Minutes of a Regular Meeting of the City Council, Austin Tex. Sept 17, 1894. Hon John Mc Donald, mayor, presiding. Roll call. Present Aldermen Anderson, Assmann, Dawson, Tinker, Glenn, Hanna, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Robertson, Schneider, Shelley, Taylor, Townsend, Warmoth; 21. Absent- Alderman Hannecox. The minutes of the meeting of the council held Sept 1, 1894 were adopted as printed. Time of meting changed. Alderman North moved that hereafter and until further notice, all regular meetings of the council shall begin at 8 o'clock P. m. Carried. Petitions, Etc. C. J. Martin By Alderman Anderson. A petition from C. J. Martin for permission to erect a platform wagon scale on Colorado street, corner of West Sixth near southeast corner of block 71. Alderman Anderson moved that the petition be granted. Alderman Schneider moved to amend the motion by referring the petition to the street committee, with power to act. The amendment was accepted and the motion as amended carried. M. Schlochaur By Alderman Platt. A communication from M. Schlochaur stating that Louis Smith, driver of a city team, owes him $4.95 which he refuses to pay and requesting the council to require him to pay the amount. Alderman Linn moved to refer the communication to the committee on claims and accounts, and the motion prevailed. Reports of Committees. Brown & Dabney Report on Ord of $1000 Alderman Taylor, for the committee on Finance, to whom was referred an ordinance appropriating $1000 for the purpose of paying freight and other miscellaneous accounts of Brown & Dabney while constructing the foundation of the power house, presented a report thereon, recommending the passage of the same and requested that the report be laid over to come up with the ordinance named therein, under the head of unfinished business, and it was so ordered. Report on butchers petition Alderman Redd, for the committee on markets, to whom was referred a petition of butchers requesting the city council to concentrate the meat markets within certain limits at the old market square, offered a report thereon which states: "We respectfully recommend that the above petition be not granted, as we are informed that it would be a hardship to a great many citizens." The report was adopted. Report on changing missing fence of Council Alderman Nitschke presented the following report: Austin Tex. Sept 17, 1894. To the Honorable Mayor and Board of Aldermen of the City of Austin. [illegible] Your committee on [illegible], to whom was referred the connections to arrange the meeting rooms of the city [illegible] present [illegible] the city [illegible] to [illegible] report that they have given the subject careful consideration by visiting the [illegible] proposed to be used and having --- Page break --- 778 conferences with the members of the several companies occupying it. From statements made by the members of the companies we are informed that they have expended in the neighborhood of one thousand dollars ($1000) improvements in the way of furniture, painting, decorations and numerous other fixtures to add to the comfort and convenience of the hall, all of which expense has been borne by the companies occupying it, believing they were to have the pleasure and comfort of the hall to themselves. They protest against the city occupying the hall as it will destroy their pride in the place and be the means of causing them to lose interest in the service. This hall is their social home wherein they gather for business and recreation, and to litter the room up with desks and other furniture necessary for the use of the council would exclude them entirely from all social features and pleasure. We also want to call attention to several articles in the public press criticizing this question. In justice to the companies we wish to report that they deny any responsibility of the articles and they have no favor nor support from them. They recognize with their admirable discipline that they are servants of the city and it is their duty to obey and not to hesitate or show insubordination at any demands that may be made upon them, but they feel with all the sacrifices they are ready to make of labor, life and limb that they should have a just and fair consideration given to their claims of being left in peaceful possession of their hall. With all the facts before us your committee feel it would be an injustice and ungrateful conduct on the part of the city to enter on them when there is no great necessity for the demand and recommend that the subject be dropped by this board. All of which is respectfully submitted. F B Nitschke P J Lawless George P Assmann. The report was adopted. Alderman Schneider presented the following report. Austin, Sept 17. To the Hon John McDonald, mayor, and the Board of Aldermen of the City of Austin: Gentlemen- Your committee on police to whom was referred the resolution of Alderman Raymond authorizing the employment of special officers, and the petition of citizens of the Seventh and Eighth wards asking the park on Robertson Hill, known as Chenico's Park, be condemned and abated as a nuisance, beg leave to report that there is now before the and[illegible] committee an ordinance which in the opinion of your committee will, if adopted, so regulate the matters complained of so that the nuisance will be abated. J P Schneider. W D Shelley, Committee on Police --- Page break --- The report was adopted. Alderman Shelley presented the following report. Austin, Tex. Sept 16, 1894. John Tuttle - Report on his claim To the Hon John McDonald, Mayor and Board of Aldermen of the city of Austin: Gentlemen- Your committee on claims and accounts, to whom was referred the petition of John Tuttle asking that he be allowed the value of a horse afflicted with hydrophobia, condemned and killed by order of Drs Rogers and Stivey, beg leave to report that they find upon examination that a horse thus afflicted has no value, and therefore recommend that the petition be not granted. W. D. Shelley. Chas. P. Raymond. A. Platt. Committee on Claims and Accounts. The report was adopted. Unfinished Business. Brawn + Dabney $1000. An ordinance to appropriate the sum of $1000 for the purpose of paying freight and other miscellaneous accounts of Brawn + Dabney while constructing the foundation of the power house, was taken up on its second reading together with the report of the committee on finance thereon. The ordinance was read a second time and withdrawn. New Business. Electric Wiring - & Resolutions By Alderman North. A resolution regulating the construction, alteration and repairs of all electric wires, the running and maintaining of electric plants within the city of Austin. It was referred to a special committee, consisting of Aldermen Paylon, Fischer, Nitschke, Raymond and Lawless. Amendment to hay, feed &c ordinance By Alderman North. An ordinance amending article 196, title V, chapter 3, of revised penal ordinances of the city of Austin. The article, if adopted, will read as follows: "Article 196. That it shall not be lawful for any person or firm within the fire limits of this city to keep on hand any hay, fodder, straw, shucks, shavings or other combustible material in an open lot, alleyway, street, or other place, but any one person on firm may keep on hand for their own use, in a building provided for that purpose, not to exceed two thousand(2000) pounds of hay, fodder or shucks; and provided further, that all hay, fodder, straw, shucks or long forage, kept for sale by any person or firm within the fire limits, shall be baled, pressed and bound with iron ties or wire in bales not more than four hundred pounds each; and when kept for sale within the fire limits, it shall be kept in a brick, stone or concrete buildings, covered with metal, slate or gravel". Alderman Powell moved to refer the ordinance to the committee on fire department. Alderman Anderson moved as a substitute that the rules be suspended and the ordinance be placed on its second reading. The substitute was --- Page break --- 780 adopted by the following vote: Yeas- Aldermen Anderson, Dawson, Fischer, Glass, Hume, Jackson, Lawless, Linn, North, Platt, Powell, Raymond, Redd, Roberdean, Schneider, Shelley, Townsend- 17. Nays- Aldermen Asmann, Nitschke, Paylon, Warmoth- 4. The ordinance was then read a second time, after which Alderman Raymond moved to amend the same by providing that 25,000 of loose hay may be kept on hand for sale. Alderman Linn moved to amend the motion by providing that 2000 pounds of loose hay, fodder, straw or shucks and 25,000 pounds of baled hay may be kept for sale. The amendment was accepted, after which it was lost by a rising vote of 7 to 11. Alderman Anderson moved to suspend the rules and place the ordinance on its third reading, which was lost by the following vote: Yeas- Aldermen Anderson, Dawson, Glass, Jackson, Lawless, North, Powell, Redd, Roberdean, Schneider, Paylon, Townsend; 12. Nays- Aldermen Asmann, Fischer, Hume, Linn, Nitschke, Platt, Raymond, Shelley, Warmoth; 9. $5601² Aus. L & P. Co. By Alderman Anderson- An ordinance appropriating the Rent hydrants. sum of $5601² for the purpose of paying the receiver of the Austin Water, Light and Power company rental of fire-fire hydrants from Sept 16, 1893 to June 30, 1894, inclusive. It was passed under suspension of the rules by the following vote: Yeas- Aldermen Anderson, Asmann, Daw[illegible], Fischer, Glass, Hume, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdean, Schneider, Shelley, Paylon, Townsend, Warmoth; total 20 Nay- Alderman Linn- The following was read: Austin, Tex. Sept 07, 1894. To the Hon. Mayor and Board of Aldermen: S K Morley, Resigna- Gentlemen- I hereby respectfully tender my resignationtion as member B P as a member of the Board of Public Works of this City. [illegible] Morley W. Alderman North moved that the resignation be accepted and the thanks of the city council tendered the gentleman for his efficient services while a member of the Board. The motion was unanimously adopted. The mayor presented the following: Austin, Tex. Sept 12, 1894. Veto of Ord. to const. Gentlemen of the City Council: bridge over Waller Creek. I very respectfully return to your honorable body without my approval An ordinance appropriating the sum of $1568.45 for the purpose of constructing a stone arch bridge over Waller creek on East First Street, passed by the city council on Sept 3, 1894. While I am personally in sympathy with the project and consider the erection of a good bridge at that place desirable, I am compelled to object to said ordinance on financial grounds. The estimated total available resources of the --- Page break --- city for general purposes during the present fiscal year was $90,369, and the fixed charges against said sum amounted to $71,811 which left a balance of only $11,559 and of this amount the sum of $15,873.97 has been expended by direction of the city council, leaving a balance of only $2,984.03 to cover the expenses of the city other than the fixed charges, to the end of the present fiscal year, a period of nearly three months. We are now paying out $500 per month for extra street labor, and about as much more for other extra expenses, and by the end of the year this available balance will be exhausted, and the bridge contemplated by the accompanying ordinance cannot be built without creating a debt which is prohibited by the charter. Section 104 of the city charter reads as follows: "That the receipts of money during any fiscal year other than from special funds provided to pay interest and sinking funds on bonds of the city shall be applied to the payment of expenses and indebtedness incurred during such fiscal year; and no debt other than such as may be authorized by a vote of the taxpayers as is provided for in this act shall be incurred, to be paid after the end of the fiscal year in which it may be incurred." The ordinance is therefore returned disapproved. Very Respectfully John McDonald, Mayor. Alderman Linn moved that the vote by which the ordinance named in the veto passed be reconsidered and the motion prevailed. The question "shall the ordinance pass, notwithstanding the veto of the mayor" was put and decided in the affirmative by the following vote: Yeas- Aldermen Anderson, Ammann, Dawson, Fincher, Glass, Hume, Jackson, Lawless, Nitschke, Platt, Powell, Raymond, Rudd, Schneider, Taylor, Warmoth; total 16. Nays- Aldermen Linn, North, Robertson, Shelley, Townsend; total 5. By Alderman Linn- An ordinance appropriating the sum of $480 for the purpose of paying the Board of Appraisers of the city of Austin for the year 1894. It was passed under suspension of the rules by the following vote: Yeas- Aldermen Anderson, Ammann, Dawson, Fincher, Glass, Hume, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Rudd, Robertson, Schneider, Shelley, Taylor, Townsend, Warmoth; total 21. By Alderman Linn- An ordinance appropriating the sum of $17500 for the purpose of paying interest on the water works and electric light bonds of the city of Austin, due October 1, 1894. It was passed under suspension of the rules by the following vote: Yeas, Aldermen Anderson, Ammann, Dawson, Fincher, Glass, Hume, Jackson, Lawless, Linn, Nitschke, North, Platt, Powell, Raymond, Rudd, Robertson, Schneider, Shelley, Taylor, Townsend, Warmoth; 21. Nay Alderman [illegible]. Received by the city council --- Page break --- 782 Minutes c. of the City of Austin. That the city clerk be required, at the next regular meeting of the council, to furnish the amounts expended in each ward out of the general improvement fund within the last two years. It was read and laid on the table by the following vote: Yeas- Aldermen Anderson, Assmann, Fischer, Linn, Nitschke North, Robertdeau, Shelley, Taylor, Townsend, Warmoth- 11 Nays - Aldermen Dawson, Glass, Hunne, Jackson, Lawless, Olatt, Powell, Raymond, Redd, Schneider - 10. Alderman Nitschke moved that the council stand adjourned and the motion prevailed. Milton Morris, City Clerk.