636 Minutes of a Regular meeting of the City Council. Austin Tex Jan 15. 1894 Hon. John McDonald, Mayor, presiding Roll Call. Present. 22. Aldermen Anderson North Assmann Platt Dawson Powell Fischer Raymond Glass Redd Hanaock Robertson Hume Schneider Jackson Shelley Lawless Taylor Linn Townsend Nitschke Warm The minutes of the meeting of the City Council which was held on the 1st day of January 1894 were adopted, as printed. Petitions, Etc: Petition to remove fence on Grooms Av. in East Lawn addition By Alderman Raymond. A petition of Citizens requesting the removal of a fence which obstructs public travel on Grooms' Avenue in East Lawn, Addition. It was referred to the Committee on Streets and Alleys, and the City Engineer instructed to survey said Avenue for the purpose of ascertaining the true lines of the same. Petition for Bridge to be constructed on State St. near Buddington place. By Alderman Hume A petition of Citizens and Taxpayers of the Sixth Ward, asking that a bridge be constructed on State Street where a branch crosses the same near the Buddington place. It was referred to the Committee on Streets and Alleys. Petition in regard to Taxes pd by Miss A. Armour on Lots asking for release of Tax 1890 & 1891. granted. By Alderman Taylor. A petition in regards to settlement of City Taxes for the years 1890 and 1891. on the West 1/2 of the Northwest 1/4 of outlot 35. division E. and requesting that a release be granted - The Taxes are assessed in the name of Miss Anna Armour, and were paid to the City Attorney and by him paid to the City Assessor and Collector. The mayor was authorized to execute a release according to request contained in the petition. Petition of City of Austin Sewerage Co. asking permission to substitute for the Van Vranken flush tank. Some other. By Alderman Taylor A petition from the City of Austin Sewerage Company requesting permission to substitute the Van Vranken Automatic flush tank instead of the one originally contemplated, in order to prevent litigation with parties who have secured letter patents on a flush tank. giving some details of the intended tank. It was referred to the Committee on Sanitation and Sewerage. Petition of Tom Murrah. to remit part of tax, ass[essed] against Lots 1 to 5. in Blk 16. Div B. By Alderman Powell - A petition from Tom Murrah, agent for Joseph Whitlock, requesting the City Council to remit a portion of the Taxes assessed against lots Nos 1 to 5. in Block 16, of what is known as Division B: the valuation of the property, it is claimed, having been placed too high by the Board of Appraisers. It was moved that the petition be referred to the Committee of Claims and accounts to investigate and ascertain what the petition be. It was moved as a substitute that the petition be received and filed, and it was carried. --- Page break --- 637 By Alderman Jackson. A petition from Mrs. E. B. Noble requesting the remission of pound fees paid by her to the sum of $4.50. Granted. By Alderman Powell. A petition of Citizens of the West End of the firstward against releasing the City of Austin Drainage Company from the immediate Construction of Sewers in that portion of the City. It was referred to the Committee on Sanitation, and Sewerage. By Alderman Ritschle - A Communication from a Committee appointed by Hook and Ladder Fire Company No. 1. for the purpose of examining the present Hook and Ladder truck of said Company and reporting on the advisability of procuring a new one; stating that "we have thoroughly examined the Same and find it in a dangerous and dilapidated con- dition and unsafe for further use with Safety, and further recommend the purchase of a new truck x x x x x" It was referred to the Board of Fire Commissioners. On the recommendation of the Mayor a fine of five dollars which was assessed in the Recorder's Court against Williams Harris was remitted. Reports of City Officers. Report of the City Assessor and Collector for the month of December 1898. Collections; Account General revenue $4,590.49. Account Water Works Fund 3,464.61 Account Interest on old bonds 308.26 Account School Tax 1338.09 Total $9,701.31 3/8 Referred to the Committee on Finance. The report of Assistant Engineer, Joseph Kuhlman, account of the Dam, for the Month of December 1898. was read and referred to the Committee on Water and Light. The Mayor made his annual message, after which Alderman Androom moved that it be published in the Austin Daily Statesman Alderman Linn moved to amend the motion by adding thereto that 2000 Copies of the Message and reports of City officials be printed in pamphlet form. Accepted. Alderman Cosman moved to amend the motion by directing the publication of the message in the Texas Vorwaerts, provided the translation of the message shall be made at the expense of the paper and the Cost of publication shall not exceed the amount Charged by the Austin Daily Statesman for publishing the message. The amendment was accepted and the motion, as amended, adopted. The Mayor presented a Circular which had fallen into his hands It Contains false Statements regarding the Dam, etc. Alderman Linn moved that it be turned over to the Statesman with the request that it be published for the information of our Citizens - Lost. Reports of Committees Alderman Jackson, for the Committee on Streets and Alleys presented a report which reads: "We, your Committee on Streets and Alleys, to whom was referred petition of E. M. Scarbrough and others, asking for more time to remove house from Public and fifth Streets, after careful consideration of it, beg leave to report that the said E. M. Scarbrough has since Nov. 18th 1898 to remove said house, and that said house is on the West side of Said Street, is 14 feet in Johnson Street, and the Valley is 10 feet, making a total of 24 feet in said block, and your Committee. --- Page break --- 638 Recommending the opening of Sabine from 4th to 7th St. & to remove obstructions recommend its removal at once. We also recommend the opening of Sabine Street from Fourth Street to Seventh Street, and that the City Marshal be instructed to notify all parties having obstructions, such as fences, houses etc. to remove same as soon as practicable. The report was adopted. Fire Department Report of Fire Committee on Repairs of Washington S. F. E not to exceed $75.00 Alderman Netschle, for the Committee on fire department, made a verbal report to the effect that Washington Steam Fire Engine was in need of certain repairs. Alderman Anderson moved that the Committee on fire department, be authorized to have the repairs made, at a cost not to exceed $75. Police- Report on Police Com. on petition of Citizens for additional policeman in 1st Ward - un favorable - Alderman Schneider, for the Committee on Police, to whom was referred a petition of Citizens asking that an additional policeman be added to the force on duty in the first Ward, presented an unfavorable report thereon and it was adopted. Report of Police Com. on petition of Citizens of 6th & 7th Ward. to retain Gus Evans on force - unfavorable - Alderman Schneider, for the Committee on Police, to whom was referred a petition of Citizens of the Sixth and Seventh and Eastern part of the City, requesting the City Council to retain Officer Gus Evans on the Police force, offered an unfavorable report thereon, and it was adopted. Claims and Accounts - Claims & Accounts Committee. Reports in regard to the matter of assessment of Jno Bremond & Co Alderman Shelley, for the Committee on Claims and accounts, to whom was referred the communication of Mr D. L. Wrenn, protesting against the action of a minority of the Board of Equalization in reducing the assessment of the goods, wares and merchandize of John Bremond & Co, from $75,000, as originally fixed by the board to $50,000,00 submitted a report thereon which states they find as follows: The ordinance under which the board acted, provides that within 60 days after determining and fixing values, the board may be convened for the purpose of hearing complaints and correcting errors. That on the last day upon which the board could legally act, Messrs Wren and Weyermann, without convening the board in special session, for that purpose, and without notice to other members of the board, prepared a notice addressed to, and directing the assessor of Taxes to change the valuation of the goods, wares and merchandize of Jno Bremond & Co. from seventy five thousand to fifty thousand dollars, which notice was subsequently presented, within the specified time, to Messrs Wren and Carleton, who declined to sign the same. That on or about the 7th day of December, after examining the books, invoices etc, of the said Jno Bremond & Co, and concluding that the valuation, as originally fixed by the board was excessive, Mr A. L. Shelley signed said notice. The time, within which the board was authorized to review this action, having expired on December 1st, your committee are of the opinion that the instructions given the assessor were irregular and illegal, and the original valuation, as fixed by the board, should stand." Alderman Anderson moved that Mr. Jno. Bremond be permitted to make a statement to the Council on the subject. The motion was adopted, and Mr. Bremond addressed the Council, after which Alderman Jones moved the adoption of the report of the committee. --- Page break --- 639 Alderman Lawless moved as a substitute, that the matter be refered to the City Attorney for his opinion as to whether relief can be legally granted. The substitute was adopted and the matter so referred. Alderman Shelley, for the Committee on Claims and accounts, to whom was referred the petition of Mr A.H. Whitter, for the remission of pound fees, presented a report, which states, that we find the streets in question, were within the pound limits, and therefore recommend that the petition be not granted. The Committee further recommend that but one "pound" be used, instead of two, as is sometimes done - The report was adopted Printing, Awarding Printing Contracts Alderman Warmoth, for the Committee on Printing presented reports, recommending that Printing Contracts be awarded as follows: Newspaper Printing - To the Austin Daily Statesman Job Printing - To Eugene Von Boeckmann. The reports were adopted CemeteryAwarding Contract for Alderman Platt for the Committee on Cemetery, reported that they had Hauling Paupers. awarded the Contract for hauling the remains of Paupers to Highland Park Cemetery during the remainder of the year ending November 30. 1894 to Willis Carpenter, his bid being the lowest received. The report was adopted. Sanitation and Sewerage Alderman Dawson for the Committee on Sanitation and Sewerage asked for further time in which to frame reports. Granted. Purchases. Alderman Roesle, for the Committee on Purchases presented the following report: Austin, Tex. Jan. 15th 1894. To the Honorable the City Council: Awarding Contracts to Your purchasing Committee beg to make the following report: C.J. Martin + Co for The law requires the purchasing committee to advertise for bids for sundry Stock feed. supplies for the City, with the following results: Two bids were received for supplying the City with stock feed during the remainder of the quarter, ending March 31, 1894, One from H. Doroughty Brothers and one from C.J. Martin + Co. The bid of C.J. Martin + Co, the lowest, their prices being as follows. Shelled Corn Sacked, 58 1/2 cents per bushel. Ear Corn 55 cents per bushel Shelled Corn loose, 55 cents per bushel. Oats Sacked 43 cents per bushel, Oats loose, 42 1/2 cents per bushel. Timothy Hay, baled, $17.50 per Ton. Cow fodder, baled, $15.00 per ton. Cane fodder loose $14 per Ton. Millet Hay, baled, $16.50 per Ton. Bids were received from the following named persons for supplying the City with Culvert pipes during the remainder of the year ending Nov. 30. 1894Awarding Contract to S.A. Theo. O. Brush. Wm B. Brush. Austin White Lime Co. and J.G. Taylor. Taylor for Culvert Pipes The bid of J.G. Taylor was the lowest proposal received, being as follows: Eight inch double strength Culvert, 15 cents per foot. Ten inch double strength Culvert, 25 cents per foot. Twelve inch double strength, 33 cents per foot. Fifteen inch double strength Culvert, 46 cents per foot. Eighteen inch double strength Culvert, 70 cents per foot. Twenty inch double strength Culvert, 85 cents per foot. Five bids were received for furnishing steel, ford, shoes and Shoeing the City's mules, during the remainder of the year ending Nov. 30, 1894. The bid of Washington Handy was the lowest received, their prices being as follows, New shoes, per set of four $1.00 Old shoes reset $0.50. We recommend that the bids of C.J. Martin + Co, J.G. Taylor and Washington Handy be accepted and that --- Page break --- 640 Mayor be, and they are, authorized to enter into contract with the lowest bidders, in accordance with their respective bids, on their filing bonds to be approved by the City Clerk. Respectfully Submitted, William D. North, R.B. Roberdeau, W.A. Shelley Committee on Purchases. The report was adopted. - Salaries - Alderman Glass, for a majority of the Special Committee appointed to prepare and report an Ordinance fixing salaries of officers and employes of the City of Austin for the term of two years, submitted a report recommending the passage of an attached ordinance. The report was laid over to be taken up with the ordinances named therein, under the head of New Business. Alderman Taylor, of the same Committee, presented a minority report recommending the passage of an Ordinance attached thereto. The report was laid over to be taken up with the ordinance named therein, under the head of new business. By Alderman Hrtochka- Ord. Appropriating $85 for Contract foot bridge on E. 12th St An Ordinance appropriating the sum of $85 for the purpose of Constructing a foot bridge on East Twelfth Street over Waller Creek. It was read first time and referred to the Committee on Streets and Alleys. By Alderman Lawless- Resolution in Regard to Alley next to Driskill Hotel. A resolution instructing the City Engineer to examine the Alley extending from Sixth Street Northward to Seventh Street, a half block East from Congress Avenue, running along the west side of the Driskill Hotel, and report to the Council at its next meeting, its condition and the probable cost of putting same in proper condition. Adopted. By Alderman Anderson- Ord.-appropriating $4659.84 to pay Hart & Co. Est No 3- An Ordinance appropriating the sum of $4659.84 for the purpose of paying Estimate No.3. of work done and material furnished by John T. Hart & Co., under their contract with the City of Austin Dated Oct. 10. 1898. It was read the first time and a second and third time under suspension of the rules and passed by the following vote: Yeas 22. Aldermen Anderson Asmann Barrow Becker Davis Demons Fischer Glass Hancock Himme Jackson Lawless Livin Niland Hrtochka North Peatt Powels Raymond Redd Roberdeau Schneider Shelley Taylor Townsend, Warnock. By Alderman Roberdeau. An Ordinance to be entitled "An ordinance to prevent any person or persons in this City from displaying on or over the sidewalks on Congress Avenue, from Third Street to Eleventh Street, on the East side of said Avenue, any goods, wares or merchandise of --- Page break --- 641 Street from Red River Street to San Antonio Street, any vegetables, fruits, meats, game, fish or Oysters; and to prevent any person or persons from depositing on said side walks within said limits any filth or merchandise of any kind, and declaring it unlawful for any person or persons to carry around said side walks between certain hours, any fresh slaughtered meats or fowls and to provide a penalty for the violation thereof. It was read and referred to the Committee on Ordinances. By Alderman Platt - Austin Texas Jany 7. 1894. [in left margin] Introduction of Dam RR to relinquish to City, its lease &c. To the City of Austin: The Austin Dam Street Railway Company makes the following propositions: To give the City the entire rolling stocks, tools and implements of the road (which cost the Company about $13000) and pay the rent up to Jany 1. 1894. The City on its part to cancel the lease and bond. The Austin Dam St R R Co. Assignee of lease By H. M. Metzger, President. We will pay the accrued rents up to time transfer is made in January 1894, or give in lieu thereof receipts of the road. H.M.M. Pr " A long Communication from R. D. Lemon, for the Company, accompanied the above. Alderman Raymond moved that the matter be referred to a Special Committee of three and the City Attorney. Alderman Sinn moved as a substitute that, the matter be referred to the Board of Public Works with instructions to report to the Council at its next meeting. The substitute was lost by the following voteYeas 3. Aldermen, Andrews - Sinn - Townsend - Aldermen - Nays 19. Koennamnn Platt Dawson Powell Fischer Raymond Glass Red Hancock Riderdeau Hume Schneider Jackson Shelley Lawless Taylor Nitschke Warmoth - North Alderman Glass moved to amend the motion made by Alderman Raymond, by increasing the Committee to five. The amendment was lost. The motion made by Alderman Raymond was then adopted and the chair appointed Aldermen Raymond, Sinn and North as the Committee. By Alderman Hall - A resolution, complaining that, the Mercer Dam company have not properly filled in the excavations made by them in the Streets and Alleys, and providing that the City Engineer and Street Committee be instructed to immediately, or as soon as possible where excavations have been made compel the Company to place them in the condition of, the Streets, when first opened. The following official bonds were read and approved by the Council: Bond of J. M. Daniels as City Scavenger --- Page break --- 642 Ordinance fixing Salaries of Officers & Employees Bonds of J. D. Meyrick as City Treasurer of The Ordinance of the Special Committee on Water and Light fund. Ordinance on Salaries were called up and on motion the majority and minority reports were read. Alderman Anderson moved that the Majority report be substituted for the Minority report. Lost by the following Vote. Yeas 9. Alderman Anderson Robedeau Assmann Shelley Fischer Doyle Linn Townsend Nitschke Nays - 13. Alderman Dawson Pratt Glass Powell Hancock Raymond Hume Redd Jackson Schneider Lawless Warmoth North The Ordinance as offered by the majority of the Committee was then read the first time, and on motion the rules were suspended to place the Ordinance on its second reading by the following Vote: - Yeas. 16. Alderman - Dawson Pratt. Glass Powell Hancock Raymond Hume Redd Jackson Robedeau Lawless Schneider Nitschke Townsend North Warmoth. Nays 6 Alderman - Anderson Linn Assmann Shelley Fischer Taylor The Ordinance was then read the second time, after which Ald erman Raymond moved that the rules be further suspended and the Ordinance placed on its third reading. Alderman Anderson moved as an amendment that the Ordinance be Ordered by Sections and the motion carried by the following vote. Yeas 12. Alderman Anderson North Assmann Robedeau Fischer Shelley Grardian Taylor Linn Townsend Nitschke Mayor [illegible] Powell.. Glass [illegible] Smith Hancock [illegible] Redd. Humes Raymond Schneider Jackson Hall Warmoth. --- Page break --- 643 The Ordinance was then read by Sections, Sec: 1. fixing the Mayors Salary at $600 per annum was adopted. Div: 2. fixing the Salary of the City Assessor and Collector at $1500. per annum was adopted. Div: 3. fixing Salary of City Marshal at $1500 per annum was adopted. Div: 4. fixing Salary of City Treasurer at $600. per annum was adopted Div. 5. fixing Salary of City Physician at $600. per annum was adopted Div. 6 Div 7. fixing Salary of City Engineer at $1200. per annum was adopted Div. 8. fixing Salary of Superintendent of Streets at $750. per annum being read Alderman Linn moved that it be amended so as to read $1200- which was lost by the following vote: Yeas 10. Aldermen. Anderson. North Assmann Roberdeau Fischer Shelly Linn Taylor Nitschke Townsend. Nays. 12. Aldermen Dawson- Gatto. Glass Powell Hancock Raymond. Humel Redd. Jackson Schneider Lawless Warmoth. The Division was then adopted by the following vote: Yeas 12. Aldermen Dawson Gatto. Glass Powell Humel Redd. Hancock Raymond Lawless Schneider Jackson Warmoth- Nays- 10. Aldermen. Anderson North. Assmann Roberdeau Fischer Shelley Linn Taylor Nitschke Townsend. Div: 9. fixing the Salary of the Recorder at $900 per annum was then read, after which Alderman Linn moved to amend the same by striking out "$900" and inserting in lieu thereof "$1200", which was lost by the following vote: Yeas 10 Aldermen And..... North. Assmann Roberdeau Fischer.. Shelley Linn.. Taylor Nitschke Townsend. Nays 12 --- Page break --- 644 Aldermen Dawson Glass Hancock Hume Jackson Lawless Pratt Powell Raymond. Redd. Schneider Warmoth. Alderman Taylor then moved to amend Division 7. by striking out "$900" and inserting in lieu thereof "$1080. which was lost by the following vote: Yeas 10. Aldermen Anderson Assmann Fischer Irwin Nitschke Norck. Roberdeau Shelley Taylor Townsend. Nays 12 Aldermen Dawson Glass Hancock Hume Jackson Lawless Pratt Powell Raymond Redd Schneider Warmoth. Alderman Shelley then moved to amend the Division by striking out "$900" and and inserting instead $1000. Alderman Lawless moved as an Amendment to the Amendment that "$900" be stricken out and "$600" be inserted in lieu thereof, which was adopted by the following vote: Yeas 12. Aldermen. Dawson Glass Hancock Hume Jackson Lawless Pratt. Powell Raymond Redd Schneider Warmoth Nays, 10. Aldermen Anderson. Assmann Fischer Irwin Nitschke Norck. Roberdeau Shelley Taylor Townsend. Alderman Lawless by unanimous consent, withdrew his amendment, and moved that Division 7 be adopted as printed in the ordinance. Carried. Div 10. Fixing salary of the City Attorney at $1500 per annum was adopted. Div 11. Fixing salary of Assistant City Attorney at $1000 per annum having been read Alderman [illegible] moved to amend by striking out $1000. and inserting $1500. and moved the division as so amended was then adopted. Div 12. Fixing salary of City Clerk at Folios above at $1700 per annum was --- Page break --- 645 was adopted Div: 13. Fixing Salary of City Sexton at $275.00 per annum was adopted. Div: 14. Fixing Salaries of Mounted Policemen at $876.00 per annum was adopted Div: 15. Fixing Salaries of Policemen not mounted at $780. per annum was adopted. Div: 16. Fixing Salaries of drivers and Tillermen of fire department at $600 per annum was adopted. Div: 16 1/2. Fixing Salary of the City Clerk at $1500 per annum, was adopted Div: 17. Fixing Salary of Porter at City Hall at $1080 per annum was adopted Div: 18. Fixing Salary of the Sanitary Inspector. at $876. per. annum. being read, Alderman Anderson moved to strike out the same, which was lost by the following vote: Yeas. 7. Aldermen Anderson. Assmann Fischer Saurkes Smith North Taylor Nays 15. Aldermen Duncan Glass Hancock Hund Jackson Nitschke Oertel Powell. Raymonds Rodd. Roderdeus Schneider Shelley Townsend Marmaduke Div: 18. was then adopted Div: 19. fixing salary for the resident physician of the City Hospital at $600- per annum was adopted Div: 20. fixing salaries of Teamsters at $480 per annum was adopted. Div: 21. fixing Salary of Matron of the City Hospital at $600 per annum. was adopted. Div 22. fixing Salary of Assistant assessor and Collector at $1080. per annum, being read, Alderman Smith moved to strike out $1080. and insert $1200. Carried - The Section as amended was then adopted. Div: 23. Fixing the Salary of the Keeper of the public pound at $876. per annum, being read, Alderman Schneider moved to amend the same by striking out the words "Keeper of the public pound" and insert in lieu thereof "Pound master" The amendment was adopted And the division as amended. Carried. Div: 24. Fixing Salary of Sergeant of Police at. $1080 per annum was adopted. Div: 25. Fixing Salary of bridges Keeper. at $720. per annum being read, Alderman Taylor moved to amend the same by striking out $720, and inserting $600 which was lost by the following vote. Yeas,, 10 Ald... Anderson Assmann Fischer North. Rodd. Roderdeus Shelley Taylor. Townsend Nays,, 12 Aldermen Duncan Glass Hancock Hund Jackson Nitschke Oertel Powell. Raymonds Schneider Marmaduke Mr President. --- Page break --- 646 Aldermen Ayes 12. Dawson Glass Hancock Horne Jackson Lawless Nitschke Platt Powell Raymond Schneider Warmoth Div: 25. was then adopted. Secs 2. 3. 4. and 5: containing general instructions, were then separately read and adopted. A motion was then made that the rules be further suspended and the ordinance placed on its third reading, which was adopted by a two thirds vote of the entire board of Aldermen The ordinance was accordingly read and on motion passed by the following vote: (Yeas 15. Aldermen Assmann Dawson Glass Hancock Horne Jackson Lawless Nitschke Platt Powell Raymond Rudd Rabenbeau Schneider Warmoth Nays - 7. Aldermen Anderson Fischer Lain Shelley Taylor Townsend Smith- Ordinance by Mayor to issue Bonds in lieu of old bonds. The Mayor offered an Ordinance to provide for the issuance of bonds of the City of Austin, to the amount of [illegible] to be issued for the purpose of taking up certain bonds of the City now outstanding. The Ordinance was referred to the Ordinance Committee without being read. Communication from Commissioners Court Travis Co re Bids Iron Bridge Bull Creek. A Communication from the Commissioners Court of Travis County concerning bids received for the construction of an Iron bridge across Bull Creek, in which the City was to join - The bids received are too high. It was referred to the Committee on Streets and Alleys. Appropriating $3800 to pay salaries of officers and employees. Aldermen Lain offered an Ordinance, appropriating $3800.00 or so much thereof as may be necessary to pay salaries of officers and employees of the City for the Month of January 1894. It was read the first time, and on second and third time, under suspension of the rules, and passed by the following vote: Yeas 22. Aldermen Anderson Assmann Dawson Fischer Glass Hancock Horne Jackson Lain Lawless Nitschke Platt Powell Raymond Rudd Rabenbeau Schneider Shelley Smith Taylor Townsend Warmoth --- Page break --- 647 Hancock. Rubiard Himes Schmieding Gardner Shelley Harkins Doyle Dean Bowen Nitschke Winnemuth Leave of absence 10 days to Mrs Foster Leave of absence for 10 days was granted Mrs Josephine Matron City Hosp Foster, Matron of the City Hospital. report printing of the Sectry Board Alderman Raymond moved that the annual report of the Secof Pub Wks retary of the Board of Public Works be printed in the States- man. Carried. Ordering City Clerk to Continue to pay A motion was made instructing the City Clerk to Continue Mr Coats foreman st gang, 1 mo to pay Mr John Coats, foreman of the Street gang, etc. for 1 month. The Council then adjourned. Milton Morris, City Clerk.