457 Minutes of a Regular Meeting of the City Council Austin, Texas, February 20. 1893. Hon. John McDonald, Mayor, presiding. Roll Call Roll Call, Present – Aldermen Anderson, Dawson, Glass, Lewis, Nitschke, North, Platt, Powell, Raymond, Shelley, Taylor. – 11 – Absent – Aldermen Assmann, Fischer, Nancek, Nunea, Jackson, Ketchum, Miller, Schneider, Schuber, Townsend, Warmoth – 11 Call Alderman Platt moved a call of the Council which was duly seconded and adopted. Alderman Anderson moved that the Council take a recess of ten minutes. Carried. After expiration of recess the call of the Council was sus-pended. 2nd Role call The role was again called and resulted as follows: Present – Aldermen Anderson, Dawson, Fischer, Glass, Nancek, Jackson, Lewis, Nitschke, North, Platt, Powell, Raymond, Schneider, Shelley, Taylor, Townsend, Warmoth – 17. Absent – Aldermen Assmann, Nunea, Ketchum, Miller, Schuber – 5. The Minutes of the meeting of the City Council which was held on the 6th day of February, 1893 were adopted as printed. Petitions, Memorials etc. Petitions &c. Wm. Brueggerhoff By Alderman Lewis – A petition from Wm Bruegfor -gerhoff, agent of the Krohn estate, stating that the Krohn Estate. Board of Appraisers of the City of Austin for the year rebate on assessment 1893, raised the valuation of lot No 1. and South ½ of lot No 2. in block 124 from $10.000 to $13.000. which he claims is unjust in view of the fact that adjoining property is assessed at a much lower rate. He asks the Council to grant a rebate on the amount of raised assessment and to make an order granting his petition to leave the assessment at $10.000. Referred to the Committee on Claims and Accounts. Alderman Schuber entered the Council and answered to his name. By Alderman Miller – A petition of citizens asking Street north of Blind the Council to have the street north of the Blind Institute Institute to be graded known as the extension of East Avenue, properly graded and improved. Referred to the Street committee. Reports of City Officers City Engineer By the City Engineer – A report showing the following encroachments on Congress --- Page break --- 458 Encroachments on Cong. Avenue in the Eleventh ward Are. The improvements of A N. Schneider, who owns lot No 4 in block No 3d of the original Swisher addition. W. N. Schneider encroaches on the Avenue 42 feet, and 6 inches on his south line, and 43 feet and 8 inches on his north line. H. Turner H. Turner, who owns lot No 1 in block No 3, encroaches on the Avenue 42 feet and 9 inches on his south line and 42 feet and 8 inches on his north line. The property J. D. Brackenridge of Maj J. D. Brackenridge on the west side of Congress Avenue and north of Bouldin creek encroaches on the Avenue with a frame house 23 feet and with the frame building used as a blacksmith shop on the Avenue 28 feet and 2 inches. A small round top or lumber frame building encroaches on the Avenue 26 feet and 12 inches. The rock building at the intersection of the Barton creek road owned by J. D. Brackenridge encroaches on the Avenue 8 feet and 4 inches and the gallery of the same encroaches on said avenue 20 feet and 6 inches. Alderman Linn moved that the report be received and filed. The report was adopted. Alderman Anderson moved that the city engineer be instructed to notify the above named persons of the same encroachments and to show them their corner lines. Carried. Alderman Nune Alderman Nune entered the Council and answered present. to his name. Reports of Committees. Finance Committee Alderman Linn, for the finance committee, to whom Estimate of Expen- was referred the following: "An estimate of the probses and income -able income from all sources which will be collected for the general fund during the present fiscal year, and of the expenditures to pay salaries and wages of officers and regular employees, and of the amount required to meet the other ordinary expenses of the City government, not including work on Streets and bridges for other public improvements. Income Income From assessment roll of 1892. $ 82,600.00 " License Tax 11,000.00 " Pound fees 500.00 " Ground rents 300.00 " Hospital 1,750.00 " Recorders Court 3,500.00 " Miscellaneous 500.00 " taxes of 1891 and prior years 3,000.00 Total $ 103,000.00 --- Page break --- Expenses 459 Expenses. Salaries of Officers $13,600.00 Salaries of Policemen 14,230.00 City Cemetery 275.00 Fire department 7,300.00 Sanitary department 3,665.00 Meals for city prisoners 750.00 Street lights 6,200.00 Printing, Stationery and Postage 2,040.00 City and County Hospital 4,396.00 Revisers fee 4,560.00 Feeds for Teams 1,409.00 Water 13,257.00 Charity 1,238.00 Assistance for Assessor and Collector 900.00 Attorneys fees per contract 3,333.36 Miscellaneous Records 8,000.00 Total $83,353.36 Balance $17,646.64 submitted a report thereon, recommending the adoption of the same. Alderman Stroth moved the adoption of the report of the committee and the estimate. Carried Alderman Lewis for the Finance committee, to whom was referred an ordinance appropriating the sum of $2500.00 to reimburse Travis County one half of the cost of the bridges built by said county across Boulder Creek, offered a report thereon recommending the passage of the same. The report was adopted. Alderman Miller entered the council and answered to his name. Alderman Nummy for the Street committee to whom was referred a petition of citizens asking the council to drain and grade that portion of Twenty-Fourth Street which is between Shoal Creek and Waller Creek, presented a report thereon which recommends the immediate draining of said street, and the grading of the same, or that it may at some future time, when the finances of the city shall justify the expenditure, be graded. A motion was made to accept the report, which was lost by the following vote: Yeas - Alderman Anderson, Clawson, Nummy, Jackson Loch, Miller, Stroth, Raymond, & Taylor Townsend 10. Nays - Alderman Fisher, Lewis, Nitscheke, Miller, Platt, Powell, Schneider, Shuler, Whiley, Hanusick Mayor - 11. Alderman Lewis, for the Finance committee to whom was referred, an ordinance appropriating $3,000, to build a bridge over Waller creek on East Eleventh Street presented a report thereon recommending that the ordinance do not pass "for the finances of the city were not justify the expenditure of the continued treasury to [Text in left margin, aligned with corresponding paragraphs:] $2500.00 to reimburse Travis Co for cost of bridges 24th Street to grade & drain Lots. '2000 to build bridges E. 11th str --- Page break --- 460 construct the bridge" Alderman Ketchum entered the council and answered Present. to his name. Alderman Numa for a minority of the steel committee to whom the last above named ordinance was re-com-mitted to find to report thereon opposing the passage of the same for the following reasons: The cost, of a stone structure across said stream at the place designated that will be at all adequate to the demands of the traffic E. 7th et al. concerning bridge across the same, on good economy to construct, will be not less than $2500, while the approaches to the same will cost from $600 to 800. During the last fiscal year the city expended for maintaining streets and bridges the sum of $20,769.32. The appropriation for such purposes, including extras of all kinds for the present year, is $17,646.64, of which amount there has now expended for work done and to be done about $4,000 leaving a balance of $13,646.64 for the remainder of the year. Under the circumstances we do not believe the necessity for said bridge to be so urgent as to demand the expenditure. Alderman Nitschke for a majority of the street committee, submitted a report recommending the passage of the ordinance. Alderman Luis moved to substitute the minority re-port of the street committee for the majority report, which was lost by the following vote: Yeas - Aldermen Anderson, Nuye, Luis, North, Powell, Raymond, Schneider, Shelley, Taylor, Townsend - 10. Nays - Aldermen Dawson, Disosher, Glass, Naresack, Jackson, Ketchum, Miller, Nitschke, Platt, Schuber, Warmoth - 11. Alderman Platt then moved the adoption of the majority report, which was agreed to by the following vote: Yeas - Aldermen Dawson, Disosher, Glass, Naresack, Jackson, Ketchum, Miller, Nitschke, Platt, Schuber, Warmoth - 11. Nays - Aldermen Anderson, Nuye, Luis, North, Powell, Raymond, Schneider, Shelley, Taylor, Townsend - 10. $300, for bridge over Boudain branch Alderman Numa, for the street committee, to whom was referred an ordinance appropriating $300 for the purpose of building a bridge across Boudain branch at the northwest corner of the deaf and dumb in-stitute, offered a report thereon recommending the passage of the same. The report was adopted. Alderman Numa, for the street committee, to whom was referred a petition of citizens relative to the grade and dusty condition of Rush avenue, between Fourth and Sixth streets presented a report thereon which states While we consider the condition of the street, as outrageous --- Page break --- 461 E. Avenue bet. 4th & 6th sts - and inconvenience to people living on that portion of it yet such result is largely due to the natural formation of that part of the city, and in the condition of city finances we do not believe the city would, at present, be justified in expending an amount in relieving the cause of complaint as would result in any perma-nent or material relief to the petitioners. We therefore recommend that the petition be not granted. The report was adopted. Congress. Ave Bridge & Span to Alderman Lewis, for the finance committee, to whom was referred a resolution reading as follows: "That the Mayor is hereby authorized to advertise for plans and bids for the erection of a new span on the each side of the present bridge at Congress avenue of at least the same capacity and strength of the present span thereby making said bridge of double present strength and capacity," offered a report thereon which states: "Your committee appreciates the necessity for additional bridge facilities across the Colorado river, but in view of the fact that the city has not sufficient funds to con-struct the bridge contemplated in the foregoing resolution, and the further fact that to advertise for plans and bids would occasion considerable expense without any corresponding benefit, we recommend that the resolution be not adopted The further recommends that so much of the resolution relating to the laying of water mains, etc, in the Eleventh ward, be referred to the committee on water and light. Marshals reports no action taken The report was adopted. Alderman Schneider, for the police committee, to whom was referred the City Marshal's reports for the month of December, 1892, presented a report thereon which states that said reports were examined and found correct. No action was taken on the report. H. Lubbock to remit fine Tabled -- Alderman Shelley, for the committee on claims and accounts, to whom was referred a petition from H. Lubbock, requesting the Council to remit a fine which was assessed against him by the Recorder, submitted a report thereon recommending that the petition be granted. Alderman Fritschke moved to lay the report on the table, which was agreed to by a rising vote of 11 to 8. Durst property to H. & T.C. Donnee to cost of opening street -- Alderman Donnee moved that the finance committee be requested to ascertain the cost of land necessary to open a street through the Durst property to the property of H. & T.C. Donnee, and others, who reside on the south side of the International and Great Northern railroad, west of the water tank. carried Unfinished Business An ordinance appropriating the sum of $300.00 --- Page break --- 462 $500. For bridge over Bouldin branch - An ordinance appropriating $500.00 for the purpose of building a bridge across Bouldin branch at the southwest corner of the Asylum grounds was taken up on its second reading and read, after which motions were made to suspend the rules and place the ordinance on its third reading and that it do pass, each of which were adopted by the following vote: Yeas - Aldermen, Anderson, Dawson, Dirscher, Glass, Hancock, Nenne, Jackson, Ketchum, Linn, Miller Nitschke, North, Platt, Porvell, Raymond, Schneider, Schuben, Shelley, Taylor, Townsend, Warmoth - 21. $2500, for bridge over Waller Creek on East Seventh Street An ordinance appropriating $2500.00 to build a bridge over Waller creek on East Seventh Street, was taken up on the second reading and read, after which a motion was made to suspend the rules and place the ordinance on its third reading, which was lost by the following vote: Yeas - Aldermen. Dawson, Dirscher, Glass, Hancock, Jackson, Ketchum, Miller, Nitschke, Platt, Schuben Warmoth - 11. Nays - Aldermen Anderson, Nenne, Linn, North Porvell, Raymond, Schneider, Shelley, Taylor, Townsend - 10. An ordinance appropriating the sum of $2,500.00 to reimburse Travis County one half of the cost of the bridges built by said county across Bouldin and Shoal creeks, was taken up on its second reading and read, after which motions were made to suspend the rules and place the ordinance on its third reading and that it do pass, each of which were adopted by the following vote: Yeas - Aldermen Anderson, Dawson, Dirscher, Glass, Hancock, Nenne, Jackson, Ketchum, Linn, Miller, Nitschke, North, Platt, Porvell, Raymond, Schneider, Schuben, Shelley, Taylor, Townsend, Warmoth - 21. New Business $11,250 on interest on W.W. & E Bonds. By Aldermen Anderson - An ordinance appropriating the sum of $11,250, for the purpose of paying interest on the Water works and electric light bonds of 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 pass, each of which were adopted by the following vote: Yeas - Aldermen, Anderson, Dawson, Dirscher, Glass, Hancock, Nenne, Jackson, Ketchum, Linn, Miller, Nitschke, North, Platt, Porvell, Raymond, Schneider, Schuben, Shelley, Taylor, Townsend, Warmoth - 21. By Aldermen Anderson - An ordinance appropriating the sum of $10,000, for the purpose of paying --- Page break --- 409 Riter & Conley Freight charges on iron work shipped by Riter & Conley, $10,000 to pay freight contractors for penstocks, etc and other charges contcharges -nected with their contract. 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, which motions were adopted by the following vote: Yeas- Aldermen Anderson, Dawson, Fischer, Glass, Hancock, Neeuve, Jackson, Keldam, Lewis, Miller, Nitschke, North, Platt, Porrell, Raymond, Schneider, Schuben, Shelley, Taylor, Towner, & Warmath. - 21. A. J. Hill & P. B. Taylor A communication was received from the Secretary of the on Board of Public works which stated that Mr. A. J. Hill damages to lands to assignee of the estate of P. B. Taylor has proposed to be submerged the board of Public works that the claims against the city for damages to lands belonging to said estate on account of the construction of the dam be adjusted by arbitration, and he has appointed Mr. Isaac P. V. Davis P. V. Davis as the arbitrator on the part of said estate. arbitrator on part That the board of public works, by a motion which of Ex. P. B. Taylor. prevailed at a meeting held on the 20th day of February, 1893, recommended that the City Council accepted Mr. Hill's proposition to arbitrate, and the board further recommended by a unanimous vote Frank M. Maddox the appointment of Mr. Frank M. arbitrator for City Maddox as the arbitrator on the part of the City. Alderman Lewis moved that the Council concur in the recommendations of the board, and that the city attorney be directed to prepare the necessary agreement and that it be duly executed. Alderman Shelley moved to amend the motion by providing that in the event the arbitrators named fail to agree the judge of the Twenty Sixth JudiJudge. 26th Dist. cial District of Texas be authorized to appoint Court as umpire an umpire. The amendment was accepted and the motion as amended prevailed. A communication was received from the Recorder of the Austin fire department requesting the City Council to pay a Capital City Band bill of bill of $36 for services of the Capital City band, ruled $36. for Serv. Creary funeral as stated below, for the following reasons: At the not approved time of his death, Captain Ed. Creary was not an active fireman, but in former years he had been an active and honored member of the department, and was at one time its assistant chief. The services of the band was called into requisition for his funeral by the fire commissioners. The band leading the funeral cortege followed by the firemen on foot, and the members of your honorable body in carriages. Premises consid-ered, and in view of the further fact that your honorable body has paid for the carriages used by you on that occasion from the funds of the city, we were authorized by the fire commissioners to request the payment of this claim from funds taken from the much or this claim from [illegible] --- Page break --- 464 the same source. Alderman North moved that the bills and communication be referred to the Committee on Claims and Accounts Carried. By Alderman Raymond by request - An ordinance to amend section 1, of an ordinance entitled "An OrdArticle 127. Amended - inance to amend Article 127, and to repeal Article & Repealed Art, 137. 137 of the Revised Penal Ordinances 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 was adopted by the following vote: Yeas - Aldermen Anderson, Dawson, Fischer, Glass, Nalle, Nitschke, North, Platt, Porciel, Raymond, Schubert, Shelley, Taylor, Townsend, Warmoth. - 20. Nay - Alderman Schneider. The ordinance was accordingly read, after which Alderman Shelley offered the following amendment as section 2: Section 2. That there be and, is hereby added to the Revised Penal Code of the City of Austin an Article to read as follows: Article 127a hogs & Article 127a. That if the owner, keeper or person in charge of any hog or animal of the swine species shall suffer or knowingly permit such animal to run at large within the present corporate limits of the City of Austin, he shall be deemed guilty of a misdemeanor, and on conviction thereof be fined in a sum not less than five nor more than one hundred dollars for each animal so running at large. The amendment was lost by a rising vote of 10 to 11. A motion was then made to suspend the rules and place the ordinance on its third reading, which was adopted by the following vote: Yeas - Aldermen Anderson, Dawson, Fischer, Glass, Nunn, Jackson, Keleher, Lewis, Miller, Nalle, Nitschke, North, Platt, Porciel, Raymond, Schneider, Schuben, Shelley, Taylor, Townsend, Warmoth. - 21. The ordinance was accordingly read, after which it was duly passed. 18th & Rio Grande sts By Alderman Schuben - Resolved That the City EnDrainage in same gineer be instructed to have the crossing of Thirteenth to be repaired. and Rio Grande streets put in such condition as to give the drainage free flow and to avoid a damage suit against the city. Adopted. By Alderman Lewis - An ordinance, appropriating the sum of $3,000 for the purpose of paying interest on bonds of the City of Austin, issued from 6 May 1. 1890. --- Page break --- 465 It, was read the first time after which motions were made to suspend the rules and place the ordinance on its second and third reading and that it do pass, each of which were adopted by the following vote: Yeas – Aldermen Anderson, Dawson, Dicher, Glass, Haussck Kinney, Jackson, Ketchum, Lewis, Miller, Nitschke, North, Payne, Powell, Raymond, Schneider, Schuler, Shelley, Taylor, Tong, T. Warmuth – 21. Alderman Nitschke moved to increase the salary of the Foreman of the street force to $60.00 per month. beginning with the month of February, 1893. Carried. The city council then adjourned Milton Morris, City Clerk [Text in left margin:] Foreman to Struck Forces. salary increased