100 The minutes of a Regular Meeting of the City Council. Austin Texas, April 06, 1891. Hon. Newg A. Liiw, President of the Board of Alder-men, presiding. Roll Call. Roll call: Present – Aldermen Asmussen, boarlton, Glass, Jackson, Liiw, Morris, Newton, Nitschke, North, Phillips, Sutton, Drummund, Wingfield, Ziller – 14. Absent – Aldermen Anderson, Graham, Humm, Platt, Schneider, Schuber – 6. Minutes. The minutes of the meeting of the city council which was held on the 1st day of March, 1891, were adopted as. printed. Alderman Graham entered the council and answered to his name. Petitions and Memorials Haralson. Alderman Liiw presented a petition from Messrs. Hardy & Panitt attorneys for W. M. Haralson, asking that certain bills incurred by Mr. Haralson while at the small-pox camps be paid by the City. It was referred to the committee on claims and accounts. Alderman Schuber entered the council and answered to his name. Paggi. A petition was received from Wood & Cranberry, attorneys for M. Paggi, requesting the city council to refund to said Paggi a certain sum of money which they allege he lost by reason of his purchasing certain animals impounded and sold by the City. The petition was referred to the committee on claims and accounts. Chenneville. A petition was received from John Chenneville asking the City council to reimburse him for certain expenses incurred by him by reason of the city raising the street near his residence to such a height as to cause the base-ment of his house to be flooded by rain. It was laid on the table subject to call. Mrs Diedlox. A petition was presented from citizens of the Tenthward requesting the city council to permit Mrs Diedlox to finish the building where the same is now being built. It was referred to the street committee. Jas. O'Reilly A petition from James O'Reilly was presented requesting the City council to refund taxes paid by him on an erroneous assessment of his property. It was referred to the Committee on claims and accounts. [illegible] A petition from John Muskey requesting the remission of a fine was received and laid on the table for consideration by the Mayor. Reports of City Officers for the month of March 1891. --- Page break --- 102 Feed for city Teams ~ ~ 159.74 Street lights ~ ~ 509.19 Feeding city prisoners ~ ~ 106.50 Water ~ ~ 3025.00 Small Pox ~ ~ 782.70 Miscellaneous ~ ~ 235.38 Total ~~~~ $17.059.20 Referred to finance committee. By The City Clerk. Statement of warrants issued against the water and light funds in March, 1891. Pay roll ~ $ 555.00 By note to Engineers office ~ 9.138.18 P. Bernard Derrigan, contractor ~ 9.215.41 Payments to site & Law Miscellaneous ~ 45.25 Total 18.954.34 Referred to finance committee. " By the City Treasurer from March 2. to April 6. City funds Balances March 2. $ 12.868.39 Receipts to April 6. ~ 11.894.66 Total 24.763.05 Disbursements $ 20.800.01 Balances April 6. ~ 3.963.04 Total. $24.763.05 Referred to finance committee. " By the City Treasurer, from March 2. to April 6. Water works and light fund: Balances March 2. $ 13.498.19 Disbursements + 19,153.84 Balances April 6th $ 294.844.35 Referred to the Finance committee. " By the City Treasurer from March 2. to April 6. 1891 Interest and sinking funds. Balances March 2. Interest fund ~ ~ $ 6.574.53 Sinking fund ~ ~ 2,812.40 Receipts to April 6. ~~~ $ 8.365.23 ~~~~ 17.752.16 Balances April 6, Interest fund $ 8.978.28 Sinking fund ~ 3.273.88 ~~~~ 12.252.16 Referred to the Finance committee. " The following report was presented and read, and on motion was laid over to be taken up with the ordinances mentioned therein: --- Page break --- 103 Austin Texas, April 5. 1891. To the Honorable Mayor and City Council of the City of Austin: Gentlemen:- Your Committee on Finance, to whom was referred the special message of the Mayor of date March 14, 1891, beg to report that we have had the same under consideration, and in accordance with the suggestion therein contained, we submit herewith an ordinance appropriating the sum of one thousand dollars to defray expenses of the Small-pox hospital, and we recommend that the same do pass. Respectfully submitted. Henry A. Kirw, Chairman. Cemetery Comttee. The cemetery committee presented the following report and proposals which were read and laid over: To the Honorable Mayor and Board of Aldermen: Gentlemen:- Your committee, to whom was assigned the duty of receiving proposals for a city cemetery, would respectfully report as follows: They have received two proposals, one from the Young, Melis Real Estate and Investment Company, which has been laid before the council, and the other from Mrs Maggie Stiles, which we herewith submit. Your committee is of the opinion that the proposal of Mrs Maggie Stiles is the most advantageous to the City, and would therefore recommend that the same be accepted. C. F. Allen J. W. Jackson Jno. H. Phillips Committee Cemetery proposal - Mrs Stiles To the Honorable Mayor and City Council of the City of Austin: The undersigned, together with associates to be hereafter named, propose and agree to form and organize a company, (or corporation under the corporate laws of the State) of themselves and associates, to be known as the "Austin Cemetery Company", which shall control and own a cemetery of Eighty acres more or less, the situation being outside the and 25, in division B of the city of Austin, and will donate and give to the city ten (10) acres of said Div. to be used and controlled exclusively for the burial of paupers. Provided: 1. That the city will agree neither to establish nor cause to be established any other cemetery; nor make any other concession; nor accept a similar proposition from any other company or individual, until such time as may be necessary to provide for and secure an additional ground for the --- Page break --- 104 interment of Paupers. 2. That the remaining fifty (50) acres shall be under the ownership, management and control of said company, subject to the existing lands and ordinances of the city relating to burials. 3. That the sexton of said existing company shall be named and appointed by said company, subject to the confirmation of the city council, and he shall be governed and controlled by the existing lands and ordinances of the City, in regard to burials, charges etc. 4. That the company shall be allowed to use its own discretion in the arrangement and plotting of the cemetery grounds. The company agreeing, however, that the drives and walks shall be of convenient width and that the lots shall conform in area and price to the standard now established by city ordinances. 5. That the city shall put in good condition and main-tain in good repair the street or streets leading to the cemetery, at its own expense and cost. E. B. Stiles For Mrs Maggie Stiles Cemetery proposal. Young mens R. E. + Inv. Co. To the Honorable the Mayor and City Council of the City of Austin. Gentlemen:- With a view to the establishment and maintenance of a cemetery for public purposes, we make the following proposition, to-wit: 1. We agree to organize a cemetery association and incorporate same. To acquire and forever dedicate for cemetery purposes fifty acres of land, and to make additions to same from time to time as necessity demands, to be selected by your committee, from a tract of land, about one hundred and fifteen (115) acres, situated about 2 1/2 miles east of the capitol building, fronting on Magnolia Avenue and now owned by the Young Men's Real Estate and Investment Company. 2. To lay off such fifty acre tracts into lots, blocks, walks, plots and drive ways, and otherwise improve and beautify the same. 3. Lots will be immediately placed on sale for sixty days at the following prices, viz: 200 Lots 20x20 each. 5.00 200 Lots 20x20 each 7.50 100 Lots 20x20 each 10.00 Thus enabling those wishing to purchase cemetery lots to acquire them at a nominal price. After the expi-ration of the sixty days time, we reserve the right to sell lots at prices not to exceed $100. per lot, which shall be the maximum price of same. 4. No lot is to contain less than 400 superficial feet. The maximum price of lots, located in any --- Page break --- 105 part of the grounds, will be 12 1/2 cents per square foot. This will be considered the basis for computing prices of lots of greater dimensions. To give the city sufficient grounds for the burial of 7,000 paupers, estimating each grave at 5x8 feet. To enable us to establish and maintain this new ceme-tery grounds we ask the city to agree by ordinance or other- -wise; 1. That the present cemetery shall not be enlarged or extended, nor shall any extension or addition thereto be made by any person or persons, nor shall any cemetery be ever opened or established within the corporate limits of the city of Austin; nor shall any dead be interred with-in the City limits, except within the present existing ceme- -tery, and there only by virtue of rights now existing. This article to be in force for such periods of time as there may be available grounds within the proposed new cemetery. 2. To bury the pauper dead in the proposed new cemetery. 3. That the city give us the right to construct, own and operate a street railway along Magnolia avenue, such line to connect with other city lines over such streets as may be agreed upon by and between us and the city council, and to extend track along Magnolia avenue and into such new cemetery grounds. This is a brief outline of the points that we would ask to be considered and agreed to by and between a new cemetery association that we propose forming and the city of Austin, and we ask the city would expect to receive the moral support of the city and its maintenance. Very Respectfully W. S. Brake P. H. Stein Joseph D. Heims D. A. Patrick A. J. Zilker [illegible] Good to be [illegible] Alderman North introduced an ordinance entitled: "An ordinance appropriating the sum of $7858.96 out of the water and light fund to pay approved bills incurred in the construction of a railroad from the Austin and Northwestern railroad depot to the site of the dam". The ordinance was read the first time after which a motion was made to suspend the rules and place the same on its second reading, which prevailed by the following vote. Yeas: Aldermen Asmussen, Castles, Glass, Graham, Heims, Linn, Morris, Newton, Nitschke, North, Phillips, Schulze, Sutton, Townsend, Wolfgriel, Zilker—16 --- Page break --- 106 The bills to be paid by the ordinance were then read after which a motion was made to suspend the rules and place the ordinance on its third reading, which was adopted by the following vote: Yeas: Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Morris, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 16. The ordinance was then accordingly read, and on motion passed by the following vote: Yeas: Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Morris, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 16. Corrigan's Est. No. 5. Alderman North also presented an ordinance entitled: "An Ordinance appropriating the sum of $8.974. out of the Water and Light fund to pay Bernard Corrigan's Estimate No. 5. for work done on the dam now in course of construction." The estimate was read, after which a motion was made to suspend the rules and place the ordinance on its second reading, which was adopted by the following vote: Yeas: Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Morris, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 16. The ordinance was accordingly read after which a motion was made to suspend the rules and place the same on its third reading, which prevailed by the following vote: Yeas: – Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Morris, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 16. The ordinance was accordingly read, and on motion passed by the following vote: Yeas: Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Morris, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 16. App'd. Accts. Alderman North also offered an ordinance entitled: "An ordinance appropriating the sum of $2802.84 for the purpose of paying approved accounts." It was read the first time, after which motions were made to suspend the rules and place it on its second and third readings, and that it do pass, all of which were adopted by the following vote: Yeas: Aldermen – Asmann, Carleton, Glass, Graham, Jackson, Linn, Newton, Nitschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller – 15. Alderman – North also introduced an ordinance, entitled: "An ordinance appropriating the sum of $3450. for the purpose of paying the officers and employees of the city of Austin for the month of April 1891." It was read the first time, after which a motion was made --- Page break --- 107 to suspend the rules and place it on its second reading. which prevailed by the following vote: Yeas: Aldermen- Asmann, Carleton, Glass, Graham, Jackson, Lewis, Morris, Newton, Nitzschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller; 16. Alderman North then moved to amend the caption and section one of the ordinance by striking out "$500" and inserting in lieu thereof "$700" and adding the months of May, June, July, August and September. The amendment carried. Motions were then made to suspend the rules and place the ordinance on its third reading and final passage, both of which were adopted by the following vote: Yeas: Aldermen - Asmann, Carleton, Glass, Graham, Jackson, Lewis, Morris, Newton, Nitzschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller; - 16. Alderman North also presented an ordinance appropriating the sum of one thousand dollars for the purpose of maintaining a place for the care of persons affected with small pox. It was read the first time after which motions were made to suspend the rules and place the same on its second and third readings and that it do pass, all of which prevailed by the following vote: Yeas: Aldermen - Asmann, Carleton, Glass, Graham, Jackson, Lewis, Morris, Newton, Nitzschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller; - 16. Alderman Morris introduced an ordinance entitled "An ordinance appropriating the sum of five thousand dollars for the purpose of paying employees and other incidental expenses of the City incurred and to be incurred by the board of public works relating to constructing the water and light system. It was read the first time after which a motion was made to suspend the rules and place the same on its second reading which was adopted by the following vote: Yeas: Aldermen - Asmann, Carleton, Glass, Graham, Jackson, Lewis, Morris, Newton, Nitzschke, North, Phillips, Schuben, Suton, Townsend, Wingfield, Ziller; - 16. The caption of the ordinance was again read after which alderman Phillips moved to amend the caption and section one of the ordinance by striking out "5000" and inserting instead "1805". The amendment was rejected by a rising vote of 6 to 9. Motions were then made to suspend the rules and place the ordinance on its third reading and final passage both of which were adopted by the following vote which were duly complied with. Yeas: Aldermen - Asmann, Carleton, Glass, Graham, Jackson, Lewis, Morris, Newton, Nitzschke, North, Schuben, --- Page break --- 108 Sutor, Townsend Haig Friedt - 14. Nays - Aldermen Phillips, Ziller 2. Alderman Glass offered" An ordinance appropriating the sum of four hundred and fifty dollars for material and work on streets in Tenth ward", It was read the first time and on motion referred to the Street committee. Fire Hydrant. at Main & Mary Ann sts. - Alderman Graham introduced an ordinance provi-ding for the location of a hydrant at the corner of Main and Mary Ann Streets. It was read the first time and referred to the water and light committee. Alderman Ziller offered a resolution, which was adopted, instructing the city treasurer to transfer $100.00 from the cemetery funds to the general funds account. Art 263. Fire Dept Election - Alderman Ziller also introduced" An ordinance amending Article 263, Chapter 1, Title VIII of the Revised Civil Ordinances of the City of Austin". It was read the first time, after which a motion was made to suspend the rules and place the same on its second reading, which was adopted by a vote of two-thirds of the whole council. The ordinance was read by caption. Alderman Carleton then moved to amend the same by striking out the words" a majority of votes cast shall be necessary to elect" and insert in lieu thereof the following: "The parties receiving the highest number of votes shall be declared elected. Alderman Sutor moved to refer the ordinance to the Fire Committee. Lost. The question recurring on the adoption of the amend-ment offered by Alderman Carleton, the same was put and lost by a rising vote of 8 to 8. 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 caption of the ordinance was again read and on motion the same was passed as it relates to the election of officers of the fire department. Hospital - Sewer Same - Alderman Schutze offered a resolution which was adopted instructing the city engineer to make an estimate for a konnection with the State sewers with the "City and County Hospital for sewerage purposes". Alderman Nitschke moved that the chair appoint three tellers to canvass the returns of the recent fire depart-ment election. The motion prevailed and the chair appointed Aldermen, Nitschke, Ziller and Glass as tellers. The two proposals for a new cemetery above set forth, were then taken up. --- Page break --- 109 Alderman Duton moved that they be referred to a special committee of three, with instructions to report at the next regular meeting of the council, and at the same time to present an ordinance fully covering the subject. Alderman Phillips moved to amend the motion by providing that the committee should report to an adjourned meeting of the council to be held Tuesday April 10 at 4. P.M. The amendment was lost by a rising vote of 7 to 7. The question recurring on the adoption of the motion made by Alderman Duton, the same was put and carried. The chair then appointed Alderman Duton, Jackson and Carleton as such committee. Fire Dept. Election returns - result. The tellers above referred to submitted a report showing that the result of said election was as follows: For Chief: Don Childs 34. A. Johnsliden received 53. L. Boerner " 53. S. Rosenzweig " Theo Meigel " 14. No election, neither of the candidates having received a majority of all the votes cast. For Assistant Chief: J. Farrow received 149. L. Boerner " 3. Don Record " James O. Donovan received 131. D. M. Burk " 18. On motion J. Farrow and James O. Donovan were declared duly elected Assistant Chief and Recorder respectively of the fire department for the ensuing term. Cemetery proposals print Alderman Carleton moved that the City Clerk be directed to print in brief in the council proceedings both proposals for the cemetery. Carried. Alderman Graham was excused. Adjourn.. Alderman North moved that the council stand adjourned. Carried. Milton Morris, City Clerk.