542 The Minutes of a Regular Meeting of the City Council Austin Tex, Aug. 7, 1893 Hon John McDonald, Mayor, presiding Roll Call. Present=16 Aldermen- Anderson, Assmann, Fischer, Glass, Hancock, Nune, Jackson, Ketchum, Mitchelke, Powell, Raymond, Schneider, Shelley, Taylor, Townsend, Warmoth, Absent=6, Aldermen, Dawson, Linn, Miller, North, Platt Schuber, Minutes adopted The minutes of the meeting of the city council which was held on the 17th day of July 1893 were adopted as printed Motion to relieve City Clerk Carried Alderman Taylor moved that Mr. Neil McEachin be requested to relieve the City Clerk from attendance on the council to enable him to prepare the approved account ordinance. And the motion prevailed and was complied with Alderman schuber Entered Council Alderman Schuber entered the council and answered to his name Petitions, etc Pet of L. Schoolherr to reduce assessment A petition from, L. Schoolherr, asking the city council to reduce the assessment on his stock of goods for the year 1893 from $25000 to $20000 the board of appraisers having increased the valuation of his stock of goods $5000 which he claims is unjust Referred to com on Claims and Accts Referred to the committee on claims and accounts Pet of R. Lawrence to remove Hydrant A petition was received from. Randolph Lawrence requesting the council to cause the removal of the water hydrant on Sixteenth street near Lavaca street the same being an obstruction and causing a nuisance. Granted & Marshal ordered to remove same The petition was granted and the marshal instructed to notify the proper persons to remove the hydrant Pet of Hallermann & Pogue to remodel stables referred to fire comrs. By Alderman Glass, A petition from M. B. Hallermann and J. L. Pogue for permission to remodel their stables situated on the corner of First Street. and Congress Avenue It was referred to the board of fire commissioners Pet of M. Davis for time [illegible] [illegible] By Alderman Raymond, A petition from, M. Davis representing the council to grant him further time in which to pay his city taxes. he having met with misfortune in the way of fire. It was referred to the committee on claims and accounts --- Page break --- 543 Claim of W. H. Tobin By Alderman Anderson - Claim of W.H. Tobin for $700 for damages by damages on account of small pox camp established by Small Pox camp. the City of Austin on his land. lot 67. and the burial of the remains of the persons who died with the disease in the street in front of said land during April 1891. Referred to Com It was referred to Committee on claims and accounts on Claims and acct Alderman Miller Alderman Miller entered the council and answered to his entered council name Alderman Anderson presented the following Proposal of Austin Office of Austin Water Light and Power Co Water L. & P. Co Austin Aug 7, 1893 To, C. C. Anderson Esq. Chairman of the Water and Light Committee of the City Council. Dear sir, I submit to the city council through your Committee the following proposition to furnish the city with water for six months ending Dec 31, 1893. First. For fire protection (170 hydrants) $6050 Second. For flushing gutters on Congress Avenue and Sixth street. the city cemetery, city hall, fire department buildings public school buildings and 15 public watering troughs for the full amount of the city ad valorem taxes assessed against this company for 1893 This I find is in substance the contract the water company had with the City in 1892 except that whatever special taxes may be assessed are not excluded from payment by the Company This proposition is not to be construed as in any way affecting the liability of the city to pay the water company the balances claimed to be due on account prior to July 1, 1893 Yours respectfully, Joseph Spence Receiver P.S. Please present this to the council meeting tonight Referred to the water and light committee and City engineer. Reports of City Officers Rept of City Eng By the city engineeron Bouldin Ck A report which states: " I have Bridge to report to your honorable body that one of the main stringers in the bridge over Bouldin's Creek on the Bastrop road is badly decayed and therefore dangerous to travel and I await orders from you To repair the same will cost about $60," to repair ... The city engineer was instructed to repair the bridge. Rep of ... By the assessor and collectorTo the Hon, Mayor and Board of Aldermen of the City of Austin Gentlemen at a tax sale held Aug 1. 1893 at the Court House door of Travis County to satisfy the taxes in the personal property assessed against the Capital Gas Light Company for the year 1891 --- Page break --- 544 I bid in for the city of Austin (others having no other bidder) the said personal property consisting of all the pipes, mains, machinery, implements manufacturers tools, gas tanks, etc for the sum of $258.96 tax and $5.50 costs. Total $264.46. Respectfully submitted Fred Sterzing, Collector It was referred to the Committee on finance Rept of City officer Rept of City Treasurer Reports of City officers for the month of July, 1893 By the City Treasurer- Balances on hand Account of general fund $17,249.74 Account of interest on bond issued prior to may 1, 1890 1,039.50 Account of water and light general fund 413.00 Account of water and light interest fund 13,488.21 Account of water and light sinking fund 15,000.00 Referred to com on finance It was referred to the committee on finance. Rept of City Clerk By the City Clerk- A statement of warrants issued against the general fund- Amount issued --- $18,560.64 Referred to com on finance It was referred to the committee on finance. By the City ClerkA statement of warrants issued against the water and light fund. Amount issued --- $6,284.70 It was referred to the committee on finance. Rept of City assessor & Collector By the City assessor and Collector- Collections Account of general revenue $12,243.57 Account of water works interest and sinking fund. 7,590.56 Account interest on bonds issued prior to may 1. 1890. 1,225.22 Account of lease on Dam Rail Road. 1,250.00 Account of School Tax 4,228.40 Total $26,537.95 Referred to com on finance It was referred to the committee on finance. Rept of City Physician By the City physician - Number of patients in hospital July 1. 13 Number of patients admitted to hospital during july. 22 Number of patients discharged froming; hospital during july 14 Number of deaths 3 Number of patients remaining in hospital Aug 1 18 Number of visits made to paupers during July 98 --- Page break --- 545 Number of prescriptions written for paupers during July 178 No contagious or infectious diseases have been reported during the month of July. Referred to Com. It was referred to Committee on hospital Rept of City Marshal - Total amount of fines assessed in the recorders court $543.00 Collected in cash 174.00 Worked out 123.50 Appealed 160.00 Carried forward 85.50 $543.00 Back fines Collected $73.50 Pound fees Collected 38.75 Arrests made 69 Referred to Com. It was read and referred to the committee on police Rept. of City Sexton By the City SextonTotal Number of deaths 26 (one brought here for interment) White 22 Colored 4 Mexican 1 Male 15 Female 12 Referred to Com. Referred to the Committee on cemetery Rept of Eng. Low The report of Engineer Low for the month of July 1893 was referred to Com. referred to the committee on water and light Alderman Lewis Alderman Lewis entered the Council and answered entered council to his name. Reports of Committees Rept of Committee Alderman Blume for a majority of the committee on on Streets and Alleys Streets and Alleys to whom was referred an ordinance Culvert over Waller appropriating $1000 for the purpose of constructing a Crk on 14th St brick or stone culvert over Waller Creek on East Fourteenth Street presented a report thereon which states, "that such bridge as the one contemplated by said ordinance is not now necessary to the public convenience there being bridges across said Creek on East Fifteenth, Sixteenth, Eighteenth, and Nineteenth Streets, and footbridges on Seventeenth Street amply sufficient for all public demands at this time, and furthermore the financial condition of the City at this time will not permit of such an expenditure. We therefore recommend that said ordinance do not pass" adopted The Report was adopted. Alderman Blume for the Committee on streets and alleys to whom was referred a resolution instructing the City Engineer to at once place West avenue between Eighth and twelfth streets in passable condition, submitted a report thereon recommending the passage of the same and the report was adopted --- Page break --- 546 Pet. of Hume Bros to be relieved of taxes Alderman Shelley for the committee on claims and accounts to whom was referred the petition of Messrs. Hume Bros asking to be relieved from the payment of taxes on an item of $11000 in credits erroneously assessed in their name for the year 1892 submitted a report thereon which stated that upon investigation they find Messrs Hume Bros were not the owners of said credits on the 1st day of January 1892 they having transferred such as were not-paid off to parties non-residents of the City. While section 40, page 10 of the city-charter provides the manner of appeal from the action of the board of equalization in the opinion of your committee the provisions of said section apply only to values as fixed by the board and not to items added to assessments. It is presumed that a rendition made under oath as required by ordinance contains a full list of all the property subject to taxation held or owned by the party rendering and with the rendition only the board of equalization is authorized to deal. It is not believed by your committee that the board of equalization has authority to make changes in renditions except as to values and we respectfully submit that it was not-contemplated that they should encumber the tax rolls with property not-subject-to taxation and force a taxpayer to seek relief through the courts from the payment of taxes on property in which he has no interest. We therefore recommend that the petition be granted. And the collector instructed to strike said item of $11000 in credits from his tax roll The report was adopted Alderman Dawson entered the council and answered to his name. Adopted. Rept-of Special com to whom was refd to widen Dyke on South side of River Alderman Ketchum for the special Committee to whom was referred the question of widening the Dyke on the South side of the river from the Bouldin bridge embankment to the foot of the Colorado bridge and to confer with the County Commissioners of Travis County with reference to a joint movement to accomplish the same offered a report as follows: We have conferred with the County Commissioners court and have obtained from them an agreement to assist the City provided the work shall not- occupy more than 30 days from date of commencement and provided the City shall put a force there on equal in every respect to that furnished by the county. We have had considerable difficulty in obtaining the consent of the owners of the land underlying especially as the owners of the land from which most of the soil must be taken demand a considerable sum of money. The county is willing to Stand its share of the amount demanded by Mr Jeff Johnson executor of the estate of G. S. Johnson, deceased to wit $400 but in view of the fact that it will cost much more than this sum to condemn the land your committee advises that the sum of $200 be appropriated in connection with a like sum from the County to be --- Page break --- 547 paid to the said Jeff Johnson executor. for the material to be used in widening said road, and that a force sufficient to enable the county force be placed on said work at once to accomplish the work. Your committee are of the opinion that in view of the fact that the County will concentrate on this work their entire force thereby enabling them with their fifteen teams together with their forty workmen and county convicts to consolidate this work at the smallest possible expense that it would be best to let the work be performed by said county out-fit, the city's liabilities being limited to a certain specified sum say $800. In other words your committee recommend that the City appropriate the sum of $800 or so much thereof as may be necessary for its proportionate share of the work to be done under the supervision of the county forces including the purchase of the necessary materials to complete the work. We consider that the occasion is opportune and that delay is dangerous to County and is appreciated Motion to postpone Alderman Linn moved that action on the report be indefinitely postponed and the motion prevailed by the Carried following vote: Yeas 13 Alderman Hancock, Hume, Linn, Nitschke, Powell, Schneider, Schuber, Shelley, Taylor, Townsend, Warmoth. Nays 9 Anderson, Aasman, Dawson, Fisher, Glass, Jackson, Ketchum, Miller, Raymond. Rept of board of A Report was received from the board of public works Public works to whom was referred the petition of J. J. White for damage to his growing crop alleged to have been caused by the filling of the Tule, The report recommends that damages be not allowed, and it was adopted. New Business An Ordinance By Alderman Shelley, An ordinance to amend section 1 of an to amend an ordinance entitled, "An ordinance to create a board of ordinance to equalization of taxes for the City of Austin and to prescribe create board of the powers and duties thereof approved Aug 3 1891 and to Equalization add thereto section 2a. It was read the first time after which Alderman Linn moved that action on the same be indefinitely postponed and the motion was lost by a vote of 4 to 16. Alderman Taylor then moved to suspend the rules and place the ordinance on its second reading which was adopted by a vote of two thirds of the whole board of Aldermen. Alderman Nitschke was excused. The ordinance was accordingly read after which Alderman Schuber moved to amend section 1 of the same by striking out "three" and inserting in lieu thereof "five" as the number of persons necessary to constitute the board. Carried The Ordinance provides that any time within 60 days after the board has completed its labors it may meet and correct any errors in assessments that may have been --- Page break --- 548 discovered. A motion was made to suspend the rules and place the ordinance on its third reading which was adopted by a vote of two thirds of the whole board. of Aldermen. It was read a third time and on motion passed by the following vote Yeas 11 Carried Aldermen, Assmann, Fischer, Glass, Hanchet, Ketchum Linn, Miller, Schuber, Shelly, Townsend, Marmoth. Nays. 8 Nays Aldermen, Anderson, Dammann, Jackson, Powell Raymond, Schneider, Taylor Alderman Nitschke entered council Alderman Nitschke entered the council and answered to his name. By Alderman, Shelly- An Ordinance to to Regulate Sale of Liquors regulate the sale of spiritous, vinous, or malt liquors or medicated bitters, levying an occupation tax upon every firm or association of persons selling such liquors, to define the time and manner of collecting such tax and fixing a penalty for a violation of same 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 on its now pass. each of which were adopted by the following vote adopted Yeas 20 yeas Aldermen, Anderson, Assmann, Dammann, Fischer, Glass, Hanchet, Hume, Jackson, Ketchum, Linn, Miller Nitschke, Powell, Raymond, Schneider, Schuber, Shelly Townsend, Marmoth, Mayor approved Ordinance creating Board of equalization The Mayor, announced that he had just approved the ordinance Amending the ordinance creating a board of equalization Whereupon Alderman Anderson, moved that the council do now proceed to the election of a board of equalization of the City of Austin for the year 1893 and the motion was adopted The Chair then appointed, Aldermen Jackson, Dammann and Shelly as tellers and announced that nominations were in order. And Alderman, Schuber nominated J. L. Olsen. Alderman Ketchum nominated D. M. Wilson. Alderman, Anderson nominated R. C. Shelley. Alderman Raymond nominated R. Meyer, Alderman, Linn nominated C. M. Carlton. Alderman Nitschke nominated J. B. Rogers, Nominations were then declared closed and a ballot was duly cast and canvassed and the result thereof was reported by the tellers as follows. J. L. Olsen received 16 votes. D. M. Wilson received 17 votes. R. C. Shelley received 17 votes. R. Meyer received 17 votes. C. M. Carlton received 16 votes. J. B. Rogers received 1 vote. Blanks received 1 vote. --- Page break --- 549 Election of board of Equalization The Mayor then declared Messrs J.S. Wilson, D.M. Wilson, R.S. Shelley, H. Weyermann, and C.C. Littleton, duly elected members of the board of equalization of the city of Austin for the year 1893. Alderman Anderson moved that the City Attorney be granted leave of absence for 30 days and the motion prevailed. City atty granted leave of absence Proposal of Austin Gas light and coal co Alderman Anderson presented a proposal from the Austin Gas light and Coal Company, which stated that 100 gas street lamps to burn by what is known as the new lighting table will be furnished to the city for the sum of $3.60 per lamp per month. This is to apply to points within 50 feet of gas mains. And further 20 gasoline street lamps to be erected at any point within the old city limits and to burn by moon schedule will be supplied at the rate of $3.60 per lamp per month. Referred to Com on The proposal was referred to the committee on water and light. By Alderman Linn - Ordinance to to pay approved accts An ordinance appropriating the sum of $2,091.56 for the purpose of paying approved accounts, 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 - 19 Aldermen Anderson, Baumann, Duncan, Fisher, Glass, Hancock, Hayne, Jackson, Linn, Ketchum, Miller, Mitschke, Powell, Raymond, Schutze, Shelley, Taylor, Townsend, Warmoth, Nays - 1 Alderman Schneider. Adjournment The Council then adjourned. Milton Morris, City Clerk.