231 Minutes of a Regular Meeting of the City Council. Austin, Texas December 21. 1891. Hon. John McDonald, Mayor, presiding. Roll Roll ball Present - Aldermen, Anderson, Assmann, Graham, Nune, Jackson, Ketchum, Kuno, Miller, Morris, Newton, Nitschke, Platt, Schneider, Schubert, Shelley, Townsend, Warmoth, Weyern and Ziller - 19. Call Absent - Aldermen Glass, North, Smith, Sulor. - 3. Minutes The minutes of the last meeting of the City Council were changed so as to cause the eighth sub-division of the resolution printed on Page 4 to read, 'Superintendent of Streets;' and also on Page 8, twenty fifth line from the top, to read, 'By Alderman Anderson by request of John Nolan and' The minutes of the meeting under date of Dec 15th were accepted as amended. The minutes of the meetings of the City Council which were held on the 5th, 7th, and 8th days of December 1891, were then adopted as printed. Petitions Memorials, etc. David Johnson The application of David Johnson for position on the police force was read and referred to the Police Committee. Fire Commissioners A communication was received from the Board of Fire Commissioners asking the City Council to compel by ordinance, all owners of cotton yards to employ night watchmen, and to provide water near such yards. Read and referred to Fire Committee. Josephine Foster An application from Mrs. Josephine Foster, for the position of matron of the City and County Hospital, bearing the recommendation of Physicians, and others, was read and ordered to be received and filed. Ald. Sulor Alderman Sulor entered the Council and answered to his name. N. E. Lainhart By Alderman Morris: Petition from N. E. Lainhart asking permission to repair the frame building situated on Lot No. 8, in Block No. 98 within the fire limits of the City. The petition was granted. Butchers By Alderman Platt: A petition from butchers asking that they be permitted to allow their slaughter pens to remain in the city limits for the present. Alderman Weyern moved to refer the same to the Committee on Sanitation and Sewerage. Alderman Anderson moved as a substitute that the petition be granted. Slaughter pens Alderman Platt moved to amend the substitute as follows: That the slaughter pens now within the City limits be allowed to remain in their present locations until the first day of May 1892. The amendment was accepted and the substitute as amended was adopted. --- Page break --- 232 Citizens of 6th ward By Alderman Neuse: Petition from citizens of the Sixth For Electric light. ward, asking that an arc electric light be located at or near the west entrance to the University grounds. It was referred to the Committee on Water and Light. Street crossings By Alderman Dohuber: Petition from citizens living in the at Goodmans Northwestern part of the city asking that street crossings be & Jernigans placed across Colorado and Lavaca streets, one at Goodman's corner, and one at Jernigan's marble yards. It was referred to the Street Committee. G. H. Dumy By Alderman Ketchum: A petition from citizens asking that $75. per mo. G. H. Dumy be elected Keeper of the Colorado bridge, and that he be clothed with police powers and given a salary of about $75. per month. It was read and ordered filed. East 6th Street By Alderman Platt: Two petitions from citizens owning property or doing business on East Sixth Street asking that said street be widened to a uniform width of eighty feet. It was referred to the Street Committee. Protection Hose Co No 3 By Alderman Schnieder: A resolution adopted by the $1162.15 Board of Fire Commissioners, requesting the Council to pass as soon as possible an ordinance appropriating the sum of $1162.15 for the relief of Protection Hose Co. No 3, to pay the present indebtedness of the company on their building, as shown by the bill accompanying the resolution. It was referred to the Fire Committee. Reports of City Officers. Delinquent By the City Attorney: A report with reference to the lists Tax payers of claims against delinquent tax payers of the City of Austin, now in his hands for collection. The report suggests that better and quicker results can be attained by judicious compromises than by indiscriminate suits, and advises that the Finance Committee be authorized to adjust these matters on such terms as may seem best for the interest of the city, and that their action in the premises be reported to the Council for approval or rejection. Alderman Morris moved that the report be adopted. Carried. W. N. Milam By the City Attorney, to whom was referred petition of W. N. Milam, asking the council to refund jury fees paid by him in the Recorder's court to secure a trial by jury, the case having been appealed to the County Court and there dismissed. The opinion advises refunding the fees. It was moved and carried that the report be adopted and the Finance committee be instructed to include the amount of the fees in the next general appropriation ordinance. Wm Parks By the City Attorney, to whom was referred the claim of Wm Parks for damages to his property consisting of lot 7 in block 26. caused by the construction of the dam inquired. The opinion states that the city is liable for any damage --- Page break --- 233 it may have done his property by the construction of Street Roads. The report and attached petition were referred to the Street Committee and City Engineer. By the City Attorney, to whom was referred petition of D. D. P. Natch P. Natch, requesting that a portion of the cost of certain peddlers license taken out by mistake be refunded to him, the City Attorney states that he is unable to advise in this matter as it cannot be ascertained from the petition whether the petitioner in taking out the license acted in good faith or not, and upon this point the merits of his request must rest. Alderman Morris moved to refer the petition and opinion thereon to the Committee on Claims and Accounts. Carried. Committee Reports. City Marshal By Alderman Graham, for the Police Committee, to whom was referred the reports of the City Marshal for the months of September, October and November 1891, submitted reports thereon stating that the reports of the marshal were examined and found correct. No action was taken on the reports of the Committee. Unfinished Business. Resident Physician The Mayor announced that nominations for resident at Hospital physician for the hospital were in order. Alderman Graham moved that the office of resident physician of the hospital be abolished. Alderman Harris moved as a substitute, that the Council decline to elect a resident physician to night. Alderman Anderson moved to amend by offering the following motion. That a special committee of three shall be appointed to ascertain whether or not it would be proper to abolish the office. The amendment was accepted, and the motion as amended prevailed, and the Chair appointed as such committee Aldermen Anderson, Harwith and Graham. New Business. City Hospital By Alderman Lines: A proposition from Drs. J. W. McDoughlie, F. J. Pynch, J. D. Wooster and F. F. Bennett proposition to serve by lease to lease the City and County Hospital the city to pay $3600.00 a year, and all patients sent to the hospital by any H. McDonough etc the city physician in excess of eleven each month shall be paid for at the rate of one dollar per day each. "$3/..." Alderman Lines moved that the proposition be referred to a special committee of three, and asked that he be not placed on the committee. Alderman Plath moved to amend the motion by striking --- Page break --- 234 Hospital. Committee appointed Henry Ziller Asst Assessor &c. Mayor's Message. Street Committee Chm. of Forms &c. Street force to be increased $1,000. per mo. Pay for Holidays. out "three" and inserting in lieu thereof "five", as the number to compose the committee. The amendment was adopted and the motion as amended prevailed. The Mayor then added Aldermen Platt and Ketchum to the special committee on hospital above named, thereby forming the committee. The Mayor stated that the election of an Assistant Assessor and Collector was in order, and nominated Henry Ziller for the position. There being no other nomination, Alderman Nitschke moved that the City Clerks be directed to cast the vote of the Council for Henry Ziller for the position of Assistant Assessor and Collector. The motion prevailed and the vote was so cast, and announced. The Mayor then declared Henry Ziller duly elected Assistant Assessor and Collector of the City of Austin for the ensuing term. Mayor's Message. Mayor's Office Austin, Texas. Dec, 21, 1891. Gentlemen of the City Council: I herewith submit the names of the standing committees for the ensuing year. I would call your attention to the fact that the street committee has assumed in times past, to have full charge of the work upon the streets, and have directed the superintendent of streets and engineer to do works here and there as pleased them. I do not find that they are clothed with any extraordinary powers more than are possessed by other committees, namely, to report upon such matters as are referred to them by the City Council, from time to time. Under our Present Charter the Superintendent of Streets seems to have charge of works on the streets with the advice of the Engineer and Mayor, within such limits of expense as the City Council may prescribe (Sec. 322, pg. 98, City Charter.) I would recommend that the superintendent of streets be authorized to increase his force of workmen on the streets after the holidays, and that he may be allowed to continue such increased force through January and February, thus giving work to many who need employment by which to support themselves during the two winter months. I think he may be allowed to expend as much as $1,000. per month for the time being. I have at his request, authorized him to dismiss the extra men until January, and return his pay roll for same to date. I trust you will make an appropriation covering the amount due them so that they can have the money for use during the holidays. I have been delayed in making up my annual reports --- Page break --- 235 by sickness, but hope to have it ready by your next regular session. Very Respectfully, John McDonald Mayor Message referred. Alderman Anderson moved to refer the message to the ordinance committee, with instructions to draft an ordinance in accord ance with the charter provisions alluded to therein, regulating work upon the streets. Carried. Standing Committees The Mayor presented the following: Standing committees of the City Council December 21. 1891. Streets and Alleys Streets and Alleys J. L. Nunn. J. B. Nitschke; J. A. Jackson Finance Finance N. A. Linn, C. E. Anderson, H. F. North. Parks Parks. A. N. Heuton, H. C. Miller, H. P. Sutton. Fire Dept Fire Department J. P. Schneider, W. Ziller, G. P. Assmann. Police Dept Police Department A. W. Townsend, J. P. Schneider, H. D. Shelley Claims & Accts. Claims and Accounts. C. E. Anderson, W. Ziller, R Platt Ordinance Ordinance H. F. North, A. G. Morris, A. Platt. Public Printing Public Printing J. W. Graham, N. J. Ketchum, J. Schubert Markets Markets. J. Schubert, R. Weyerman, G. P. Assmann Cemetery Cemetery W. Ziller, R. Weyerman, J. N. Warmoth. Sanitation etc. Sanitation and Sewerage H. P. Sutton, W. A. Glass, R Weyerman Hospital Hospital. J. N. Warmoth. J. P. Schneider, A. W. Townsend Water & Light Water and Light, A. G. Morris, C. E. Anderson, N. A. Linn Charity Charity --- Page break --- 236 H. A. Glass. H. D. Nork, D. G. Morris Purchasing H. D. North, J. Schutze, H. D. Shelley. Purchasing Election Tickets unused. By Alderman Anderson: A resolution authorizing the City Clerk to burn unused election tickets. The same was read and adopted. Oliver P. Crocker Gamewell Fire Alarm An invitation from Oliver P. Crocker, special agent of the Gamewell Fire Alarm Co. to the City Council to attend and inspect the workings of the system at 907 Congress Avenue. Accepted. Street crossings Congress Avenue E. 6th & W. 6th sts. By Alderman Anderson: "Resolved, That the City Engineer and superintendent of streets assess and report at the next meeting of the City Council, the cost of constructing street crossings, not to exceed six, on Congress Avenue three on East Sixth Street and two on West Sixth Street of granite or limestone." Adopted. Arts 127. amended " 137. repealed how Ordinances may be By Alderman Anderson: An ordinance entitled "An Ordinance to amend section one of an ordinance entitled "an ordinance to amend article 127 and to repeal article 137 of the revised penal ordinances of the City of Austin." To exempt that portion of the City taken into the City by the last charter from the provisions of the so-called "Cow Ordinance". The Ordinance 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 the following vote. Yeas – Aldermen Anderson, Assmann, Nance, Jackson Ketchum, Linn, Miller, Morris, Newton, Nitschke, Platt Schutze, Schneider, Shelley, Townsend, Warmoth, Weyermann Ziller – 18. Nay – Alderman Sutton. The ordinance was accordingly read, and on motion passed. Pay Ex. Street Laborers for Dec. 1891 $651.75 By Alderman Linn – An ordinance appropriating the sum of six hundred and fifty-one and 75-100 dollars for the purpose of paying extra street laborers 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, Assmann, Graham, Nance, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, Platt, Schneider, Schutze, Shelley, Sutton, Townsend, Warmoth, Weyermann, Ziller. – 20. Aldermen's pay of $30.00 By Alderman Linn: An ordinance appropriating the sum of thirty dollars for the purpose of paying aldermen of the City of Austin for attending regular meetings of the City Council. It was read, after which a motion was made to --- Page break --- 237 suspend the rules and place the same on its second and third readings, both of which were adopted by a a vote of two-thirds of the whole Council. The ordinance was accordingly read and on motion passed. Colorado. R. Bridge Alderman Morris moved that a special committee of three be appointed to interview the members of the County Commissioners Court and advise them of the inability of the City to take charge of and keep in repair, the Colorado river bridge and approaches thereto. The motion prevailed and the chair appointed Alderman Morris Dehmerd and Ketchum as such committee. Salaries Alderman Lewis moved that a special committee of three be appointed to draft and present to the Council Committee appointed an ordinance fixing salaries of officers and regular employees for the ensuing term. The motion prevailed, and the chair appointed Aldermen Lewis, Thurne and Shelley as such committee. On motion the Council then adjourned Laity Clerk.