40 Minutes of a Regular Meeting of the City Council. Austin, Texas, Jany. 7. 1895. Hon. John McDonald, mayor, presiding. Roll call. Present - Aldermen Anderson, Fischer, Glass, Glascock, Haynes, Hume, Jackson, Lawless, Lewis, Nitschke, Platt, Powell, Robertson, Schneider, Shelley, Taylor, Tobin, Warmoth; total 18. Absent - Aldermen Cosman, Gaeth, Raeth, Warmoth; total 4. Minutes of the meetings of the city council held on the 17th, 22nd, and 28th days of December, 1894, were adopted as printed. Petitions & Etc. Chas. Johnson. Petition. By Alderman Schneider - a petition from Mr. Chas. Johnson, requesting the city council to remit certain pound fees paid by him. It was referred to the committee on Claims and accounts. Mrs. Cain. Petition. By Alderman Glass - a petition from Mrs. Cain of Fiskville, asking the city council to remit pound fees paid by her to the amount of $12. Granted. Alderman Booth entered the council and answered to his name. Reports of City Officers. Reports of City Officers for the Month of December, 1894. By the City Treasurer. Balance now on hand - Account General Fund $14,011.14. Balance now on hand - Account Interest on Old bonds 1530.94. Balance now on hand - Account Water Works sinking fund 16744.87 Balance now on hand - Account Water Works general fund 60304.20 Referred to the finance committee. Alderman Nitschke moved that the reports of the other city officers be referred to their respective committees without being read, and the motion prevailed. The reports referred to in the foregoing motion are in substance as follows: By the City Assessor and Collector. Collections: Account general revenue $5417.07. Account Water and Light interest sinking fund 5676.52 Account interest on bonds issued prior to May, 1890 482.51 School Tax 2080.17 Total $13,656.27 Referred to the committee on Finance. By the City Clerk. A statement of warrants issued against the General Fund - Salaries of officers $1231.67 Salaries of policemen 1276.00 City cemetery 22.92. Sanitary department 375.85 Fire Department 644.00 Streets, bridges and alleys 1445.57 Meals for city prisoners 33.00 --- Page break --- 42 street be opened for travel between Fourth and Sixth streets, presented a report thereon which states that "Your committee have examined the same and find that the Central Railroad company now have the use of said street as a wood yard and as far as we can ascertain without authority from the city. We therefore recommend that the city marshall be instructed to notify the Central and Union and Houston and railroad companies to remove the obstructions from the street and grade their lines properly for travel." The report was adopted. Platt & Hughes suits. Comm. report on. Alderman Shelley presented the following report: Austin, Tex. Jan. 7. 1895. Hon John Mc Donald, mayor, and Board of Aldermen of the City of Austin: Gentlemen: Your claims and accounts committee, to whom was referred the attached communication of Hon George F. Penddexter, city attorney, asking to be instructed in the matter of judgments obtained against the city in the case of W. M. Platt and E. S. Hughes, beg leave to say that the matters in question having been adjudicated by the courts and judgments obtained, your committee have not deemed it necessary to make an investigation or recommendation as to the disposition of the claims, the council being fully advised as to the facts as your committee could be and as well prepared to determine the matter as they would be upon a recommendation by the committee. Respectfully, W. D. Shelley A. Platt for the Committee. The report was adopted. Alderman Assmann entered the council and answered to his name. Unfinished Business. Water Light & Power plants ordinance Alderman Schneider moved to take up 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" which was on its final passage. Carried. Alderman Schneider moved to amend section 1 thereof by striking out the following paragraph: "Until the first Monday in December 1894 the mayor and the present water and light committee shall serve as commissioners." The motion was unanimously adopted. Alderman Nitschke offered the following amendment: Amend section 1, line 11 after the word "council" by inserting the following 'Two of whom shall be elected from the --- Page break --- Lot over 150 feet to 200 feet, 5/8 inch connection - 1.50 3/4-inch connection - 2.50 1-inch connection - 4.00 Lot over 100 feet to 200 feet, 5/8 inch connection - 2.00 3/4-inch connection - 3.00 1-inch connection - 5.00 Lots over 200 feet front will be charged in proportion. The motion was lost by the following vote: Yeas - Aldermen Fischer, Glass, Haynes, Lawless, Linn, Nitschke Platt, Schneider, Taylor, Tobin, Townsend - 11. Nays - Aldermen Anderson, Assmann, Edwards, Goeth, Hume, Jackson, Powell, Roberdeau, Shelley - 9. Alderman Nitschke moved to amend section 33 by striking out the following: "For horses, mules and cows, each per year, $1.00 The amendment was adopted by the following vote: Yeas - Aldermen Assmann, Fischer, Glass, Glascock, Haynes, Hume, Jackson, Nitschke, Platt, Powell, Roberdeau, Schneider, Shelley, Tobin, Townsend - total 15. Nays - Aldermen Anderson, Goeth, Lawless, Linn, Taylor - total 5. Alderman Shelley moved to amend section 33, by striking out the word "free", where the same appears concerning the sprinkling of lots 70 feet or less in front and inserting "75c". The amendment was lost by the following vote: Yeas - Aldermen Fischer, Glass, Haynes, Hume, Lawless, Linn, Nitschke, Platt, Schneider, Shelley, Tobin - 11. Nays - Aldermen Anderson, Assmann, Glascock, Goeth, Jackson, Powell, Roberdeau, Taylor, Townsend - 9. Alderman Linn moved to amend section 33, in that portion last above named) by substituting "$1.00" for the word "free" (not voted on) Alderman Taylor moved to amend section 33 by striking out all of that portion of the same which names rates to be charged for street and lawn sprinkling and inserting in lieu thereof the words "meter and special rates." The motion was adopted by the following: Yeas - Aldermen Asmann, Goeth, Haynes, Hume, Jackson, Lawless, Nitschke, Platt, Powell, Schneider, Shelley, Taylor, Tobin, Townsend - 15. Nays - Aldermen Anderson, Assmann, Goeth, Glass, Roberdeau - 5. Alderman Taylor moved to amend section 13 by inserting therein after the words "all flat rates must be paid quarterly in advance for water, and monthly for electricity" the words "at the office of the superintendent". The motion was adopted by the following vote: Yeas - Aldermen Assmann, Fischer, Glass, Glascock, Hume, Jackson, Lawless, Nitschke, Platt, Roberdeau, Schneider, Shelley, Taylor, Tobin, Townsend - 15. Nays - Aldermen Anderson, Goeth, Haynes, Linn, Powell - 5. --- Page break --- 45 Alderman Fischer moved that the ordinance do now pass and the motion prevailed by the following vote: Yeas – Aldermen Anderson, Assmann, Fischer, Glass, Glascock, Goeth, Haynes, Hume, Jackson, Lawless, Linn, Nitschke, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Tobin, Townsend – total 20. Kinney property. An ordinance to appropriate the sum of $1050 for the purpose Or to appropriate of purchasing a strip of land 60 feet wide from West Fifth Street $1050 through the D. R. Kinney property to Bull Creek at the Dummy railroad bridge, to connect West Fifth Street with West Fourth street, was taken upon its final passage. Alderman Nitschke moved that further consideration of the ordinance be postponed. (Not voted on). Alderman Linn moved that further consideration of the ordinance be indefinitely postponed. The motion was lost by the following vote: Yeas – Aldermen Assmann, Goeth, Haynes, Hume, Lawless, Linn, Nitschke, Platt, Shelley, Tobin – 10. Nays – Aldermen Anderson, Fischer, Glass, Glascock, Jackson, Powell, Roberdeau, Schneider, Taylor, Townsend – 10. There being a tie vote, the mayor voted nay. Alderman Roberdeau moved to refer the ordinance to the street committee, with instructions to ascertain which would be the cheapest, to remove the poles from the land named in the ordinance and use a different route, or to allow them to remain where they now are and pay for the land. (Not voted on). Alderman Redd entered the council and answered to his name. Alderman Linn moved that the street committee be instructed to confer with Mr. Kinney as to the amount he thinks he is damaged and report back to the council. Alderman Goeth moved to amend the motion by further instructing the committee to ascertain and report the probable cost of running the wires so as to avoid passing over the strip of land under consideration. The amendment was accepted, and the motion as amended was then adopted by the following vote: Yeas – Aldermen Assmann, Goeth, Haynes, Hume, Lawless, Linn, Nitschke, Platt, Roberdeau, Shelley, Tobin, – 12. Nays – Aldermen Anderson, Fischer, Glass, Glascock, Jackson, Powell, Redd, Schneider, Townsend – 9. Bull Creek A report from the street committee which was road. Comm. report. laid over at the last regular meeting of the city council, in regard to the construction of a road around Bull Creek in Bull Creek, recommending the passage of an ordinance appropriating $1687.50 for the purpose of paying one half of cost of the road, was taken up, and adopted. New Business. --- Page break --- 46 #1583.55 H. L. Breneman. By Alderman Anderson. An ordinance appropriating the sum of #1583.55 for the purpose of paying H. L. Breneman estimate No. 2. of material furnished and work done under his contract with the city of Austin, dated Jan. 5. 1893. It was passed under suspension of the rules by the following vote: Yeas. Aldermen Anderson, Amman, Fischer, Glass, Glascock, Goeth, Haynes, Hume, Jackson, Lawless, Linn, Nitschke, Olatt, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Tobin, Townsend and total, 21. A Pederson commun- A communication from Mr. Albert Pederson, chief of Austin nication asking a fire department was read, calling attention of the council to new truck for H.&L. the necessity of at once purchasing a hook and ladder truck Co. for the use of the fire department. It was laid over to come up with an ordinance on the subject. $1687.50 Bull creek By Alderman Jackson. An ordinance appropriating the road. sum of #1687.50 for the purpose of constructing of a road around back water in Bull creek. It was read first time and a second time under a suspension of the rules, after which a motion was made to further suspend the rules and place the ordinance on its third reading, which was lost by the following vote: Yeas. Aldermen Anderson, Amman, Fischer, Glass, Glascock, Goeth, Jackson, Lawless, Redd, Roberdeau, Shelley, Tobin, Townsend 13 Nays. Aldermen Haynes, Hume, Linn, Nitschke, Olatt, Powell, Taylor 7. Did not vote- Alderman Schneider. City Engineer to By Alderman Glass. Be it resolved by the city council of the purchase mule. city of Austin, that the city engineer is hereby authorized to purchase one mule for the sanitary department of the city. 2nd. That he be authorized to dispose of one mule now used in one of the city carts as same is too old and slow to be of any further use. The resolution was adopted. $2500. truck for H.&L. By Alderman Nitschke. An ordinance appropriating the Co. sum of twenty-five hundred dollars for the purchase of a fire truck. It was read after which Alderman Linn moved that it be referred to the fire committee with instructions to advertise for bids for furnishing a truck. Carried. $1305.07 Approved By Alderman Linn. An ordinance appropriating the sum of Accounts. $1305.07 for the purpose of paying approved accounts. It was read by caption after which Alderman Fischer moved that it be not read in full and the motion prevailed. The ordinance was then passed under suspension of the rules by the following vote: Yeas. Aldermen Anderson, Amman, Fischer, Glass, Glascock, Goeth, Haynes, Hume, Jackson, Lawless, Linn, Nitschke, Olatt, Powell, Redd, Roberdeau, Shelley, Taylor, Tobin, Townsend, total 20 Nays Alderman Schneider. Ordinance as to By Alderman Linn. An ordinance amending Article 337 --- Page break --- Police force Chapter one, title 13, of the Revised Civil ordinances of the city of Austin. The substance of the ordinance is as follows: The police force of the city of Austin shall consist of the city marshal, one sergeant of police and one detective and seventeen policemen, and such special policemen as from time to time be appointed under the authority of the city council. The ordinance was read and on motion of Alderman Nitschke, referred to the committee on police. $600.00 Bridge over By Alderman Shelley- An ordinance appropriating the sum of Little Shoal creek. $600.00 for the purpose of constructing a stone bridge over Little Shoal creek, at the intersection of Nueces and West Eleventh street. It was read and referred to the committee on streets. bridges and alleys. $200.00 Street labor. By Alderman Jackson- An ordinance appropriating the sum of $200.00 for the purpose of paying teamsters and assistants until January 19, 1895. It was passed under suspen- sion of the rules by the following vote: Yeas- Aldermen Anderson, Asmann, Barden, Glass, Glascock, Barth, Haynes, Heune, Jackson, Lawless, Linn, Nitschke, Platt, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Tobin, Warmoth - Total 21. Election water & Alderman Nitschke moved that the council do now Light Commissioners proceed to elect members of the water and light commission. and the motion prevailed. Alderman Anderson moved that they be elected by ballot, and that the chair be requested to appoint three tellers. The motion was carried, whereupon the chair appointed Aldermen Anderson, Powell and Barth as tellers. Alderman Warmoth entered the council and answered to his name. Alderman Taylor moved to first elect two members to serve during the long term. Alderman Schneider moved to lay the motion on the table and the motion prevailed by a rising vote of 13 to 4. Alderman Linn moved that nominations be now Nominations declared in order and the motion was adopted. Alderman Linn nominated Alderman Tobin. Alderman Powell nominated Alderman Schneider. Alderman Glass nominated Alderman Haynes. Alderman Asmann nominated Alderman Fischer. Alderman Redd nominated Alderman Jackson. Alderman Taylor nominated Alderman Shelley. Alderman Heune nominated Alderman Lawless. Alderman Nitschke moved that unless a ballot contained four names that it be not counted. Carried. Ballots were then cast and duly canvassed by the --- Page break --- 48 Tellers who submitted the following as the result of the same: Alderman Tobin received 14 votes. Alderman Shelley received 8 votes. Alderman Lawless received 14 votes. Alderman Fischer received 19 votes. Alderman Jackson received 10 votes. Alderman Schneider received 12 votes. Alderman Haynes received 11 votes. Toben, Fischer, Lawless The mayor then declared Aldermen Tobin and Fischer duly & Schneider elected. elected to serve as commissioners during the long term and Alderman Lawless and Schneider duly elected to serve as commissioners during the short term. The council then adjourned. Milton Morris, City Clerk.