260 The Minutes of a Regular Meeting of the City Council Austin, Texas, February 01, 1892. Hon. John McDonald, mayor, presiding. Roll Call. Present- Aldermen Anderson, Glass, Graham, Hume, Jackson, Ketchum, Miller, Morris, Nitschke, North, Platt, Schneider, Schuler, Shelley, Sutor, Townsend, Warmuth, Wygerman, Ziller.-19. Absent- Aldermen C. Anderson, Linn, Newton.-3. Alderman North moved that Mr. Neill McLashin be requested to relieve the City Clerk from attendance upon the Council, to enable him to complete the preparation of the general appropriation ordinance. Carried. The minutes of the meetings of the City Council which were held on the 18th and 23d days of January, 1892, were adopted as printed. The following petitions, memorials, etc., were introduced: From the Lake Navigation Company: A petition asking for permission to use a strip of land 500 feet wide extending from the river to the shore line of the future lake until it becomes necessary to flood the same by reason of the Completion of the dam. The land is to be used as a place to construct boats to navigate the proposed lake. By Alderman Morris: A resolution to grant the above named petition. Adopted. On the recommendation of the mayor, a fine which was assessed against Gus Wilson in the Recorders Court, was remitted. From East Austin Hose Company No. 4: A petition requesting the City Council to refund to the Company the sum of $196.75, which was advanced by the members of the Company to complete the City's building now occupied by the Company. Referred to the Fire Committee. From citizens of the Eleventh Ward, and other persons: A petition asking the Council to open a street through the property of D. W. Bauldin, in South Austin, he having offered to donate land for that purpose, on condition that the city will open the street at once and build a suitable bridge over the East fork of Bauldin Creek, on the proposed street, within a reasonable time. It was referred to the Street Committee. By Alderman Miller: A proposal from Smith & Brady and himself offering to donate a stone crossing to be placed across East Sixth Street on the west line of San Jacinto Street, on condition that the City will place the same in position at the point named. The proposition was accepted. By Alderman Humes: A petition of Citizens asking that a street be opened along the south boundary line of the [illegible] Sumatra [illegible] grounds, which runs in a continuation of Spring Street leading from Thin Ridge and intersecting with the Austin and Livingston road. Referred to the Street Committee. By Alderman Junson: A protest of Citizens against the passage of the ordinance granting Hogg and Associates right of way --- Page break --- 261 Protest vs. Rail Road for a railroad along East Third and Brazos Streets on E 3rd Brazos St It was laid over to Come up with the Ordinance named therein. By Alderman Nutan: A Communication from Lewis- Mercer Con. the Lewis- Mercer Construction Company of New York Sewer System. with reference to Constructing a system of Sanitary Sewers in this City; also an Ordinance naming the terms, Etc They were referred to the Committee on Sanitation and Sewerage and the City Attorney Reports of City Officers. Ref— The reports of the City Assessor and Collector, City Officers. City Clerk, City Treasurer, City Marshal, City Dayton and City Physician for the month of January, 1892, were read and referred. The report of Chief Engineer Frizell for the month of January, 1892, was read, and ordered filed. Reports of Committees By Alderman Hume, for the Committee on Streets, to whom was referred an Ordinance Entitled "An Ordinance appropriating the sum of three hundred and fifty dollars for the purpose of Constructing a rock or brick Culvert on Committees East Twelfth Street near Lamal Street," Submitted a report thereon recommending that the Same be passed. It was laid over to Come up with the Ordinance named therein. By Alderman Hume, for the Street Committee, to whom was referred an Ordinance Entitled "An Ordinance to provide for improvements on the Streets of the City of Austin for a part of the year 1892," presented a report thereon recommending that the Ordinance do not pass, and that "all Street work be left to the Supervision of the Mayor, Street Commissioner and City Engineer, as has been the Custom heretofore." Alderman Platt moved to lay the report on the table. Carried. Bonds of Alderman North, for the Committee on Ordinances, to City Officers. whom was referred the official bonds of J.S. Myers, City Treasurer, and Fred S Tenzing, City Assessor and Collector, offered a report stating that the bonds "have been Examined by us, and believing them to be Valid and Sufficient, we recommend that the Same be approved." The report was adopted. Alderman Schutze moved that the old wagon harness be used five or Six months longer. Carried. Unfinished Business. An Ordinance Entitled "An Ordinance appropriating the $800. & Miss. for Sum of $800 to place Crossings on Congress Avenue and Street Improve... Sixth Street," was taken up on its Second reading and read. Alderman Jillen then moved that the caption and Section 1 thereof be so amended as to include the Sum of $50 for the purpose of placing three Crossings across Lavaca Street at its intersection with Thirteenth Street, and --- Page break --- 262 also across the Street from the East End of Goodman's sidewalk to the Entrance of the Capitol grounds. Adopted by the following Vote. "Yeas - Aldermen Glass, Graham, Hume, Jackson, Miller, Nitschke, Schuber, Shelley, Townsend, Warmoth, Ziller.-11. Nays- Aldermen Ketchum, Morris, North, Platt, Schneider, Sutter, Weyerman.-7. A motion was then made to suspend the rules and place the same on its second reading, which was lost by the following vote. Yeas - Aldermen Graham, Miller, Morris, North, Schuber, Shelley, Townsend, Warmoth, Weyerman, Ziller.-10. Nays- Aldermen Glass, Hume, Jackson, Ketchum, Nitschke, Platt, Schneider, Sutter.-8. An Ordinance entitled "An Ordinance to provide for Street improvements improvements on the Streets of the City of Austin for a for part of 1892 part of the year 1892", was taken up on its second reading and read, after which Alderman Morris moved to reconsider the vote by which the report of the Street Committee on said Ordinance was laid upon the table. Carried. Section 2 of the Ordinance provides "that the Superintendent of Streets shall proceed with the work of Street improvement by Wards, working only three weeks at a time in each Ward of the City, and when such three weeks work shall have been done in any ward after the passage of this Ordinance no more work shall be done in such Ward until a like three weeks work shall have been devoted to each of the other Wards of the city; provided, that the order in which it is herein prescribed that work shall be done may be departed from by the Superintendent of Streets when necessary to repair bridges or other places which may become so out of repair as to render accidents to travelers probable, if repairs be not immediately made......" Alderman Morris moved to amend the above Section by striking out the word "three" where it appears and inserting Amended in lieu thereof the word "two" adopted. 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- Aldermen Glass, Ketchum, Miller, Morris, Schneider, Shelley, Sutter, Warmoth, Weyerman, Zeller.-10. Nays- Aldermen Graham, Hume, Jackson, Nitschke, North, Platt, Schuber, Townsend.-8. An Ordinance entitled "An Ordinance granting the right of way over certain Streets, and the right to cross certain highJ.W. Hoyt, right ways in the City of Austin, to John W. Hoyt, his associates way lots R. R. and assigns, for a Steam railroad to be built from the Western part of Travis County into the City of "Austin," was taken up on its Second reading and read, after which Alderman Morris moved to amend Section 2 thereof --- Page break --- 263 by striking out the proviso therein, which reads as follows: "That from the South Side of Vreend or Live Oak Street to the Colorado river the track may be laid at such a distance below the grade of the Street as may be necessary to admit of running trains over said road under the South End of the bridge across the Colorado river at the foot of Congress Avenue or trestle work" and inserting in lieu thereof the following: "Provided, that if it shall become necessary to make any cut in the Streets, Specifications thereof, including the arching over the track of the railroad at the Street Crossings and such provisions to avoid interrupting travel over the Streets, as may be proposed by said Hoyt, his associates or assigns, shall be submitted to the City Council and must receive its approval before any cut below the grade of the Street shall be allowed." The amendment prevailed. Amended: Alderman Morris moved to Strike out Section 8 of the Ordinance, which Conflicts with the above Amendment. Adopted. Alderman Morris also moved to amend Section 6 of the Ordinance by adding thereto the following: "And said Hoyt is granted the rights herein Subject to the Condition that the road Constructed by him, his associates or assigns, shall Cross the Colorado river, and South of the last pier of the public bridge, and shall not pass under said bridge at any point." Carried. Alderman Stume moved to amend the Ordinance so as to require said Hoyt and associates to Secure right of way from Citizens whose property abut on the Street over which the proposed road is to be built, before Said road shall be Constructed. The amendment was lost Yeas 4; Nays 14. A motion was then made to Suspend the rules and place the Ordinance on its third Rules suspended reading, which prevailed by a vote of two thirds of the passed by ⅔ vote. whole Council. The Ordinance was accordingly read, and on motion passed. An Ordinance Entitled "An Ordinance appropriating the Sum of three hundred and fifty dollars for the $350. for Bulwark purpose of Constructing a rear [illegible] brick Culvert On on E. 12th St. East Twelfth Street, near Canal Street" was taken up on its Second reading, and read, after which a motion was made to Suspend the rules and place it on to third reading, which was lost by the following vote: Yeas- Aldermen Vless, Graham, Stume, [illegible] Lithman, Mission, Nitockske, Ploth, Schuber, Thousand, Warmotte, Newman - 12. Nay- Aldermen Morris, South, Schneider, Shelley, --- Page break --- 264 Suter, Ziller--6. New Business. By Alderman North- A resolution which directs the Ordinance Committee to draft and report an Ordinance which shall require the owners of property within limits of the city, to curb and render passable the sidewalks in front of their respective premises. It was referred to the Ordinance Committee. By Alderman Morris- An Ordinance Entitled "An Ordinance appropriating the sum of $25,821.84 for the purpose of paying Estimate No. 15, of work done and materials furnished by Archibald Carrigan, during the month of January, 1892, under his Contract with the City of Austin, dated Nov. 17, 1890." It was read one 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 Glass, Graham, Hume, Jackson, Ketchum, Miller, Morris, Nitschke, North, Platt, Schneider, Schuber, Shelley, Suter, Townsend, Warmoth, Weyerman, Ziller-18. By Alderman Morris- An Ordinance appropriating the sum of $4,693.06 for the purpose of paying approved accounts. It was read one 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 Glass, Graham, Hume, Jackson, Ketchum, Miller, Morris, Nitschke, North, Platt, Schuber, Shelley, Suter, Townsend, Warmoth, Weyerman, Ziller-17. Nay- Alderman Schneider By Alderman Morris- An Ordinance Entitled "An Ordinance granting the Lake Navigation Company the right to operate and convey all kinds of Steamboats, Vessels and other water crafts on the reservoir or lake to be formed in the channel of the Colorado river by the Construction of the Austin City Water and Light works dam across the Colorado river. It was read and referred to the Ordinance Committee. By Alderman Warmoth- A resolution, directing that a Committee of three be appointed to ascertain the Character and probable cost of repairs which should be made on the city and County hospital buildings, and to report same to the next meeting of the City Council. The resolution prevailed, and the Chair appointed as such Committee Aldermen Schuber, Graham and Nitschke. The Council then adjourned. Milton Morris, City Clerk.