733 The Minutes of a Regular Meeting of the City Council. Austin, Tex, July 02, 1894. Hon Henry S Linn, president of the Board of Aldermen, presiding. Roll call. Present, Aldermen Anderson, Fischer, Glass, Hunne, Jackson, Linn, North, Platt, Raymond, Schneider, Taylor, Warmoth; 12. Absent, Aldermen Assmann, Dawson, Hancock, Lawless, Nitsche, Powell, Redd, Roherdrew, Shelley, Townsend; 10. Alderman Platt moved to amend the minutes of the meeting of the city council held June 18, 1894, relative to the petition of Capt. A.N. Leitnaker, general superintendent Austin and Northwestern Railroad company, for permission to provide a passenger depot for his road at the northeast corner of Congress avenue and Third street, by making it appear that the rising vote there shown was on a motion made by him to amend the motion made by Alderman Linn by striking out the words "with power to act." The motion was lost and the minutes were approved as printed. Aldermen Powell, Hancock, Lawless, Dawson, Assmann, Redd, Shelley and Nitsche entered the council and answered to their names. Petitions, Etc. J.J. Pitt By Alderman Platt - A petition from J.J. Pitt, bearing the recommendation of the mayor, requesting that a fine assessed in the recorder's court against Charles Briggs be remitted. The petition was granted by the following vote: Yeas: Aldermen Assmann, Dawson, Fischer, Glass, Hancock, Hunne, Lawless, Nitsche, Platt, Powell, Raymond-11 Nays: Aldermen Anderson, Jackson, Linn, North, Redd, Schneider, Shelley, Taylor, Warmoth-9. William Bruggerhoff By Alderman Jackson- A petition from William Bruggerhoff for permission to erect an iron stairway on West Tenth street leading on gallery from West Tenth street in place of the wooden stairway which has been removed. This property is known as the Charles Krohn estate. It was referred to the street committee with power to act. Alderman Townsend entered the council and answered to his name. James Byrne On the recommendation of the mayor a fine of $15 that was assessed in the recorders court June 28, 1894 against James Byrne was remitted. Report of the city officers for the month of June 1894: By the City Treasurer. Collections. Collections: Account general revenue $11,388.13 Account water works tax 14,245.03 Account interest on bonds issued for pav. & filling h. 1874 343.45 Account schools tax 1'493.40 Total $20,470.81 --- Page break --- 734 Referred to Finance Committee. By the City Treasurer- Account waterworks tax, bal. July 2, '94. $ 4,421.81 Account interest fund 5000.00 Account sinking fund Referred to the Finance Committee. By the City Treasurer- Balance on hand July 2: Account general fund $ 6001.68 Referred to Finance Committee. By the City Treasurer- Account Water and Light General fund: Balance July 2, 1894 $125,614.20 Referred to Finance Committee By the City Marshal- Statement of fines assessed in the recorder's court $405.00 Collected in cash 132.00 Worked out 110.00 Carried forward 140.00 Appealed 5.00 Escaped 8.00 New trial and acquitted 10.00 Total $405.00 Total number of arrests made. Referred to Police Committee. By the City Sexton- Total number of deaths 21 White 20 Colored 3 Male 11 Female 12 Referred to Cemetery Committee. By the City Physician- Number of patients in hospital June 1, 1894 15 Number of patients admitted to hospital during June 1894 10 Number of patients discharged from hospital during June 1894 12 Number of deaths in hospital during June, 1894 4 Number of patients remaining in hospital July 1. 1894 9 Number of visits made paupers in the city during June 92 Number of prescriptions written paupers during June 153 Number of cases of scarlet fever reported in the city during June 1 Referred to hospital committee. By the City Clerk. Statement of warrants issued against the General fund: Salaries of officers $6196.67 Salaries of policemen 1205.00 City Cemetery 22.92 Sanitary Department 437.68 Fire Department 601.00 Streets, bridges and alleys 782.47 Meals for City prisoners 30.75 City and County hospital 343.73 Printing, stationery and postage 73.85 --- Page break --- 735 Charity 138.31 Feed for teams 106.92 Salaries of teamsters 524.30 Street lights 137.50 Salary of pound officer 73.00 Salary of porter 40.00 Pay of aldermen 210.00 Miscellaneous 186.06 Total $1110.06 Referred to Finance Committee. By the City Clerk - Statement of warrants issued against the Water and Light fund: Engineering department $1328.58 H. L. Brenum, account power house 1606.33 Howard Harrison Iron Co (pipe) 14000.00 Wingfield Bros, laying pipe 6241.96 Fort Wayne Electric Co, account towers, etc 4512.80 Submerged lands 240.00 Miscellaneous 763.71 Total $28693.38 Referred to Finance Committee. Reports of Committees. Street Com. Report. Alderman Jackson, for the committee on streets and bridges Opening alley. to whom was referred the petition of citizens of the Sixth ward asking that the alley running through block No 3 of Raymond addition be opened, presented a report thereon which states that "we have examined same and find that the majority of the property owners of said block desire the alley opened, and in our judgment it should be opened. We therefore recommend that the petition be granted and that the city marshal be instructed to notify parties having fences across same to remove them." The report was adopted. Street Com. Report. Alderman Jackson, for the committee on streets and bridges Opening Alley. to whom was referred the petition of property owners abutting on alley in block 33, division C, requesting that said alley be not closed, submitted a report thereon which states: "We find the alley partially closed and that James O'Reiley is the owner of a part of the land in said alley, 10 feet wide by long. We recommend that the alley be reopened, provided the owners of the abutting property pay the said James O'Reiley for his part of the alley." The report was adopted. Street Com. Rept. Alderman Jackson, for the street committee, to Fairview Bridge. whom was referred the report of the city engineer concerning the dangerous condition of bridge in Fairview park, also presented a report thereon which states that "after careful examination we find the bridge in a dangerous condition and therefore recommend that the sum of $140, as per estimate made, be appropriated for the purpose of repairing same and offer an ordinance covering same." Alderman North moved that the report be --- Page break --- 736 laid over to come up under the head of new business with the ordinance referred to therein. Carried. Protection Hose Com. N'o3 Com. Report Alderman Ritschke, for the committee on fire department, to whom was referred the petition of Protection Hose Company N'o3, requesting the City to have their hose carriage repaired and painted, presented a report thereon, which states that "we find after a careful examination the front wheels are in bad repair, needing new felloes and tires and the carriage is badly in need of paint. We recommend that the sum of $125 be appropriated to make the above repairs, as we consider the carriage is in unsafe condition at present." The report was adopted. East A. Hose Co. N'o4 Com. Report Alderman Ritschke for the committee on fire department to whom was referred the petition from East Austin Hose Company N'o4, calling the council's attention to needed repairs on truck house and asking an appropriation of $157.70, offered a report thereon which states: "We find the building in the condition stated in their petition and badly in need of the repairs asked for. We would therefore recommend that the petition be granted." Alderman North moved to amend the report by striking out recommendations in so far as they relate to window screens and cedar pavement. The motion was lost and the report adopted. City Cemetery- Water Alderman North, for the committee on ordinances to whom was referred an ordinance making provision for supplying the city cemetery with water during the months of July, August and September, 1894, offered a report recommending the passage of the same with amendment, fixing the amount of the appropriation at $225. The report was laid over to be again taken up with the ordinance named therein under the head of unfinished business. City of Austin Sewerage Co. Alderman Dawson, for the committee on sanitation and sewerage, to whom was referred a petition of the City of Austin Sewerage Company, asking for permission to use the Van Vranken Automatic flush tank in place of the ones originally proposed, submitted a report thereon recommending that the same be granted. The report was adopted. C J Martin Alderman North, for the committee on purchases, reported verbally that the committee had advertised and received bids for supplying the city's mules with forage during the quarter ending September 30, 1894, and that the bid of C. J. Martin was the lowest received, and that the contract had been awarded to him, conditioned that he furnished the necessary bond. The report was adopted. Alderman Taylor offered the following majority report: Austin, Tex, July 2d 1894 To the Honorable City Council: Your special committee, to whom was referred the petition of the Austin and Northwestern Railroad Company for leave to use Third street --- Page break --- 737 east of its intersection with Congress avenue for depot purposes etc, etc, have had the same under consideration, and recommend that the said petition be granted upon the following terms: First. The cars of said company shall not be permitted to remain on the track or switch on Third street longer than delay be necessary to load and unload passengers, baggage and express matter on the departure and arrival of trains. Second. No switching nor making up of trains shall there be permitted. Third. The sheds, etc, to be [illegible] by said company shall be constructed subject to the approval and direction of the fire committee. Fourth. The leave granted said Austin and Northwestern Railroad Company to so occupy Third street shall be and remain revocable at any and all times, and without notice, by the City Council. We believe by granting this petition no injury shall be done any private person, and that it will be a convenience to the public at large, because if said com- pany should now have to use its old depot on the outskirts of the city for passenger purposes the traveling public would thereby be placed to considerable inconvenience. Respectfully submitted Henry A. Limm H. A. Jackson Thomas F. Taylor A. W. Townsend. C. P. Randolph Alderman Platt presented a protest from P. W. John, C. P. Randolph and C. J. Randolph against granting the petition and the following minority report: Minority Report. Austin, Tex, July 2, 1894. To the Mayor and City Council of Austin: Gentlemen - The undersigned, a member of the special committee to whom was referred the petition of A. N. Leitmaker, asking for permission to extend a switch on Third street, to be used by the Austin and Northwestern railroad begs to submit that in his opinion such permission should not be granted for following reasons: First. When the Austin and Northwestern railroad entered Austin every facility was granted it by the city council necessary for the establishment of a depot, and the building of all needful tracks, turnouts and switches, which will appear from the ordinance then passed. Second. Said Austin and Northwestern railroad built and now own a depot which has been considered fully adequate, and appropriate for the purposes for which it was intended and which in the opinion of the undersigned should now be used by said company, if it is unwilling to make the necessary --- Page break --- 738 arrangements for depot facilities at the Union depot. Third. Because in the opinion of the undersigned, the granting of said petition would unnecessarily inflict serious damage and inconvenience on the owners of adjacent property and in this connection reference is here made to the communications of C. P. Randal ph and others. Fourth. Because the undersigned has been informed that the International and Great Northern Railroad Company is willing to afford the Austin and Northwestern Railroad company all proper depot accommodations at a reasonable charge. This being true, no necessity exists for laying a second track on a street already partially obstructed by one. R. Platt. Alderman Glass moved to substitute the minority report for the majority report, which was lost by the following vote: Yeas. Aldermen Anderson, Asmann, Glass, Hancock, Nitschke, Platt, Raymond, Schneider, 8. Nays. Aldermen Dawson, Fischer, Henne, Jackson, Linn, North, Redd, Shelley, Taylor, Townsend, Warmoth, 11. Excused from voting. Aldermen Lawless and Powell, 2 Alderman Shelley was called to the chair. Alderman Anderson moved to lay the petition on the table, which was lost by the following vote: Yeas. Aldermen Anderson, Asmann, Glass, Hancock, Nitschke, Platt, Raymond, Schneider, 8. Nays. Aldermen Dawson, Fischer, Henne, Jackson, Linn, North, Redd, Shelley, Taylor, Townsend, Warmoth, 11. Excused from voting, Aldermen Lawless and Powell; 2 Alderman Linn in the chair. Alderman Nitschke moved to adjourn until tomorrow evening at 5 o'clock, which was lost by the following vote: Yeas- Aldermen Asmann, Glass, Nitschke, Platt, Powell, Raymond; 6 Nays- Aldermen Anderson, Dawson, Fischer, Hancock, Henne, Jackson, Lawless, Linn, North, Redd, Schneider, Shelley, Taylor, Townsend, Warmoth; 15 Alderman Fischer moved the adoption of the majority report Alderman Schneider moved to recommit. Alderman North moved the previous question which was duly seconded, after which the question "shall the main question now be put" was put and carried by the following vote: Yeas. Aldermen Dawson, Fischer, Henne, Jackson, Linn, North, Redd, Shelley, Taylor, Townsend, Warmoth; 11. Nays- Aldermen Anderson, Asmann, Glass, Hancock, Nitschke, Platt, Powell, Raymond, Schneider; 9 Excused from voting. Alderman Lawless. The question then, "that the pending question was the one made to adopt the majority report, --- Page break --- 739 Alderman Glass made the point of order that the motion to recommit was the main question. The chair ruled that the point was not well taken, whereupon Alderman Glass appealed from the ruling, resulting in the chair being sustained by the following vote: Yeas- Aldermen Dawson, Fischer, Hancock, Hume, Jackson, North, Raymond, Redd, Shelly, Townsend, Warmoth- 10 Nays- Aldermen Anderson, Assmann, Dawson, Glass, Nitschke, Platt, Powell, Schneider, Taylor- 9. Excused from voting- Aldermen Lawless and Linn. The majority report was then adopted by the following vote: Yeas: Aldermen Dawson, Fischer, Hancock, Hume, Jackson, Linn, North, Redd, Shelly, Taylor, Townsend, Warmoth, -11 Nays: Aldermen Anderson, Assmann, Glass, Hancock, Nitschke, Platt, Powell, Raymond, Schneider- 9. Aldermen Assmann and Nitschke were excused from further attendance upon the council. Alderman Glass moved that the council stand adjourned. Lost by the following vote: Yeas- Aldermen Dawson, Glass, Hume, Platt, Raymond, Redd, Schneider, 7 Nays- Aldermen Anderson, Assmann, Fischer, Hancock, Jackson, Lawless, Linn, North, Powell, Shelly, Taylor, Townsend, Warmoth, 12. Alderman Raymond was excused from further attendance upon the council. Message from the Mayor- Lights on Cemetery. The following message was received from the mayor: Austin, July 2d To the Honorable Board of Aldermen of the City of Austin: Gentlemen- It will be necessary to bring our electric light poles from Fifth street, near Bowie street, across to West Avenue, where Fifth street would intersect the said avenue if continued east. I would therefore respectfully recommend that the necessary steps be taken at once to condemn said strip for street purposes. I would also recommend that an appropriation of $75 per month, for three months, be made for supplying the city cemetery with water, and that the necessary amount be paid to the chairman of the cemetery committee each month to secure water. John McDonald, Mayor. [illegible] on Com on Lights & 5th St 2" P & I On motion of Alderman Anderson, a committee of three, consisting of Aldermen Anderson, Hancock and Schneider, was appointed to consider the recommendations of the mayor concerning Fifth street. Alderman Warmoth introduced the following: "Resolved, That the street committee be and they are hereby instructed to have East Ninth street between Red River and Neches streets graded and placed in good condition for travel." Referred to street committee with power to act. --- Page break --- 740 Ordinance License Tax Liquors Alderman Hancock introduced an ordinance to amend section 2. of an ordinance entitled "An ordinance to regulate the sale of spirituous, vinous or malt liquors, levying an occupation tax on every person, firm, or association of persons, selling such liquors, to define the time and manner of collecting such tax and fixing a penalty for the violation of same. Approved August 9. 1893." On motion of Alderman Townsend it was referred to the ordinance committee. #223 Cemetery. An ordinance appropriating the sum of $275 for Water to be used at the city cemetery, came up on its third reading and passed by the following vote: Yeas- Aldermen Anderson, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Lawless, Linn, North, Powell, Redd, Schneider, Shelley, Townsend, Warmoth; 16. Nays- Aldermen North, Taylor; 2. Alderman Glass moved to adjourn until 8 oclock tomorrow night. Lost by rising vote of 7 to 10. Alderman Dawson moved to adjourn until 5 o'clock tomorrow afternoon. Lost by rising vote of 6 to 11. (Alderman Schneider was here called to the chair) Alderman Hume and Lawless were excused from further attendance on the council. $1485.35. Approved Accounts. By Alderman Taylor. An ordinance appropriating the sum of $1485.35 for the purpose of paying approved accounts. 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 lost by the following vote: Yeas. Aldermen Anderson, Fischer, Hancock, Jackson, Linn, North, Platt, Powell, Shelley, Taylor, Townsend, Warmoth-12. Nays- Aldermen Dawson, Glass, Redd, Schneider. 4. Alderman Anderson moved that the council adjourn until tomorrow afternoon at 5 o'clock. Alderman Glass amended by substituting 8.30 o'clock tomorrow night. The amendment prevailed by the following vote: Yeas- Aldermen Anderson, Dawson, Fischer, Glass, Hancock, Jackson, Linn, North, Powell, Redd, Schneider. Nays- Aldermen Platt, Shelley, Taylor, Townsend, Warmoth- 5. Milton Morris, City Clerk --- Page break --- 742 foundation. On June 19th the contract for rebuilding the foundation was let to Brown & Dabney. But not until the 22nd were they able to begin operations owing to the non-arrival of their tools, etc, and the great flow of water over the dam. They have since been engaged in putting their engines and pumping machinery in working order. They are now building a timber coffer dam at the north end of the power house foundation and putting pumps and engines in position, ready for pumping. The average depth of water over the crest of the dam for the past 30 days is 1.9 feet. The greatest depth during the month was 3.4 feet. Respectfully, Joseph Kepperle, Engineer #5000. Ft Wayne The following from the Board of Public Works was read: Electric Co. freight Resolved, that the City Council be requested to make charges. an appropriation of five thousand ($5000) dollars out of the water and light fund for payment of freights and other advance charges on material forwarded by the Fort Wayne Electric Company, to be paid out on vouchers approved by the Water and Light and Finance committee of the city council and charged up to the Fort Wayne Electric Company. The foregoing resolution was adopted by the Board of Public Works at a meeting held July 3, 1894. Milton Morris, acting Sec'y. On motion the resolution was laid over to come up with the ordinance on the same subject. $1483.35 Approved An ordinance appropriating the sum of $1483.35 accounts. for the purpose of paying approved accounts came up on its second reading and was read. Cemetery. Miss Alderman Anderson moved that the city clerk be Laura Brush directed to pay the $225 appropriated by the cemetery to receive the ordinance to Miss Laura Brush, secretary of the money. Ladies Cemetery Association, paying $75 each month in advance for the months of July, August and September of this year. Adopted by a rising vote of 7 to 4. $500. St. Labor By Alderman Schneider- An ordinance appropriating the sum of $500 out of the revenue derived from the dog tax for extra labor on the street. Read. $140 Bridge at By Alderman Jackson- An ordinance appropriatFairview Park ing the sum of $140 for the purpose of repairing bridge in Fairview Park. Read. $18165.42 Exp. By Alderman Anderson- An ordinance approW & L Sys. priating the sum of $18165.42 for the purpose of paying certain expenses connected with the construction of the Water and Light System for the City of Austin. Read. $150.70 [illegible] By Alderman Kursheer. An ordinance appropriating the sum of one hundred and fifty, and 70-100 dollars for purpose of repairing sidewalk and paving in front of East Austin Place --- Page break --- 743 $125 Protection H 7 Co No 3 Company No 4. Read. By Alderman Lawless. An ordinance appropriating the sum of $125 for the purpose of repairing and painting hose carriage of Protection Hose Company No 3. Read. On motion of Alderman North, the council adjourned Milton Mills, City Clerk