661 The minutes of a regular meeting of the City Council. Austin Tex. Feb. 5. 1894. Roll Call Hon. John McDonald Mayor Presiding Present, Aldermen Andrews, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Lawless, Nitschke, North, Oett, Powell, Raymond, Roberdeau, Schneider, Shelley Taylor, Townsen, Wannmath - 20. Absent, Aldermen Assmann - Lino - 2. Alderman North moved that the reading of the minutes of the meetings of the City Council, which were held on the 15th, 23rd, 24th and 25th days of January 1894, be dispensed with, and that they be adopted as printed, and the motion prevailed. Petitions - Memorials, etc- Petition of Ald. Washington to have fine Remitted Referred By Aldermen Washington, a petition for remission of fine. It was referred to the Committee on Police - Petition to have Road from E. Ave to City limits worked Referred By Aldermen Nitschke - A Petition from Citizens requesting that the Road known as the Manor Road, be placed in good condition for travel from the East line of the City to East Avenue. It was referred to the Committee on Streets and Alleys- Petition of Citizens of Clarksville to have Street opened Referred By Alderman North - A petition from Citizens of Clarksville, asking that a certain Street be opened from Clarksville to Pecan Street. Referred to the Committee on Streets and Alleys- Petition of M. Deklechaun to make certain Employes pay him. - Referred By Alderman Assmann - answered to his name By Alderman Jackson - A petition from Mr. Deklechaun requesting the Council to require certain Employes of the City to pay him accounts claimed to be due him by them - It was referred to the Committee on Ordinances - Petition of Manager of Alliance Cot. Yard for removal of the Lease - Granted. By Aldermen Andrews. A petition from a Committee appointed by the trading men of the Alliance Cotton Yard, requesting the Council to release them and grant to the Alliance a final spread of five years on their lease on their lot. It was moved and adopted that the Mayor be authorized to execute a lease as requested. Petition of Citizens of 11th Ward to organize Hose Co Referred. By Aldermen Oett - A petition from Citizens of the Eleventh Ward requesting permission to form a Hose Company, to be known as the "Street Austin Hose Company No 5" - and asking the Council to appropri ate $600 to assist in successfully carrying out the undertaking. Recommendation of Fire Commissioners to grant above A communication from the Board of Fire Commissioners, recommending the organization of the proposed Company. Was presented and together with the petition referred to the Committee on Fire Department- Remitting fine of $15.00 against Pecan Chapel On the recommendation of the Mayor, the Council remitted a fine of $15.00 that was assessed in the Recorder's Court against Pecan Chapel. Claim of Wm Platt for dam- ages to Stock on Lake Referred A claim amounting to $827.50 for stock alleged to have been killed and damaged along the Lake on account of the soft banks, was received from Tracy & Tracy, Attorneys for W. M. Platt. Referred to the Committee on Claims and Accounts. Reports of City Officers- Report of City Engineer City Engineer - The Mayor presented a report from the City Engineer, which he had requested him to prepare concerning the extension of the Mail Carrier System in this City. It was referred to the Committee on Ordinances with instructions to draft a suitable resolution concerning the matter to be presented to the Council at its next regular meeting Monthly Reports. Report of J. Kepferle, Eng. at Dam By Joseph Kepferle, Engineer in charge of the work at the --- Page break --- 662 Dam- A report of the progress made with work during the month of January. 1894. It was referred to the Committee on Water and Light- Report of Assessor & Collector Referred By the City Assessor and Collector_ Collections Account of General Revenue $5,773.52 Account Interest on old Bonds. 537.23 Account Interest and Sinking Fund (Water Works) 5,129.80 Account School Tax 1972.34 Total $13,412.89 It was referred to the Committee of FinanceBy the City Clerk- Statement of Warrants issued against the General Fund- Report of City Clerk Account Salaries of Officers $1,094.17 Account Salaries of Policemen 1267.85 Account City Cemetery 22.92 Account Sanitary Department 394.45 Account Fire Department 840.00 Account Streets, Bridges etc- 1,527.10 Account Feeding City Prisoners 58.25 Account City and County Hospital 484.27 Account Printing Stationary and Postage 43.00 Account Charity 119.89 Account Street Lights 185.00 Account Pound Master 73.00 Account Porter 40.00 Account Teamsters Etc 465.00 Account Feed for Teams. 218.20 Pay of Aldermen 215.00 Miscellaneous 98.41 Total $6,987.71 Report of City Sexton Referred to the Finance Committee By the City Sexton- Total Number of Deaths 24 White 18 Colored 7 Male 16 Female 9 Referred to the Committee on Cemetery- Report of City Marshal. By the City Marshal- Total Amount of fines assessed in the Recorder's Court $500.00 Collected in Cash $146.00 Worked out 258.00 Escaped 17.00 Carried Forward 79.00 Total 500.00 Arrests made 93 Referred to the Police Committee Report of City Treasurer By the City Treasurer- Balances on hand - Feb. 5. 1894 - Account General Fund $2,159.45 Account Water and Light Interest fund 810.87 Account Water and Light Sinking Fund 25,000.00 Account Water and Light General Fund 888.70 Referred to the Finance Committee Report of City Atty in reference to assessment of Jno Bremond & Co By the City Attorney - " To the City Council of AustinGentlemen - After consideration of the report of the Special Committee on the Communication of D.L. Kew regarding the action --- Page break --- 663 of the Board of Equalization in ordering a reduction of the assessment of John Bremond, I beg to say that I fully agree with the Committee in the opinion that the action of the Board was unauthorized and illegal". Alderman North moved that this opinion be received and the report of the Committee adopted- Carried. By the City Physician- Report of City Physician Number of Patients in Hospital Jan 1 1894 18 Number of Patients admitted to Hospital during January, 1894 16. Number of Patients discharged from Hospital during January, 1894 13. Number of Deaths in Hospital during January, 1894 1 Number of Patients remaining in Hospital February, 1894 20 Number of Visits made Paupers in the City during January, 1894. 116 Number of Prescriptions written for Paupers in the City during January, 1894. 199. Referred to the Committee on Hospitals- Reports of Committees- Report of Committee on Streets & Alleys in regard to removal of Fence on Grooms Ave. Adopted Alderman Jackson, for the Committee of Streets and Alleys, to whom was referred a petition of Citizens asking the removal of a Certain high board fence on Grooms Avenue, presented a report which states: "After careful examination and investigation, we find that the fence in question does encroach on said Street from 12 to 24 feet, and would recommend the removal of same to the proper line, and have instructed the City Engineer to run the line". The report was adopted- Report of Committee on Streets & Alleys in regard to Bridge Near Buddington Place Refused Alderman Jackson for the Street Committee, to whom was referred a petition for Citizens of the Sixth Ward, asking that a Bridge be erected over a branch near the Buddington place, on State Street, offered a report which states; "After examination we do not think it necessary just now to build a bridge over said branch, and would recommend that the petition be not granted, but would recommend cutting down the banks of said branch, and making a good crossing, which can be done at a small cost". The report was adopted- Report of Committee on Streets Alleys in regard to foot Bridge over Waller Creek on E 12th St. appropriation therefor of $125.00 Alderman Jackson for the Committee on Streets and Alleys, to whom was referred an Ordinance appropriating the Sum of $85. for the purpose of Constructing a foot bridge on East Twelfth Street over Waller Creek, presented a report thereon, which states; "After a careful examination, we find a bridge is needed at that point, and we further find that $85. is not sufficient to build said bridge, and we therefore recommend the Ordinance be amended to read $125. instead of $85. and the passage of the same." Carried- Report of Ordinance Committee recommending passage of Amended Ordinance in regard to the displaying of Meats, Fish, Oysters etc within Certain limits Alderman North for the Committee on Ordinances to whom was referred an Ordinance 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, or on Sixth Street from Red River Street to San Antonio Street, any vegetables, fruits, meats, games, fish or oysters; and to prevent any person or persons from depositing on said Sidewalks within said limits any pelts or mem- phitic nuisance of any kind, and declaring it unlawful for any person or persons to carry over said Sidewalks between Certain hours any fresh slaughtered meats or pelts, and to provide a penalty for the violation thereof", offered the following report thereon: "Your Ordinance Committee beg leave to recommend the --- Page break --- 664 passage of the accompanying ordinance, with a provision limiting its provisions to fresh meats, oysters, shell fish and fresh fish, we believe it to be too sweeping, and in part covered by Article 74 of the revised penal ordinances, and we recommend that it be amended as follows: Caption, line 5. Strike out "Vegetables, fruits, hay". Section 1. line 5. Strike out "or merchandise". Section 1. line 5. Strike out "Vegetables, fruits". line 7. Strike out "or merchandise". Section 2. line 4. insert 9 in the place of "8" and "6" in the place of "9". The report was adoptedAlderman Dawson, for the Committee on Sanitation and Sewerage presented the following: "Hon. John McDonald, Mayor: Your Committee to whom was referred the petition of Austin Sewerage Company, asking for extension of time in the construction of Sewer System on West side of Shoal Creek, have carefully examined the questions, and beg leave to recommend that an extension of one year be granted, and your Committee have found that such an extension will be satisfactory to the large part of the citizens on line of proposed sewer. Your Committee also recommend, inasmuch as it is deemed impracticable, that the Sewer be built Crossing Shoal Creek on Third Street as contemplated, that when built main line be located to Cross said Shoal Creek on Sixth Street. Alderman Lawless moved to lay the report on the Table, and it was carried by the following vote:- Yeas - Aldermen Assmann, Hancock, Hume Jackson, Lawless, Nitschke, Platt, Raymond, Roberdeau, Schneider Warmuth. - 11Nays. - Aldermen - Anderson, Dawson, Fischer, Glass, North, Powell, Redd, Shelly, Taylor, Townsend - 10Alderman North presented the following which was adopted - An Estimate of the probable 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 Employes, and of the Amount required to meet the other ordinary Expenses of the City Government, not including work on Streets and bridges, or other public improve- ments - - Income - From Assessment Rolls of 1893. $68,819 From License Tax 11,000 From Pound Fees 500 From Street Rents 300 From Hospital 1,750 From Recorders. Court. 2,700 From Miscellaneous 600 From Taxes of 1892 and prior years. 5,700 90,369 - Expenses - Salaries of Officers $13,600 Salaries of Policemen 14,230 City Cemetery 275 Fire Department 7,300 Sanitary Department 3,600 Meals for Prisoners 750 Street Lights 2,000 Printing Stationery & Postage $1,600 - City County Hospital 4800 Scavengers etc. 5,200 Feed for City Teams 1,400 Water 8,500 Charity 1,200 Assistant for Assessor & Collector 750 [Left Margin Notes] Report of Sewerage Committee on Petition of Austin City Sewerage Co for Extension of time etc. Estimate of Income for the fiscal year Estimate of Expenses --- Page break --- 665 Miscellaneous 4,000 90,369 Salary of Pound Master 876 Salary of Porter 480 Attorneys fees 1,000 Assistant for City Clerk 250 $71,844 Balance $18,558 Report of Special Committee on Dam R.R. Lease. Asking for further time granted. Alderman Raymond, for the Special Committee appointed to Consider the proposal of the Lessees of the Austin Dam to be released from their lease of the road Railroad, asked for further time in which to prepare a report- Granted- Unfinished Business - Ordinance appropriating $85- for foot bridge over Waller Creek at 12th St. Passed. An Ordinance appropriating the sum of $85- for the purpose of constructing a foot bridge over Waller Creek at East Twelfth Street was taken upon it's second reading, Alderman Raymond moved to amend the Caption and Section 1 of the Ordinance by striking out $85and inserting in lieu thereof "$125-" Carried. The ordinance was then passed under suspension of the rules by the following Vote: Yeas - Aldermen - Anderson, Assmann, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Nitschke, North, Platt, Powell, Raymond, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 20. Ordinance to punish parties for displaying Meats, Fish Game - Oysters & Pelts on Sidewalks on Congress Ave between 3rd & 11th Sts. and on 6th St between Red River & San Antonio Sts Passed. An Ordinance, "Entitled an Ordinance to prevent any person or persons from displaying on or over the sidewalks on Congress Avenue, from Third Street to Eleventh Street, or on over the sidewalks on Sixth Street from Red River Street to San Antonio Street, any game, fish or Oysters, and to prevent any person or persons from depositing on said sidewalks within said limits, any pelts or merchandise of any kind, and declaring it unlawful for any person or persons to carry over said sidewalks between certain hours any fresh slaughtered meats on pelts, and to provide a penalty for the violation thereof;" was taken up on its second reading and read, after which Alderman Roberdeau moved the adoption of amendments offered by the Committee as above set forth, and the motion carried. Alderman Anderson moved to amend Section 2 of the ordinance, which is in regard to Carrying over sidewalks, any fresh slaughtered meats on pelts, by making it read from Oct 1, to March 1. between 7 A.M. and 4 P.M. and from March 1. to Oct 1. between 7 A.M. and 6. P.M." The amendment was adapted. Alderman Schneider offered the following as Section 3.a Section 3.a That this Ordinance shall not be in effect between the hours of 1 Oclock P.M. and 6 oclock A.M. The amendment was adopted by the following Vote: Yeas- Aldermen Anderson, Fischer, Glass, Hancock, Hume, Jackson, Platt, Powell, Raymond, Redd, Schneider, Warmoth: 12 Nays - Anderson, Assmann, Dawson, Nitschke, North, Roberdeau, Shelley Taylor, Townsend- 9- 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, Assmann, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Nitschke, North, Platt, Powell, Raymond, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 20. Nay Aldermen Redd. The ordinance was accordingly read and on motion passed by the following Vote: Yeas: Aldermen - Anderson, Assmann, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Lawless, Nitschke, North, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 19. Nays Aldermen. Raymond and Redd-Total 2. (The Ordinance will be published in a few days) --- Page break --- 666 New Business- Communication of Fire Coms recommending purchase of new Truck for No 5 and report Referred to Finance Committee The following communications was read and referred to the Committee on Finance. To the Honorable Mayor and City Council: The Board of Fire Commissioners to whom was referred a petition from the Austin Hook and Ladder Company No. 1. in regard to the purchase of a new Truck, beg leave to report that it is the sense of the Board, that the request should receive your favorable consideration, and the Board would recommend the appropriation of $2500.00 or as much thereof as necessary for the purchase of a new Truck - Frank O Babcock Chief Attest - W P Ford, Recorder Austin Fire Department- Resolution to remove obstructions from Alley East Genl Office Adopted By Alderman Asomann - Be it resolved by the City Council of the City of Austin, that the Street Committee shall at once take the necessary steps to remove all obstructions from the Alley on the East of the General Land Office between Eleventh and twelfth Streets, and put the same in condition for use - Adopted. Ordinance Appropriating $1669.50 to Build Bridge over Little Shoal Creek on Nueces St. By Alderman Powell. An Ordinance Appropriating the Sum of $1669.50 for the purpose of building an Arch Culvert on West Pecos Street at the intersection of Nueces Street over Little Shoal Creek. It was read and referred to the Committee on Streets and Alleys. Resolution instructing City Engineer to Notify H&TC & A&NW R.R. Co to level track to level of main Line adopted By Alderman Glass. Be it resolved by the City Council of the City of Austin, the Houston and Texas Central Railway Company be requested by the City Engineer to raise the level of the Switch from their main line to the New Oil Mill, to the level of said main line of road; so that the Street occupied by Said Switch can be improved and put in passable condition- Alderman Fischer moved to amend the resolution by inserting therein after "Central" the words "and Austin and North Western." The amendment prevailed and the resolution as amended was adopted - Ordinance making Appropriation of $136.710.00 to pay Salaries &c from Feb. 1. to Nov 30. 1894 By Alderman North - An Ordinance Appropriating the Sum of $136.710.00 for the purpose of paying Officers and Employees of the City of Austin from Feb. 1. to Nov 30, 1894. It was read a first time and a second and third time under suspension of the rules and passed by the following vote; Yeas. Aldermen Anderson, Asomann, Dawson, Fischer, Glass Hancock, Hons, Jackson, Lawless, Nitschke, North, Platt, Powell, Redd, Raymond, Robertson, Schmider, Shelley, Taylor, Townsend, Warmoth. 21 Communication from S.V. Davis in regard to Sewarage Construction. By Alderman Taylor - To the Honorable Mayor and Aldermen of the City of Austin I beg leave to call your attention to the location of the Sewer System through Alley between Fourteenth and fifteenth Street, from Rio Grande to West Avenue and Alleys between Tenth and Eleventh, Eighth and ninth and fifth and Sixth Streets, between Rio Grande and Nueces St and would state that the several alleys are fenced and the owners of adjoining lots are unwilling that the said Sewers be located therein - I submit herewith letters from many of such owners stating their objections. The Sewer System with exception of above and across and west of Shoal Creek, will be completed in a short time, and I stand ready to complete by system through the Alleys as heretofore stated, as soon as your Honorable Board provides the right of way through same And respectfully ask for relief from said Construction, until such right of way is provided - S.V. Davis, Receiver City of Austin Sewarage Co Alderman Read moved that relief be grantedAlderman Raymond moved to amend the motion by informing --- Page break --- 667 By motion to refer the Committee on Streets and Alleys, which was lost by the following vote: Yeas. Aldermen Hume, Lawless, Platt, Raymond & Mayor. Nays. Aldermen- Anderson, Assmann, Dawson, Fischer, Glass, Hancock, Jackson, Nitschke, North, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth - 17 The motion to grant relief was then adoptedAlderman Daylor moved that an extension of one year's time be grant- ed the Austin City Sewarage Company for the laying of Sewer pipes across and West of Shoal Creek. Alderman Powell moved to amend the motion by adding thereto: "Provided, the said Company will give bond to protect said Sewer immediately after the expiration of one year-" The Amendment was lost and the original motion adopted by the following vote: Yeas. Aldermen Anderson, Dawson, Fischer, Glass, Nitschke, North, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor Townsend. Total 13. Nays. Aldermen - Assmann, Hancock, Hume, Jackson, Lawless Platt, Raymond, Warmoth - Total - 8An Ordinance defining & prescrib- By Alderman Jackson - An ordinance further defining anding duties of City Engineer and prescribing the duties of the City Engineer and Superintendent of Street Superintendent - the Streets of the City of Austin and repealing an Ordinance EnPassed to 2nd reading titled "An Ordinance creating the office of Street Commissioner of the City of Austin and prescribing the salary and duty of that officer," Approved Dec. 17, 1887- It was read first time after which, Alderman Townsend moved to refer it to the Committee on Ordinances, which was lost by the following voteYeas: Aldermen Anderson, Assmann, Fischer, Roberdeau, Shelley, Taylor Townsend. Total. 7. Nays. Aldermen Dawson, Glass, Hancock, Hume, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Schneider, Warmoth. Total. 14. A motion was then made to suspend the rules and place the Ordinance on its second reading, which was adopted by the following vote: Yeas Aldermen Anderson, Assmann, Dawson, Glass Hancock, Hume, Jackson, Lawless, Nitschke, Platt, Powell, Raymond, Redd, Schneider, Warmoth; 15. Nays. Aldermen Fischer, North, Roberdeau, Shelley Taylor, Townsend: 6. The Ordinance was accordingly read, after which a motion was made to suspend the rules and place it on its third reading, which was lost by the following vote: Yeas. Aldermen Anderson, Glass, Hancock, Hume, Jackson, Lawless, Nitschke, Platt Powell, Raymond, Redd, Schneider, Warmoth 13. Nays, Aldermen, Assmann, Dawson, Fischer, North, Roberdeau, Shelley, Taylor, Townsend; 8Appointment of Alderman Anderson moved that a Special Committee of three Special Committee be appointed to examine the time books and pay rolls of the to Examine Time Books Street forces, and investigate the issuance and sale of time checks. +c - Alderman Schneider moved to amend the motion by including "and any other supposed irregularities in regard to working the Street hands." The amendment was accepted, and the motion as amended, carried by the following vote: Yeas. Aldermen Anderson, Assmann, Fischer, Glass, Hancock, Jackson, Lawless, Nitschke, North, Powell, Redd Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 17 --- Page break --- 668 Nays - Aldermen. Dawson, Hume, Platt, Raymond, Total 4. The Chair then appointed Aldermen Anderson, Lawless and Taylor, as the Committee. Ordinance Appropriating $2500- to build Rock bridge over Waller Creek on 7th St. Referred. By Alderman Plate - An Ordinance appropriating $2500- to build a rock Culvert bridge over Waller Creek at the crossing of Seventh Street. It was read and referred to the Committee on Streets and Alleys. Ordinance Appropriating $2670 12/100 to pay Appd accts. By Alderman North. An Ordinance appropriating the sum of $2670 12/100 for the purpose of paying approved accounts. It was read first time and a second and third time under suspension of the rules and passed by the following vote: Yeas Aldermen - Anderson, Assmann, Deiman, Deichler, Glass, Hancock, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Ridd, Roberdeau, Shelley, Taylor, Downsend, and Wamoth - 19. Nays - Aldermen Schneider and Hume. The Council then adjourned until 5 o'clock P.M. Tuesday, Feb. 6. 1894. Milton Morris, City Clerk --- Page break --- 669 The minutes of an adjourned Regular Meeting of the City Council at 8 P.M. Austin Dec 6. 1894. Hon; John McDonald. Mayor, Presiding Roll Call. Present. Aldermen. Dawson, Fischer, Glass, Hancock, Hume, Jackson Nitschke, Platt, Powell, Raymond, Roberdeau, Shelley, Townsend and Warmoth – 15. Absent. Aldermen. Assmann, Lawless, Lewin, North, Redd, Schneider, Taylor. Total 7. Unfinished Business- Ordinance defining & prescribing duties of City Engineer & Repealing Ordinance Creating office of Street Commissioner An Ordinance further defining and prescribing the duties of the City Engineer and Superintendent of Streets of the City of Austin, and repealing an ordinance entitled "An Ordinance, Creating the office of Street Commissioner of the City of Austin and prescribing the Salary and duties of that Officier" approved December 19th 1887, was taken up on its third reading, and mad and on motion passed by the following vote: Yeas. Aldermen. Dawson, Glass, Hancock, Hume, Jackson, Nitschke, Platt, Powell, Raymond, Warmoth – 10. Nays – Aldermen. Anderson. Fischer, Roberdeau, Shelley, Townsend. 5. Aldermen Assmann and Redd, Entered the Council and answered to their namesNew Business- Resolution Reinstating Certain Employees, discharged by Street Superintendent- Adopted By Alderman Glass – Resolved by the City Council of the City of Austin that the City Engineer, be requested to reinstate the following old-Employees of this City, Same having been discharged by the Street Superintendent as follows – Jas Coate foreman; Ben Franklin, Teamster, Jack Kern, laborer, Jas Todd, laborer. Sec. 2. That said Employees be allowed full pay from the time of their discharge to time of their reinstate – The resolutions were then adopted by the following vote: Yeas: Aldermen Dawson, Glass, Hancock, Hume, Jackson Nitschke, Platt, Powell, Raymond, Redd, Warmoth – 11 Nays. Aldermen. Anderson, Assman, Fischer, Roberdeau, Shelley, Townsend. 6 Alderman Taylor Entered the Council and answered to his name. On the recommendation of the Mayor the Council remitted a fine of $10that was assessed in the Recorder's Court against Walter Durham – The Council then adjourned – Milton Morris, City Clerk