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Austin Telephone Franchise Debate 1894

Monday, November 5, 1894 regular

Telephone Competition: Two companies—National Telephone Company and Anthony Electric Company—both petitioned the city for permission to build telephone exchanges and infrastructure, sparking significant council debate over which company should operate Austin's first telephone system.

Water and Electricity Investment: The city approved over $16,000 to cover construction expenses for a new municipal water and electric light system, demonstrating Austin's commitment to modernizing its infrastructure.

Election for Ward Representation: The council passed an ordinance creating ward-based elections to select aldermen from 11 different districts across the city, establishing voting locations and poll judges for each ward.

Infrastructure Projects: The council authorized construction of a stone arch bridge over Little Shoal Creek and approved purchasing land to connect West Fifth Street to West Sanita Street, improving city transportation routes.

Small Municipal Expenses: Routine business included spending $100 on a street mule for city operations and $500 on street and sanitary labor—showing day-to-day costs for running a growing city.

Full Transcript

5 Minutes of a Regular Meeting of the City Council. Austin, Tex. Nov 5. 1894. Hon John McDonald, mayor, presiding. Roll call. Present: Aldermen Aumann, Dawson, Fischer, Hearne, Jackson, Linn, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend. 17. Absent: Aldermen Anderson, Haws, Hancock, Lawless, Warmoth. 5. The minutes of the meetings of the city council, held respectively on the 1st, 23d and 26th days of October were approved as printed. Alderman Anderson entered the council and answered to his name. National Telephone Co. By unanimous consent Alderman Taylor introduced an ordinance entitled "An ordinance granting the National Telephone Company of Austin, Tex," the right to place and maintain its poles and lines in the streets, alleys and public ways of the city of Austin, state of Texas, and to operate a telephone exchange on the terms and conditions herein stated." It was read the first, after which Alderman Linn moved to refer it to the ordinance committee. Alderman Taylor moved as a substitute to suspend the rules and place the ordinance on its second reading. Alderman Linns motion was then carried. On motion, the council adjourned until Friday night at 8 o'clock. Milton Morris, City Clerk. --- Page break --- 6 Minutes of an Adjourned Regular Meeting of the City Council. Austin, Tex, Nov 9, 1894. Hon. John McDonald, mayor, presiding. Roll call. Present Aldermen Anderson, Usener, Glass, Hanner, Hise, Jackson, Lawless, North, Platt, Raymond, Roberdeau, Saylor, Tausig, and, Warnoth; 13. Absent: Aldermen Dawson, Fischer, Sterner, Kirene, Nitschke, Powell, Redd, Schneider, Shelley; 9. Petitions, Etc. W. Holy By Alderman Lawless. A petition from W. Holy requesting the city council to remit a fine of $20 that was assessed against him in the recorders court. On the recommen-dation of the mayor the petition was granted. W. L. Nitschke A petition from Mr W. L. Nitschke, city sexton, for leave of absence for 10 days was read and granted. Aldermen Powell and Redd entered the council and ans-wered to their names. Anthony Electric Co By Alderman Glass. A petition from the Anthony Elec-tric Co, per Geo O Evans, requesting the city council to speedily pass an ordinance for the establishment and maintainance of a telephone exchange by said company in this city. It was laid over to be taken up with the ordinance named therein under the head of new business. J. H. Wells By Alderman Glass. A petition from J. H. Wells requesting the city council to pay him the sum of $150 as damages alleged to have been sustained by him on account of the overturning of a vehicle at the intersection of East Sixth and San Jacinto streets about September 1st, 1894. The petition states that the obstructions causing petitioners injuries was made by the authorities or proper agents of the city in the process of laying water mains and pipes. The petition was referred to the committee on Claims and Accounts. Reports of City Officers for the Month of October, 1894. By the City Assessor and Collector. Report of real estate sold for taxes of the year 1893. Referred to Finance committee. By the City Assessor and Collector- Collections. Account general revenue $11304.82 Account Water Works Taxes 7084.74 Account interest on old bonds 1081.48 Account school taxes 3901.44 $23372.48. Referred to Finance Committee. By the City Clerk- Statement of warrants issued against the Water and Light Funds. Engineering department; etc $490.84 Worsfield Bros, pipe lay.g. 1604.65 --- Page break --- 7 Stilwell & Bierce Mfg Co. 145.81 Ft Wayne Electric Co 15358.55 Brown & Dubney, powerhouse foundation. 7101.47 H. L. Breneman, powerhouse foundation. 8877.83 Riter & Conley, penstocks 800.00 Miscellaneous 1598.14 Total $36351.99 Referred to the Finance Committee. By the City Clerk Statement of warrants issued against the General Funds. Salaries of officers $1156.67 Salaries of policemen 1203.00 City cemetery 97.40 Sanitary department 1132.05 Fire department 812.46 Streets, bridges and alleys 739.03 Meals for city prisoners 72.50 City and county Hospital 383.41 Printing, stationery, postage 281.12 Charity 47.90 Feed for teams 97.81 Salary teamsters 416.55 Salary poundmaster 73.00 Salary porter 40.00 Pay aldermen 205.00 Miscellaneous 53.15 Total $7056.55 Referred to the Finance committee. By the City Treasurer. Water and Light Funds. Balance Nov 5th $43170.15. Referred to the Finance committee. By the City Treasurer. Waterworks Interest and Sinking Funds. Balances, Nov 5, Interest fund, $20067.88 " " Sinking fund 5000.00 Referred to the Finance committee. General Funds- Balance, Nov 5. $18646.78 By the City Treasurer. Interest on old bonds. Balance Nov 5 3076.36. Referred to the Finance Committee. By the City Marshal: Statement of fines assessed in the recorder's court $305.00 Collected in cash 200.00 Worked out 37.00 Appealed 10.00 Carried forward _56.00 Total $303.00 Unc. cts, 50 Referred to the police committee. --- Page break --- 8 By the City Physician. Number of patients in hospital on Oct. 1, 15 Number of patients admitted to hospital during October, 14 Number of patients discharged from hospital during October, 12 Number of deaths in hospital during October, 2. Number of patients remaining in hospital Nov 1, 15 Number of visits made to paupers in city during October, 172. Number of prescriptions written for paupers in city during October, 147. Number of cases of diphtheria reported in city during October, 6. Referred to the hospital committee. By the City Sexton. Total number of deaths, 15; white 13, male 9, female 6. Referred to the Cemetery Committee. By the City Engineer: City Engineer Testing hydrants Hon Mayor and Board of Aldermen of the City of Austin: Gentlemen: In accordance with instructions of your honorable body I have had the fire hydrants carefully examined and find that they are all duly connected with the water mains. I also had them re-counted and found my former count to be correct, there being 167 hydrants in all. Very Respectfully, J. R. McC Fall. City Engineer Referred to Water and Light Committee. Alderman Shelley entered the council and answered to his name. Reports of Committees. Bridge over Little Shoal. Com. Report. Alderman Jackson for the street committee, to whom was referred an ordinance appropriating the sum of $515 for the purpose of constructing a stone arch culvert over Little Shoal creek at the intersection of Nueces and West Eleventh streets, presented a report recommending the passage of same. The report was laid over to come up with the ordinance named therein under the head of unfinished business. Alderman Schneider entered the council and answered to his name. By Alderman North. Austin, Tex. Nov 9, 1894. National Tel. Co. Com. Report. To the Honorable City Council: Your ordinance committee to whom was referred the accompanying ordinance granting certain franchises to the National Telephone company, beg leave to report as follows: The ordinance appears to be in proper and legal form. Should the council see fit to pass the ordinance, section 7 should be amended so as to provide for free telephones in all public buildings of the city of Austin, including fire engine houses. This would certainly be small compensation for the use of the streets. --- Page break --- 9 Should it be granted, the company should also be required to give bond in the sum of $10,000.00 with resident sureties for the protection of the city and the patrons of the company against suits for infringement of patents, etc. Your committee is not fully informed as to the earnestness of the applicant to erect a telephone system in good faith and therefore reports the ordinance with the above suggestions to your body for such action as may be proper. William T. North, Chairman. The report was laid over to come up with the ordinance named therein under the head of unfinished business. Ward resolution. Alderman Platt, for the Cemetery committee, to whom Com. Report was referred a resolution in regard to remodelling theward boundaries, presented a report thereon recommending the passage of the same with the following amendment in line 11 after the word "wards" insert the words "as to equalize the population of each". The report was laid over to come up with the resolution named therein under the head of unfinished business. Unfinished Business. Ward Resolution. The above named resolution in regard to remodelling the wards was taken up and read, and on motion of Alderman North laid on the table. Alderman Hume entered the council and answered to his name. Little Shoal Creek An ordinance appropriating the sum of $575 for the Bridge. purpose of constructing an arch bridge over Little Shoal Creek at the intersection of Nueces and West Eleventh streets was taken up on its second reading and read, after which a motion was made to suspend the rules and place the same on its third reading, which was lost by the following vote: Yeas, Alderman Anderson, Asmann, Glass, Hancock, Jackson, Lawless, Powell, Redd, Roberdeau, Shelley, Townsend, Warmolh 12. Nays - Alderman Hume, North, Platt, Raymond, Schneider, Taylor, 6. National Tel. Co. An ordinance entitled An ordinance granting to the National Telephone company of Austin, Tex. the right to place and maintain its poles and lines in the streets, alleys, and public ways of the city of Austin, State of Texas, and to operate a telephone exchange on the terms and conditions herein stated' was taken up on its second reading and read. Alderman Nitschke entered the council and answered to his name. Alderman Glass moved to postpone action on the last above named ordinance until the next regular meeting of the city council. The motion was lost by --- Page break --- 10 the following vote: Yeas- Aldermen Glass, Lawless, Nitschke, Platt, Powell, Raymond, Redd, Schneider, Warmoth - 9 Nays Aldermen Anderson, Assmann, Hancock, Henne, Jackson, Roberdeau, Shelley, Taylor, Townsend - 9 A motion was then made to suspend the rules and place the ordinance on its third reading which was lost by the following vote: Yeas. Aldermen Anderson, Assmann, Hancock, Henne, Jackson, Nitschke, North, Roberdeau, Shelley, Taylor and Townsend- 11 Nays. Aldermen Glass, Lawless, Platt, Powell, Raymond, Redd, Schneider and Warmoth. 8 Water W. & Elec. Light Ord. Penal. An ordinance entitled "An ordinance providing for the protection of the waterworks and electric light and power plants, grounds and property of the city of Austin and providing penalties for the violations of its provisions" was taken up on its second reading and read, after which a motion was made to suspend the rules and place the ordinance on its third reading which was adopted by a vote of two thirds of the whole council. The ordinance was accordingly read and passed. Water W. & Elec Light Ord. Civil. An ordinance entitled "An ordinance providing for the management and operation of the waterworks, electric light and power plants of the city of Austin, and establishing rules and regulations for the government thereof and fixing rates for service" was taken up on its second reading and read, after which Alderman Powell moved to postpone action on the same until the next regular meeting of the city council, and the motion prevailed. New Business. $16369.01. Expenses of W & L. system. By Alderman Anderson. An ordinance appropriating the sum of $16,369.01. for the purposing of paying certain expenses connected with the construction of the Water and Light System for the city of Austin. It was passed under suspension of the rules by the following vote: Yeas. Aldermen Anderson, Assmann, Glass, Hancock, Henne, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth. 19 No Aldermen Assmann. Election Ord. An ordinance ordering an election to be held in all thewards of the city for the purpose of electing one alderman from each ward in the city. It was read first time, after which a motion was made to suspend the rules and place the same on its second reading which was adopted by the following vote: Yeas- Aldermen Anderson, Assmann, Glass, Hancock, Henne, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, --- Page break --- 11 Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; 14. The ordinance was accordingly read, after which section two thereof was amended by inserting the following named voting places and judges of election, to-wit: First ward- At Glass' wood yard. Judges: R. C. Shelley, J. W. Maxwell and C. Curneo. Second ward. At Achilles' store. Judges: S. G. Kingsberry, M. M. Long and Howard Long. Third ward. At City Hall. Judges T. L. Wren, Sheron Drake and Joe Harrell, Jr. Fourth ward. At Goodman's store. Judges: W. W. Williams, Fritz Tegener and J. D. Roberdeau. Fifth ward. At building of Protection Hose Co No3. Judges H. L. Spain, W. B. Odom and N. H. Leader. Sixth ward. At Davis' store. Judges K. K. Holland, August Weilbacher, J. M. Brown. Seventh ward. At Wellmer's mill. Judges: J. B. Rogers, Julius Haschke and C. Wilhelm. Eighth ward. At County Court house. Judges: D. B. Gracy, C. W. Kirk and A. H. Newton. Ninth ward. At Searight's stable. Judges: A. M. Castleman, R. G. Bandy and W. C. Risher. Tenth ward. At Zilker's coal bin. Judges: W B Brush, John D. Neal and John M. Durst. Eleventh ward. At South Austin fire hall. Judges: E. L. Whitehead, J. J. Terrell and H. J. Ketchum. A motion was then made to suspend the rules and place the ordinance on its third reading, which was adopted by the following vote: Yeas: Aldermen Anderson, Assmann, Glass, Hancock, Hearne, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; 19. The ordinance was accordingly read and on motion, passed. #1985.89 Approved Accounts. By Alderman Taylor. An ordinance appropriating the sum of $1985.89 for the purpose of paying approved accounts. It was passed under suspension of the rules by the following vote: Yeas: Aldermen Anderson, Assmann, Glass, Hancock, Hearne, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Shelley, Taylor, Townsend, War- moth. 18. Nay. Alderman Schneider. $1050 Street through Kinney property. By Alderman Powell. An ordinance appropriating the sum of $1050 for the purpose of purchasing a strip of land 60 feet wide from West Fifth street through the D. P. Kinney property to Shoal creek at the Dummy railroad bridge to connect West Fifth street with West Sanita Street. It was read and referred to the street committee. --- Page break --- 12 $100. Street mule. By Alderman Jackson- An ordinance appropriating the sum of $100 for the purpose of purchasing one mule for the use of the city. It was read first time and a second time under a suspension of the rules after which Alderman Raymond moved to amend the same by striking out $100 and inserting in lieu thereof $75. The amendment was lost. Alderman Schneider moved to amend the ordinance by requiring the street committee to advertise for a mule. Lost. A motion was then made to suspend the rules and place the ordinance on its third reading which was adopted by a vote of two-thirds of the entire board of aldermen. The ordinance was read a third time and passed by the following vote: Yeas- Aldermen Anderson, Assmann, Glass, Hancock, Humes, Jackson, Lawless, Nitschke, North, Platt, Powell, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend, Warmoth; 19. Alderman Powell was excused from further attendance on the session of the council. Anthony Tel Co. By Alderman Glass an ordinance granting to the Anthony Electric company the right to erect in the streets and alleys of the city of Austin all necessary poles, wires and appliances for the conduct of a telephone exchange and to maintain the same for a period of twenty years. It was read and referred to the ordinance committee. $500 Street labor. By Alderman Jackson- An ordinance appropriating the sum of $500.00 for the purpose of paying street and sanitary laborers of the city of Austin. It was passed under suspension of the rules by the following vote: Yeas- Aldermen Anderson, Assmann, Glass, Hancock, Humes, Jackson, Lawless, Nitschke, North, Platt, Raymond, Redd, Roberdeau, Schneider, Shelley, Taylor, Townsend and Warmoth- 18. National Tel. Co. Alderman Schneider moved to refer the ordinance granting the National Telephone company the right to erect a telephone plant in this city, which is referred to above, to the committee on ordinances. The chair held that under the rules the motion was out of order. The council then adjourned Milton Morris, City Clerk.