Minutes of a Regular Meeting of the City Council Austin, Texas December 07, 1891. Now. Henry A. Liwa, President of the Board of Aldermen Presiding. Roll call: Present: Aldermen Carleton, Graham, Nuine, Ketchem, Liwa, Morris, Newton, Hitschke, North, Schneider, Schuber, Sutor, Pronosed, Heyerman, Ziller - 15. Absent - Aldermen Anderson, Assmann, Glass, Jackson, Phillips, Platt, Wingfield - 7. The minutes of the meeting of the City Council, which was held on the 16th day of November, 1891. were adopted as printed. Alderman Wingfield and Jackson entered the Council and answered to their names. Petitions, Memorials, Etc. Guadalupe St. Laurel St. Sycamore St. Encroachments. A petition was received from citizens owning and controlling property on Guadalupe Street, between its intersection with Laurel and Sycamore Streets, stating that Guadalupe Street at the points named is encroached upon by improvements on Out Lots 63 and 68 in Division "D"; Situated on the west side of said street, and that the electric street car track now run upon said street between the points above named, encroaches upon the east side of Out Lot 14, in said Division "D". Relief is requested. The petition was referred to the street committee and City Engineer, and the County Surveyor was requested to confer with said committee and Engineers, with reference to the matter. J. Luchsinger. By Alderman Nuine: - A petition from Joseph Luchsinger requesting permission to continue slaughtering hogs stock at his pen on out lot No. 15. Alderman North moved that the petition be granted, until such time as the City Council may see proper to revoke the license. Aldermen Phillips, Glass and Platt entered the Council and answered to their names. M. Butler - Street. By Alderman Heyerman: - A petition from M. Butler requesting the City Council to condemn and adopt for Street purposes a certain strip of lands in the Southwest corner of Out Lots in the corner of Eleventh Street and Red River road; being a part of a strip of land bought of Ed. Rupp by M. Butler, and continuing to the West Line of the Fredericksburg road. It was referred to the street committee. On the recommendation of the Mayor, the Council remitted a fine of $10.00, that was assessed against Stewart Davis in the Recorders books. --- Page break --- 221 Reports of City Officers. Officers reports. The reports of the City Sexton, City Physician, City Marshal City Clerk and Collector, City Clerk and Chief Engineer for the month of December, 1891, were reads and Refered to their respective committees. Committee Reports. Alderman Phillips, for the street committee, asked for Dows and Bouldin Streets. further time in which to prepare reports on the opening of the Dows and Boroughs and Bouldin streets in the Eleventh ward, granted. Aldermen Anderson and Aumann entered the Council and answered to their names. Alderman North for the ordinance committee, asked for further time in which to prepare reports. Granted. Unfinished Business Slop Ord. repealed. An ordinance entitled "An Ordinance repealing an ordinance regulating the hauling of slops, and providing for fiartias for its violation, passed on the 19th day of October, A. D. 1891." was taken up on its second reading and read. A motion was then made to suspend the rules, and place the same on its third reading, which prevailed by the following vote: Yeas. – Aldermen Anderson, Aumann, Carleton, Graham, Hume, Jackson, Ketchum, Linn, Morris, Newton, Nitschke, North, Phillips, Schneider, Wingfield – 15. Nays. – Aldermen Glass, Platt, Schuber, Sutor Townsend, Weyerman, Ziller. – 7. The ordinance was then read, and on motion passed. New Business Salaries. By Alderman North – An Ordinance appropriating the sum of three thousand five hundred and fifty dollars for the purpose of paying officers and regular employees for the month of December, 1891. 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: Yeas. – Aldermen Anderson, Aumann, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Morris, Newton, Nitschke, North, Phillips, Platt, Schneider, Schuber, Sutor, Townsend, Weyerman, Wingfield, Ziller – 22. Alderman Graham moved that ex-Alderman B.J. W. S. Arthur be invited to a seat within the bar of the Council. On motion, was unanimously adopted, and the Chair appoint ed Aldermen Graham, Hume and North a Committee to escort the gentleman into the Council, which was done. --- Page break --- 222 Alderman North moved that the Council take a recess of ten minutes to approve bills. Carried. At the expiration of recess the Council was called to Order and Aldermen Morris and Phillips were excused. B. Corrigan - Est. No. 13. Alderman North then introduced an Ordinance, entitled "An Ordinance appropriating the sum of twenty One thousand seven hundred and thirty-two and 17-100 dollars for the purpose of paying estimate No. 13 in favor of Bernard Corrigan for work done and materials furnished during the month of November, 1891, for the dam now being constructed for the City of Austin, under contract with said City dated November 7, 1890." 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 was adopted by the following vote: Yeas. Aldermen Andersen, Assmann, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Newton, Nitschke, North, Platt, Schneider, Schuler, Sutor, Townsend, Weygermann, Wingfield, Ziller. – 20. The Ordinance was then read a second time by caption, after which a motion was made to suspend the rules and place the same on its third reading, which was adopted by a vote of two-thirds of the whole Council. The Ordinance was accordingly read and on motion passed by the following vote: Yeas - Aldermen Andersen, Assmann, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Newton, Nitschke, North, Platt, Schneider, Schuler, Sutor, Townsend, Weygermann, Wingfield, Ziller. – 20. Apprd. accts. By Alderman North - An Ordinance entitled "An Ordinance appropriating the sum of $2,514.91 for the purpose of paying approved accounts." 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: Yeas. Aldermen Andersen, Assmann, Carleton, Glass, Graham, Hume, Jackson, Ketchum, Linn, Newton, Nitschke, North, Platt, Schuler, Sutor, Townsend, Weygermann, Wingfield, Ziller – 19. Nay - Alderman Schneider. adjourned. Alderman North moved "that the Council adjourn until tomorrow at 5:15 p. m., for the purpose of opening and canvassing the vote, without announcing the result, and serving notice on the parties." Carried. Milton Morris, City Clerk. --- Page break --- 223 The minutes of An adjourned Meeting of the City Council Austin, Tex., Dec. 8, 1891. Hon. Henry A. Linn, President of the Board of Aldermen, Presiding. Roll. Present- Aldermen Assmann, Ketchum, Linn, Nitschke, North, Phillips, Platt, Schuler.- 8. Absent- Aldermen Anderson, Carleton, Glass, Graham, Hume, Jackson, Morris, Newton, Schneider, Sutor, Townsend, Weyerman, Wingfield, Ziller.- 14. Roll. Call. Call of Council. Alderman North moved a Call of the Council, which was duly adopted. The City Marshal was directed to bring in the absentees. 2d Roll Call. A 2d roll Call. Present- Aldermen Anderson, Assmann, Carleton, Glass, Hume, Ketchum, Linn, Nitschke, North, Phillips, Platt, Schuler, Weyerman13. Absent- Aldermen, Graham, Jackson, Morris, Newton, Schneider, Sutor, Townsend, Wingfield, Ziller- 9. Call Suspd. On motion, the Call of the Council was suspended. Election returns Alderman North moved that the Chair appoint a Canvassed. Committee of three to Canvass the returns of the City election which was held on the 7th day of December, 1891. The motion prevailed, and the Chair appointed Aldermen North, Glass and Nitschke as Such Committee. Alderman Schneider entered the Council, and answered to his name. Committee Reports. Barroughs & Davis St. By unanimous Consent Alderman Phillips, for the Street Committee, to whom was referred the petition of Messrs. Davis and Barroughs, proposing to donate land in the Eleventh ward for Street purposes, submitted a report thereon recommending that the land mentioned in Said petition be declared a public street, and that the accompanying deeds from Jno. Barroughs, D. V. Davis and wife Lucy L. Davis, to the City of Austin, be received, and recorded in the County Clerks office; and that the Street Committee be authorized to improve Said Street when in their opinion the necessities of travel may demand. The report was adopted. Alderman Sutor entered the Council, and answered to his name. M. Butler St. Alderman Phillips, for the Street Committee, to whom was referred the petition of M. Butler asking that a certain strip of land named in Said petition and described in an attached Statement made by the City Engineer marked "A", Said strip being in the Eleventh ward of the City of Austin, be demanded for a public Street. Submitted a report thereon recommending that the petition be granted. The report was adopted. New Business. [illegible] Alderman North - An Ordinance appropriating the Sum of five thousand and two hundred dollars for the purpose of paying interest on bonds of the City of Austin. --- Page break --- 224 issued prior to May 5th, 1890. 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: Yeas - Aldermen Anderson, Assmann, Carleton, Glass, Hume, Kotshum, Linn, Nitschke, North, Phillips, Platt, Schneider, Schuber, Sutor, Weyerman -15. $135.00 to pay judges &c. By Alderman North - An Ordinance, appropriating the sum of $135.00 for the purpose of paying rent of rooms, judges and Clerks of election for December 7, 1891. 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. $5800.00 to pay interest By Alderman North - An Ordinance appropriating the on W.W. & E.L. Bonds. sum of five thousand dollars for the purpose of paying interest on the four hundred Water works and Electric light bonds from October 1st to December 31st 1891, inclusive. 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 and were duly Complied with. A motion was then made, that the Ordinance do now pass, which was adopted by the following vote: Yeas - Aldermen Anderson, Assmann, Carleton, Glass, Hume, Kotshum, Linn, Nitschke North, Phillips, Platt, Schneider, Schuber, Sutor, Weyerman -15. Alderman Phillips was excused. Election returns Alderman North, for the Committee appointed to Canvass Canvassed. the returns, read the report of the Committee giving the result of the said Election, moved that the report be laid on the table subject to Call and that the Council adjourn until 7:30 p.m., Saturday, December 12, 1891. The motion prevailed. Milton Morris, City Clerk. --- Page break --- 225 The minutes of an Adjourned meeting of the City Council. Austin, Tex. December 12, 1891. Hon. John McDonald, mayor, presiding. Roll Call. Present - Aldermen Anderson, Asmann, Sears, Hume, Jackson, Ketchum, Linn, Marris, Newton, Nitschke, Platt, Schuber, Townsend, Weyerman, Ziller.- 15. Call. Absent - Aldermen Carleton, Graham, North, Phillips, Schneider, Suter, Wingfield.- 7. Alderman Linn moved that the regular order of business be now suspended. Carried. Alderman North entered the Council and answered to his name. Election. Alderman Linn moved that the report of the Special Committee, appointed to Canvass the returns of the City election, held on the 7th day of December, 1891, be Called up. Adopted. The report, which is as follows, was then read. Austin, Texas, December 8, 1891. To the Hon. City Council of Austin: Your Committee appointed to Canvass the returns of the city Election held on monday, the 7th day of December, 1891, beg leave to report that it appears therefrom that John McDonald received 2033 Votes for the office of Mayor, A. [illegible] [illegible], Ruben Blount 1, Joseph [illegible] 1, B. T. [illegible] 1, [illegible] [illegible] 1, J.J. Tobin 3, John Boggs 1, Bob Bennett 5, and J. M. Maddox 1. That for the office of School Trustee, Geo. P. Garrison received 1999 Votes, Lewis Hancock 1959, S. H. Morley 1966, Walter Graham 1, [illegible] Jones 1, Walter Lips 1, W. Robertson 1, and S. W. Scott 1. That for Alderman of the First ward - J. P. Schneider received 89 Votes and C. S. Metz 6 Votes. For Alderman of the Second Ward - E. B. Anderson received 181 Votes, and A. S. Roberts 99 Votes. For Alderman of the Third Ward - J. R. Lawrence received 30 Votes, W. D. Shelley 111, and B. W. Smith 19 Votes. For Alderman of the Fourth Ward - Geo. Schuber received 78 Votes. For Alderman of the Fifth Ward - H. A. Linn received 85 Votes. For Alderman of the Sixth Ward - J. L. Hume received 73 Votes. For Alderman of the Seventh Ward - Geo. P. Assmann received 252 Votes, J. M. Mueller received 34, and W. W. Woods received 128 Votes. For Alderman of the Eighth Ward - O. L. Kirby received 65 Votes, J. H. Wetherford, Jr. received 10, and J. C. Phillips received 3 Votes. For Alderman of the Ninth Ward - L. S. Nitschke received 162 Votes, and S. H. Carpenter received 147 Votes. For Alderman of the Tenth Ward - J. P. [illegible] received 294 Votes, and Chas. Wolff 110. --- Page break --- 226 For Alderman of the Eleventh Ward. Robert Weygeman received 89 Votes, H. J. Ketchum 90, and J. V. Bergen received 31 Votes. Your Committee Recommend that this report be laid over without further action until next Saturday, for the purpose of awarding such facilities as may be desired for such Election as may be contested. Respectfully submitted, William F. North, J. B. Nitschke, Wm. A. Glass. The report was adopted. Alderman Linn then moved that the Candidates shown to be elected by said report be declared elected. The motion prevailed. J. E. Bauldin, deed. Alderman Ketchum introduced the following resolution, which was adopted: "Resolved, That the deed of James E. Bauldin to the right of way for a street for the City of Austin, across what is known as the Bauldin estate in the City of Austin, dated December 12, 1891, be and the same is hereby accepted and that the space of land therein described be and the same is hereby declared to be a public street of the City of Austin to be opened and cleared for travel." 11, ward ald. long & short Alderman North moved that the aldermen elect from the Eleventh term. Ward be given one minute in which to decide which one of them shall have the long term, and if at the expiration of that time, they have not decided, the City Clerk shall write their names on separate pieces of paper and place them in a hat to be drawn. The first name drawn to have the long term. Adopted. The two named having expired and the Aldermen not having decided the question, the above motion was duly complied with, and by unanimous consent the Mayor was requested to draw, which he did, drawing the H. J. Ketchum long term. name of H. J. Ketchum who was then declared duly elected Alderman from the Eleventh ward of the city of Austin for the term of two years. R. Weygeman Short term. Alderman R. Weygeman was declared duly elected Alderman from the Eleventh Ward of the City of Austin for the term of one year. Ald. Carleton & Graham. Aldermen Carleton and Graham entered the Council and answered to their names. Mayor sworn in. Alderman Anderson moved that the City Recorder be requested to administer the oath of office to the Mayor. The motion prev. ailed and was duly complied with. Ald. retire. Alderman Morris moved that the aldermen whose terms expire retire, and that the aldermen-elect be sworn in. Ald. qualify. The motion prevailed and Alderman Elect Weygeman was sworn in by the Mayor for one year, and the following aldermenElect were sworn in by the Mayor for the term of two years: E. E. Anderson, W. F. Shelley, J. Schubert, Henry G. Linn, Hume, Geo. P. Assmann, J. H. Warmuth, W. A. Miller, J. H. Jackson, H. J. Ketchum. -10. Roll Call - Present - Aldermen Anderson, Assmann, Glass, Hume, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schurbar, Shelley, Suter, Townsend, Warmuth, Weygeman, Zieklar. - 21. Absent- Alderman Schneider -1. Alderman Linn introduced the foregoing resolution: --- Page break --- Election. Resolved, that the City Council proceed to the Election of City officers in the following order: 1. City Marshal. 2. City Clerk. 3. City Treasurer. 4. City Attorney. 5. City Engineer. 6. City Assessor and Collector. 7. City Recorder. 8. Street Commissioner. 9. City Sexton. 10. City Physician. 11. Resident Physician. 12. Sanitary Inspector. 13. President of the City Council. " Alderman Anderson moved to amend the resolution by making the election of a President of the Board of Aldermen first in order. Accepted. Call of Council. Alderman Morris moved a Call of the Council which was duly adopted. - Ald. Schneider. Alderman elect Schneider was sworn in by the mayor and entered the Council and answered to his name. Susp’d Call. Alderman North moved to Suspend the Call of the Council and proceed with the regular order of business. The motion prevailed and the resolution offered by Alderman Linn naming the order of election of City officers was then adopted. Election. The mayor appointed Aldermen North, Jackson and Shelley Tellers. Prest B.d. a. The mayor declared nominations for President of the Board of Aldermen to be in order. F. S. Morris. Alderman Graham nominated Alderman F. S. Morris, and H. A. Linn. Alderman Assmann nominated Alderman Henry A. Linn. There being no other nominations, ballots were cast and canvassed and the tellers announced the result as follows: F. S. Morris received 8 Votes. H. A. Linn received 12 Votes. The mayor then declared Alderman Linn elected President of the Board of Aldermen for one year. City Marshal. The mayor announced that nominations for City Marshal were in order. J. E. Lucy. Alderman Linn nominated James E. Lucy, and Alderman Fred Peek. Miller nominated Fred Peek. There being no other nominations ballots were cast and canvassed, and the result thereof reported by the Tellers as follows: For City Marshal - James E. Lucy received 18 Votes, and Fred Peek received 4 Votes. The mayor then declared James E. Lucy duly elected City marshal for the term of two years. The mayor declared nominations for City Clerk to be in order. Alderman A. Anderson moved that the mayor cast the vote of the City Council --- Page break --- 228 for Milton Marvis for city clerk. The motion prevailed, and the vote of the Council was so cast and reported by the tellers. The mayor then declared Milton Marvis duly elected City Clerk for the ensuing term. City Tr. J. S. Myrick. The mayor announced that nominations for city Treasurer were in order. Alderman North nominated J. S. Myrick. There being no other nomination Alderman Nitschke moved that the City Clerk be instructed to cast the vote of the City Council for J. S. Myrick for City Treasurer. The motion prevailed and the vote of the city Council was so cast and reported by the tellers. The mayor then declared J. S. Myrick elected City Treasurer for the ensuing term. City Atty Geo. F. Pendexter. The mayor announced that nominations for City Attorney were in order. Alderman Graham nominated George F. Pendexter. There being no other nomination Alderman Linn moved that the City Clerk be instructed to cast the vote of the City Council for George F. Pendexter for City Attorney. The motion prevailed, and the vote was so cast and announced by the tellers. The mayor declared George F. Pendexter elected City Attorney for the ensuing term. City Engineer. Jos. B. McFall. Sam S. Matthews. The mayor then announced that nominations for city Engineer were in order. Alderman Anderson nominated J. B. McFall, and Alderman Linn nominated Sam S. Matthews. There being no other nominations ballots were cast, and after being canvassed the result thereof was stated by the tellers as follows: For City Engineer – Jos. B. McFall received 13 Votes. and Sam S. Matthews received 9 Votes. The mayor then declared Jos. B. McFall duly elected City Engineer for the ensuing term. City Asst. & Collector. Fred Sterzing. The mayor stated that nominations for City Assessor and Collector were in order, and nominated Fred Sterzing for the office. There being no other nomination Alderman Nitschke moved that the City Clerk be instructed to cast the vote of the City Council for Fred Sterzing for City Assessor and Collector. The motion was adopted and the vote so cast, and the tellers announced that Fred Sterzing had received 22 Votes. The mayor then declared Fred Sterzing duly elected City Assessor and Collector for the ensuing term. City Recorder. The mayor stated that nominations for City Recorder were in order. The following nominations for Recorder were then made: By Alderman Marris, Fred Grafton. By Alderman Graham, Jas. W. Hamilton. By Alderman Bleth, Gardner Ruggles. By Alderman Townsend, E. M. Bazan. Ballots being cast and canvassed the tellers announced the [illegible] --- Page break --- 229 "result of the Same as follows: For Recorder- Fred Carleton received 9 Votes, Jas. R. Hamilton received 9 Votes, Gardner Ruggles received 2, and Em D. Bacon received 2 Votes. The mayor stated that was no election and ordered that another ballot be cast, which was done, and after being canvassed the result thereof was announced by the tellers as follows: For Recorder- Fred Carleton received 13 Votes, Jas. R. Hamilton received 8 Votes, and Gardner Ruggles received One Vote The mayor then declared Fred Carleton duly elected City Recorder for the ensuing term. Supt Streets The Chair stated that nominations for Superintendent Ed. Creany. of Streets were in order. Alderman Marcus nominated Ed. Creary for the office. There being no other nomination Alderman Anderson moved that the City Clerk be instructed to cast the vote of the City Council for Ed. Creary for Superintendent of Streets. The motion prevailed and the vote was so cast, and the tellers so announced. The mayor declared Ed Creary duly elected Superintendent of Streets for the ensuing term. City Sexton. The Chair stated that nominations for City Sexton were W.L. Nitschke. in order. Alderman Giller nominated W.L. Nitschke. There being no other nomination Alderman Schuler moved that the City Clerk be instructed to cast the vote of the City Council for W.L. Nitschke for City Sexton. The motion prevailed, and the vote was so cast, and the result so announced by the tellers. The mayor then declared W.L. Nitschke duly elected City Sexton for the ensuing term. City n Res. Phys. Alderman Nitschke moved that the election of a City and Resident Physician be postponed, and that the Council proceed to elect a Sanitary Inspector. Carried. Sanitary Inspector. The following nominations were then made: D.W. Johnson. By Alderman Graham, D.W. Johnson. W.W. Calhoun. By Alderman Assmann, W.W. Calhoun. John Holland. By Alderman Anderson, John Holland. Ballots were cast, and after being canvassed the tellers announced the result thereof as follows: For Sanitary Inspector - D.W. Johnson received 10 Votes, W.W. Calhoun received 11 Votes, and John Holland received 1 Vote. There being no election the mayor ordered that another vote be taken, and ballots were accordingly cast, and after being canvassed the result thereof was announced by the tellers as follows: For Sanitary Inspector - D.W. Johnson received 9 Votes, and W.W. Calhoun received 13 Votes. The mayor declared W.W. Calhoun elected Sanitary Inspector for the ensuing term. Alderman Nitschke moved that the Council proceed to elect a City Lamp Comms. --- Page break --- 230 City Phys. T. J. Bennett. R. S. Graves Alderman Platt nominated T. J. Bennett, and Alderman Graham nominated R. S. Graves. There being no other nominations ballots were Cast, and after being Canvassed the result thereof was announced by the tellers as follows: For City Physician - R. S. Graves received 12 Votes, T. J. Bennett received 8 Votes, and Frank McLaughlin received 1 Vote. The mayor declared R. S. Graves duly elected City Physician for the ensuing term. On motion the Council adjourned. Milton Morris, City Clerk.