, have prevented losses by fire and the thanks of the citizens are due them for their voluntary service so cheerfully rendered. Thanks you individually and collectively for the unvaried zeal you have manifested, and the faithful service you have rendered the city and for the uniform courtesy, respect and assistance you have extended to me during the year, and assuring you that I appreciate your good will, friendship, and esteem I remain your humble servant. Jno McDonald. Mayor. Alderman Kinn moved that the message be printed in full in the synopsis of the proceedings of the City Council. Alderman Nitschke moved that the message be printed in the Capitolian. Lost. The motion made by Alderman Kinn was then adopted. Alderman Philips for the committee on streets to whom was referred an ordinance appropriating the sum of $1000. to build stone culverts on 6th & 7th streets, presented a report recommending the passage of the ordinance with the following amendment. --- Page break --- Amend so as to provide instead of rock culverts, rock wall drain on East 7th street, and four tile drains on East 6th street, at the culverts of Waller, Attayac, Lavaca and Leon streets. And motion of Alderman Jiller that the report was laid over to be taken up when the ordinance referred to therein is reached. Stone Crossings on Cong. ave + 6th. St. Alderman Phillips, for the committee on street, to whom was referred an ordinance entitled "An ordinance appropriating the sum of $2000.° for the purpose of laying stone crossings seven across Congress ave. on 16th street, near the North + South side of Congress, 6th and one on the North + South side of Fourth and Fifth and Eight and Tenth streets, on the West side of Brazos, San Jacinto, Trinity and Neches, Colorado, Lavaca and the East side of Leodora streets and that the work be done as soon as bids can be advertised for and contract let" It was moved and adopted that the report be laid over until the ordinance named therein is taken up for consideration. Culvert on 6.12. St. Alderman Phillips, for the committee on streets to whom was referred an ordinance appropriating $150. to build a culvert on twelfth street, near several streets, offered a report thereon recommending the passage of the same with the following amendment. Substitute the words outrock drain and two drains" in lieu of the word culvert: The report was laid aside to be taken up with the ordinance mentioned therein. C.B. Pratt Alley in Blk 36 Alderman Phillips, for the committee on streets, to whom was referred a petition from C.B. Pratt requesting that the Alley in Block 36, between East Third and Fourth streets be opened, Reported recommending the granting of the petition. Alderman Schober moved to lay the report on the table. Carried. Claims of a. Fred Sterzing Alderman Carleton, for the committee on claims and accounts to whom was referred a petition from Fred Sterzing requesting the remission of certain pound fees, presented a report thereon recommending the remission of the sum of $1.50.° of the fees paid by petitioner for the release of six head of dry cows. The reason assigned, for the remission of the sums named are "That said animals were advertised for sale as being branded in a different brand from that in which they were, and the petitioner, however, did not at once take steps to reclaim them. --- Page break --- 53 The report was adopted. Light - Grages St. Alderman Morris for the committee on water and light, to whom was referred a petition for an electric light to be placed on Brazos street in front of Washington Engine House, presented a report recommending the granting of the petition. """"" The report was adopted, and the committee on water and light was instructed to have the light so placed without creating an extra light circuit. New Charter spl conty. Alderman Morris, for the special committee on new report. charter, presented said charter and the report of the committee thereon which was read. Alderman Linn moved that the city Clerk be directed to print the report of the committee in full in the synopsis of the proceedings of the city Council, and to have 1000 copies of the same, including said charter printed in pamphlet form. The Motion was adopted. Printing Comee. Alderman Schuber for the committee on printing reported verbally that said committee, in accordance with a resolution of the city Council, had advertised for bids for furnishing stationery for the city Council in pamphlet form, and in response thereto received three bids, two of them being the same in price and the other higher, consequently no award was made. """"" Then introduced a resolution which was adopted, instructing said committee to advertise for bids for furnishing stationery for the use of the city [illegible] until Sep. 1st 1891, and also for doing the city newspaper and job printing until the date named. Culverts on 6th & 7th Sts. An ordinance entitled "An ordinance appropriating $1000 to build stone culverts on Sixth and Seventh streets, was taken up on its second reading and read. Alderman Linn moved to recommit the same and the motion was lost. A motion was then made to adopt the amendment, to the same offered above in the report of the street committee, lost. """"" Alderman Schuber then moved to amend the ordinance by inserting that the City Engineer be instructed to place sewer pipes of sufficient capacity at two drains, on East 6th Street. viz: Medina and Attayac streets, and one drain on Waller street, between East 5th and 6th streets, in lieu of the wooden culverts now to be found, named and also to place sewer pipes at the drain on East 7th Street between Medina and Waller streets instead of the rock walls now there. The motion was adopted. """"" Motion was then made to suspend the rules and place the ordinance on its third reading. --- Page break --- 54 and that it do pass, both of which were adopted by the following vote and duly considered. Yeas. Alderman-Assman, Carleton, Glass Graham, Hume, Jackson, Linn, 'Morris, Nitschke, North, Phillips, Platt, Schneider, Schuber, Sutor Springfield, Ziller – 17. An ordinance appropriating the sum of $150. to build a culvert on East 12th street, near Comal street, was taken up on its second reading together with the report of the Street Committee thereon which was referred to above. The ordinance was read a second time and on motion of Alderman Schuber laid upon the table. An ordinance appropriating the sum of $2000. for the laying of stone crossings across boulevard, Ash and East and West Sixth street was 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 lost by the following vote. Yeas. Alderman Glass, Graham, Jackson, 'Morris, North, Phillips, Platt, Springfield, Ziller. 9. Nays. Alderman Assman, Carleton, Sutor, Hume, Nitschke, Schneider, Schuber, Sutor - 8. Alderman Sutor and Platt were excused. Alderman Ziller presented a resolution calling attention to the urgent necessity for additional burying ground and directing the Cemetery Committee to advertise and invite proposals for the establishment and maintenance of a city cemetery, and that they report at the next regular meeting of the Council. Adopted. Alderman Nitschke introduced a resolution which was adopted requiring the sanitary inspector to clean the watering troughs, owned by the city of Austin, and to keep them clean hereafter. Alderman 'Morris introduced an ordinance to make an appropriation of $774.44. to pay the amount due the contractor on estimated # 2 for building the dam across the Colorado river. It was read the first time after which motion were made to suspend the rules and place the ordinance on its second and third reading and that it do pass, all of which were adopted by the following vote and duly complied with. Yeas. Alderman Assman, Carleton, Glass, Graham Hume, Jackson, Linn, 'Morris, Nitschke, North, Phillips Schneider, Schuber, Springfield, Ziller, 18. --- Page break --- Alderman Linn presented an ordinance appropriating the sum of $3256. for the purpose of paying officers and regular employees of the City for the month of January 1891. It was read the first time after which motions were made to suspend the rules and place the ordinance on its second and third readings and that it do pass all of which were adopted by the following vote and duly complied with. Yeas. Alderman Aasman, Carleton, Glass, Graham, Hume, Jackson, Linn, Morris, Nitchke North, Phillips Schneider, Schuber, Kingfield, Ziller. 15. Alderman Linn introduced an ordinance appropriating the sum of $122.95 for the purpose of paying approved accounts. It was read the first time after which a motion was made to suspend the rules and place the ordinance on its second reading, which was adopted by a vote of two thirds of the whole council. The ordinance was accordingly read. A motion was then made to insert in section one the sum of $15, being the amount of pound fees refunded to Fred Sterzing, also by adding $15.20 to cover fine and costs paid by J. H. McDowell and afterwards remitted by the Council, and also by adding $10.20 for payment of fine and costs remitted to M. A. McDowell, all of which were duly adopted. The caption and section one of the ordinance were changed to conform to the amendments by inserting $163.35 instead of $122.95. 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 and duly complied with. Yeas! Alderman Aasman, Carleton, Glass, Graham Hume, Jackson, Linn, Morris, Nitchke, North, Phillips Schuber, Kingfield, Ziller. 14. Nay Alderman Schneider. S. B. Hill - A invitation from S. B. Hill to the members of the Council to come to his Photograph gallery and have their pictures taken, without cost to them was received and on motion of Alderman Linn was accepted with thanks. Alderman Linn moved that the council stand adjourned until 8 o'clock P.M. Thursday January 8th 1891. Carried. Milton Morris, City Clerk. --- Page break --- 56 The minutes of an adjourned meeting of the city Council. Austin Tex. Jan'y. 8. 1891. Hon. G. M. Linn: President of the Board of alderman Presiding. Roll Call Roll Call: Present - Alderman Carreleton Dunn, Glass, Present. Hume, Jackson, Linn, Morris, North, Philips, Platt, Schuber, Wingfield, Ziller. - 12. Absent. Alderman Anderson, Grassman, Graham Newton, Mitchke, Schneider, Sutor, Townsend. - 8 Alderman Ziller moved a call of the council, which was adopted and the marshall read out the absent members. Alderman Ziller then moved that the council take a recess of five minutes. Carried. At the expiration of the recess alderman Carleton moved, to suspend the call of the council, which was, agreed to. He then moved to adjourn, and the motion failed by the following vote. Yeas: Alderman Carreleton, Platt. 2. Nays: Alderman Glass, Hume, Jackson, Linn, Morris North, Philips, Schuber, Wingfield, Ziller=10 Stone Crossings. An ordinance appropriating the sum of $2000. for the purpose of laying stone crossings across Congress Avenue and East and West Sixth street was taken up on its third reading and read. A motion was then made that the ordinance do now pass, which was lost by the following vote. Yeas. Alderman Carreleton, Glass, Jackson, Morris, North, Philips, Platt, Wingfield, Ziller. = 9. Nays. Alderman. Hume, Linn, Schuber. 3. Alderman Carreleton announced that he voted in the affirmative for the purpose of moving a reconsideration of the vote. Cemetery Alderman Ziller introduced, an ordinance appropriating the sum of $40. for the purpose of making necessary repairs in the City Cemetery. Alderman Townsend and Schneider entered the room and answered to their names. The ordinance was read the first time; after which motions were made to suspend the rules and place the ordinance on its second and third reading, both of which were adopted by a vote of two thirds of the whole council and the ordinance was duly passed. Charter. Alderman Morris moved that the council proceed to consider that portion of the proposed new charter which relates to boundaries. Alderman Newton, Seaman and Motley entered, the council and answered to their names. Alderman Carreleton moved, as a substitute for the motion made by Alderman Morris as above mentioned. that further consideration of the proposed new charter be postponed, until next Monday. --- Page break --- night at 2. night o'clock. The substitute was lost, by the following vote. Yeas Alderman Aasman, Carleton, Newton, Platt - 4 Nays. Alderman Glass, Hume, Jackson, Linn, Morris, Nitchke, North, Phillips, Schneider, Schuber, Townsend Stringfield, Ziller - 13. Alderman Carleton then moved to adjourn. The motion was rejected, by the following vote. Yeas. Alderman Aasman, Carleton, Newton, Platt - 4 Nays. Alderman Glass, Hume, Jackson, Linn, Morris, Nitchke, North, Phillips, Schneider, Schuber, Townsend Stringfield, Ziller - 13. Alderman North moved to lay the motion next Saturday night at eight o'clock. Alderman North moved to lay the motion on the table, and it was agreed to by the following vote. Yeas. Alderman Aasman, Carleton, Glass, Hume, Jackson, Linn, Morris, Newton, Nitchke, North, Phillips Schneider, Schuber, Townsend, Stringfield, Ziller - 16 Nays. Alderman Platt. Alderman Morris then moved, the previous question on his motion above named with reference to boundaries, and it was duly seconded. Alderman Carleton moved to adjourn until next Saturday night at 7 o'clock. The Alderman stated that the motion made by Alderman Carleton was out of order, presenting the vote upon the motion ordering the previous question. Alderman Carleton appealed from the decision of the chair and called for the yeas and nays. The chair put the question, 'Shall the decision of the chair be sustained,' and it was decided in the affirmative by the following vote. Yeas. Alderman Aasman, Glass, Hume, Jackson, Morris, Newton, Nitchke, North, Phillips, Schneider, Schuber, Townsend, Stringfield, Ziller - 14. Nays. Alderman Carleton, Platt - 2 Alderman Linn refrained from voting on the question. The question, 'shall the main question be now put' was then put and carried by the following vote. Yeas. Alderman Aasman, Glass, Hume, Jackson, Linn, Morris, Newton, Nitchke, North, Phillips, Schneider, Schuber, Townsend, Stringfield, Ziller - 15 Nays. Alderman Carleton, Platt - 2 Alderman Carleton then moved to adjourn. Lost. Yeas. Alderman Carleton, Platt. Nays. Alderman Aasman, Glass, Hume, Jackson Linn, Morris, Newton, Nitchke, North, Phillips, Schneider, Schuber, Townsend, Stringfield, Ziller - 14. --- Page break --- Alderman bume and Alderman were excused and the council proceeded to consider the question of boundaries as given in the proposed new charter. Alderman Carleton moved to strike out the first two lines of section two. Alderman Phillips moved to lay the motion on the table and it was agreed to. Alderman Carleton then moved to adjourn. The motion was lost by the following vote. Yeas. Alderman Carleton. Nays. Aldermen Glass, Hume, Jackson, Kunz, Morrison, Newton, Nitschke, North, Phillips, Platt, Schneider, Townsend, Wingfield, Ziller,-15. Alderman Ziller moved that the further consideration of the proposed charter be temporarily sus- pended for the purpose of considering an ordinance to be introduced by himself. Carried. Sidewalks on Colorado He then presented an ordinance repealing an St. bet. 11 + 13th sts. ordinance establishing the width of the sidewalk on the west side of Colorado street between Eleventh and Thirteenth streets. It was read, after which Alderman Carleton moved to refer it to the street committee. The motion was lost and the ordinance was on motion placed on its second reading by a vote of twothirds of the whole council. Alderman North was then invited by the chairman to take the chair, which he did. Alderman Hume moved to amend the ordinance last above named by inserting the following as section two and renumbering the original section as section three. Section 2. That the sidewalk on the West side of Colorado street, between Eleventh and Thirteenth streets is hereby established twelve feet in width. The amendment was adopted. A motion was then made to suspend the rules and place the ordinance on its third reading which was adopted by the following vote. Yeas: Aldermen Carleton, Glass, Hume, Jackson, Kunz, Morrison, Newton, Nitschke, North, Phillips, Platt, Schneider, Townsend, Wingfield, Ziller,-15. Nay. Alderman Shuber. The ordinance was accordingly read and on motion passed. Alderman Morris moved that the council stand adjourned, until 8 oclock PM. Tuesday Jany. 7/1891. Alderman Carleton moved as a substitute that the council stand adjourned until 8 oclock P.M. Jany. 10th Sat. Day 1891. The substitute was adopted. "Minnie Morris City Clerk. --- Page break --- 59 The minutes of an adjourned meeting of the bity Council. Rustin, Texas Jan. 10th 1891. Hon John McDonald, Mayor, presiding. Roll call. Roll call. Present. Alderman Carleton, Glass, Jackson, Morris, Present. Nitchke, Platt, Schuber, Ziller – 8. Absent. Alderman Anderson, Graham, Hamel, Absent. Linn, Newton, North, Phillips, Schneider, Sutor, Townsend, Wingfield. – 12. Alderman Morris moved a call of the Council which was duly adopted, and the marshall sent after the absentee. Alderman Morris moved that the council take a Recess recess of ten minutes. Carried. At the expiration of the recess the roll was again called and showed the following present. Present. Alderman Ausman, Carleton, Glass, Hamel, Jackson, Morris, Nitchke, North, Platt, Schuber, Sutor, Townsend, Ziller – 13. Absent. Alderman Anderson, Graham, Linn, Newton, Phillips, Schneider, Wingfield. – 7. The roll of the council was then duly suspended. Alderman Morris moved that the Council proceed to consider the proposed new charter by sections. Carried. Alderman Wingfield entered the Council and answered to his name. Section 1. Section one of the proposed new charter was then read and adopted. then Alderman Morris offered a substitute for section 2-as reported by the charter committee, which changes the description of the proposed boundary line as reported by the committee but does not alter it. It was adopted. Alderman Phillips and Schneider entered the council and answered to their names while the above substitute was being read. Alderman Carleton offered the following amendment to Section 2. Section 2. Amend section 2 by striking out of said Section all after the word number, as it appears on the fifth line from the bottom, of eleventh page of the charter as printed, and substituting in place thereof the following. “To a point where an extension of the West boundary line of Outlot 53, Division D. would intersect this line, thence to the place of beginning.” The amendment was lost by the following vote Yeas. Alderman Carleton, Platt and Schuber – 3. Nays. Alderman Ausman, Glass, Hamel, Jackson, Morris, Nitchke, North, Phillips, Schneider, Sutor, Townsend, Wingfield, Ziller – 13. Alderman Carleton then presented the following amendment to the same section. – viz: Amend section 2. --- Page break --- by adding at the end of same the following, "Provided, however, that so much of this section shall be of force or become operative as far as it includes within the limits of the city of Austin that territory which has been heretofore incorporated as a town or village under the name of South Austin until a majority of all qualified electors residing within the limits of said town of South Austin shall have accepted the provisions of the section and signified their willingness to be included within the limits of the City of Austin at an election to be ordered by the County Judge of Travis County, Texas, in conformity with the election laws of the State, such election to be held on some day to be fixed by the said County Judge not more than sixty days nor less than twenty days from the date when this act shall take effect." The amendment was lost by the following vote. Yeas. Aldermen Carleton, Platt, Schubert. Nays. Aldermen. Assman, Glass, Hanne, Jackson Morris, Nitschke, North, Phillips, Schneider, Sutor, Townsend, Himgfield, Ziller= 13. Alderman Phillips moved that section 2 as read be adopted and the motion prevailed by the following vote. Yeas. Aldermen Assman, Glass, Hanne, Jackson Morris, Nitschke, North, Phillips, Schneider, Sutor, Townsend, Himgfield, Ziller, 13. Nays. Aldermen Carleton, Platt, Schubert= 3. Section #3. Section 3 was read. Alderman Ziller moved to amend the section by striking out the word "ten" and inserting in lieu thereof the words "not exceeding eleven". The amendment was adopted by a rising vote of 8 to 6. On motion section 3, as amended, was then adopted Section 4 was next read and adopted. Section 5 was then read, Alderman Ziller moved to strike out the words "the city at large" and insert instead "their respective wards". The amendment was adopted by the following vote. Yeas. Aldermen Assman, Glass, Nitschke, Platt, Schneider, Sutor, Townsend, Himgfield, Ziller 9. Nays. Aldermen Carleton, Hanne, Jackson, Morris North, Phillips, Schubert= 7. The section as amended was then adopted. Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 were read and adopted without amendment. Section 16 was next read. Alderman Ziller moved to amend the same by inserting in the fourth line after the word "Alderman" the words "or other such officer" adopted. --- Page break --- Alderman Ziller also offered the following amendment. to the said section – “and any alderman or officer of the leity violating this provision shall after trial and conviction be removed from office” This amendment was lost by the following vote. Yeas. Alderman Carleton, Platt, Kingfeld, Ziller. - 4 Nays. Alderman Aseman, Glass, Stabel, Jackson, Morris. Nittehke, North, Phillips, Schneider, Schuber, Sutor, Townsend. -12 Alderman Platt moved to strike out the first line of the section relative to alderman serving without pay. The motion was lost and the section as amended above was adopted. Sections # 17, 18 & 19. Sections 17, 18 and 19 were read, and adopted without amendment. Section # 20. Section 20 was read, alderman Platt moved to strike out all of the section after the word “Mayor” in the fourth line. The motion was lost. Alderman Phillips moved to strike out the words, “neither approved nor” in the fourth line”. These words appear in the matter that alderman Platt moved to strike out. The chair ruled, that the motion was out of order and Alderman Phillips appealed from the decision. The Mayor then put the question, “Shall the decision of the chair be sustained?” and it was decided in the affirmative by the following vote. Yeas. Aldermen Aseman, Glass, Humes, Jackson, Morris. North, Platt, Schuber, Sutor, Townsend -10. Nays. Aldermen Carleton, Phillips, Schneider, Kingfield, Ziller - 5. The motion was then adopted. Sections # 21 & 22. Sections 21 and 22 were then read and adopted without amendment. Section # 23. Section 23 was next read, Alderman Sutor moved to amend the same by striking out “two” and inserting in lieu thereof “five” for the number of alderman necessary to call special sessions of the council. The amendment prevailed and the section as amended was adopted. Section # 24. Section 24 was then read, Alderman Platt moved to amend the same by striking out the word “or” in the third line. Inserting in [illegible] the following “to be found in the city, if out of an Alderman is out of the City.” And to further amend by striking in the first line after the word “thereof” the words “shall be” and also by striking out of the fourth line. The words “he may [illegible] to serve in” and further by striking out the first word in line five. And also by inserting in the third line after it, word “notice of the following “and the reasons --- Page break --- 62 for not serving all alderman in person." The amendments were adopted, and the section as amended, was carried. Alderman Huber was excused. Sections 25, 26, 27, 28, 29, 30, 31, 32 and 33 were read and adopted without amendments. Alderman Ziller moved that the Council stand adjourned until 8 o'clock P.M. January 12.1891. The motion was adopted by the following vote. Yeas. Alderman, Assman, Appleton, Glass, Hume, Jackson, Platt, Schneider, Townsend, Wingfield Ziller – 10 Nays. Alderman Morris, Nitchke, North, Phillips Setter – 5. "Myron Morris, City Clerk. --- Page break --- 63 The minutes of an adjourned meeting of the City Council. Austin Tex. Jan 12th 1891. Roll Call. Now John W. [illegible], mayor, presiding. Present. Present: Aldermen Ackerman, Baston, Glass, Jackson, Levin, Morris, Tuchske, Phillips & Platt, Schneider, Sutor, Ziller - 13. Absent. Absent. Aldermen, Anderson, Graham, Hume, Newton, North, Schuster, Townsend, Wingfield - 8. Alderman Levin moved that the regular order of business be suspended for the purpose of reconsidering the proposed new charter. Adopted. 6 and 17. Alderman Levin then moved to reconsider the vote by which sections 6 and 17 were adopted, and the motion prevailed. Alderman Wingfield entered the council and answered to his name. Alderman Levin then moved to strike out the words "or Section #6. otherwise" at the end of Section 6 and the motion was carried. The section as amended, was then adopted. * "17. Alderman Morris moved to amend section 17 by inserting in line two after the word "Alderman" except by expiration of term of office. The amendment was adopted and the section as amended was again adopted. Section #20 Alderman Levin moved to reconsider the vote by which Section 20 was adopted. Carried. Alderman Newton entered the council and answered to his name. * "20 Alderman Morris offered the following amendment to be added at the bottom of the last above mentioned section. "Provided further, That if at the time of the passage of an ordinance any public emergency exists which, in the judgment of the council, requires action under such ordinance within less than 10 days after its passage and such emergency is recited in the ordinance the President of the board of Aldermen may approve such ordinance at once, if the mayor is absent from the city, or unable to act." Alderman Phillips moved as a substitute for the amendment that the words "neither approve nor in the fourth line of the section be stricken out and the word "not" inserted, instead. And that the word "either" in the second paragraph be stricken out of the last line of the motion. The substitute was lost, and Alderman Ziller moved another substitute striking out all of the section after the word "Mayor" in the fourth line. Carried. The section as amended was then adopted. Alderman Platt by unanimous consent of the council introduced an ordinance abolishing the office of --- Page break --- 64 found matter, and giving the secretary of the office 64 hours notice. The first time upon which a motion was made to suspend the rules and place them its second reading which was lost by the following vote: "Yeas." Aldermen. Carleton, Glass, Morrison, Zinn, Byrne, Newton, Nitschke, Phillips, Platt, Sutter, Springfield, Ziller- 13. "Nays." Alderman. Schneider- 1. The Mayor laid before the council a very lengthy communication from Chas. H. Newning, Mayor of South Austin. and the following Freeholders of South Austin said City, Jas. V. Bergen, H.J. Doherty, H.S. Gorton, and others. The communication names the terms under which the officials mentioned, are willing to have South Austin annexed to this city. They are in substance, as follows: The City of Austin, shall make a charter provision requiring the city to widen the bridges and roadways between the two cities sufficiently to secure first class traffic, and in said charter guaranty to South Austin all proper and adequate fire, and police protection and accord to her the benefit of an efficient free school system, such as now obtains in the City of Austin. Further, a personal note. Received. On motion of Alderman Nitschke the communication was received and filed. Alderman Zinn entered the council and answered to his name. Sections 34 to 51. The consideration of the charter was resumed and sections 34 to 51, inclusive were adopted without amend- ments. Sections 52 to 86, inclusive, relate to the improvement of streets, sidewalks and sewers, and were disposed of as follows: Section 52. Section 52 was read, after which Alderman Ziller moved to amend subdivision 1. of the same by striking the word "franchise" after the word alleys of the fifth line thereof, and the section as amended was then adopted. Sections 53 to 57. Sections 53 to 57, inclusive were adopted, without amendments. " " 58. Section 58 was next read, and Alderman Morrison moved to amend it by striking out the word "franchise" in the fifth line and inserting in lieu thereof the word "property." The amendment passed and the section as amended was adopted. " " 59 & 61. Sections 59, 60 and 61 were then next read and without amendment. " " 62. Section 62 was read, after which, Alderman Ziller moved to amend it by inserting after the word "sidewalk" in the twelfth line, the words "and alleys." The amendment passed and the --- Page break --- 65 Sections 63 to 75. Provided, that where any property has never had a Do 76. sewer connection, the same shall be exempt from such assessment. Sections 77 to 81. The amendment was lost and the section was adopted. Do 82. Sections 63 to 75 inclusive were adopted, without amendments. Section 76 was read, and on motion of Alderman Morris the following words were inserted after the word "issued" and signed by the mayor, and attested by the city clerk." The section as amended was adopted. Sections 77 to 81 inclusive were adopted, without amendment. Section 82 was read after which Alderman Morris moved. to amend the same by striking out the words, "public improvements" in the third line and to insert in lieu thereof the words "street and sewer commissioners" The amendment prevailed, and the section was then adopted. Sections 83, 84, 85 & 86. Sections 83, 84, 85 and 86, were adopted without amendment. Alderman Schneider was excused. Sections 87 & 88 Sections 87 and 88, concerning miscellaneous powers of the city council, were next read and disposed of as follows: Alderman Ziller moved to strike out the words "and employees" in the second line of section 87 carried. The Section was then adopted. Alderman North entered the council and answered, to his name. Sections 88 The following amendments were offered to section 88. By Alderman Morris to amend subdivision third by striking out the last two words "fines and" and inserting therein between the words "penalties, fines" in the last line of the same. Adopted. By Alderman Ziller to amend subdivision 23 by striking out the words "increased or" in the fifth line. Carried. By Alderman Morris to amend subdivision 26 by striking out after the word "dollars" in line six. Carried. By Alderman Linn, to amend line five of subdivision 36 by striking out the word "they" and inserting instead the word "that". Adopted. By Alderman Morris to amend subdivision 37 by striking out the words "aggravated assaults and batteries" in the second and third lines, and also all of the subdivision after the word "kind". The amendment prevailed. By Alderman Phillips, to amend the first line of sub-division 39 by inserting the word "license" after the word "owners". Carried. By Alderman Glass to strike out the words "prohibited in a" in the first line of sub-division 42. Adopted. By Alderman North to insert the words "and freight" before the word "thereon" in-next to the last line of subdivision 44. Carried. By Alderman Glass to strike out "cartage and drayage" in line three of subdivision 47. --- Page break --- By alderman Morris, to insert the word "Cattle" at the end of the second line of subdivision 50. Adopted. By alderman Phillips to insert, after the word "titte" in the first line of subdivision 51, the words, but no person shall vote for alderman, unless he has resided thirty days next preceding the election, in theward in which he proposes to vote." Carried. Section 88 was then adopted as amended. Section 87. was adopted without amendment. Alderman Linn and Platt were excused. Sections 90 to 101, inclusive were read and disposed of as follows: Sections 90 and 91. were adopted. without amendment. Alderman Carleton moved to strike out section 92, but the motion was lost by a vote of 5 to 8. Alderman Morris, then moved to amend the same by inserting in the first line thereof after the word "happen" the words if such vacancy occurs within three months of the time, for holding a general election" and also by adding the following at the end of the section "Vacancies in the office of Mayor occurring more than three months before a general election, shall be filled by a special election by the qualified voters of the leity." The amendment carried and the section was then adopted. Sections 93 to 101. inclusive were adopted without amendment. Section 102. was next read and the following amendments offered thereto. To add a City Physician. Carried. By Alderman Nitchke, to include a City Sexton. Lost. By Alderman Zilew, to strike out the words "at board of water and light commissioners". Lost. Yeas. Alderman Aeroman, Glass, Newton, Nitchke, Pringfield, Zilew. - 6. Nays. Alderman Carleton, Homes, Jackson, Morris, North, Phillips, Buton. - 7. Alderman Nitchke moved to adjourn but the motion was lost by a vote of 5 to 8. Alderman Zilew moved to adjourn until 8 o'clock P.M. Tuesday Jany. 13.th 1891. Adopted. Milton Morris, City Clerk. --- Page break --- 67 The minutes of an adjourned meeting of the City Council. Austin Texas Jany. 13th/91. Hon John McDonald, Mayor, presiding. Roll Call. Present. Alderman, Anderson, Glass, Jackson, Morris, Nitche, Phillips, Platt, Singfield, Ziller – 9. Absent. Alderman Graham, Hume, Levin, Newton, North, Schrader, Sutton, Townsend – 8. Alderman Nitche moved a call of the Council, and the motion was duly adopted. Alderman Morris moved that the council take a recess of fifteen minutes. Carried. At the expiration of the recess the roll was again called and resulted as follows: Present. Alderman, Anderson, Carleton, Glass, Hume, Jackson, Morris, Nitche, Phillips, Platt, Schneider Singfield, Ziller – 12. Absent. Alderman Seeman, Graham, Levin, Newton, North, Schuber, Sutton, Townsend – 8. Alderman, Seeman, Townsend, and Levin entered the Council and answered to their names. Alderman Morris moved to suspend the call, adopted. Section 93. The Council then took up section 93 of the proposed charter, which related to the removal from office of the Mayor. Alderman Ziller moved to amend the section by inserting after 'Mayor' the words 'or any other Officer of the City'. Carried. Section 102. Section 102, which names the charter officers, was amended by striking out 'chief' in the fourth line and inserting instead 'City' making it read 'City Engineer'. Alderman Carleton moved to amend the section by inserting after, 'engineer' 'a superintendent of streets' The amendment prevailed, and the section as amended was then adopted. Alderman Newton and Schuber then entered the council and answered to their names. Section 103. Section 103, which prescribes the powers and duties of the City marshall and his salary at $1500, by an amendment offered by Alderman Nitche to insert 'not exceeding' in lieu of 'after the word 'salary' bertz lost. Alderman Ziller entered the council and answered to his name. Section 95. Alderman Anderson moved to amend section 95 by inserting on line four after 'if' the words 'two thirds' of the whole'. Carried. Alderman Carleton moved to amend the same line 4, striking 'the council' and inserting instead 'board of alderman'. Adopted. --- Page break --- 68 Alderman Graham entered the council, and resumed his seat. Sections 101, 104, 105, 106 and 107 were next considered, and disposed of as follows. Alderman Linn moved to amend section 104 by striking out the word "except those issued, by the Board of water and light Commissioners". Adopted. Alderman Anderson moved to amend the same section by striking out "and to engross and enroll all ordinances, resolutions, and proceedings of the City". Carried. The section, as amended was then adopted. Sections 105, 106 and 107, were adopted, without amendment. Sections 108 and 109 were then taken up. Section 108 was adopted, without amendment. The following amendments were offered to section 109. By Alderman Filer to amend section 109 by striking out "no further compensation from the City", and insert "instead "such fees as the council may allow". Carried. By Alderman Norris to amend the same section by adding at the end thereof. "He may employ an assistant at an salary not exceeding five hundred dollars per annum to represent him, in the record or else where." Adopted. Section 109 as amended was then adopted. Sections 110, 111, and 112 were next considered, and disposed of as follows. Alderman Carleton moved to amend section 110 by striking out the words "chief engineer (or his assistant) as ex officio". Adopted, and the section as amended was carried. The word "chief" was also stricken out of section 111 and "city" substituted therefor. The section was Then adopted. Alderman Carleton then moved to amend section 112 so that it shall read. "That he shall receive as compensation the sum of twelve hundred dollars a year, payable monthly." Adopted and the section as amended was adopted. Sections 113, 114, 115, 116, and 117 were disposed of as follows. Sections 113, 114 and 115 were adopted without amendment. Section 116, fixes his salary at $1000. per annum. Alderman Phillips, moved to strike out $1000. and insert $1500. instead. Alderman Sewell, moved as a substitute that the salary be fixed at $2000 per annum. The substitute was lost by a vote of 5 to 17. The amendment offered by Alderman Phillips was Then adopted, and the section as amended was adopted. --- Page break --- 69 Section 117. Sections 118 & 119 Section 117, was adopted without amendment. Sections 118 and 119 were next considered and disposed of as follows: Alderman Lewis moved to amend Section 118 by striking out all of the section after 'clerk'. Adopted. The section as amended was adopted. Section 119 was adopted without amendment. Sections 120, 121, 122, 123, 124, 125, 126, and 127 were disposed as follows. Sections 120 to 124, inclusive were adopted without amendment. Section 125. Section 125, fixes the salary of the Recorder at $1000. per annum. Alderman Carleton moved to amend it by striking out $1000. and inserting instead 'not exceeding $500.' The amendment prevailed and the section as amended was adopted. Section 126. Section 126 requires the recorder to be a licensed lawyer. Alderman Platt moved to strike out the words 'licensed lawyer'. The motion was lost and the section was adopted. Section 127. Section 127 was next considered. Alderman Carleton moved to amend it by striking out $5. and inserting in lieu thereof $2. Alderman Lutor moved to amend by striking out $5. and inserting $3. Alderman Carleton accepted the amendment and his motion as amended was lost. Alderman Nitchke moved to amend by striking out $5. and inserting $3. The amendment was lost. Alderman Phillips then moved to amend the section by adding thereto the following: 'and no costs shall be taxed against any person convicted therein'. The amendment prevailed and the section as amended was adopted. Sections 128, 129, 130 & 131. Sections 128, 129, 130, and 131, were disposed of as follows. " 128 Section 128 was adopted without amendment. " 129 Section 129 fixed his salary at $1500. per annum. Alderman Graham moved to amend it by striking out 'not exceeding' before the amount named, carried and the section was adopted. Section 130. Section 130, was then read and Alderman Perman moved to amend it by striking out 'chief' and inserting instead 'City'. Carried. The section was adopted as amended. Section 131. Section 131, was adopted without amendment. Alderman Townsend was excused. Sections 132 to 141 inclusive. Sections 132 to 141, inclusive were acted upon as follows. Alderman Rinn moved that Section 132 lay over without action. Carried. Sections 133 and 134. Sections 133 and 134, were adopted without amendment. --- Page break --- 70 Section 135 Section 135, was next read. Alderman Zinn moved to amend it by striking out the words "City Council" and inserting in lieu thereof "qualified voters of the City of Austin". The motion prevailed by the following vote. Yeas. Alderman Anderson, Amsick, Carleton, Graham, Stumel, Jackson, Morris, Newton, Phillips, Platt, Schneider, Sutor, Wingfield. 14. Nays. Alderman Glass, Zinn, Nilchke, Ziller - 4. Alderman Morris then called up section 102, and moved to strike out a "board of water and light commissioners". Carried. Alderman Ziller moved to amend section 135, above amended, by making the board of water and light commissioners elective by the council. Alderman Sutor moved that the council adjourn until tomorrow night at 8 o'clock. The motion was lost by a rising vote of 8 to 9. The motion of Alderman Ziller, above named, was lost by the following vote: Yeas. Alderman Amsick, Glass, Stumel, Jackson, Zinn, Phillips, Sutor, Ziller - 9. Nays. Alderman Anderson, Carleton, Graham, Morris, Newton, Nilchke, Platt, Schneider, Wingfield - 9. The motion voted no. Alderman Morris moved to amend the section by providing for the election of the board on the first Monday in December 1893. The motion carried and the section was adopted. Sections 136 and 137 were adopted without amendment. Sections 136 & 137 Section 138 was stricken out. do 138 Section 139, was amended so as to include the do 139 employment of engineers, and was adopted. do 140. Section 140 was adopted without amendment. do 141. Section 141, was next read. Alderman Glass moved to amend it by striking "They" in the third line, and inserting instead "The City Council". Carried. Alderman Zinn moved to strike out all of the section after the word "necessary" and the motion prevailed. Alderman Zinn moved that the council stand adjourned until tomorrow night at 8 o'clock The motion was lost. Alderman Morris moved that a resolution providing for the introduction into the Legislature of the proposed charter, be taken up. Alderman Carleton moved to adjourned until tomorrow night at 7:15 o'clock. Lost. The motion was made by Alderman Morris then sustained by the following vote. Yeas. Alderman Anderson, Amsick, Glass, Graham Platt, Jackson, Morris, Newton, Phillips, Stumel, Schneider, Sutor, Ziller, Wingfield. 14. --- Page break --- Nays. Alderman, Assman, Carletow, Linn, Platt, Ziller. 4. The resolution was then read. Alderman Linn moved to lay the same on the table and the motion failed by the following vote. Yeas. Alderman, Aerman, Carletow, Hume, Linn, Platt, Ziller – 6. Nays. Alderman, Anderson, Glass, Groham, Jackson, Morris, Newton, Nitchke, Phillips, Schneider, Schuber, Sutor, Hunigfield – 12. Alderman Groham, then moved the adoption of the resolution and the motion prevailed by the following vote. Yeas. Alderman Anderson, Burdeton, Glass, Groham Jackson, Morris, Newton, Phillips, Schneider, Schuber Sutor, Hunigfield – 12. Nays. Alderman Aerman, Hume, Linn, Nitchke Platt, Ziller – 6. Alderman Carletow moved to reconsider the vote by which the resolution was adopted. Alderman Anderson moved to lay the motion on table, which was carried by the following vote. Yeas. Alderman Anderson, Glass, Groham, Morris, Newton, Phillips, Schneider; Schuber, Sutor, Hunigfield – 9. Nays. Alderman Aerman, Carletow, Hume, Linn, Nitchke, Platt, Ziller – 7. Adjournment. Alderman Linn then moved to adjourn until 8 o’clock P.M. Jany. 14 1891. Adopted. Milton Morris, Dy. Clerk. --- Page break --- 72 The minutes of an adjourned meeting of the City Council. Boston, Jan'y 14th 1841. Hon John McDonald Mayor, presiding. Roll Call. Present, Aldermen Anderson, Carleton, Glass, Humme Jackson, Morris, Nitchke, North, Platt, Ringfield, Welles -- 11. Absent, Aldermen Aasman, Graham, Penn, Newton, Phillips, Schneider, Schuber, Astor, Townsend -- 7. Alderman Morris moved that the council proceed to consider the proposed charter. Carried. And the council took up section 142 and adopted it without amendment. Section 143. Section 143 was next considered. Alderman Carleton moved to strike out the entire section, but the motion was lost by a viva voce of 5 to 6. Aldermen Lute and Presmian entered the council and answered to their names. Alderman Ringfield moved to amend the section by striking out the word "imminent" in the second line and inserting the word "such" in lieu thereof, and also by adding after the word "city" at the end of the same line, the words "as the City Council may suggest." The amendment prevailed and the section as amended was then adopted. Alderman Schneider entered the Council. Alderman Ringfield offered a resolution providing that no member of the Council shall be allowed to speak but once on each section, and shall be limited to two minutes. The resolution was lost. Section 144. Section 144 was, on motion of Alderman Carleton, stricken out. Section 145 to 149. Sections 145 to 149, were adopted without amendment. Alderman Carleton moved to strike out all of the section after the word "therewith" and insert instead, "except under such regulations as may be adopted by the board." The motion prevailed and the section as amended was adopted. Sections 151 to 153. Sections 151, 152, and 153 were adopted without amendment. do 154 Section 154 was read. Alderman Platt moved to amend it by striking out the words "eminent domain." The amendment was lost and the section was adopted without amendment. Section 155. Section 155 was next considered and adopted without amendment. do 156 Section 156 was taken up. Alderman Carleton moved to strike out the words "with out the written consent of said board being previously obtained," The motion prevailed and the section as amended was adopted. --- Page break --- Sect. 157, 158 & 159. Sections 157, 158 and 159 were read and adopted without amendments. Section 160. Section 160. was read. Alderman Carleton moved to amend it by striking out the word "them" in the third line and inserting instead the words "the board" The amendment carried and the section was adopted. Sections 161, 162 & 163. Sections 161, 162, and 163, were adopted without amendment. Section 164. Section 164. was then considered. Alderman Carleton moved to amend it by striking out the words "within the City limits" The amendment was lost by a rising vote of 11 to 7 and the section was adopted. Section 165. Section 165. was adopted without amendment. Section 166. Section 166. was then considered. Alderman Carleton moved to strike out the sub-sections The motion was lost by the following vote Yeas Aldermen Anderson, Carleton, Glass, Gillen - 4 Nays. Aldermen. Ailman, Simme, Jackson, Morris, Nitschke, North, Platt, Schneider, Sutor, Kingfield - 10. The section was then adopted by the following vote Yeas. Aldermen Anderson, Ailman, Simme, Jackson, Morris, Nitschke, North, Platt, Schneider, Sutor, Kingfield - 11. Nays. Alderman Carleton, Glass, Gillen - 3. Sections 167 & 168. Sections 167 and 168 were adopted without amendment. do 169. Section 169. was amended by striking out the words "except the City engineer (whose duties under this act devolve upon the Chief engineer of the water and light works)." The section was then adopted. Sections 170, 171 & 172. Sections 170, 171, and 172, were adopted without amendment. Alderman Carleton moved to strike out section 173. The motion was lost and the section was adopted without amendment. Sections 174 to 184. Sections 174 to 184, inclusive were adopted without amendment. Section 185. Section 185. was stricken out. Sect. 188. Alderman Glass called up section 187, which was Alderman Glass laid aside without action at a former meeting. He then moved to add at the end of the section the following "subject to such limitations as are hereinafter provided." Carried. Alderman Carleton moved to amend the section by striking out the words "to sell and convey." to sell & convey. The motion was then adopted. Alderman Platt moved to adjourn The motion was adopted. Alderman Glass moved to reconsider the vote by which section 188 was adopted. Henceforth the following provisions of this charter shall be construed as to supersede the general laws of the State as to the City of Austin. The City shall be the sole judge of conflict of acts where a conflict of law between the provisions of this charter and the general laws. Adopted --- Page break --- 74 Section 5. Ald. North moved to reconsider the vote by which section 5 was adopted. The motion was lost by the following vote: Yeas. Aldermen Anderson, Rimmer, Jefferson North. 4 Nays. Aldermen Aesmann Carleton, Glass, Monos Nitchke, Platt, Schneider, Sutor, Springfield, Ziller. 10. Alderman Nitchke moved to reconsider the vote by which section 104 was adopted. The motion was lost by the following vote. Yeas. Aldermen Aesmann, Rimmer Nitchke, Platt, Schneider, Sutor, Springfield. 7. Nays. Alderman Anderson, Carleton, Glass, Jackson Morris, North, Ziller. 9. The mayor gave the casting vote in the negative. Section 81. Alderman Hume offered the following amendment to section 81. and moved a reconsideration of the vote by which the section was adopted. That the mayor shall receive the sum of $3000. per annum, pay able monthly, for services rendered the City of Austin. The motion to reconsider was lost by the following vote. Yeas. Alderman Aesmann, Anderson, Baxarson, Jackson, Platt, Sutor. 6. Nays. Aldermen Carleton, Glass, Morris, Nitchke, North, Schneider, Springfield, Ziller. 8. Section 54. Alderman Morris moved to reconsider the vote by which section 54. was adopted – Carried. He then offered the following amendment thereto to be added at the end of said section. “Provided that assessments shall not be made against property not divided into lots and blocks, except on request to the council of the persons owning the greater part of the property abutting on Rush Street, adopted. Section 62. Alderman Morris moved to reconsider the vote by which section 62 was adopted. Carried. He then offered that the following be inserted Therein after the word “blocks” in the fifth line stated in the proviso to section 54.” The motion prevailed and the section as amended was adopted. Section 10. Alderman Hume moved to amend section 10 by adding the following thereto, “and for the violation of any part of section 16 the penalty shall be expulsion from office by a majority vote of the City Council.” The amendment was adopted. Section [illegible]. Alderman Glass moved to reconsider the vote by which section 106 was adopted. The motion was lost by the following vote. Yeas. Aldermen [illegible] Anderson, [illegible] Glass. --- Page break --- Jackson, Ziller 5 Nays, Platt, Alderman Aecman, Kinne, Nitchke North Platt, Schneider, Sutor, Krugfield 7 Alderman Sutor moved that the council stand adjourned until Monday night at 8 o’clock P.M. Alderman Nitchke moved to amend section two by in serting therein in the proper place the following, "Thence down the East bank of the canal one acre above the upstream face of the dam, thence S. 81°13' W 1440 links; then; Thence due South 15.95 links; thence N. 81°30' E 66 links more or less to within 10 links of the west end of dam, Thence down the river . . . . . links." The amendment was adopted. Alderman Platt was excused. Alderman Ziller moved that the proposed charter be adopted as amended. The motion was lost by the following vote. Yeas, Alderman Anderton, Blisch, Jackson, Norris. North, Ziller-6 Nays, Alderman Aecman, Carlson, Kinne, Nitchke. Schneider, Sutor, Krugfield. 7 Alderman Nitchke moved to reconsider the vote by which the motion to adopt the proposed charter as amended was lost. The motion carried. Adjournment. Alderman Anderton moved that the council stand adjourned until 8 o'clock P.M. Saturday, Jany. 17, 1891. adopted. “Milton Morris, City Clerk. --- Page break --- 76 The minutes of an adjourned meeting of the City Council. Austin, Texas, Jany. 17, 1891. Hon John McDonald, mayor, presiding. Roll Called. Present - Aldermen Carleton, Glass, Hume, Linn, Morris, North, Phillips - 7. Called. Absent - Aldermen Anderson, Assmann, Nitaescke, Graham, Jackson, Newton, Platt, Schneider, Schuber, Sutor, Townsend, Wingfield, Ziller - 13. Alderman Glass moved a call of the Council which was duly adopted. Alderman Morris moved that the Council take a recess of Twenty minutes. Alderman Ziller entered the Council and answered to his name. .New Charter. The motion made by Alderman Morris was then adopted. At the expiration of the recess the roll was again called and showed the followingPresent - Aldermen - Assmann, Carleton, Glass, Hume, Linn, Morris, Nitaescke, North, Phillips, Platt, Sutor, Wingfield, Ziller - 13. Absent - Aldermen - Anderson, Graham, Jackson, Newton, Schuber, Townsend - 7. Alderman North moved to suspend the Call of the Council and the motion prevailed. Alderman Morris moved that the Council resume consideration of the proposed Charter. Carried. " Sec. 174 Alderman Carleton moved to reconsider the vote by which Section 174 was adopted. Adopted. He then offered the following amendment thereto: “Provided however, that this shall not apply to appropriations which may be deemed necessary to protect the health of the City in event of an epidemic or threatened epidemic.” The amendment was adopted and the section as amended was adopted. Alderman Anderson entered the Council and answered to his name. " 175 Alderman Morris moved to reconsider the vote by which Section 175 was adopted. The motion prevailed and Alderman Carleton moved to amend the same by adding at the end thereof: “Except under the circumstances as prescribed in the proviso to the preceding section”. The amendment carried and the section as amended was adopted. Alderman Graham entered the Council and answered to his name. Alderman Hume moved to reconsider the vote by which Section 89 " 89 was adopted. Carried. He then offered the following amendment thereto: “That the mayor shall receive the sum of $3000 per annum, payable monthly, for services rendered the City of Austin.” Alderman Assmann moved to amend by striking out $3000 and inserting instead $2500. Accepted. Alderman Carleton offered the following as a substitute: “The Mayor shall receive such Salary as may be fixed by ordinance, not to exceed the sum of $2500 per annum, but such salary shall not be increased or diminished during his term of Office.” The substitute prevailed, and the section as amended was then adopted. Alderman Schneider entered the Council and answered to his name. Alderman Assmann moved to reconsider the vote by which Section 16 was adopted. Carried. --- Page break --- 77 He then moved to amend the section by providing that Alderman shall receive five dollars for each regular meeting. Alderman Carleton moved to amend the motion by inserting the following in said section after the word "Aldermen" in the first line "Shall receive as their Compensation the sum of $5 for attending each regular meeting of the Council, provided that the same. Shall not exceed $10 per month". The amendment was accepted and adopted and the section as amended Carried. Alderman Dutor moved to amend section 16 in line six after the word "done" by inserting "material furnished." Carried. Alderman Dutor also moved to amend the Same Section so as to require a vote of two-thirds of the whole board of aldermen to remove a city officer for violating the provisions of the same. Carried. Sec... Alderman Phillips moved to amend the Same Section in line one by striking out "and" and inserting in lieu thereof "but". Adopted and the section was Carried. Alderman Morris moved to refer the amendment to the boundary line which was introduced and adopted at the last meeting of the Council, to the City Engineer for report as to where the Same Should be inserted. Carried. The City Engineer Soon afterward reported recommending that Said amendment be inserted on page 11 of the proposed charter, in the tenth line from the bottom after the word "point". Alderman Morris moved that the amendment be so inserted and the motion was adopted. Pound master At the request of Alderman Platt the Council Consented to take up "An Ordinance Creating the office of pound master and fixing the Salary of Same", which was on the table on its second reading. The Ordinance was read a second time after which Alderman Ziller moved to amend it by inserting in Section One after the word "officers" the following" and Therefor shall be elected for a period of One year." Carried. Alderman Sutor also moved to amend the Ordinance by inserting in Section One after the word "Austin", the following words." who shall exercise all the powers and" the amendment prevailed and the Ordinance passed after having been read a third time. Charter adopted Consideration of the proposed Charter was then resumed and Alderman Phillips moved to reconsider the Vote by which Section 172 was adopted. Lost Alderman Morris then moved the adoption of the proposed Charter as amended by the Council and the Same was carried by the following Vote: Yeas- Aldermen Anderson, Ass, Bluss, Graham, Linn, Morris, Nitschke, North, Phillips, Schneider, Sutor, Wingfield, Ziller. 14. Nays- Richmond, Smith. 2. On motion the Council then adjourned. Willis A. Clerk. Lily Pink. Clerk.