424 Minutes of a Regular Meeting of the City Council. Austin, Texas, Jan. 2. 1898. Hon. John McDonald, Mayor, presiding. Roll Call Present Aldermen Anderson, Geo. Dawson, Present Glass, Hancock, Nieme, Jackson, Ketchum, Lund, Miller, Nitschke, North, Platt, Powell, Raymond, Schneider, Shelley, Taylor, Townsend, Warmoth, – 21. Absent Aldermen Schuler, – 1. Absent Alderman Anderson moved that Mr. Neil McEachin, be requested to serve as City Clerk pro tempore, from attendance upon the City Council to enable him to complete the general appropriation ordinance. The motion was adopted and complied with. Minutes adopted The minutes of the meetings of the City Council which were held on the 17th and 29th days of December 1897, were adopted as printed. Petitions &c. The following petitions, memorials, &c. were introPetitions &c. -duced: Jas. H. Robertson From James H. Robertson requesting permission to set a new fence about three feet south of the north line of Fence on Lot #5, Blk. 98. Lot No. 5, in Block 98, City of Austin, near the brick wall on his property, the fence to be on land belonging to the City. Granted. 1st Ward By Alderman Powell: A petition of citizens of the 1st Ward asking that a street be opened so as to give the citizens who reside along the south side of To open St. almost the N. side the International & Great Northern Railroad, west of B. & G. N. R. R. and near the water tank a more direct means of reaching the central portion of the city. It was referred to the Street Committee. By Alderman Warmoth: A petition of citizens requesting East 9th the City Council to open East Ninth Street. For opening It was referred to the Street Committee. By Alderman Nieme: A petition from citizens residing 6th Ward in the northwestern portion of the Sixth Ward asking the City Council to do the following named street work: Street work from S. gate To grade and drain which is known as Gay Lum Lunatic Asylum Park—Park Avenue, from the south gate to the Lunatic Asylum to Blake St. Park, from the intersection with Blake Street. to King St. To grade and drain Blake Street easterly to its to 30th St. intersection with King Street; thence grade and drain King Street southerly to its intersection with ThirtyThird Street; thence Thirty-third Street to its intersection with the Street which is located the Rapid Transit railway. It was referred to the Street Committee. Alderman Schuler entered the Council and answered to his name. By Alderman Platt: A petition from citizens of the --- Page break --- 425 East 7th Street Petition of T. Howard requesting the City Council to build a stone bridge across Waller creek on East Seventh Street, Do Bridges Hallen Hill and cut down the hill to a grade opposite of Marys Academy and The Episcopal church, and also the hill south of Waller creek on Seventh Street so as to make the street of easy travel. It was referred to the Street Committee. Doico Bros Alderman Platt: A Petition from Doices Bros. which states that owing to a drain pipe having been placed Damages to their lot by the Street Commissioners on the side walk of East E. 6th St. Tararota and East Sixth Street, the water washes into their lot and damages the foundations of their building. The Council is requested to grant relief at once. It was referred to the Street Committee. Henry Orsay By Alderman Nitschke: A communication from Henry Orsay stating that he intends to place improvements on lots Orsay 1 and 2, block 3, outlot 1, division B, through as to opening 8.9th Street which East Ninth Street will run, if such is opened as has been suggested, and states that he gives this notice “so that in the event of a purchase by the city of said property for Street purposes, there will be no question raised as to higher valuations when improved than this today; and the question of purchase should be decided without unnecessary delay.” It was referred to the Street Committee. Police Force increased By Alderman Lunn: A numerously signed Petition of citizens requesting an increase of the police force so that the portion of the city north of the capital may have some police protection, which at present it has not. Alderman Lunn moved that the Petition be granted and the motion prevailed by the following vote: Yeas – Aldermen Anderson, Brown, Class, Jackson, Lunn, Miller, Nitschke, Powell, Raymond, Shelley, Taylor, Townsend – 12. Nays – Aldermen Hossmann, Dawson, Hawes, Hawke, Ketchum, North, Platt, Schneider, Schubert, Turner, Warnock – 15. Regular order of business moved that the regular order of business be with. dispensed with and that the Council proceed to the election of one Policeman. Election The motion prevailed by the following vote: Yeas – Aldermen Anderson, Dawson, Hosser, Glass, Hawes, Jackson, Lunn, Miller, Powell, Raymon, Schneider, Shelley, Taylor, Townsend, Warnock – 15. Nays – Aldermen Hossmann, Nume, Ketchum, Nitschke, North, Platt, Schubert – 7. Poll. The chair then appointed Aldermen, North, Anderson, and Shelley as tellers and announced that Nominations. nominations were in order; Alderman Raymond, nominated F. L. S. Davis, and Alderman Hossmann nominated A. D. Bell. Nominations were then declared closed and ballots were cast. --- Page break --- 426 were cast and canvassed, and The result thereof was reported by the tellers as follows: Yr. L. Davis received 15 votes. L. D. [illegible] received 7. votes. Mr. L. Davis was then declared duly elected a policeman for the city for the ensuing term. The regular order of business was then resumed. Water and Light System. The following was read: Office of The Board of Public Works, } Dec. 31. 1892. } Hon, Mayor and City Council, Austin, Texas: Gentlemen – I have the honor to inform you that the James Waterston proposition of Mr. James Waterston to build the foun-dation walls of the power house to the 15ft. 9 – 19-in. elevation above Zero at $1.15 per cubic yard for granite Dobner Power house masonry and $1.00 per cubic yard for lime stone masonry walls re. was accepted by The Board of Public Works at a mee-ting held on Nov. 21. 1892, and on motion the City Council was requested to enter into contract with Mr. Waterston, you same, as appears in the minutes of said meeting. Very respectfully, (Signed) N. L. Dobbant Secretary of Public Works. It was moved and adopted that the Mayor be authorized to enter into the contract according to the recom- -mendation of the Board of Public Works. Report City Officers. Reports of City Officers for the month of December 1892. By City Assessor and Collector. Total collections # 9. 153. 54 Divided as follows: Assessor & Collector General revenue # 4. 991. 42 Water works interest and sinking funds 2 457. 48 School bonds issued prior to May 1. 1890. 319. 21 ___________ 391. 48 Total #9. 153. 54 Referred to the Finance Committee. City Clerk. By The City Clerk. A statement of warrants issued against the general revenue: Salaries of Officers $ 1. 141. 67 Police 1. 208. 06 Sanitary department 274. 50 City Cemetery 38. 92 Fire department 650. 00 Drivers of City teams etc. 400. 00 Prosecuting Prisoners 26. 25 Charity 31. 49 City and county hospital 436. 27 --- Page break --- 427 Reports City Officers Printing, stationery and postage Streets, bridges and alleys Miscellaneous Total Referred to the Finance Committee. City Clerk - By Check of warrants issued to the water and Light Fund: Engineering department Bernard & Corrigan James Waters &c Other expenses Total Referred to the Finance Committee. City Treasurer By the Balances on hand January 2nd 1893: General Fund Water and Light Fund Contingent Building Fund Referred to the Finance Committee. Secy Bd Public Works By the Secretary of the Board of Public WorksAn itemized statement of bills and accounts approved by the Board of Public Works during the month of December 1892: Total of accounts approved Referred to the Water and Light Committee. City Marshal By the City Marshal Total amount of fines assessed in the Recorders Court Collected in cash Fines in Recorders Court Forfeited Escapes New trial and acquitted Brought Forward Total Poundage fees collected Dog fines collected Total number of arrests made, 83. Referred to the Police Committee. City Physician By the City Physician: Number of patients in hospital December 1. " " admitted to hospital during December " " discharged from hospital during December " " remaining in hospital January 1, 1893. Report for Dec 1892 ": Visits made to paupers in city in December " " prescriptions written for paupers in the " " city during December " " cases of diphtheria reported in city in December No other contagious or infectious diseases reported. The general health of the city continues remarkably good. The 4 4 70.48 319.75 687.06 $5. 293. 89 $ 883.34 16.905.99 5.461.90 2.574.10 $ 25. 825.33 $ 554.66 304.694.14 1.608.84 $25.823.15 $690.00 $310.50 181.50 12.00 30.00 186.00 $690.00 41.25 54.25 17 11 4 19 59 104 3 --- Page break --- 428 Reports of City Officers good for this season of the year. Referred to the Hospital Committee. City Sexton By the City Sexton: Total number of deaths, 16. White, 12; colored, 4; Mexican, 2; Male 14; female, 4. Referred to Cemetery Committee. Engineer Groves By Engineer Groves: The report of the progress made upon the construction Progress of work on New City Hall of the New City Hall during the month of December. It was referred to the Water and Light Committee. Engineer Werens Kiode By Engineer Werens Kiode Report of the progress made in excavating for Progress of work on Power house etc. Power house, etc, during the month of December. It was referred to the Water and Light Committee. Committee Reports Reports of Committee. Police Committee Alderman Townsend for the Police Committee to whom was referred the City Marshals reports for the month of November 1894, submitted reports thereon, Marshals report for Nov 1894 which stated that the Marshals reports were examined and found to be correct. The reports of the committee were adopted. New Business Committee on purchases Alderman North – A resolution authorizing to advertise the Committee on Purchases to advertise for bids for supplying the city with Sewer Pipe, from January 16 to the end of this fiscal year and Brick from January 16 to June 1st 1895. Also for shoeing the City's mules from January 16 to the end of this fiscal year. Adopted. Dred Störzing Alderman Anderson moved that Mr. Dred Störzing be granted leave of absence for about three weeks, Leave of absence. and the motion was adopted. Committee on Printing By Alderman Ketchum: to advertise A resolution authorizing and directing the Committee on Printing to advertise for bids for doing the city's Newspaper and job printing from January 16 to December 1. 1895. Carried. $280. for the By Alderman Schneider: Appropriation A resolution appropriating the sum of $280. for the Purpose of repairing the fire headquarters overpassed by Austin Hook and Ladder Company, Said Colorado Iron Company to be read the first time, after which motions were --- Page break --- 429 made to suspend the rules and place the ordinance on its second and third readings and that it do now pass, each of which were adopted by the following vote: Yeas – Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Newcock, Numa, Jackson, Ketchum, Linn, Miller, Nitschke, North, Platt, Powell, Raymond, Schneider, Schubert, Shelley, Taylor, Townsend, Warmoth – 22. Alderman Anderson: The ordinance appropriating the sum of $19.038.98 for the purpose of paying certain expenses connected with the construction of the waterworks and electric light system for the City of Austin. 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 now pass, each of which were adopted by the following vote: Yeas – Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Newcock, Numa, Jackson, Ketchum, Linn, Miller, Nitschke, North, Platt, Powell, Raymond, Schneider, Schubert, Shelley, Taylor, Townsend, Warmoth – 22. Alderman Shelley was excused from further attendance upon the session. Alderman Linn: The ordinance appropriating the sum of $2.166.90 for the approval of sundry 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 now pass, each of which were adopted by the following vote: Yeas – Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Newcock, Numa, Jackson, Ketchum, Linn, Miller, Nitschke, North, Platt, Powell, Raymond, Schneider, Taylor, Townsend, Warmoth – 20 Nay – Alderman Schneider. Alderman Linn: The ordinance prohibiting the riding on bicycles, tricycles and velocipedes on the sidewalks of the City of Austin. It was read the first time, after which a motion was made to suspend the rules and place the ordinance on its second reading, which prevailed on the following vote: Yeas – Aldermen Anderson, Assmann, Fischer, Newcock, Numa, Jackson, Linn, Miller, Nitschke, North, Platt, Powell, Raymond, Schneider, Schubert, Taylor, Townsend, Warmoth – 18. Nays – Aldermen Dawson, Glass, Ketchum – 3. The ordinance was accordingly read, after which Alderman Ketchum moved to amend Section 1. of --- Page break --- The same by striking out the following words: "Provided, that this ordinance shall not apply to infants under the age of ten years." The amendment was lost after which a motion was made to suspend the rules and place the ordinance on its third reading, which was adopted by the following vote: Yeas - Aldermen Anderson, Amman, Discher, Nancoch, Nume, Jackson, Ketchum, Linn, Miller, Nitschke, Forth, Platt, Powell, Raymond, Schneider, Schubert, Traylor, Townend, Warmouth - 19. Nays - Aldermen, Dawson, Glass - 2. That ordinance was accordingly read, and on motion passed, By Alderman Nitschke: Resolution Resolution Whereas, Section 56 of the present charter of our To amend Sec 56. & 71. city reads as follows: V. 9. of City Charter. Section 56. That the City Council shall elect on the nomination of the Mayor, or on any Alderman, all officers of the City except the Mayor & Aldermen, and the Board of School Trustees. The election of said officers of the city to be elected by the City Council, shall be at the first regular meeting or on a called meeting for that purpose, after the general election of the Mayor, or at any time thereafter, Provided, no election of officers by the Council shall occur until after the time for filing contests for elections of Aldermen, as provided for in this act, shall have expired or until contests have been waived as provided for in this act, and not until after the termination of any contests of election of Aldermen. And Section 71. of Said charter reads as follows: "Section 71. That there shall be a City Marshal, a City Clerk, a City Attorney, a City Assessor and Collector a City Physician, a Treasurer, a Recorder, a City Engineer, and a Superintendent of Streets, and such other officers, agents and employes of the City as may be now or hereafter provided for by the City Council by ordinance. The terms of office for mentioned in this act, shall be for two years from the First Monday in December of the year of their Election. They shall be elected by the City Council, as soon as may be, after the first Monday in December, every two years. They shall hold their offices until their respective successors are elected and qualified. And Whereas, The provisions in said two sections contained are wholly [illegible] much to a subversion of the [illegible] principles of "You govern more" as that they are[illegible] upon the "Youth Thousand" voters in our city [illegible] upon us the election of all the men who [illegible] at once the causes and manage the - --- Page break --- Amendments to Sec's affairs of our People, and at whose will they are 56.71. & 9. of City Charter. controlled and by whose acts They are bound, and to place the same in the hands of twenty-three, and at least of twelve men, who compose our City Council, or a majority of the same, therefore, Be it Resolved by the City Council of the City of Austin: 1st That that Section 71. of this Charter, and Sections 56 and 71 should be so amended as to read as follows: "Section 56. That the City Council shall elect, on the nomination of the Mayor or an Alderman all officers, agents and employees of the City, except the Mayor, Aldermen 10 Ward of whose Trustees and other city officers agents and employees made elective by the qualified voters of the City by the provisions of Section 71 of this act as amended. The election of all such officers, agents and employees of the city to be elected by the City Council shall be held at its first regular meeting, or at any called meeting for that purpose, after each regular biennial election of the Mayor or at any time The election of no election of officers, agents or employees of the City by the City Council shall occur until after the time for filing contests of elections of the Mayor Aldermen or other officers, agents or employees of the City, as provided for in Section 9. of this act as amended, shall have expired, or until contests have been waived, as provided for in said Section, and not until after the termination of all contests of election of the Mayor and Aldermen. Section 71. That there shall be a City Marshal, a City Clerk, a City Attorney, a City Assessor and Collector, a City Physician, a City Treasurer, a City Recorder, a City Engineer, a City Superintendant of Streets, and such other officers, agents and employees of the city as may be now or hereafter provided for by the City Council by ordinance, all of whom (except the City Clerk (who shall be elected by the City Council) ) shall be elected by the qualified voters of the city at each regular Biennial election of the Mayor The first such election thereof to occur on the first Monday in December 1893. The term of office of the officers, agents and employees of the City mentioned in this Section to amended, shall be for two years from the first Monday in December of the year of their election, and they shall hold their respective offices until their suc-cessors are elected and qualified. 2nd. That whereas said amendments, if carried out, will necessitate an amendment of Section 9. of said charter as to confer upon the City Council jurisdiction to canvass the election and qualification of all the additional officers, agents and employees of the City made elective by the qualified voters of the city by the provisions of said --- Page break --- 432 Amendments proposed Section 71. to Dect 56.7119. elections of the City Charter reads as as amended, and determine contests of the same, that said section 9, which now reads as follows: "Section 9. That the City Council shall be the judge of the election and qualification of its members, and shall determine contested elections of all city officers made elective under this act, in such manner as may be provided by ordi-nance; provided, that no Alderman or the Mayor shall be allowed to qualify or re-qualify, to succeeds himself in office, until a session of the City Council to be held on or after the Saturday next succeeding the election, which shall in all cases occur on Monday, unless his opponent in the election or all opponents, if more than one, shall sooner file a statement with the City Clerk that he or they will not contest the election of his or their opponents, naming them. And prior to the time for installing such newly elected mayor or alderman, if a contest of his election is filed in writing with the City Clerk, stating the grounds for the contest, he shall not be installed until such contest is determined nor shall the Council elect the other city officers until such contests are de-termined; Provided, that all contested elections shall be decided within fifteen days from the date of the election. Should it fail to read as follows: Section 9. That the City Council shall be the judge of the election and qualification of and shall de-termine contested elections of its members and of all city officers, agents and employees made elective by the qualified voters of the city by the provisions of Section 71 of this act as amended, in such manner as shall hereafter be provided by or-dinance; Provided, that no mayor, alderman, nor city officer, agent or employee made elect-ive shall be allowed to qualify or re-qualify, to succeeds himself in office, until a session of the City Council, to be held on or after the Saturday next succeeding the election, which shall in all cases occur on Monday, unless his opponent or opponents if more than one, shall sooner file a statement in writing with the City Clerk that he or they will not contest the election of his or their opponent or oppo-nents, naming him or them. And prior to the time -for installing such newly elected mayor, alderman, in any ward or employee made elective, if a contest of his election made in writing and verified by the oath of the contestant upon information and belief is filed with the City Clerk stating the grounds for the contest, he shall not be installed until such contest is determined, nor shall the City --- Page break --- 433 Amendments proposed to Sec's, 56. 71. & 79. be elect any officer, agent or employee to City Charter. elections &c by the City Council. And all contests of provided that the Mayor or Aldermen are determined? Aldermen shall be determined within fifteen days after the date of the election. 3rd. That whereas the Legislature, to which are proposed amendments to said charter must be submitted after the length of advertisement required by law, is about to canvass, auds if said amendments are not passed by the same on the ensuing election of all officers, agents and employees, proposed by said Legislative by the qual -ified voters of the City on the first Monday in Decem-ber, 1893. And every two years thereafter, will again on that date be made by the Council under the said Section 71 of said Charter as now in force, whose terms of office, under said Section 71 would last for beyond the meeting of the Legislature of 1895; it is necessary that speedy action be taken by the Council upon this resolution. It is therefore ordered by the Council that this resolution be referred to the Committee on Ordinances with instructions to report the same back for action by the Council at an adjourned meeting of the 8 o'clock p m, on Monday, January 9th 1893, and the City Attorney is hereby directed to attend the meeting of said Committee for consultation with them, so that the proper and legal provisions may be incorporated in their report, and all requisite that steps be taken, to make said proposed amendments effective and all laws in conflict therewith to be repealed. Alderman Anderson moved to lay the resolution on the table. The motion was lost by the following vote: Yeas — Aldermen Anderson, Baumann, Gochen, Hemmel Ketchum, Kruse, Luine, North, Schubert, Simon, Townsend – 10. Nays — Aldermen Dawson, Hays, Navarck, Jackson, Miller, Nieschke, Platt, Poiver, Ray, Smith, Schneider Taylor – 11. Referred to Ordinance Alderman Nieschke moved to refer the resolution to Committee – the Ordinance Committee with instructions to report on it as early as practicable. Alderman Luine moved as a substitute that the resolu-tion be referred to the Ordinance Committee with instructions to report on it at the next regular meeting of the City Council. The substitute was adopted and the Council adjourned. Milton Manig City Clerk.