286 [Text written vertically in the page binding:] A petition from Mary Seaberry representing claim for injury alleged to have been caused by a defective culvert in Gallos line drainage for the breakage of her buggy was referred to the comittee on claims and accounts Minutes of a Regular Meeting of the City Council Austin Texas April 4 1892 Hon John McDonald Mayor Presiding Present Aldermen Anderson, Gassmann, Glass, Graham, Hreme, Jackson, Ochem, Linn, Miller, Morris, Platt, Scheutze, North, Pehl, Schroeter, Schubert, Shelley, Sutor, Townsend, Warmoth, Wyman Ziller – 22 [Margin Note:] City Atty expenses It was moved that Mr. Neil McBaskin be requested to release the city clerk from attending upon the Council to enable him to complete the preparation of the general appropriation ordinance The Motion prevailed and was complied with [Margin Note:] Minutes of Council held Mch 21st appd The Minutes of the meeting of the City Council which was held on the 21st day of March 1892 were adopted as printed Petitions Memorials etc The following named petitions, memorials etc were introduced [Margin Note:] Pet to refund pound fees From two citizens of the seventh ward requesting that certain pound fees paid by them be refunded It was referred to the committee on claims and accounts [Margin Note:] Pet. locating an Electric Light By Alderman Platt. A petition of citizens and tax payers requesting that an electric light be located at the intersection of trinity and east fifth streets. It was referred to the committee on water and light Alderman Morris was excused [Margin Note:] Pet- asking reduction of city Taxes By Alderman Graham. A petition from Miss Dupree asking that the amount of her city taxes be reduced It was referred to the committee on claims and accounts [Margin Note:] Pet- asking a credit on Taxes By Alderman Linn. A petition from M. Maas representing the City Council to allow him a credit of $300 on his city taxes to reimburse him for money expended on a ditch to protect his premises from overflow It was referred to the finance committee and city attorney [Margin Note:] Fine vs C. Gonzales remitted On the recommendation of the mayor the council remitted a portion of the fine assessed in the recorders court against C. Gonzales --- Page break --- 287 Reports of the City Officers City Officer's reports The reports of the Matron of the hospital, City Treasurer, City Clerk, Chief Engineer Frizell, City Sexton, City PoorMaster, City Physician and City Assessor and Collector for the month of March 1894 were read and referred. Claim for damages A Report from the City Attorney on the claim of John B. Taylor for household goods etc alleged to have been destroyed by the city Authorities during the time his family were sick with the Small Pox submitted an opinion stating in substance that the City is not liable for the payment of the claim, the City Council not having Authorized the destruction of the property. Alderman Anderson moved the adoption of the report and that the claim be laid on the table. Carried Reports of Committee Pet. for fence for By Alderman Hume for the Committee on Streets sign at Dummy and Alleys. To whom was referred the petition of Railroad Moulden and Kiesel asking permission to erect a fence for sign painting at or near the depot of the Dummy line submitted a report which states "That said permission does not disclose whether the depot at the dam or in the City is intended. If the latter, we recommend that the same be not granted but if the former be intended we recommend that the same be granted, provided that its location height and power of removal of the same be vested in the discretion of the Mayor and that no vested rights to the space to be occupied by the fence shall be acquired by permission granted for its construction". Motion to table Alderman Sutor moved to lay the report on the table and the motion was rejected by the following vote. Yeas Aldermen Assmann, Ketchum, Newton, North, Schneider, Schuster, Sutor, 7 Nays, Aldermen. Anderson, Glass, Graham, Hume, Jackson, Linn, Miller, Nitsche, Platt, Shelley, Townsend, Warmoth, Weyerman, Ziller - 14 The Report was then adopted Pet Oley Anderson... Alderman Hume, for the Street committee to whom was referred a petition from Odel Anderson requesting the Council to direct the Superintendent of Streets to haul certain rock to his (Anderson's) premises submitted a report which states "That we find that Mr Anderson voluntarily assumed the job of blasting the rock at the lime and kiln referred to without and obtaining the permission of the City Engineer to do so and that the understanding between --- Page break --- 288 Mr Anderson and the Street Commissioner, Mr Creary was that the rock should be used in the improvement of an Alley adjacent to Mr Anderson’s property such use being the inducement to Mr Creary’s promise with Anderson to haul the same But as Mr Anderson now seeks to put the rock to private use different from the use contemplated we recommend that his petition be not granted The Report was adopted. Pet for Damages Alderman Thome for the street committee to whom was referred the petition of Mrs J. Delemare and others the heirs of B.O. Slavely and owners of out lot No 20 in Division O requesting the Council to pay damages in the sum of $500 for a ditch that was dug through said out lot by the City of Austin submitted a report thereon which states “That they are informed by Mr Ed Creary the Street commissioner that during the life time of Mr B.O. Slavely that he Mr Slavely consented to and urgently requested that said ditch should be cut through said property he Slavely sending his assistance to clearing away the ground preparatory to the cutting of said ditch; we therefore think that the heirs of Mr Slavely are estopped from asserting any claim for damages by reason of the presence of said ditch through said property and recommend that their petition be not granted. Adopted adopted City Team By Alderman Thome for the committee on Streets to whom was referred “the communication of Mr Ed Creary street commissioner concerning the plow team and two other spans of mules belonging to the city - beg leave to report that they find said mules unfit for further service as represented in said communication We recommend that said mules be turned into pasture and that their places in the service of the City be supplied by the purchase of others The report was adopted and the chairman of the street committee and the superintendent of Streets were directed to act with the committee on purchases in the matter of purchasing additional mules Fire Dept- Wash S.F.E. Co No 1 repaired By Alderman Schneider for the committee on Fire Department to whom was referred the subject of having the fire engine of Washington Steam Fire Engine Company No 1 repaired presented a report which states that bids were invited for doing the work and that but one was received that of Frank Heerman & Bro for the sum of $307.40 the report recommends that an appropriation of the amount named be made Adopted. --- Page break --- 289 Marshal report By Alderman Townsend for the Police Committee to whom was referred the reports of the City Marshal for the month of February 1892 presented a report which states that they have examined the reports and found them to be correct. Appropriation for City Hospital By Alderman Warmoth for the committee on Hospital affairs submitted a report which states that the appropriation of $35.0 heretofore made for the purpose of repairing the City and County Hospital is too small and recommends that an additional appropriation of $25 be made. Adopted. Further time was granted to the committee on ordinances in which to prepare reports Res directing Electric light removed By Alderman Anderson for the committee on water and light to whom was referred a resolution directing that the electric light on fourteenth street between Paches and Trinity streets be removed to the corner of Trinity and fifteenth streets, submitted a report recommending that the change be made and it was adopted. New Business Res directing all Bills audited sworn to By Alderman Anderson Resolved, That from and after this date all bills and accounts must be filed with the city clerk on the first day of the month and all bills which are not so filed by said time shall lay over until next meeting and all bills which are not approved by the committees at the hour of meeting shall remain over to the next meeting of the council. Adopted Limiting speed of Electric & Steam RR Cars By Alderman Glass Resolved directing the committee on ordinance to frame and present to the city council at its next regular meeting an ordinance limiting the speed of electric and steam Railroad cars in the city of Austin The resolution fixes the speed as follows Electric cars on Avenue not to exceed six miles per hour Same on Lavaca ten miles per hour. On sixth street between Rio Grand and East avenue not to exceed six miles per hour and on Rio grande street ten miles per hour On sixth st west of Rio Grand not to exceed ten miles per hour. Steam cars on main railroad between Shoal Creek and East Avenue not to exceed six miles per hour, Same while passing under the International and Great Northern railroad and through rock cut not to exceed six miles per hour - --- Page break --- 290 The resolution was referred to the Ordinance committee Res regarding the storage of powder By Alderman Glass A resolution directing the City Marshal to enforce the ordinance limiting the storage of Powder etc. in the City limits It was refered to the ordinance committee Res regarding the State Sewer By Alderman Glass. A resolution entitled "a resolution instructing the Sanitary committee to consult with the superintendent of public grounds and buildings of the state of Texas and with the governor of said State if necessary in regard to fixing the State Sewer of said State in the City of Austin emptying into the Colorado river. Adopted. appropriating money repairing W.S.F.E No1 By Alderman Schneider An Ordinance appropriating the sum of $357.50 for the purpose of repairing Washington Steam Fire Engine It was read the first time after which motions were made to suspend the rules and place the same on its second and third reading both of which were adopted by the following vote — Yeas Aldermen Anderson, Assmann, Glass, Graham, Hume, Jackson, Linn, Newton, Rilschter, Schneider, Schutze, Shelley, Townsend, Weyerman, Ziller, —15— Nays Aldermen Ketchum, Miller, Forth, Platt, Sutor, Warmoth. —6 Passed The Ordinance was accordingly read and on motion passed by the following vote. Yeas Aldermen Anderson, Assmann, Glass, Graham, Hume, Jackson, Newton, Rilschter, Schneider, Schutze Shelley, Townsend, Weyerman, Ziller. 14 Nays Aldermen. Ketchum, Linn, Miller, Forth, Platt, Sutor Warmoth —7 granting right of way By Alderman Anderson, An Ordinance granting the right of way over certain streets and the right-to-cross certain highways in the City of Austin to the Austin and Suburban Railroad Company an organization duly existing under the laws of Texas for operating a street railroad It was read and refered to the ordinance Committee. Alderman Graham was excused fixing compensation for Atty of City Atty By Alderman Linn. An Ordinance fixing the compensation of the City Attorney for collecting delinquent taxes It was read the first time after which motions were made to suspend the rules and place the same on its second and third reading. --- Page break --- 291 both of which were adopted by a vote of two thirds of the whole Council The Ordinance was accordingly read and on motion Passed passed by the following vote Yeas Aldermen Anderson. Assmann. Blume. Jackson. Linn. Miller. Newton. Nitsche. North. Platt. Schuber. Shelley. Sutor. Townsend. Marmoth. Weyermann. Zeller. 17 Nays Aldermen. Glass. Ketchum. Schneider - 3 City Clerk to advertise Alderman Schuber moved that the City Clerk be instructed H & L truck & engine to advertise the hook and ladder truck and the engine for sale known as Colorado No 2 now at the city hall, for sale Carried. To pay estimate By Alderman Linn No 17" An Ordinance Appropriating $2088.70 for the purpose of paying estimate No 17 of Work done and material furnished by Bernard Corrigan during the month of March 1892, under his contract with the City of Austin dated Nov 7 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 now pass all of which were adopted by the following vote Yeas Aldermen Anderson. Assmann. Glass. Blume. Jackson. Ketchum. Linn. Miller. Newton. Nitsche. North. Platt. Schuber. Shelley. Sutor. Townsend. Marmoth. Weyermann. Zeller - 20 To pay approved By Alderman Linn accts An Ordinance Appropriating the sum of $2769.82 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 ordinance on its second and third readings, and that it do pass all of which were adopted by the following vote Yeas Aldermen Anderson. Assmann. Glass. Blume. Jackson Ketchum. Linn. Miller Newton. Nitsche. North Platt. Schuber. Shelley. Sutor. Townsend. Marmoth Weyermann Zeller. - 19 Nay Alderman Schneider - 1 repairing of City By Alderman Marmoth Hospital An Ordinance Appropriating the sum of $125- for the purpose of repairing the City and County Hospital. 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 now pass all of which were adopted by the following vote. --- Page break --- 292 Yeas, Aldermen, Anderson, Assman, Glass, Hume, Jackson, Ketchum, Linn, Miller, Newton, Fritschke, North, Platt, Schneider, Schuber, Shelley, Sussner, Townsend, Marmoth, Myerman, Ziller, - 20 Com to Canvass election of officers chief dept Alderman Ziller, moved that a committee of three be appointed to canvass the returns of the election held on March 29, 1892 for the purpose of electing officer of the fire department. The motion was carried and the chair appointed. Aldermen North, Townsend, Ziller. Aldermen Hume, Sutor, and Linn, were excused. appropriation to improve alley By Alderman Platt An Ordinance. Appropriating $15.00 to improve the Alley running north and south through block 69 between Brazos and Pecan streetsIt 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 a vote of two thirds of the whole council. The Ordinance was accordingly read after which the following was added as section 2 The Appropriation to be expended under the direction of the City Engineer and Street Committee Motions were then made to suspend the rules and place the ordinance on its third reading and that it do pass both of which was adopted by the following vote Yeas Aldermen Anderson, Assmann, Glass, Jackson Ketchum, Linn, Miller, Newton, Fritschke, North, Platt Schneider, Schuber, Shelley, Townsend, Marmoth, Myerman, Ziller - 18 com. report The committee appointed to canvass the returns above named submitted a report, which states that the following vote was cast. officers elected For the office of Chief, August Ziller received 106 votes And George Fiegel received 87 votes For the office of Assistant Chief. F. O. Babcock received 115 votes And F. E. Fritschke received 77 votes For the office of Recorder Henry W. Brown received 193 votes The report recommends that August Ziller be declared chief, Frank O. Babcock assistant chief and Henry W. Brown Recorder during the coming year and it was adopted. The Council then adjourned Milton Morris, City Clerk