299 Minutes of a Regular Meeting of the City Council. Austin, Texas, April 18, 1892. Hon. Henry. A. Liiw, President of the Board of Aldermen presiding. Roll Call Roll Call: Present - Aldermen Anderson, Glass, Graham, Newell, Aldermen Present - Kitchen, Liiw, Miller, Morris, Newton, Nitschke, North, Platt, Schutze, Shelley, Townesend, Weyerman, Ziller, 17. Absent- Aldermen Asmann, Jackson, Schneider, Sutton, Warmoth, - 5. The minutes of the meetings of the City Council which were held on the 4th and 9th days of April, 1892. were adopted as printed. Alderman Jackson entered the Council and answered to his name. Fine remitted On the recommendation of the Mayor the remainder of the fine due by Frank Hrabik was remitted. Petitions Memorials, etc. The following Petitions, memorials, etc. were introduced: Invitation from From the ladies of San Antonio, an invitation to the Ladies of San Antonio Mayor, and Board of Aldermen to witness, a "Battle of Flowers" to take place in that City April 21, in commemoration of the battle of San Jacinto, signed by Mrs. J. J. Stevens, President, and Mrs. J. A. French, Committee on invitations. Motion to accept Alderman North moved, that the invitation be received, and that the thanks of the Council be tendered for the same, and that the City Clerk be instructed to mail a copy of this resolution to the persons named. Adopted. The following was read: San Antonio, Texas, April 16, 1892 Invitation from Ladies By direction of the ladies in charge of the of San Antonio grand military charity ball, in aid of the starving Russians, I have the honor to tender to you, and to the good citizens of the City over which you so worthily preside, a cordial invitation to be present at the new mess hall at Fort Sam Houston on Thursday evening, April 21st, San Jacinto day. Very Respectfully W. P. Martin, Secretary etc, To The Mayor of Austin. Motion to receive Alderman Anderson moved that the invitation be invitation received, and that the thanks of the City Council be tendered for the same, and that the City Clerk be instructed to mail a copy of this resolution to the --- Page break --- 300 person named Carried Aldermen Assmann and Warmoth entered the Council and answered to their names. The following was read: Invitation from Fire dept. Austin, Tex. April 18. 1892. To the Honorable Mayor and Board of Aldermen; Austin, Texas. Gentlemen: I am instructed by the committee having in charge the Firemen's San Jacinto Day celebration to write you to attend the picnic at Hyde Park on that day, and also the ball at Firemen's Hall on the night of San Jacinto Day. Respectfully, Henry F. Brown Secretary of the Committee. Invitation accepted Alderman Morris moved that the invitation be accepted with thanks; Adopted. City Cemetery. A communication was received from the Ladies' Cemetery Association requesting information as to the duties of the City Sexton, and also asking permission to remove unsightly, rotten pailings, etc, and to use the city carts to remove rubbish. Referred to the Cemetery Committee. Communication from John Dowell as Atty for R. A. Flum A communication was received from John Dowellattorney for R. A. Flum and L. A. Brush, attorney concerning a judgment of R. A. Flum against the city for $350. with interest on the same at 8% per ann and annum, since the 21st day of September 1891. It was referred to the Committee on Claims and accounts and on motion of Alderman Morris the City attorney was instructed to proceed with the appeal in this case. Pet- from Walton & Calhoun att'ys for J. D. Peterson. A petition was received from Walton & Calhounattorneys for J. D. Peterson, requesting the Council to refund pound fees recently paid by said Peterson. It was referred to the Committee on Claims and accounts. Pet- from J. M. Brass By Alderman Miller: A petition from J. M. Brass requesting the Council to have the alley in block No. 63 located and opened. It was referred to the Street Committee. Pet of citizens & Taxpayers to construct bridge By Alderman Hirshke: A petition of citizens and taxpayers of the City asking the City Council to take such action immediately as will result in the building at an early day of a durable bridge of iron or stone over and across Waller Creek at the intersection of Neches and East Nineteenth streets. It was referred to the StreetCommittee. Pet from M. Butler to open alley By Alderman Anderson: A petition from M. Butler requesting the Council to have the alley in block No. 67 opened. It was referred to the Street committee. --- Page break --- 301 Reports of City Officers Estimate of cost of widening Bridge By The City Engineer: Estimate of the cost of widening arch bridge over Little Shoal creek at the intersection of Nueces and Ninth streets. Total cost $807.45 Reports of Commitees Com Rep to widening Bridge By Alderman Nueve, for the Street Committee, a verbal report recommending the widening of the bridge over Little Shoal creek at the intersection of Nueces and Ninth street. Laid over. Alderman Schneider and Sutor entered the Council and answered to their names. Alderman Townsend presented the following report: Austin, Texas, April 18. 1892. Hon. John McDonald, Mayor, and Board of Aldermen of the City of Austin; Rept of Police Com on Officer Sam Platt Gentlemen - At the request of City Marshal Lucy your Police Committee have had under investigation the conduct of Officer Sam. Platt in the arrest of Mr J. D. Peterson, and beg leave to report that we find from the evidence hereto attached that officer Platt acted very improper and without authority in the discharge of what he conceived to be his duty. Mr Peterson was violating a city ordinance, It may be the duty of the police officer to file complaint and have the matter determined by the proper authority upon proper inquiry. It is not proper for a police officer to constitute himself a Tribunal to impose and inflict the penalty, and as we understand it the impounding of the animal was no part of the penalty authorized for the violation of the ordinance in question. We believe it is the duty of the police of the city to pre-serve the peace and not to commit a breach of it. In striking Mr Peterson with his club and pistol, while he was not resisting arrest, we submit the officer committed a breach of the peace which is reprehensible and should not be tolerated. The circumstances as they appear from the testimony attending the matter were such as doubtless to aggravate Mr Platt under his misapprehension of what his duty was at the time, and we therefore conclude that he is entitled to be excused thereby, but we submit a proper apprehension of his authority and duty should be impressed upon his mind by a suitable reprimand and instructions by the City Marshal or Mayor so that he may not in the future yield to provocation by language which may --- Page break --- 302 not comport with his feelings, and exceed his authority as in this case. It may not be improper for your committee to say, that Mr Platt has always theretofore borne the reputation of a careful and efficient officer. Respectfully submitted, A. W. Townsend Jno. P. Shelley J. P. Schneider Police Committee. Rept adopted The report was adopted by the following vote: Yeas—Aldermen Assmaun, Clark, Graham, Warner, Ketchum, Linss, Miller, Morris, Newton, Fritsch, North, Schneider, Schuber, Shelley, Townsend, Warmoth, Weyerman—17. Nays—Aldermen Anderson, Jackson, Sutton, Ziller.—4. Revered Alderman Platt Rept-of Com on C & A on Mrs S. G. Kenney's claim. Alderman Shelley submitted the following report to the council: Your committee on Claims and Accounts, to whom was referred the claim of Mrs S. G. Kenney for damages to buggy by reason of defective culvert, having investigated the same, beg leave to report that we find the damages, which as claimed, amounted to $12. and believing the city is liable for such damages, we recommend that the same be allowed. Rept adopted The report was adopted. Rept-of Com on C & A on Miss DuPre's claim. Alderman Shelley presented the following report to the Council: Your Committee on Claims and Accounts to whom was referred the complaint of Miss DuPre that her city Taxes for 1891 are excessive, and asking that the same be reduced, have had the matter under investigation, and beg leave to report that we find the valuation of her property upon which the tax complained of is based, was fixed by Miss DuPre, and while the valuation is somewhat in excess of that of other property adjacent, the difference is not such as in the judgment of your committee would justify the Council in reversing the action of the Board of equalization. Rept- adopted. The report was adopted. Rept of Com on C & A on Pet of C. Hofheinz Alderman Shelley also made the following report to the Council, Your Committee on Claims and Accounts to whom was referred the petition of Chas Hofheinz et. al. citizens of the Seventh Ward, asking that certain Pond fees be refunded, have had the same under investigation, and beg leave to --- Page break --- 303 report that we find the animals mentioned were properly impounded, and therefore recommend that the petition be not granted. The report was adopted. Rept adopted Majority Rept of Ord Com on reduction of speed of Rapid Transit Ry. Alderman North introduced the following report Your committee on ordinances to whom was referred the accompanying resolution having in view the reduction of the Speed of the Rapid Transit Ry beg leave to report that they recommend that it do not pass for the following reasons 1 Section 8 of the Rapid Transit ordinance limits the Speed to ten miles on Streets and four miles around corners We believe this to be reasonable and it is less than in other large cities 2 We believe that the people want rapid transit and would be sorry to see the creeping speed of our late lamented mule cars re established 3 We believe that the fear of actions for damages at the hands of enterprising limbs of the law is a more wholesome regulation than any regulation by ordinance 4 We believe that the whole country Austin included is already suffering from too much regulation. The report was adopted. Rept. Adopted Rept of Ord Com on Storage of Dynamite Gunpowder etc. Alderman North presented the following report to the Council Your Committee on Ordinances to whom was referred the accompanying resolution on the enforcement of the gunpowder ordinance beg leave to report that they recommend that it do pass The report was adopted. Rept- Adopted Majority Rept- of Ord Com on Creation of a Board of Street Commissioners Alderman Groth for a majority of the committee on ordinances to whom was referred a resolution looking to the creation of a board of street and sewer commis-sioners submitted a report thereon recommending that the same do not pass for the following reasons 1 We believe that the provisions of the city charter permitting the creation of such a board have in view a General System of improvement. 2 During the construction of our dam and the resulting heavy losses it would be a hardship on tax payers to spend more than is needed to keep our streets in good condition and we have no money now to spend on new undertakings --- Page break --- 304 I Such a board in order to command the respect of our people should be composed of prominent citizens Such a body of men could not be expected to interest themselves in the routine of filling the ordinary holes in our streets After this work we believe the present system to be efficient (signed) North and Morris Minority rept of Ord Com by Alderman Platt. on an creating Board of Trust named Commissioners Mr Alderman Platt. A. Minority report on the above resolution, It states, "That in my judgement the election of the Commissioners under the ordinance would reflect great credit on this body and the city would get the benefit of their judgement and experience in all matters of street and sewer improvements which involve an expenditure of one half of the revenue of the City; I am of the opinion it would give more general satisfaction to citizens There is now and no doubt will be in the near future many questions of great importance involving diversity of opinion and interest that might be brought before such a board. I therefore recommend that the ordinance do pass.” On Motion the majority report was adopted. Unfinished Business The following resolution which was introduced at the Res City Marshal to last regular meeting of the City Council was read and enforce ord limiting adopted storage of gunpowder A resolution directing the City Marshall to enforce the etc. ordinance limiting the storage of powder in the City limits Be it resolved by the City Council of the City of Austin that the City Marshal be and is hereby directed to enforce the ordinance limiting the storage of dynamite, powder, etc. in the city limits That he notify all parties now violating above ordinance to comply with same at once as they the said parties have had an abundance of time to comply with said ordinance” New Business Ord appropriating $810 By Alderman Morris- An ordinance making for Bridge on W 9th st An appropriation of $810 for the purpose of widening the bridge on west Ninth street. 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 both of which were adopted by a vote of two thirds of the whole Council The ordinance was accordingly read on motion passed by the following vote Yeas Aldermen. Andersen, Pressman, Glass, Jno Hann, Slavins, Jackson, Keleher, Linn, Miller, Morris, Newsom, Wilder, Platt, Schneider, Schuber, Shelly, Townsend Mamuth. Ziller - 19 --- Page break --- 305 Hays Alderman North, Salor. Meyermen. - 5 (Alderman Salor was excused from further attendance upon the session. Res to Police South Austin By Alderman Ketchum. A resolution instructing the City Marshal to place a policeman on duty in the eleventh ward at 3 P.M and keep him on duty until 12 o'clock at nighteach and every day and that the said policeman be required to patrol Congress Avenue principally between Colorado bridge and the south limits of the City Adopted. Ord appropriating $601.87 By Alderman Morris. An ordinance appropriating the to pay approved accts sum of $601.87 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, Asmann, Glass Graham, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke North, Ort, Schuber, Shelley, Townsend, Warmoth, Meyermen, Ziller - 19 Nays. Aldermen None Res extending time for By Alderman Linn. A resolution extending the time removing slaughterhouses for the removal of slaughter houses from the City limits until January 1. 1893. It was referred to the Committee on sanitation and sewerage Res to increase Police By Alderman Ketchum. Resolved that the police force force of the City of Austin be increased two men and that we proceed to elect the same under the regular order for elections It was referred to the committee on police Motion to fix time for Alderman North moved that until further notice council to meet the regular meetings of the City Council shall begin at 8.30 P M Carried Motion instructing Alderman North Moved that the City Clerk be City Clerk to notify instructed to mail Postal Cards to all members of Aldermen committees of the City Council in advance of the first regular meeting in each month, calling their attention to bills on file in his office awaiting approval. Adopted. The Council then adjourned Milton Morris, City Clerk