768 Minutes of a Regular Meeting of the City Council. Austin, Tex. Sept 3, 1894. Hon John McDonald, mayor, presiding. Roll call. Present - Aldermen Anderson, Armann, Dawson, Glass, Hancock, Hume, Jackson, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 20. Absent - Aldermen Fischer and Lawless, 2. Minutes of the meetings of the city council held Aug 20 and 27, 1894, were adopted as printed. Petitions, Etc. Petition from butchers By Alderman Linn - A petition from eleven butchers asking for an ordinance requesting the council to concentrate by ordinance the butcher business that is carried on between Magnolia avenue and the Colorado river and between Shoal and Waller creeks, at the old market square. The petition was referred to the committee on markets. Alex Chalmers By Alderman Platt - A petition from Alex Chalmers and others requesting that he be appointed a policeman from East Austin. Referred to the committee on police. Alderman Fischer entered the council and answered to his name. Seventh ward By Alderman Platt - A petition of citizens and taxpetitioners as to payers living in the Seventh and Eighth wards, on closing of alley. lot 61, division B and surrounding, complaining that the alley between East Eleventh and Chinquapin streets is gradually being closed up, and asking that relief be granted. The petition was referred to the street committee and city engineer. Sidney Blocher. By Alderman Warmoth - A petition from Sidney Blocher and others, requesting that he be appointed a policeman for Gregorytown. Referred to the police committee. W. A. White By Alderman Nitschke. A petition of citizens requesting that W. A. White be appointed a policeman. Referred to the police committee. Recorded granted Alderman Shelley moved that the city recorder be leave of absence granted leave of absence from the 14th to 28 day day of August, 1894, and the motion prevailed. Alderman Lawless entered the council and answered to his name. Reports of city officers for the month of August, 1894, By the City Assessor and CollectorCollections - Account general revenue .. $1,080.83 Account waterworks tax 530.86 Account interest on bonds issued prior to May 1890, 805.72 Account interest school tax 190.98 Total $1387.5.113 Referred to the Finance Committee. By the City Treasurer --- Page break --- 769 Account Waterworks Interest and Sinking Fund, balance interest fund $21,034.18 Sinking Fund 5,000.00 Referred to Finance Committee. By the City Treasurer - Account General Fund, balance $9,308.56 Account interest on bonds issued prior to May 1, 1890 306.07 Referred to the Finance Committee. By the City Treasurer - Account Waterworks Fund, balance on hand $77,407.68 Referred to the Finance Committee. By the City Marshal - Total amount of fines assessed in Recorder's Court $400.00 Collected in cash $171.00 Worked out 70.00 Escaped 21.00 Carried forward 138.00 Total $400.00 Referred to the Committee on Police. By the City Clerk - Statement of warrants issued against the General Fund during the month of August: Salaries of officers $1156.67 Salaries of policemen 1283.00 City cemetery 111.95 Sanitary department 375.77 Fire department 1186.32 Street, bridges and alleys 1129.43 Feed for city prisoners 83.00 City and county hospital 346.96 Printing, stationery and postage 51.30 Charity 94.16 Feed for teams 98.70 Salary of teamsters 423.40 Street lights 137.50 Salary pound officer 73.00 Salary porter 40.00 Pay Aldermen 210.00 Miscellaneous 669.63 Total $7471.09 Referred to Finance Committee. By the City Clerk - Statement of warrants issued against the Water and Light Fund during the month of August: Engineering department $773.36 Springfield Bros. 353.00 Harrison Iron Co 500.00 Ft Wayne Electric Co 14,172.91 Stillwell-Bierce and Smith-Vaile Co 229.72 Miscellaneous 1199.78 Total $18,128.77 Referred to Finance Committee. By the City Physician - Number of patients in hospital Aug. 1, 1894. 6 Number of patients admitted to hospital during August 18 --- Page break --- of the power house foundation contracted for by Messrs Brown & Dabney. From the 1st to the 20th the contractors were delayed on account of high water. Since the flood has receded the contractors have been trying to pump the water down with the same pumps, which have been tried and tested to their utmost capacity time and again. Both by the Messrs. J. F. Hurtz & Co. Owing to the insufficient capacity of these pumps they have failed thus far to accomplish anything which would indicate the completion of the work within a reasonable time. It is due to the contractors to say that on Aug. 29 they received a Minges pump, estimated capacity of 300,000 gallons per 24 hours, the efficiency of which I doubt very much; this pump they are now endeavoring to place in position. Should this pump prove to be a success, the work could be easily finished within 20 days, if not it will be necessary (in my opinion) to throw aside all the pumps now in use and put in their stead two 10-inch centrifugal pumps with engines of sufficient speed and power to run them to their utmost capacity. Very respectfully, Joseph Kapperle, Engineer. Referred to committee on water and Light. Reports of Committees. Bridge over Waller Alderman Jackson for the street committee, to whom was Creek report of referred an ordinance appropriating $1568.85 for the purCom. pose of constructing a stone arch bridge over Waller creek on East First street, presented a report thereon recommending the passage of the same. The report was laid over to be taken up with the ordinance named therein under the head of unfinished business. Brown & Dabney Alderman Taylor, for a majority of the finance comEst No 2 mittee, to whom was referred an ordinance appropriat- ing $3642.79 for the purpose of paying estimate No. 2 in favor of Brown & Dabney under their contract with the city of Austin dated June 14, 1894, offered a report thereon recommending the passage of the same. Minority Report Alderman Linn presented the following minority report: Austin, Sept 3 1894. To Hon John McDonald, Mayor and to the city council of the city of Austin: Gentlemen: The undersigned, a minority of your finance committee, to whom was referred the ordinance appropriating $3642.79 to pay estimate No. 2 favor Brown & Dabney for work done in erecting the foundation for the power house at the dam, beg to recommend no action. First, That said ordinance be laid over without action for the reason that the contractors have neglected themselves to complete the work contemplated in within a certain specified time, and that Messrs. --- Page break --- 772 Browns Dabney, have failed to carry out the terms of their contract within the time named in their contract with the city, but to the contrary under the terms of their contract with the city are forfeiting $50 per day to the city because of their failure to carry out their contract terms with the city, the date of said forfeiture running back to about August 20, 1894. The minority of your committee, without any desire or intent to reflect upon the integrity of the contractors or upon the sufficiency of bonds, beg to say: First. If this estimate is paid the contractors may be propose to surrender their contract. Secondly. In the event the estimate is paid and the contractors should surrender their contract because of their inability to complete same at contract price, then the city would be placed in one position, namely suit upon the contractors bond. The undersigned have never seen this bond; it may be a good bond it may be not. If suit be brought upon it the suit would go through all the courts, not be terminated under two years. To this litigation involves expense and worry. The undersigned believes that the city has this matter well in hand, the city is in a poor position to fully protect itself, that it would be foolish and absolutely in disregard of the rights of the people of Austin to surrender the advantages the city now has. I therefore respectfully recommend that said ordinance be not passed but that the same lay upon the table until the engineer at the dam shall make such report as will show that the contractors propose to carry out their contract. Respectfully submitted. Henry A. Lira. Fireman's Hall. Alderman Anderson moved that the reports be Report of Fire Com. laid over to be considered with the ordinance under the head of unfinished business. Carried. By Alderman Nitschke for the fire committee, to whom was referred a communication in regard to reflooring a portion of the first floor of Fireman's hall, reported verbally, recommending that the city engineer be instructed to make the necessary repairs. The report was adopted. Police Com. on the Alderman Schneider for the committee on police Colored Park to whom was referred a petition and resolution in regard to the "colored park" and the advisability of increasing the police force, asked for further time to prepare reports. Granted. Alderman Harth for the committee on ordinances, to whom was referred a petition of a majority of the owners of block 62, requesting that said block be --- Page break --- 773 placed within the fire limits, presented a report recommending the passage of an accompanying ordinance covering the request of petitioners. The report was laid over to be taken up with the ordinance therein referred to under the head of new business. Sale of School land. Alderman Anderson, for the special committee to whom was referred an ordinance authorizing and confirming the sale by the city of Austin and its Board of School trustees of its undivided interest in the Antonio de los Reyes and James Paponoce surveys of land in Kauffman and Lee counties, Report of Com. Texas, submitted a report recommending passage of same. The report was laid over to be taken up with the ordinance named therein under the head of unfinished business. Mary St. Petition By Alderman Redd, by unanimous consent, a petition as to. of citizens requesting that Mary street be put in good condition for travel. Referred to the street committee. Unfinished Business Electric Wiring An ordinance entitled “An ordinance to regulate Ordinance the supervision of electric wiring and provide penalties for violation of same in the city of Austin” was taken up on its third reading. Alderman Schneider moved to amend the ordinance in section 3 line 1. after the words board of “public works” by inserting the words “or city council”. The amendment was adopted, after which the ordinance was read a third time and passed by the following vote: Yeas - Aldermen Anderson, Aschmann, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdean, Schneider, Shelley, Taylor, Townsend, Warmoth – 22. Sale of School land An ordinance entitled “An ordinance authorizing and confirming the sale by the city of Austin and its Board of School trustees of its undivided interest in the Antonio de los Reyes and James Paponoe surveys of land in Kauffman and Lee counties, Texas,” was taken up on its second reading and passed under suspension of the rules by the following vote: Yeas- Aldermen Anderson, Aschmann, Dawson, Fischer, Glass, Hancock, Hume, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdean, Schneider, Shelley, Taylor, Townsend, Warmoth. Total 22. Brown & Dabney An ordinance entitled “An ordinance appropriatEs. No 2. ing the sum of #364.79 for the purpose of paying estimats due to Brown & Dabney under their contract with the city of Austin dated June 14, 1890” was taken up on its second reading together with the majority and minority report in reference thereto. Alderman Hume moved to substitute the minority for the majority report. Alderman Taylor moved that Messrs. Woodardge and J. W. Watson, members of the Board of Public Works, be invited to address the council in regard to the --- Page break --- payment of the estimate named in the ordinance before the council. The motion was adopted and Mr Wooldridge came forward, addressed the council and gave his reasons for believing the estimate should be paid. Mr Maddox then made a few remarks in support of the position taken by Mr Wooldridge. The city attorney, by request, explained the contract of Brown & Dabney, with the city of Austin, and took the position that the estimate was in accordance with the terms of the contract and should be paid. The motion to substitute the minority for the majority report was then put and lost by the follow- ing vote: Yeas. Aldermen Hancook, Hume, Jackson, Linn, Raymond, Redd, Warmoth; 7. Nays. Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Lawless, Nitschke, North, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Townsend; 15. Alderman Lawless then moved the adoption of the majority report and the motion prevailed by the following vote: Yeas. Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Hancook, Lawless, Nitschke, North, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; 18. Nays. Aldermen Hume, Jackson, Linn, Raymond, Redd; 5. The ordinance was then passed under suspension of the rules by the following vote: Yeas. Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Hancook, Jackson, Lawless, Nitschke, North, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; total, 18. Nays. Aldermen Hume, Linn, Raymond, Redd; total, 4. Bridge over Waller Creek: An ordinance appropriating the $1568.85. sum of $1568.85 for the purpose of constructing a stone arch bridge over Waller creek, on East First street, was taken up on its second reading, read and passed by the following vote: Yeas. Aldermen Anderson, Assmann, Dawson, Fischer, Glass, Hancook, Hume, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; total, 23. Aldermen Fischer and Linn were excused from further attendance on the session of the council. New Business. Fire Ordinance By Alderman North. An ordinance entitled Amendats An ordinance to amend an ordinance amending article 281, title 8, chapter 2, of the revised Civil Ordi- nances of the City of Austin, approved September 18, 1890. The object of the amendment is to include Block 62 about mentioned, in the fire limits. The ordinance was read first time and a second and third time under a suspension of the rules and passed by the following vote: Yeas. Aldermen Anderson, Assmann, Dawson, Glass, Hancook, Hume, Jackson, Lawless, Nitschke, North, --- Page break --- Platt, Powell, Raymond, Redd, Roberdean, Schneider, Shelley, Taylor, Townsend, Warmoth - 20. By Alderman Anderson - An ordinance amending article 70, chapter 3, title 4 of the revised civil ordinances of the city of Austin." The object of the ordinance is to change the place of meeting of the city council from the city hall to the Firemans hall. The ordinance was read, after which Alderman Schneider moved to refer it to the Fire Committee. Alderman Anderson moved as a substitute that it be referred to the committee on ordinances. The substitute was lost by a viva voce of 9 to 10 and the original motion prevailed. Alderman Horne was excused from further attendance on the session of the council. Approved Accts $1473.28 By Alderman Taylor - An ordinance appropriating the sum of $1473.28 for the purpose of paying approved accounts. The ordinance was passed under suspension of the rules by the following vote: Yeas - Aldermen Anderson, Asmann, Dawson, Gilles, Hancock, Jackson, Lawless, North, Platt, Powell, Redd, Roberdean, Shelley, Taylor, Townsend, Warmoth; 18. Nays - Aldermen Nitschke, Raymond, Schneider. Brown & Dabney $1000 for freight. By Alderman Anderson - An ordinance appropriating the sum of $1000 for the purpose of paying freight and other miscellaneous accounts of Brown & Dabney while constructing the foundation of the power house. The following was then read: "Resolved, That the city council be requested to appropriate the sum of $1000 for the purpose of paying freight and other miscellaneous expenses of Brown & Dabney, while constructing the foundations of the power house. Payments to be made only on properly approved vouchers." I hereby certify that the foregoing resolution was adopted by the Board of Public Works at a meeting held Sept 3, 1894. Milton Morris, Acting Secretary Board of Public Works. The ordinance was read and referred to the committee on Finance. Wingfield Bros Es No 5 $3749.78 By Alderman Anderson - An ordinance appropriating the sum of $3749.78 for the purpose of paying estimate No 5 of work done by Wingfield Bros as per contract. It was passed under suspension of the rules by the following vote: Yeas - Aldermen Anderson, Asmann, Dawson, Glass, Hancock, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdean, Shelley, Taylor, Townsend, Warmoth - 18. Nays - Alderman Schneider. By Alderman Shelley - An ordinance regulating encumbrances on public places and freeways and By Alderman [illegible] Nitschke. --- Page break --- 776 moved that it be referred to the committee on ordinances without being read and the motion prevailed. Alderman Ritschke moved that the council stand adjourned. The motion was lost by a rising vote of 8 to 4 Alderman Raymond offered the following; Mr Mayor - I desire to know whether or not the water pipes will be laid in all parts of the city as originally contemplated under the dam system of waterworks, and also the electric light system, and if not, why not. And I further ask that this inquiry and answer be published in the regular proceeding of this meeting of the council. Alderman Ritschke moved that the council stand adjourned and the motion prevailed. Milton Morris, City Clerk.