211 Minutes of a Regular meeting of the City Council. Austin, Texas, November 16, 1891. Hon. John McDonald, mayor, presiding. Roll Call. Roll Call. Present: Aldermen Anderson, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Morris, Nitsche, North, Philips, Platt, Schneider, Schuber, Sutor, Townsend, Weyerman, Ziller,--19. Absent,--Aldermen Assmann, Newton, Wingfield.--3. Roll Call. Minutes. It was moved that the reading of the minutes of the City Council, which were held on the 28th day of Oct, 1891, and the 2nd and 11th days of November, 1891, be dispensed with, and that they be adopted as printed. The motion prevailed. Petitions, memorials, Etc. Wm Parks, Claim. Petition of Wm Parks owner by Walton, Hill & Walton attorneys, claiming that in the building of the Dam railroad along Cedar Street, lot 7 in block 25, was injured notless than $300.00 and asks that he be compensated for Said damage. Alderman Morris moved that the petition be referred to the City attorney with instructions to report to the City Council at its next meeting, whether or not the City is legally liable for said damage. Carried. Wth Milam. Petition from Wth Milam by his attorney, J. H. Caldwell requesting the Council to refund a jury fee paid in the Recorder's Court. Alderman Ziller moved that the petition be laid over until the next meeting of the Council. Alderman Linn moved as a substitute, that the petition be referred to the City Attorney with instructions to report to the next meeting of the City Council, whether or not the City Council can legally refund said fee. Carried. Hydrant. By Alderman Platt: Of petition of citizens requesting the City Council to place a fire hydrant in front of Block No. 1, in out lot No. 35, Division "O", being on water main just East of Comal Street. Alderman Linn moved to refer the petition to the water and light Committee, with instructions to report to the next meeting of the City Council, the probable cost of placing the hydrant at the point named. Adopted. Street - L. V. Davis. Jm. B. Cranaugher. By Alderman Graham: Of petition from Lucy L. Davis, by her husband, L.V. Davis, and Jm B. Cranaugher, requesting the City Council to open a sixty foot wide, through a part of the Isaac Decker league in the Eleventh Ward of the City. Petition signers agree, if said proposed street be opened, to deed, the City the land without thereon, and to donate back therefor. The petition was referred to the Street Committee. St. thr. Bndct. Est. By Alderman Ketchum: Of petition from citizens of the Eleventh ward showing the necessity of a street being opened through the Benedict Estate, which extends --- Page break --- 212 from the Colorado river South about four miles, and Earnestly requesting the City Council to open the same Road &c. to Austin. A deed from Jas E. Bouldin to the City of Austin Conveying right-of-way across said Estate for street purposes accompanied the petition. The Conveyance is made upon the Condition that the City shall open and Clean, grade and improve, and make on the property a first class road or street building all necessary bridges, &c; and making all improvements thereon necessary for the Convenience of travel over such street, and to keep such street in first-class Condition; and further, that the city shall, within thirty days, have such street opened, Cleared and improved sufficiently to be traveled by wagons and teams. Alderman Linn moved that the petition and deed be referred to the street Committee, City Engineer and City Attorney, with instructions to make the necessary Examinations Concerning Each, and to report to the next meeting of the City Council relative to Each, naming the probable Cost and time necessary to put the proposed street in a Condition for travel. Alderman Wingfield entered the Council and answered to his name. Alderman Morris offered the following as a substitute for the motion made by Alderman Linn: Resolved, That the City Attorney be instructed to promptly investigate the title of the person making the deed for a street across Bouldin addition, and report to the mayor, and if the title is sufficient in the opinion of the City Attorney that said deed be accepted, and that the Mayor, street Committee, street Commissioner and City Engineer be instructed to open up said street. The substitute was lost by the following Vote: Yeas- Aldermen Carleton, Glass, Jackson, Ketchum, Morris, Schuber, Weyerman, Wingfield, Gilley,-9. Nays- Aldermen Anderson, Graham, Hume, Linn, Nitschke, North, Phillips, Plath, Schneider, Sutor, Townsend,-11. The original motion was then adopted. Newning- Co. Com'rs A Communication was received from Chas. A. Newning, Bridge, Etc. County Commissioner, precinct No. 4, stating that he and Commissioner Pace were appointed by the Commissioners' Court of Travis County, a Committee to wait upon the City Council and Call attention to the resolution of the Court of October 1, 1891, turning over to the City Council all streets, roads, highways and bridges formerly Controlled by the County of Travis, within the new limits of the City of Austin, with the exception of the Avenue bridge, and to offer supplementary thereto the opinion of the Attorney General on the question of jurisdiction and Control of said bridge; and further stating that the Committee were ordered to inform the Council that "'on and often Tuesday, November 24, 1891, the Commissioners' Court would no longer exercise supervision or Control over the said Avenue bridge, nor any of its approaches thereto; that the said Court, on and after that date, would recognize no claim nor demand for --- Page break --- 213 services of bridgekeeper, nor for any damages to individuals or property caused by accident or otherwise. That said Committee has been requested by the Court to obtain from the city council a formal acceptance of all the obligations imposed by the new charter, especially with reference to this property, and to that end the Council is requested to pass, without delay, such an Ordinance or resolution as may be proper to settle the jurisdiction and authority of the city in this matter. Alderman Nitschke moved to lay the matter on the table. Subject to call. The motion was lost by the following vote: Yeas - Aldermen Carleton, Glass, Nitschke, Platt - 4. Nays - Aldermen Anderson, Graham, Hume, Jackson, Ketchum, Linn, Morris, North, Phillips, Schneider, Schuler, Sutor, Townsend, Weyerman, Wingfield, Ziller - 16. Alderman North moved to refer the matter to the City Attorney. Alderman Linn moved to amend the motion by adding thereto "and the Ordinance Committee". The amendment was accepted, and the motion, as amended, was adopted. Reports of City Officers. Fireman's Hall. By the City Engineer - A report showing the amount of money necessary to put Fireman's Hall on market square, in thorough repair. The amount named is $286. Alderman Ziller moved to refer it to the Finance Committee. Carried. Committee Reports. Slop Ord. By Alderman North, for the Ordinance Committee to whom was referred a petition of citizens requesting that the so-called Slop Ordinance, recently passed by the council, be repealed, submitted a report thereon recommending the passage of an Ordinance entitled "An Ordinance repealing an Ordinance regulating the hauling of Slops and providing penalties for its violation, passed on the 19th day of October, 1891," which accompanied the report of the Committee. The report and Ordinance were laid over to be taken up under the head of unfinished business. City Cemetery. By Alderman North for the Ordinance and Cemetery Committees, to whom was referred a petition of ladies asking that the City Cemetery be put in better condition, and the Mayor's message recommending that an appropriation be made for the purpose, presented a report stating: "We believe the petition to be meritorious, but in view of the condition of the city finances, we believe that with the sum of one hundred dollars the evils complained of can be measurably cured, and we therefore recommend the passage of the accompanying Ordinance, entitled "An Ordinance appropriating $100. for teams and laborers, on so much of the work as may be necessary for the purpose of improving the cemetery." The said Ordinance was laid over to be taken up under the head of unfinished business. --- Page break --- 214 C. P. Stiles Cemetery. Alderman North presented the following: To the Hon. City Council of the City of Austin: At the request of the Cemetery Committee, and in accordance with a resolution of your honorable body adopted August 3d, 1891 adopting certain propositions made by C. P. Stiles for the burial of paupers and the establishment of a new cemetery, your Ordinance Committee recommend the adoption of the following resolution: "Resolved, That in accordance with a resolution of this body adopted August 3, 1891, accepting the proposition made by C. P. Stiles for the burial of the paupers of the City of Austin and the establishment of a Cemetery, the Mayor be and is hereby authorized to sign, seal, execute and deliver, on behalf of the City of Austin, the accompanying contract with the owners of the property referred to in the proposition of said C. P. Stiles, in accordance with the terms of said propositions and resolutions." Alderman Ziller moved the adoption of the report and resolution. Carried. Unfinished Business. City Cemetery. The following named Ordinance was taken up and read the first time: An Ordinance appropriating the sum of One hundred dollars, or so much thereof as may be necessary for the purpose of improving the City Cemetery. Alderman Ketchum moved to lay it over until January next. The motion was lost by the following vote: Yeas - Aldermen Carleton, Glass, Ketchum, Nitschke, Weyerman, Wingfield. - 6. Nays - Aldermen Anderson, Graham, Hume, Jackson, Linn, Morris, North, Phillips, Platt, Schneider, Schuber, Sutor, Townsend, Ziller. - 14. Motions were then made to suspend the rules and place the Ordinance on its second and third readings, both of which were adopted by the following vote: Yeas - Aldermen Anderson, Carleton, Graham, Hume, Jackson, Linn, Morris, Nitschke, North, Phillips, Platt, Schneider, Schuber, Sutor, Townsend, Ziller. - 16. Nays - Aldermen Glass, Ketchum, Weyerman, Wingfield. - 4. The Ordinance was accordingly read and on motion passed. Slop Ord. An Ordinance repealing an Ordinance regulating the hauling of slops and providing penalties for its violation, passed on the 19th day of October, A. D. 1891 was taken up and read the first time. A motion was then made to suspend the rules and place the same on its second readings which was lost by the following vot: Yeas - Aldermen Anderson, Carleton, Graham, Hume, Jackson, Ketchum, Linn, Morris, Nitschke, North, Phillips, Schneider, Townsend, Weyerman, Wingfield. - 15. Nays - Aldermen Glass, Platt, Schuber, Sutor, Ziller. - 5. Alderman Morris - An Ordinance dividing [illegible] [illegible] [illegible] out in all the Wards of the City for the purpose of electing a Mayor of the City, three Aldermen of the second --- Page break --- 215 of School trustees, and two aldermen from the Eleventhward and one alderman from each of the other wards of the City. 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 Anderson, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Morris, Nitschke, North, Phillips, Platt, Schneider, Schulze, Sutor, Townsend, Weyerman, Wingfield, Ziller. - 20. The Ordinance was then read a second time, after which Alderman North moved that the several divisions of Section two of the Ordinance Containing blanks be Considered separately. The motion prevailed, and on motion the blank space for the names of Judges of Election for the First ward was filled by inserting the names of R.C. Shelley, Iseela Archer, Fritz Meincher. It was moved and Carried that the blank space for the names of judges of Election for the Second ward be filled by inserting the names of S. S. Kingsbury, W. A. Pillow, J. B. Crane. It was moved and Carried that the blank space for the names of Judges of Election for the Third ward be filled by inserting the names of T. W. Wren, H. Hirshfeld and Joseph O'Neill Sr. It was moved and Carried that the blank space for the names of Judges of Election for the Fourth ward be filled by inserting the names of J. B. Caldwell, Ed Junex, Fritz Degener. It was moved and Carried that the blank space for the names of judges of Election for the Fifth ward be filled by inserting the names of Geo. Warren, Ernest Van Rozenburg J. P. Byrne. It was moved and Carried that the blank space for the names of the judges of Election for the Sixth ward be filled by inserting the names of L. Marcus, A. Weilbacher, Joseph Johnson. It was moved and Carried that the blank space for the names of the judges of Election for the Seventh ward be filled by inserting the names of J. B. Rogers, Sr., M. V. Crenshaw, R. Haschke. It was moved and Carried that the blank space for the names of the judges of election for the Eighth ward be filled by inserting the names of D. V. Davis, Thos. F. Swett, W. H. Kelley. It was moved and Carried that the blank space for the names of the judges of Election for the Ninth ward be filled by inserting the names of Wm Rishin, L. McKenzie, W. R. French. It was moved and Carried that the blank space for the names of the judges of Election for the Tenth ward be filled by inserting the names of Jos. M. Mansfield, Jno. W. Carr, Jos S. Pearl. It was moved and Carried that the blank space for the names of judges of Election for the Eleventh ward be filled by --- Page break --- 216 inserting the names of J. H. W. Williams, Will C. Redd, C. P. Dempsey. Alderman Sutor moved to amend Section one of the Ordinance by striking out the words "drawn by lot" and inserting in lieu thereof the following: "The Alderman receiving the largest number of votes shall be declared elected for the term of two years, and the alderman receiving the next highest number of votes shall be declared elected for the term of one year." The amendment was lost. A motion was then made to suspend the rules and place the Ordinance on its third reading, which was carried by the following vote: Yeas - Aldermen Anderson, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Morris, Nitschke, North, Phillips, Platt, Schneider, Schubert, Sutor, Townsend, Weyerman, Wingfield, Ziller.— 20. Ward Boundaries - The Ordinance was accordingly read, and on motion passed. By Alderman Anderson: "Resolved, That the City Clerk or City Engineer shall furnish a copy of the City map, known as Bergen, David & Gracy’s map, with the wards correctly delineated upon the same, to the Judges of Election in each of the wards on the 7th day of December." Adopted. Hydrant. Alderman Linn moved that the Committee on water and Light be instructed to ascertain whether or not a fire hydrant has been placed on Magnolia Avenue according to the provisions of Section H of an Ordinance ordering the City Water Company to extend water mains and locate hydrants thereon, approved March 16, 1886. Carried. Reporting diseases. By Alderman Glass: Amend article 184 of the Revised Criminal Ordinances of the City, after the word "and" in last line by adding: That the aforesaid practitioners of medicine and surgery, failing to observe the provisions of this Ordinance, and on conviction shall be fined not less than ten dollars nor more than one hundred dollars. Alderman Ziller moved to refer it to the Ordinance Committee. Carried. Dam - $5000. - Misd. By Alderman Linn: An Ordinance appropriating the Sum of five thousand dollars for the purpose of paying the salaries of Engineer, inspectors and other necessary expenses incident to the Construction of the Dam for the City of Austin. 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 were adopted by the following vote, and were duly complied with: Yeas - Aldermen Anderson, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Morris, Nitschke, North, Phillips, Platt, Schneider, Schubert, Sutor, Townsend, Weyerman, Wingfield, Ziller. – 20. By Aldermen [illegible]: An Ordinance appropriating the [illegible] of nine and 38-100 dollars for the purpose of paying the [illegible] [illegible] for taking the City prisoners during the month of October, 1891. --- Page break --- 217 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, both of which were adopted by a vote of two-thirds of the whole Council. The Ordinance was accordingly read, and on motion passed. The Council then adjourned. Milton Morris, City Clerk.