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Austin's Water Works & Dam Lawsuit Settlement

Monday, June 3, 1895 regular

Bond Retirement: City Council burned $81,000 in bonds, permanently eliminating significant portions of debt from the new water and electric light system construction.

Dam Lawsuit Settlement: The city lost a lawsuit brought by William Walsh over property damages from the dam construction, with the jury awarding him $2,600.25 for submerged land, a destroyed house, and damage to his rock quarry.

Water & Electric Infrastructure: The newly constructed water works and electric light system was operational, with 191 electrical connections serving 750 water and light consumers, though the equipment had technical issues requiring ongoing adjustments.

Rate Adjustments: Council approved a $50 per month water rate for the Driskill Hotel and established flat-rate pricing for portable fans and arc lights to encourage adoption of the new electric service.

Continued Expansion: The city was managing applications from institutions like the State Lunatic Asylum for water service and exploring irrigation rates, while dealing with property owners requesting street improvements.

Full Transcript

143 Minutes of a Regular Meeting of the City Council. Austin Texas June 3d 1895. Hon John D McDonald, Mayor presiding. Roll Call. Present - Aldermen Anderson, Fischer, Glasscock, Goeth, Haynes, Jackson, Lawless, Linn, Platt, Powell, Redd, Schneider, Shelley, Taylor, Townsend, Warmoth - 16. Absent- Aldermen Ahmann, Glass, Niume, Nitschke, Roberdeau, Tobin - 6. Alderman Linn moved that the reading of the minutes of the City Council, held May 20, 1895, be dispensed with and that they be adopted as printed. Carried. Aldermen Aume, Tobin, Glass, Nitschke and Ahmann entered the Council Chamber and answered to their names. Petitions Memorials, Etc. Petition of Frank Heirman & others for release of fine laid on the table. By Alderman Haynes - A petition from Frank Heirman & others requesting that a fine of $10.00 that was assessed in the recorders court against their workman, Tom Bishop, for digging a hole in a street by permission of the City engineer, given with the understanding that the hole should be refilled as soon as the desired material, or sand, was taken out, which it was shown was not done. The mayor recommended the remission of the fine. Alderman Linn moved that the petition be laid on the table, and the motion prevailed. Petition for opening of East Tenth St., referred. By Alderman Haynes - A petition of Citizens asking that East Tenth street be opened from East avenue to Medina streets through outlots 1 to 10 inclusive, in division B. Referred to the committee on streets bridges and alleys. Petition of Geo. W. Littlefield for a water rate, not more than $35 per mo. for Driskell hotel laid over. A petition was received from Major Geo. W. Littlefield requesting the City Council to make a water rate of not more than $35.00 per month for the Driskell hotel. Alderman Anderson moved that the petition be laid over to come up with a report from the water and light commission on the subject. Carried. Petition of Tillotson Insti-tute, for remission of taxes, referred. A petition was received from W.S. Goss, president Tillotson Collegiate and Normal institute, asking that a certain amount of City taxes against said institute be remitted. It was referred to the committee on claims and accounts. Petition of Messrs Wilmot + Gilfillan granted. By Alderman Anderson - A petition from Messrs Wilmot and Gilfillan requesting permission to project the bases of the pilasters supporting the front of their building 18 inches beyond the street line, said building being on Congress Avenue between Fifth and Sixth Streets. The petition was granted. Reports of City Officers. Alderman Linn, in behalf of the finance committee and City treasurer, presented the following report. Austin, Texas, June 3" 1895. --- Page break --- 144 City Treasurer's Report To the Hon. Mayor and Members of the City Council: I have to report that Jas H. Raymond & Co, Agents for the City, have sold all the six per cent funding bonds of the City, save those turned over to the interest and sinking fund, bonds of the water works and electric light fund, at par and accrued interest from April 1, 1895 to date of their delivery, and have turned the proceeds thereof over to me. Besides these 10 per cent bonds of the City already paid off and delivered to you, I herewith deliver to the finance Committee fifteen thousand ($15,000) dollars 10 per cent bonds to do with no excuse that, numbered as follows: Nos. 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 181, 182, 183, 184, 186, 187, 188, — 170, 171, 172, 173, 53, 57, 58, 59, 60, 62, 63, 64, 65 and 66. I have further to report that I delivered to Jas H. Raymond & Co twenty eight thousand five hundred ($28,500.00) dollars of 6 per cent funding bonds, and recieved from them thirty thousand ($30,000) of 5 per cent water works and electric light bonds numbered as follows: Nos. 676 to 705, both numbers inclusive. I have also bought twenty thousand ($20,000.00) dollars of 5 per cent Austin water works and electric bonds for the sinking fund, paying for same $19,000 nineteen thousand dollars, numbered as follows: Nos. 706 to 725, both numbers inclusive; also Nos. 376, 354, 355 and 356. All of which was authorized by resolution of your honorable body, making in all 50 5-per cent water works and electric light bonds of the the City of Austin, $1000 each, which are herewith delivered to the finance Committee, to be disposed of as you may direct. Respectfully, J. S. Myrick, City Treasurer. Special Com. appointed Alderman Linn, for the Committee on finance, moved that a special Committee of three, not to include a member of the finance Committee, be appointed to examine the report and bonds, and that the City Clerk be directed to spread upon the minutes a full and complete record of the transaction. The motion prevailed, and the Chair appointed Aldermen Lawless, Marmion and Haynes. Alderman Linn then moved that the Council take a recess of ten minutes to give the Committee an opportunity to prepare a report carried. After expiration of recess Alderman Robardeau entered the Council and answered to his name. Special Com. Report Alderman Lawless presented the following report: To Hon. Mayor and City Council of City of Austin: Your committee to whom was refered the report of Jas. S. Myrick, City treasurer, have to report the statement, correct and the $50,000 water and electric bonds hereby purchased for the City have been examined and correct according to said report and we recommend that the said fifty one thousand dollars in bonds be burned in the presence of this Council, thus retiring permanently $50,000 of the indebtedness incurred by the City of Austin in constructing a water --- Page break --- 145 and light system. We further recommend that the 31 bonds of denomination of $500.00 each bearing 10 per cent interest submitted with the report of the City treasurer and numbered as per his report. The same being a part of the outstanding bonded indebtedness of the City of Austin be burned together with the 50 Water and light bonds herein before referred to. P. J. Lawless, H. L. Haynes, J. H. Warmoth, Committee. Bonds burned. Alderman Anderson moved that the report be adopted and the committee instructed to burn the bonds. The motion prevailed and was complied with in presence of the City Council. By the City Attorney – Austin, Texas June 3. 1895 City Atty's Report in regard to the judgment in the suit of Walsh vs City Austin. Referred. To the Hon. City Council, Austin, Texas. Gentlemen – I beg to report that a few months since suit was brought by William Walsh against the City of Austin to recover $15,000, being the amount which he claimed as damages consequent to him on the construction of the dam. A trial of the case was had at the present term of the dis-trict Court, for the Twenty sixth Judicial District, and resulted in a verdict in favor of the plaintiff for $2600.25. This sum is made up of the following items allowed by the jury, viz: Value of 13 and 1/2 acres of land, totally submerged $2025.00 Value of house which plaintiff was forced to remove 125.00 Damage to rock quarry 100.00 Damage to fence 150.00 These several items of damage drew interest at the rate of 6 per cent per annum from April 1, 1893, the date the damage was sustained. In my opinion the land was not worth $150 per acre, the value placed upon it by the jury, but there was evidence that justified the verdict in that particular. The other items of damage are placed as low as the testimony warranted, provided anything should have been allowed. I do not believe that the case will be reversed, if an appeal is taken and the only complaint which the City can make is that the amount allowed is excessive, and this being a question of fact, there is little hope that the higher court will disturb the finding of the jury, whose peculiar province it was to pass upon that question. I would be pleased to have you instruct me whether you desire an appeal taken or not. Very respectfully, George F. Pendexter, City Atty. The report was referred to the committee on Finance. Reports for the month of May, 1895. --- Page break --- 146 By the City Treasurer — Balances on hand June 3 - Acct general fund $ 1,713.73 Acct interest on old bonds 1,408.07 Acct Water and light fund 5766.77 Acct Water and light interest fund 254.94 Acct Water and light sinking fund 10,000.00 Acct Receipts from Water and light plant - total to June 3. 2,025.30 Referred to finance Committee. By the City Clerk — A statement of warrants issued against the general fund. Salaries of Officers 1,214.17 Salaries of policemen 1,266.00 City Cemetery 29.42 Sanitary Department 333.76 Fire Department 753.60 Street bridges and Alleys 483.47 Meals for City prisoners 28.75 City and County 402.45 Printing stationery and postage 90.65 Charity 128.12 Salaries of teamsters 344.40 Street feed 95.04 Street lamps - gas. 288.75 Salary of Pound-master 73.00 Salary of porter 40.00 Pay of Aldermen 205.00 Miscellaneous 313.00 Total f 6,090.26 Referred to finance committee. By the City Clerk — Statement of Warrants issued against the water and light fund. Salary account under Water and light Commission 571.34 Salary Account under board of Public works 675.00 N. L. Brenneman, Acct power house 8,078.65 Ft. Wayne Electric Co 1,000.00 Howard-Harrison Iron Co. 6,654.50 Stillwell-Bierce S. V. & Co. 75.00 Wingfield Bros. 3,000.00 Submerged land 346.50 Tool account 285.44 Office expenses 2.50 Oil and grease 137.36 Water service connections 3,121.71 Electric Service Connections 966.64 Contingent Expenses 13.84 Tower trimming 174.25 Electric betterments 106.85 --- Page break --- 147 Carbons 282.75 Extra pipe Account - Expansion joints 749.45 Repairs 9.00 Miscellaneous - making fill at dam, etc 1,332.31 Total $27,523.09 Referred to Committee on finance. By the City Assessor and Collector - Collections: Acct. general fund $5,608.13 Acct. Water Works tax 6,529.89 Acct. interest tax on old bonds 476.52 Acct. school tax 2,394.87 Total. $15,009.41 Referred to finance Committee. By the City marshal - Total amount of fines assessed in recorder's court $325.00 Collected in Cash $152.75 Worked out 104.25 Escaped 4.00 Carried forward 64.00 Total $325.00 Back fines Collected 19.50 Collected from pound 108.75 Total number of arrests made 56 Referred to the Committee on police. By the City Marshal - Austin, Texas, June 1, 1895. Hon John W. McDonald, Mayor, and Board of Alderman of the City of Austin: Gentlemen: In compliance with resolution passed May 20, 1895, directing me to sell the old fire apparatus and other articles stored in the basement floor of the City hall, I have the honor to respectfully report that I advertised and sold the same and that it brought in the aggregate the sum of $45.55, the receipt of which from Fred Sterzing, City Assessor and Collector, I herewith enclose, together with a list of the articles sold and purchasers thereof. Very respectfully James E. Lucy, City Marshal. Received and filed. By the City Physician - No. of patients in hospital, May 1 11. No. of patients admitted to hospital in May 11. No. of patients discharged from hospital during May 7. No. of deaths in hospital during May 3. No. of patients remaining in hospital, June 1. 12. No. of visits made paupers in the City during May 109. No. of prescriptions written for paupers in the City during May. 144. Referred to Committee on hospital. By the City Sexton - --- Page break --- 148 Total number of deaths 23— White 20, Colored 3; Male 12, female 11. Referred to the Committee of the Cemetery. The following, which was referred to the City Council, by the water and light Commiſsion was read. Austin, Texas, May 31, 1895. Superintendent Maddox's W. H. Tobin, Chairman Water and light Commiſsion: Report. Dear Sir – At your last meeting it was deemed advisable to take the belt from one of the 3000 incandescent light dynamos, so as to operate one separately; but the exciter on No. 1 having become heated, as is thought from moisture while in storage, and the 25-inch belt on 3000 lighter No. 2 having parted for some 9 inches on one of the laps, it was thought best to delay taking off the belt until the dynamos have had longer test and until the belts have been further tested and more thoroughly stretched. Mr. Reinman cemented the lap on belt No. 2 and had it running in three hours, and it has since given satisfaction. Exciter from 3000 lighter No. 4 was put in place of that with No. 1, and it has given good satisfaction. Mr. Driftingeyer, while here, from conferring a visit on one of these 3000 lighters and it may be neceſsary to require a new one in place of that taken away from 3000 lighter No. 1. Presumably from want of sufficient Conduit, two of the braſs rod Connections on the back of the incandescent switch board were not insulated, Hard rubber tubing has been procured and the rods insulated, and while the expense is small it should be charged to the Fort Wayne Electric Company. The following belt tools should be procured: 3 Craſpers, @ $1.50; 1 heeler, $1.00; 1 finger steel, 50 cents; 1 turner, $1.00; 1 clearing stone, $1.00 and 1 belt knife, 20 cents, total $5.20. This memorandum was procured from Mr. Burton and can be ordered through him or his houſe, and should be procured as they are neceſsary to proper belt cementing. Two carpenters are engaged in putting in the roller belt guides, which was deemed a neceſsary precaution in case a belt from any cause should tend to run off the pulleys. Two other carpenters have been adjusting swollen doors and boxing up the floor belt holes to avoid accidental stepping into them and to prevent tools and other objects from rolling in upon the machinery and attendants below. This work gives a fin- ished appearance to the dynamo floor, also. Three colored laborers have been for several days clearing out the debris from the wheel pit, which is now finished. This work, I think, should be charged to Mr. Brenneman and I so informed him and Mr. Sublett. We have received from Stilwell-Bierce and Smith-Vaile Company a box of babbitt metal, which is much needed to replace the inferior metal now in the boxes of the pumps and line shafts. The register pipes upon the pumps, from being too frail, are broken and should be replaced at the expense of Stilwell-Bierce and Smith- --- Page break --- 149 Vaile Company, that records may be kept of the quantity of water pumped The line shafts have been braced in their centers at each end to prevent lateral motion and much other necessary work has been done. In fact, Mr. Reisman and Mr. Johnson have been devoting themselves almost entirely to the need as construction and adjustment work and when this work has been finished, the one will be on duty at day and the other at night in operating the plant, and dispense with two other employes. Owing to the plant being new and to the unsatisfactory working of the governors and heating of line shaft boxes, it has been deemed best to keep the following employes on duty at the power house: H. H. Pitts, night dynamo tender; Henry Collins, night assistant; [illegible] and gate wheelman on dynamo floor; G. E. Mason, day dynamo tender; Adolph Schutze, night pump and line shaft tender; J. R. Franklin, day pump tender, and two men in the wheelpits to look after the turbine and belt tightner bearings, one day and the other night. The compensation of these being as follows per month: Pitts and Mason $75. each per month; Schutze $60; Franklin $50; Collins, $40; and the wheelpit men, one $45 and the other $50. Mr. Scovill, employed by the board of public works at $200 per month, as supervisor of electrical construction, has been in charge of the light system and extension of secondary wires to each consumer and has had under him the following employes, G. Alexander, Jas. M'Dermid and H. Bennett, linement, each $2.25 per day; H. F. Ambrose, helper, with horse and wagon, $2.00 G. Haywood, helper, with horse and wagon, $1.75 per day; and H.B. Irvin, helper and meter man, $1.75, per day Mr. Miller having strained himself in assisting to lift an armature the towers are now cared for by O.C. Plantow, tower trimmer and night man, with horse and wagon at $2.50 per day; Burt Searight and J.R. Hancock, tower trimmer with conveyance, $2 each per day. Mr G. M. Sublette employed by the board of public works as constructing engineer at $150 per months, and Mr. Chas M'Donald, his assistant under direction of Mayor, M'Donald on Monday last turned the power house work over to the Superintendent, and have since been engaged in making final estimates and reports. Mr. William Smith employed by the Board of Public Works at $75.00 per month to inspect the caulking of water mains, has since been engaged in making repairs and in putting in heavy connections, such as the Deaf and Dumb Asylum, Blind Institute and Cotton Seed Oil Mill and should we give service to the State Lunatic Asylum his services will be required in that work, and also in laying additional mains, should the bonded debt be increased. Mr. Smith has also been useful in connecting up the city buildings and water troughs. Mr. Leo Zimpelman at $60.00 per month has inspected and verified plumber's bills and water service connections. --- Page break --- 150 Mr A. L. Kelley, who was employed at $50.00 per month for two months has been doing good work as assistant to Mr. Oliphant. His employment has about expired, and as it seems the services of some one to do such work will be necessary, I desire to call your attention to the small compensation he is receiving and say that a more efficient man could not be had. Mr Oliphant has been employed by the Board of Public Works as secretary at $125.00 per month and he has in addition to his duties as secre- tary of that board acted as secretary of the Water and Light Commission and has performed his duties in a most satisfactory manner. I would call your attention to the propriety of taking steps to procure an electrical governor for the turbine which drives the power line shaft. If a governor can be procured that will give satisfaction, it will be in the line of economy and good service to do so at once. The Mayor has written to the Stilwell-Bierce Vaile Company calling their attention to the unsatisfactory service given by their governors and informed them that they will not be recieved until put in satisfactory condition. The boxes for the line shafts furnished by this Company seems to be too light and the babbitt therein of inferior quality and quantity, hence they heat readily and require extra men to look after them. There have been 191 electrical connections made with a total of 2501 lamps of 16 candle power capacity; 157 applications for water service were made during May, making a total of 1192 applications to that date. There are now 750 consumers. Receipts for the month from Water and Light $612.20. Total to date $1080.55 Very respectfully submitted John W. Maddox, Superintendent. Adopted. Additional Report and recommendations of the Superintendent [illegible] Board [illegible] [illegible] [illegible] [illegible] [illegible] Alderman Lynn moved that the report be adopted and printed in full in the minutes of the City Council. Carried. Superintendent Maddox submitted a report giving list of employes of the Board of Public Works whose services are no longer needed, as the work of this Board is practically completed. He recommended that the wooden buildings at the dam, having served the purpose for which they were built, be removed and improved for a dwelling for employes at the power house. He also made mention in this report of defects in cement-taps in the bed of the 3000 light dynamo and that the attention of Mr. Walter Tips has been called to the matter. The report was on motion received and ordered filed. Reports of Committees. Alderman Schneider, for the Water and Light Commission presented the following: To the City Council: The Water and Light Commission recommend that a rate of fifty dollars per month be fixed as the water rate of the Driskill hotel, for all purposes, for the balance of this fiscal --- Page break --- 151 year. Francis Fischer J Scheider P. J. Lawless. Alderman Linn moved to amend the report by striking out "$500.00" and inserting in lieu thereof "$75.00". The amendment was lost by the following vote: Yeas — Aldermen Glasscock, Haynes, Linn, Platt, Redd, Robertson Shelly, Taylor, Townsend, Warmoth — 10 Nays — Aldermen Anderson, Aßman, Fischer, Glaß, Goeth, Hume, Jackson, Lawless, Nitchke, Powell, Schneider, Tobin — 12. Adopted. Alderman Anderson moved to adopt the report and the motion prevailed. Alderman Tobin presented the following: Austin, Texas, May 31, 1895. W H Tobin, Chairman Water and Light Commission: Application of State Lunatic Asylum for rates Dear Sir: The Board of trustees of the State Lunatic Asylum made application for Water and light service yesterday, but ask that the contract run for one year with the privilege of Recommended by Supt — three additional years, at same rate, instead of two additional, as authorized by the City Council, which I would recommend to be granted. As regards irrigation The application is made for water for all purposes, and the Superintendent of the Asylum States that this would include the irrigation when desired of a 16 acre garden. I would not advise the irrigation service without additional Compensation, as I consider $2600.00 per annum low for other service given. At 10 cents per 1000 gallons it would cost $2.75 per acre to put an inch of water, or $44.00 for 16 acres, and if an inch of water, should be given four times per month the cost would be $176.00 monthly. Respectfully submitted for such action as the Water and Light Commission and the City Council may deem proper. John W. Maddox, Superintendent. Read at a meeting of the Water and Light Commission on May 31, and on motion was referred to the City Council that the change as to time be authorized. W. J. Oliphant, Secretary Water and Light Commission. Adopted. The report was adopted. Alderman Tobin presented the following: Austin, Texas, May 31, 1895 Irrigation estimates. W. H. Tobin, Chairman Water and Light Commission, Austin, Texas: Dear Sir: Under the ordinance rate of 10 cents per 1000 gallons it costs $2.75 to put on an inch of water on an acre and to put on 4 inches per month would cost $11.00. Many persons are desirous of irrigating small garden tracts of from one-half to five acres. --- Page break --- 152 and others wish to irrigate larger tracts, one as much as 30 acres. Meters are expensive, and if the Council should see fit to make a flat rate for such service at a reduced price, the water could be supplied without additional expense to the City and the revenue considerably increased. Very respectfully Submitted, Jno. W. Maddox. Superintendent. Read at a meeting of the Water and Light Commission on May 31, 1895, and on motion it was referred to the City Council with the recom-mendation that water be supplied for irrigating purposes through meters at 5 cents per 1000 gallons. T. J. Oliphant Secretary Water and Light Com. The report was adopted. Aldermen Lawless and Nitschke were excused from further attendance on the Session of the Council. Alderman Glass moved that the Council stand adjourned until next Monday night at 8 oclock. Alderman Gooch moved to amend the motion by striking out "Monday" and inserting "Tomorrow". Lost. The motion made by Alderman Glass was then lost. Special Comis report on accident at Power House. Alderman Glasscock, for the Special Committee appointed to investi-gate the cause of the recent Accident etc, at dam, presented the following report: June 3. 1895 To the Mayor and City Council. Gentlemen: Your Special Committee to whom was referred the accompanying resolution beg leave to make the following report. We have carefully looked into the Causes of the Accident and find that the governors are defective and do not do their work properly and the accident might have occurred with any one and we do not think Mr. Sparks should have been Censured or discharged on account of the City using governors that did not govern. We also believe, that the Engineer in charge of the Power house, stated that the accident might have oc-curred, even though the ratchet claw on the governor had not been tied back, for the reason that the governor can not be depended on; and if these governors have not been accepted by the City we would recommend that these be not accepted. We find the following positions have been created by the Water and Light Commissioners: Superintendent, per month, $150; Engineer and machin-ist in charge of Power house, $125; assisting engineer and machinist in charge of Power house, $75; night dynamo tender, $75; day dynamo tender $75; Night wheel dynamo man $40; night pump and line shaft tender, $60; day pump and line shaft tender, $50; mechanic and day wheel pit tender, $50; laborer and night wheel pit tender, $50; two tower trimmers at $60 per month, each, $120; one tower trimmer and night man with horse and wagon, $75; one assistant bookkeeper, $50; --- Page break --- 153 service pipe inspector, $60; one laborer at $1.50 per day $45- Total per month, $1095. The following are being used in making the Electric Service Con-nections; Three men at $2.25 per day; one man at $2 per day; two men at $1.75 per day. There has also been employed four Carpenters at $2.25 per day and two laborers in removing debris from pump pit at $1.50 per day, but their labors being ended, they have been discharged. We find the following positions have been created by the Board of Public Works and the following salaries paid: Engineer in Charge of Construction, $150; Electrical Engineer, $100; Assistant Engineer, $75; Secretary, $125; Water Service Connections and repairs, $75;- Total per month $625. The Committee are of the opinion that the Engineer in Charge of the power house should be on the grounds day and night and we would therefore recommend that the buildings at the dam, formerly used as an office and storeroom be moved to some suitable place near the power house and converted into a dwelling for the use of the Engineer. L. H. Glasscock, C. C. Anderson. Alderman Powell moved to adopt the report and that it be printed in full in the minutes of the City Council. The Motion was adopted. Alderman Platt was excused from further attendance on the session of the Council. Alderman Tobin presented the following resolution; Resolved, That the City treasurer be and he is hereby instructed to transfer the sum of $2000 from the general fund to the Water and Light fund heretofore appropriated to put the Water and Light system into operation. The resolution was read, after which Alderman Linn moved that the Council stand adjourned until Monday night at 8.30 o'clock. The motion was lost - yeas 8, Nays 11. Alderman Hume was excused from further attendance on the session of the Council. Alderman Linn asked to be excused from further attendance on the session of the Council, whereupon Alderman Powell moved that he be excused. The Council refused to excuse him by the following vote: Yeas - Alderman Anderson, Robertson, Tobin, Townsend, Warmoth - 5. Nays - Alderman Apmann, Fischer, Glass, Glasscock, Grosh, Haynes, Jackson, Powell, Redd, Schneider, Shelley, Taylor - 12. Excused from voting - Alderman Linn. Alderman Glafs moved that the Council stand adjourned. Lost; yeas, 7, nays, 11. Alderman Linn moved that the Council stand adjourned until Monday night at 8 o'clock. [in left margin] $2000 transferred to W + L Fund. --- Page break --- 154 Alderman Tobin moved to amend the motion by striking out "Monday night at 8 o'clock" and inserting in lieu "tommorow at 5 p.m." The amendment was lost; yeas, 9; nays, 9. The mayor voted "no". The motion made by Alderman Linn was not voted on. Alderman Redd moved that the Council stand adjourned until Thursday night at 8.30 oclock. The motion was lost, the vote being the same as last above stated. Adopted. The pending resolution was then adopted. Alderman Linn then moved that the Council stand adjourned until Thursday night at 8.30 oclock. The motion was lost; yeas, 8; nays, 10. Alderman Powell moved that the appropriation ordinance be taken up. Carried. Ft Wayne Elec Co. $3500. Alderman Tobin then presented an ordinance entitled, "An ordinance appropriating the sum of $3500 for the purpose of paying the Fort Wayne Electric Company estimates eight and nine". Three thousand dollars is allowed on estimate No. 8 for electric ma-chinery, and $500 is allowed on estimate No. 9 on Contract for wiring. It was read the first time, after which a motion to suspend the rules and place it on its second reading was lost by the following vote: Yeas - Alderman Apmann, Anderson, Fischer, Goetz, Jackson, Powell, Schneiders, Shelley, Taylor, Tobin, Townsend - 11. Nays - Alderman Glass, Glascock, Haynes, Linn, Redd, Roberdeau, Warmoth - 7. Alderman Anderson moved a call of the Council. The motion was lost by the following vote: Yeas - Alderman Anderson, Apmann, Fischer, Goetz, Jackson, Powell, Schneider, Shelley - 8 Nays - Alderman Glass, Glascock, Haynes, Linn, Redd, Roberdeau, Taylor, Tobin, Townsend, Warmoth - 10. Alderman Glass moved that the Council stand adjourned until Thurs-day night at 8 o'clock and the motion carried; yeas, 10; nays, 8. Milton Morris, City Clerk. --- Page break --- 153 Minutes of an Adjourned Regular Meeting of the City Council. Austin, Texas, June 6, 1895. Hon. John McDonald, Mayor, presiding. Roll Call. Present - Aldermen Fischer, Glass, Glasscock, Haynes, Powell, Schneider, Shelley, Townsend, Warmoth - 9. Absent - Aldermen Anderson, Aßmann, Goeth, Humes, Jackson, Lawless, Linn, Nitschke, Platt, Redd, Roberdeau, Taylor, Tobin - 13. Alderman Townsend moved a Call of the Council. Carried. Alderman Powell moved that the Council take a recess of ten minutes. Adopted. After expiration of recess the roll was again called, with the following result: Present - Aldermen Fischer, Glass, Glasscock, Goeth, Haynes, Nitschke, Powell, Schneider, Shelley, Taylor, Townsend, Warmoth - 12. Absent - Aldermen Anderson, Aßmann, Humes, Jackson, Lawless, Linn, Platt, Redd, Roberdeau, Tobin - 10. Alderman Taylor moved to suspend the Call of the Council. Carried. Alderman Tobin entered the Council and answered to his name. Reports of Committees. From the Water and Light Commission - Austin, Texas, May 27, 1895 W. & L. Supt makes report as to new takers &c. W. H. Tobin, Chairman Water and Light Commission, Austin, Texas. Dear Sir - On inquiring of many, who are on the water mains as to why they do not take water from the City, I find many who say that they have paid the old Company to July 1, after which they will take service from the City. Many others say the old company's rates are put down so low it will not justify them to change; and others, who say they can not now incur the expense of making connections, while a few say they will not take service until the City has a reservoir. Very respectfully submitted. Jno. M. Maddox, Superintendent. Read at a meeting of the Water and Light Commission held May 27, 1895, and on motion was referred to the City Council. W. J. Oliphant Secretary, Water and Light Commission. Received and filed. From the Water and Light Commission - Austin, Texas, May 31, 1895. W. H. Tobin, Chairman Water and Light Commission, Austin, Texas. Dear Sir - Sub-division 26, Section 33, page 17 of the water and light rate ordinance does not authorize portable fan service except by meter. The meter cost deters many citizens --- Page break --- 156 from taking such service and as the current required for a portable fan is not beyond that required for a 32-Candle power lamp, I would recommend that the ordinance be so amended as to make the same flat rate for portable fans as is made for 32-Candle power lamps, which would be $1.00 per month for 6 hours; 1.50 for 12 hours; 2.50 for 18 hours and $3.50 for 24 hours service; and to save consumers the cost of meters for arc lamps I would recommend that the ordinance be so amended as to make the rate for arc lights on incandescent circuits as follows: For 1200-Candle power arc light same as 16 lamps of 16-Candle power, and for 2000-Candle power arc light same as 20 lamps of 16-Candle power. Very respectfully Submitted. Jno. W. Maddox, Superintendent. Read at a meeting of the Water and Light Commission on May 27, and on motion was referred to the City Council with the recommendation that the rates be adopted and that the amendments be made as suggested. W.J. Oliphant, Secretary Water and Light Commission. Alderman Goeth moved that the report be adopted, and referred to the Committee on ordinances with instruction to prepare and report an ordinance covering the recommendations made. Carried. Aldermen Anderson and Redd entered the Council Chamber and answered to their names. From the Water and Light Commission: Austin, Texas, May 31, 1895. A. D. & S. Ry Co. Rates. W.H. Tobin, Chairman: The Austin Dam and Suburban Railroad Company agrees to accept the proposition made by the Water and Light Commission to furnish power for electric cars at $2.00 per motor car per day, trailers free, not less than three cars shall be run per day and as many more as Company may wish at same per car price and conditions, provided contract be made for five years with privilege of renewing same. Austin Dam and Suburban Railroad Co. J.H. Chiles, President. The within communication was read at a meeting of the Water and Light Commission on May 31, and on motion it was referred to the City Council with the recommendation that the proposition be approved and that a contract in accordance therewith be authorized. W.J. Oliphant, Sec. W. & L. Com. On motion the report was adopted and the mayor authorized to enter into contract in accordance with the recommendation therein contained. Alderman Townsend for the Committee on Streets bridges and alleys, presented the following report: Austin, Texas, June 3 1895. --- Page break --- 157 To Hon. Mayor and City Council: Your Street Committee to whom was referred the matter of the "Dummy road" using the poles of the City's Electric plant to suspend their trolley wire, beg leave to report that they have carefully investigated and considered the matter and find in the con- tract of sale of the Dam railroad to the Fort Wayne Electric Company the following clause, to-wit: "In connection with the transfer of the Dam railroad as herein -after mentioned, it is hereby declared that when said railroad is made an Electric trolley road, the owner shall have the right to attach cross suspension wires to the poles of the main electric lines as herein contracted for." Therefore in accordance with the above clause in contract, your committee is of the opinion that the owners of the Dam railroad have the right to attach cross suspension wires to the poles of the main Electric lines of the City, but we fail to find in said contract where authority is granted to the owners of said railroad to attach their cable or feed wires to the poles of the main electric lines and believe that a reasonable amount should be required for attaching feed wires to said poles. Respectfully Submitted, J. H. Jackson, J. W. Townsend, T. B. Nitschke, Street Committee. Alderman Haynes moved that the Austin Dam and Suburban Railway Company be authorized to attach feed wires to the City poles along said road Conditioned that the said Company will maintain the said poles in proper order and whenever necessary suitably guy them. Alderman Glass moved to amend the motion by adding the following proviso thereto: Provided the said Company will enter into a written agree-ment to do so. The amendment was carried and the motion as amended adopted. Alderman Powell, for the Committee on police, to whom was referred the City Marshals report for the month of May, 1895 presented a report thereon which states that the reports were examined and found to be correct. The report of the Committee as adopted. Alderman Redd, for the market Committee, to whom was referred an ordinance appropriating $25.00 for retouching the photographs of ex-mayors of the City now in the Council Chamber, made report which states that while "we think the object of the ordinance a patriotic one we can not approve even the expenditure of ever so small amount of the City revenues --- Page break --- 139 at the present time except when positively necessary, therefore we do not approve the ordinance. The report was adopted. Alderman Glass, for the Committee on Sanitation and Sewerage to whom was referred petitions complaining of dairies and stock pens kept by Mr. John D. Jackson and Mr. Burnap, reported that we have examined the premises and find the condition such as would naturally be objectionable to a neighborhood, especially in regard to the dairy kept by Mr. Burnap, which being located on a flat lot, with very little drainage, has become, from want of cleaning, to say the least, very disagreeable and dangerous to the health of the residents living near the north side of the street, several bulls also being kept in the lot for breeding purposes. The Committee recommended that the City Clerk be instructed to furnish the City marshal with a copy of the ordinance governing the keeping of dairies and stock pens, and that the marshal be instructed to strictly enforce same. The Committee further recommend that, if there is no ordinance governing or regulating the condition in which dairies and stockpens should be kept, the ordinance Committee be instructed to draw up an ordinance prohibiting the keeping of more than three cows on any one's premises within the City limits, and requiring all dairies to be moved outside the City limits within 30 days from passage. The report was adopted. G. N. Todd. Report as to Cotton Factory Alderman Taylor, for the special Committee to whom was referred the proposition of Mr. G. N. Todd to establish a Cotton factory in or near the City, reported verbally that Mr. Todd has withdrawn his proposition. The report was adopted and the committee was discharged. Unfinished Business. Ft. Wayne Elec Co $3500.00 An ordinance entitled, "An ordinance appropriating the sum of $3500.00 for the purpose of paying the Fort Wayne Electric Company estimates Eight and nine"; Came up on its second reading and was read. The rules were suspended, the ordinance was read a third time and passed by the following vote: Yeas - Aldermen Anderson, Fischer, Glass, Glasscock, Goeth, Haynes, Nitsche, Powell, Redd, Schneider, Shelley, Taylor, Tobin, Townsend, Monmonth - 15. The following was read and ordered to be filed: City Schools entitled vote of thanks for [illegible] Austin, Texas, May 31, 1895. To the Mayor and City Council: Gentlemen- At a call meeting of the board of school trustees this morning, I was authorized to extend to your honorable body a vote of thanks for your kindness and consideration in furnishing the schools with free water. Very respectfully, Linton W. Smith. Clerk of the Board of School Trustees. --- Page break --- 159 Rp't was accepted. Ft Wayne Elec Co. The following was read: Mr Wooldridge moved that the board of Public works recommend to the City Council the acceptance of the electrical machinery delivered to the City by the Fort Wayne Electric Company as being in full compliance with the Contract with said Company, which motion prevailed. I hereby certify that the above is a correct extract from the minutes of the meeting of the Board of Public Works held on May 24, 1895, as shown by the records of said meeting. M. J. Oliphant, Secretary, Board of Public Works. Alderman Goeth moved that the report be adopted. Alderman Nitschke moved that it be referred to a special com-mittee of three. Adopted by the following vote: Yeas - Aldermen Fischer, Glasf, Glascock, Haynes, Nitschke, Powell, Redd, Schneider, Shelley, Taylor, Townsend, Warmoth - 12. Nays - Aldermen Anderson, Goeth, Tobin - 3. The Chair appointed Aldermen Nitschke, Glasf and Goeth as such Committee. City to execute deed of Dam R R to Ft. Wayne Elec Co. The following was read: Resolved, That the City Council be and it is hereby requested to execute such deed of the dam railroad to the Fort Wayne Electric Corporation or their assigns as called for in the contract between the City of Austin and said Corporation, dated March 22, 1894. The above resolution was adopted at a meeting of the Board of Public Works held on June 3. 1895, as shown by the records of said meeting. M. J. Oliphant Secretary, Board of Public works. The resolution was adopted. $400. St Labor. By Alderman Townsend - An ordinance appropriating the sum of $400 for the purpose of paying street and sanitary laborers. It was passed under suspension of the rules by the follow-ing vote: Yeas - Aldermen Anderson, Fischer, Glasf, Glascock, Goeth, Haynes, Nitschke, Powell, Redd, Schneider, Shelley, Taylor, Tobin, Townsend, Warmoth - 15. Test of W W pressure by Ed. F. Zalonick By Alderman Haynes - Whereas, Mr. Ed. F. Zalonick, insurance inspector for underwriters, is now in the City and with a view of adjusting rates of insurance, desires to see a test of fire pressure from the City works; therefore, be it Resolved, that Mr Ford, Chief of the fire department be requested to make such test tomorrow afternoon at 5 o'clock with such amount of hose as he may deem expedient. Adopted. By Alderman Glascock - Whereas, it is proven to the satis-faction of the Committee appointed to inquire into the cause of the recent accident at the dam that the accident was caused --- Page break --- 160 by defective governors and not by inefficiency on the part of Mr. Sparks, therefore in justice to the gentleman, be it Resolved, That the Superintendent be requested to give Mr. Sparks employment in the operation of the Water and Light plant at as early a date as practicable. Alderman Glass moved that the resolution be adopted. Alderman Schneider moved that the resolution be tabled. The latter motion prevailed by the following vote: Yeas - Aldermen Fischer, Goeth, Nitschke, Schneider, Shelley, Taylor, Tobin, Townsend - 8. Nays - Aldermen Anderson, Glass, Glasscock, Haynes, Powell, Reid, Warmoth. - 7. Chief F. D. By Alderman Schneider - Whereas it is reported that the Chief of the Fire Department has made statements under his official signature to an agent of the State Board of Underwriters, detrimental to the interest of the City. Therefore, be it adopted by the City Council of the City of Austin, that the Fire Committee be authorized and empowered to investigate said reports - and that said committee shall have full power and authority to order out any company for inspection and testing of hose. Adopted. Transfer $2000 to W. L. Recommended Mayor McDonald requested the Council to reconsider the vote adopting the resolution instructing the City treasurer to trans-fer $2000.00 from the general fund to the water and light fund. Alderman Tobin moved that the vote be reconsidered and the motion prevailed. $3000 W & L Earnings By Alderman Tobin - An ordinance appropriating the sum of $3000.00 for the pur-pose of paying operating expenses of the Water and light system and expenses of placing the plant in operation. It was read the first time and then a second and third time under suspension of the rules and passed by the following vote: Yeas - Aldermen Anderson, Fischer, Glass, Glasscock, Goeth, Haynes, Nitschke, Powell, Reid, Schneider, Shelley, Taylor, Tobin, Townsend, Warmoth. - 15. The money appropriated is to be taken out of the earnings of the Water and light system. Fans & A L By Alderman Taylor - An ordinance to fix flat rates for portable fans and arc lights on incandescent circuits. It was read the first time and then a second and third time under suspension of the rules and passed. Section 1 of the ordinance fixes the flat rate for portable fans, for 6 hours, $1.00 per month; $1.50 for twelve hours; $2.50 for eighteen hours and $3.50 for twenty four hours service per month. Flat rates for arc lights on incandescent circuits, for a 1200-candle power lamp is the same as for sixteen lamps of