257 Minutes of a Regular Meeting of the City Council. Austin, Texas, Oct. 21st 1895. Hon. John McDonald, Mayor, presiding. Roll call Roll Called Present- Aldermen Anderson, Assman, Fischer, Glascock, Haynes, Lawless, Linn, Mitscher, Olcott, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Tobin, Townsend and Warmoth. Absent Aldermen North and Shume. Adoption of minutes of last meeting The minutes of the last regular meeting were adopted as printed. By Alderman Taylor - A resolution that the Council meet hereafter at 8 o’clock P.M. adopted. Alderman Linn presented the following petition. Austin, Texas, Oct. 16th 1895. Petition of J.L. Beeler Pres. American Carnival Regatta Association To the Honorable Mayor and City Council of Austin. The American Carnival Regatta Association respectfully petitions your Honorable body to allow it to fence that portion of land starting at and running in a straight line with the dam to or near the track of the Austin Dam and Suburban Railway Company, thence west along said track to the near end of the house formerly used as an office in building the dam or, rather to the line of Hon. John McDonald. It is very important that you grant our request. The boat houses used for the regatta heretofore have been on the river some four or five hundred yards from the dam, but the one we propose to use now is situated near the dam, where all of the oarsmen can be seen, and the races start and finish there, which would be very convenient to the spectators. If you should decline to grant our request, then we would be forced to start and finish our races quite a distance up the river, at a great inconvenience to ourselves and annoyance to our people. The stockholders of this association consisting of about two hundred representative citizens of Austin, join us in making this request and we most respectfully beg of you to act immediately upon this matter, as there is not a moment to lose. In event of your compliance with our request the fence will be erected about the 1st of November and removed about the 9th day of November 1895. at our own expense. Thanking you in advance for any kindness you may show us, we are, very respectfully yours. J.L. Beeler, President. The Petition was granted. Petition of Don Wilson for remission of fines. By Alderman Fischer. Petition of Don Wilson requesting the Council to remit a fine assessed against him in the Recorder’s court for obstructing the sidewalks. The petition was approved by the Mayor. Alderman Taylor moved to lay the petition on the table. Lost by the following vote: Yeas. Aldermen Glascock, Haynes, Olcott, Roberdeau, Taylor and Warmoth. 6 Nays. Aldermen Anderson, Assmann, Fischer, Glascock, Haynes, Lawless, Linn, Mitscher, Olcott, Powell, Redd, Schneider, Shelley, Tobin, and Townsend. 13. The petition was then granted. Invitation from the Board of Trade was then read and on motion --- Page break --- 258 accepted: Invitation from Board of To How. John McDonald, Mayor, and Members of the Austin City Council. Trade/ Gentlemen: A cordial invitation is hereby extended to your honorable body to meet with our citizens in mass meeting assembled tomorrow night at 8 o’clock at Millett’s Opera house to consider the all important subject of “The Austin Cotton Mill” the first enterprise of any magnitude which has been promoted to use our great water power and the popularity of which is attested by the fact that, with only a preliminary canvass there are over 900 subscribers to the stock. We need your assistance and co-operation in what promises to be of the greatest benefit to Austin. Very truly yours! The Austin Board of Trade Petition of Merchants of By Alderman Anderson. - Petition of Merchants of the City of Austin, rethe City of Austin. questing the Council to pass an ordinance prohibiting retail street drummers’ so- liciting trade on the streets without a license. On motion of Alderman Linn the petition was referred to the ordinance Committee and the City Attorney. Petition of Thos H Wheless. By Alderman Anderson - Petition of Thos. H. Wheless! To repair and remove to repair & remove certain certain buildings and awnings! which petition was granted. buildings. By Alderman Groberdean - Petition of Joseph Stumpf and G. C. Bengerger, Petition of Jos Stumpf and Hall Trustees, for permission to make certain improvements and changes in the G. C. Bengener: Hall Trustees. Hall of Stros and Solder and Colorado Fire Companies. The petition was granted. Alderman Linn moved to suspend the regular order of business and allow Report of Finance Committee. the Finance Committee to make a report. Carried. Alderman Linn then submitted the following report from the Committee on Finance: Austin, Texas, Oct. 21st, 1895. To the Honorable City Council of the City of Austin. Gentlemen - Referring to the proposition of M. C. Wooldridge, President of the City National Bank, with reference to sale to the City of Austin, Sixteen thousand dollars of Water Works and Electric Light 5 per cent Gold Bonds to be paid for out of the Sinking Fund of said Bonds, at 98 ½ cents, which said proposition was approved by the Finance Committee of the City Council and accepted by your honorable body, and for the purchase of said Bonds an ordinance was duly passed on Oct. 7. 1895 and approved on Oct. 8, 1895, appropriating the sum of Fourteen thousand and eight hundred dollars, with which to pay for said Bonds, we beg leave to report that the Bonds above named have been delivered and paid for as follows, viz: Bonds numbered 378, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, and 398, say 15 Bonds $1000. each, with proper coupons to each annexed, $15,000, at 98 ½ cents on the dollar, $14,775. This latter sum has been paid over to Mr. C. Wooldridge, President, as aforesaid, and the said Bonds are herewith delivered to the Council. It is noted that the appropriation exceeded the cost of the Bonds by the sum of $25.00 which said sum is herewith handed in with the Bonds. We recommend that these Bonds be destroyed in the presence of the Council as were those heretofore purchased. Respectfully submitted, --- Page break --- 259 Henry A. Linn Thomas F. [illegible] John McDonald, Mayor. The report of the Committee was adopted, and the Mayor appointed Alderman Anderson, Shelley and Blass a special committee to destroy said Bonds in accordance with the recommendation of the Committee. City Clerk instructed Alderman Linn moved that the City Clerk be directed to turn over to the City to turn over this $15.00 Assessor and Collector the $15.00 returned by the Commit& C. tee to be deposited with the credit of the interest and sinking fund of the Water and Light Bonds! Recess of Council Alderman Crowell moved that the Council have a recess of five minutes, awaiting the report of the Committee. Carried! Council called to order. Alderman Linn entered the Council and answered to his name. Report of Special Com. Alderman Anderson for the special committee presented the following report: Austin, Texas, October 21st 1895. Hon. John McDonald, Mayor, and Board of Aldermen: Your Committee appointed to destroy the $15,000 water and light Bonds of the City of Austin, have performed the duty by burning said Bonds. G. E. Anderson. W. D. Shelley. R. Blass. Bill of Travis County The Mayor laid before the Council a bill of Travis County against the against the City for ½ City of Austin for $125.96, being for one half the amount paid by the County for the cost of Bull Creek road. Bull Creek road. The bill was referred to the Street Committee. Alderman Dobin presented the following communication: Austin, Tex. Oct. 21st 1895. To the Honorable City Council: Communication from Gentlemen– I am directed to submit to your honorable body the following W & L Commission on report of the proceedings of the Water and Light Commission in the Reservoir Reservoir matter matter. Specifications, as prepared by Engineer Dunning, were printed and proposals for building the reservoir were solicited by advertisement. Four bids were received by the Commission at a full meeting held on September 13th 1895, each bid being accompanied by a certified check for $5000. The bids were opened and were referred to the Superintendent and Secretary for canvassing and scheduling, and at a special meeting of the Commission, with four members present, held on the 16th of September, the schedule of the bid who read, showing the total to be as follows: Waterston and Wattinger. $42,635.00 H. L. Brenneman. 49,618.75 Flume and Flynn. 64,593.50 Howard Neely. 65,501.25 All of the bids were based upon the Engineer's estimates of quantities for a hundred million gallon reservoir. On motion the bids of Howard Neely, Flume & Flynn and H. L. Breneman were rejected and their certified checks were directed to be returned to them. Mayor Crowell offered the following as the report from the Water and Light Commission to the City Council in the reservoir matter: --- Page break --- 260 Communication from W. & L. "Your Water and Light Commission beg leave to report that bids for buildCommission on reservoir ing the reservoir for the Water distribution system were received and opened by the matter Commission on the 13th instant, in accordance with the advertisement, as will be seen from the schedule attached hereto. We respectfully recommend the acceptance by your honorable body of the bid of Messrs. Waterston & Wattinger on condition that the amount of work to be reduced so as to make the total cost of the reservoir not to exceed the sum of $30,000.00 and that the work on the reservoir shall not be commenced until the City has acquired title to the reservoir sites, and that the reservoir shall be finished within four months from the time of beginning work thereon, and that the City Council authorize the execution of a contract with Messrs Waterston & Wattinger accordingly." The question was submitted and was lost on a tie vote, but the vote was reconsidered and further action in the matter was deferred. The question was again called up at a full meeting of the Commission, held on October 11, 1895, when Mayor McDonald moved that the report offered by him on September 16 on the bid of Waterston & Wattinger for building the reservoir be adopted. The motion was lost. Mr. Fischer moved that the bid of Waterston & Wattinger for building the reservoir be referred to the City Council for such action as may be deemed proper without recommendation from the Water and Light Commission, which motion prevailed. The bids of Messrs Waterston and Wattinger and the schedule of all the bids are enclosed. Very respectfully, W. J. Oliphant, Sec. Water and Light Commission. Alderman Haynes moved that the matter be laid over until a site is secured. Alderman Tobin moved to reject the bid of Messrs Waterston & Wattinger. Com. of three appointed Alderman Lawless moved as a substitute for both motions, that a committee of to ascertain cost of site three outside of the Water and Light Commission, from the City Council for Reservoir can be had for be appointed to ascertain what a site for a reservoir can be had for, and that the matter of the bid of Waterston & Wattinger be laid over until that Committee shall report. Alderman Tobin moved to lay the substitute on the table, which motion was lost by the following vote: Yeas–Alderman Glascock, Haynes, Hume, Kitschke, Blatt, Redd, Schneider, Taylor, Townsend and Warmoth–9. Nays–Alderman Anderson, Assmann, Fischer, Glass, Lawless, Linn, Bowell, Roberdran, Shelley, Tobin and Hume–11. The substitute was then adopted by the following vote: Yeas Alderman Anderson, Assmann, Fischer, Glass, Lawless, Linn, Bowell, Roberdran, Shelley, Tobin and Hume – 15. Nays. Alderman Glascock, Blatt, Redd, Schneider and Tobin. 5. Mayor appointed Aldermen The Mayor appointed Alderman Anderson, Linn and Hume as the Anderson, Linn & Hume as the Committee provided for in the above resolution. Committee provided for in the above resolution. Alderman Tobin moved that the Committee be not confined to the Bee Green site, but that they take into consideration any proposed site. Adopted. Alderman Bowell, for the Finance Committee, presented the following report: --- Page break --- Austin, Sep. Oct. 11st 1895 To the Hon. John McDonald, Mayor, and Board of Aldermen of the City of Austin: Gentlemen: Your Committee on Police, to whom was referred the report of the City Marshal for the month of September 1895. beg leave to report that said reports were examined and found to be correct. G. M. Powell. H. L. Haynes. W. D. Shelley. Committee on Police. The report of the Committee was adopted. Alderman Glass - Resolved by the City Council of the City of Austin, That the City Engineer be, and he is hereby authorized to purchase one Mule for cash, also to sell one Mule now being used in the cart for Sanitary purposes. The resolution was adopted. Alderman Glass of the Charity Committee, presented their report upon the petition of Mrs. B. D. Tobin President Texas Eye, Ear, and Throat Charity Hospital, asking the City Council to donate the Electric lights required at its building. Alderman Linn moved that the petition be not granted. Alderman Linn moved that the report of the Committee be not concurred in, and that Electric lights and water be donated for one year, provided that the City shall be at no expense for connections. The motion was carried by the following votes: Yeas: Aldermen Anderson, Assmann, Fischer, Hume, Sawless, Linn, Nitschke, Bowell, Schneider, Shelley, Tobin and Townsend - 12. Nays: Aldermen Glass, Glascock, Haynes, Blatt, Gedd, Roberdeau, Saylor, and Warmoth - 8. Unfinished Business. The Mayor laid before the Council on its third reading an ordinance appropriating the sum of $300.00 to pay claim of J. F. White for damage to crops overflowed by the lake. The ordinance was read third time and passed by the following vote: Yeas - Aldermen Anderson, Assmann, Fischer, Glass, Glascock, Haynes, Hume, Sawless, Linn, Blatt, Gedd, Roberdeau, Schneider, Shelley, Saylor, Tobin, Townsend and Warmoth - 18. Nays - Aldermen Nitschke and Bowell - 2. Alderman Taylor moved that when the Council adjourns it do so, to meet at 8 o’clock P. M. on Friday. Alderman Nitschke moved to amend by inserting 8 o'clock. The motion was lost by the following vote: Yeas. Aldermen Assmann, Fischer, Glass, Hume, Linn, Nitschke and Gedd. - 7. Nays Aldermen Anderson, Glascock, Haynes, Sawless, Blatt, Bowell, Roberdeau, Schneider, Shelley, Saylor, Tobin, Townsend and Warmoth. - 13. On motion of Alderman Bowell the Council adjourned until 8 o'clock P.M Monday October 21st 1895. Jno. P. Johnston City Clerk. --- Page break --- 262 Minutes of an adjourned meeting of the bity Council. Austin, Texas, Oct 28th 1895. Hon. John McDonald, Mayor, presiding. Roll called. Present: Aldermen Fischer, Glass, Hueserich, Horth, Haynes, Lawless, Linn, Platt, Powell, Predd, Richardson, Shelley, Sobow and Townsend, 15. Absent: Aldermen Anderson, Assmann, Simms, Schneider, Saylor and Marmoth, 6. On motion of Alderman Linn the minutes of the last meeting of the Council were adopted as printed. Alderman Linn for the Finance Committee presented the following report, which was read and adopted. Report of Fin. Com. on message of Mayor on Tax levy for 1895. To Hon. John McDonald, Mayor, and the bity Council of Austin. Gentlemen: Your Finance Committee, to whom was referred the message of the Mayor, of date of Oct. 7th 1895, concerning the levy of Taxes for the year 1895, have duly considered the same, and respectfully recommend that the following levy be made for the year 1895. Interest and Sinking Fund on Water and Light Bonds amounting to $1,535,000 98 cents. School Tax .33½ cents. General Revenue Tax 70 cents. Interest on $125,000. indebtedness, part of which were bearing interest at 10 per cent, and recently funded in 5 per cent Bonds. 10 cents. Total 1.81½ It will be noted that the above levy is 11 cents less on the $100. valuation as compared with last years levy, notwithstanding a net increase of the Bonded indebtedness of the bity amounting to $135,000. In explanation of the foregoing with reference to net increase of Bonded debt of $135,000. your committee desire to state: That the $200,000. in Bonds recently voted by the citizens of Austin were issued and sold. In the meantime, however, $65,000. of 5 per cent Dam Bonds were bought and destroyed. While your Committee agree in the main with the recommendations of the Mayor, we deem it inadvisable at this time to make a greater reduction than 98 cents on the $100. in the General Revenue Tax. We, therefore, respectfully recommend that the levy herein suggested be made for the year 1895. Respectfully submitted. J.W. Linn. F.C. Horth. Thomas F. Saylor. Finance Committee. The following recommendation from the Water and Light Commission was read and on motion the same was adopted. Austin, Texas Oct. 28th 1895. Recommendation of the ... Hon. City Council: Gentlemen: At a meeting of the Water and Light Commission held Oct. 28th 1895, to consider the Mayor's [illegible] to this Commission of the [illegible] [illegible] on behalf of said commission, that the [illegible] of the [illegible] Dam for the [illegible] for [illegible] --- Page break --- The user wants a word-for-word transcription of the provided image. The text appears to be minutes from a meeting, possibly of a city council, given the "Hon. City Council" address. Some words are challenging to read due to the cursive script and varying handwriting quality. I will do my best to transcribe it accurately. Page 263 Light Commission to furnish to the Citizens, Electric current for Illuminating or decorating purposes during the regatta free of charge. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. The following communication from the Water and Light Commission was then laid before the Council: Austin, Texas, Oct. 28th 1895. Hon. City Council: Gentlemen: I have the honor to report that at a meeting of the Water and Light Commission held on this date, a motion was made and carried recommending that an extension of 30 days time be granted to Mr. Walter Sipes in which to furnish the City with pipe under his contract with the City, provided he will save the City harmless from the costs & expenses allowed by the City on account of failure to comply with the contract as to the time within which the pipe was to have been furnished. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. Alderman Marmoth and Heasmann entered the Council Chamber and answered to their names. Contractor W Sipes & others Alderman Lawless stated that the Contractor Mr. Walter Sipes, and some invited to address the Council of the Penitentiary officials were in the Hall and moved that they be invited to address the Council if they so desire. Mr. Walter Sipes, the Contractor, and the Hon. F. William Clements one of the Penitentiary officials, then addressed the Council. Alderman Lawless moved that the contractor Mr. Walter Sipes be allowed 90 days in which to comply with his contract to furnish the City with pipe. Alderman Taylor appeared and answered to his name. Alderman Tobin offered the following amendment to the motion of Alderman Lawless: Alderman Tobin's motion to "That the contractor be allowed 90 days time to complete his congrant pipe Contractor 45 tract to furnish pipe to the City, provided that the contractor, at the days to furnish at least end of 90 days, shall be furnishing at least 25000 pounds per day of first 25000 lbs per day. class pipe, and should he fail to do so at that time, that the Mayor shall require the contractor to furnish said pipe, via contract, from some other source. Alderman Glasecock moved to amend by striking out 45 days and inserting 30 days. The amendment was lost. The motion of Alderman Tobin was then adopted. By Alderman Linn- An ordinance levying taxes for the year 1895. Ord. levying taxes for 1895 Said ordinance was passed under a suspension of the rules on the following vote: Yeas: Alderman Heasmann, Sipes, Bliss, Glasecock, Baily, Humphrey, Lawless, Linn, Nixon, W. B. Davis, [Dodd], [Sowell], Binkley, Bibbs, Dorsett, [H. C. Jamsin], Marmoth – 16 Nays: Votes: 16 Ayes 16. Noes 0. The ordinance was then passed and approved. Cash [illegible] $.5503.62. --- **Correction on illegible words after careful review:** Line 45: Dodd and Sowell, Binkley, Bibbs, Dorsett, H. C. Johnson, Marmoth – 16 Let me re-transcribe that line for clarity. Line 45: Linn, Nixon, W. B. Davis, Dodd, Sowell, Binkley, Bibbs, Line 46: Dorsett, H. C. Johnson, Marmoth – 16 Line 48: Cash account $.5503.62 Revisiting original transcription based on clearer image crop and context: Light Commission to furnish to the Citizens, Electric current for Illuminating or decorating purposes during the regatta free of charge. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. The following communication from the Water and Light Commission was then laid before the Council: Austin, Texas, Oct. 28th 1895. Hon. City Council: Gentlemen: I have the honor to report that at a meeting of the Water and Light Commission held on this date, a motion was made and carried recommending that an extension of 30 days time be granted to Mr. Walter Sipes in which to furnish the City with pipe under his contract with the City, provided he will save the City harmless from the costs & expenses allowed by the City on account of failure to comply with the contract as to the time within which the pipe was to have been furnished. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. Alderman Marmoth and Heasmann entered the Council Chamber and answered to their names. Contractor W Sipes & others Alderman Lawless stated that the Contractor Mr. Walter Sipes, and some invited to address the Council of the Penitentiary officials were in the Hall and moved that they be invited to address the Council if they so desire. Mr. Walter Sipes, the Contractor, and the Hon. F. William Clements one of the Penitentiary officials, then addressed the Council. Alderman Lawless moved that the contractor Mr. Walter Sipes be allowed 90 days in which to comply with his contract to furnish the City with pipe. Alderman Taylor appeared and answered to his name. Alderman Tobin offered the following amendment to the motion of Alderman Lawless: Alderman Tobin's motion to "That the contractor be allowed 90 days time to complete his congrant pipe Contractor 45 tract to furnish pipe to the City, provided that the contractor, at the days to furnish at least end of 90 days, shall be furnishing at least 25000 pounds per day of first 25000 lbs per day. class pipe, and should he fail to do so at that time, that the Mayor shall require the contractor to furnish said pipe, via contract, from some other source. Alderman Glasecock moved to amend by striking out 45 days and inserting 30 days. The amendment was lost. The motion of Alderman Tobin was then adopted. By Alderman Linn- An ordinance levying taxes for the year 1895. Ord. levying taxes for 1895 Said ordinance was passed under a suspension of the rules on the following vote: Yeas: Alderman Heasmann, Sipes, Bliss, Glasecock, Baily, Humphrey, Lawless, Linn, Nixon, W. B. Davis, Dood, Showell, Binkley, Bibbs, Dorsett, H. C. Johnson, Marmoth - 16 Nays: Votes: 16 Ayes 16. Noes 0. The ordinance was then passed and approved. Cash account $5503.62. I believe "Dood" and "Showell" are more accurate. "Cash account" also makes more sense than "Cash [illegible]". The page number "263" is at the top right.263 Light Commission to furnish to the Citizens, Electric current for Illuminating or decorating purposes during the regatta free of charge. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. The following communication from the Water and Light Commission was then laid before the Council: Austin, Texas, Oct. 28th 1895. Hon. City Council: Gentlemen: I have the honor to report that at a meeting of the Water and Light Commission held on this date, a motion was made and carried recommending that an extension of 30 days time be granted to Mr. Walter Sipes in which to furnish the City with pipe under his contract with the City, provided he will save the City harmless from the costs & expenses allowed by the City on account of failure to comply with the contract as to the time within which the pipe was to have been furnished. Very respectfully, W. J. Oliphant, Secretary Water and Light Com. Alderman Marmoth and Heasmann entered the Council Chamber and answered to their names. Contractor W Sipes & others Alderman Lawless stated that the Contractor Mr. Walter Sipes, and some invited to address the Council of the Penitentiary officials were in the Hall and moved that they be invited to address the Council if they so desire. Mr. Walter Sipes, the Contractor, and the Hon. F. William Clements one of the Penitentiary officials, then addressed the Council. Alderman Lawless moved that the contractor Mr. Walter Sipes be allowed 90 days in which to comply with his contract to furnish the City with pipe. Alderman Taylor appeared and answered to his name. Alderman Tobin offered the following amendment to the motion of Alderman Lawless: Alderman Tobin's motion to "That the contractor be allowed 90 days time to complete his congrant pipe Contractor 45 tract to furnish pipe to the City, provided that the contractor, at the days to furnish at least end of 90 days, shall be furnishing at least 25000 pounds per day of first 25000 lbs per day. class pipe, and should he fail to do so at that time, that the Mayor shall require the contractor to furnish said pipe, via contract, from some other source. Alderman Glasecock moved to amend by striking out 45 days and inserting 30 days. The amendment was lost. The motion of Alderman Tobin was then adopted. By Alderman Linn- An ordinance levying taxes for the year 1895. Ord. levying taxes for 1895 Said ordinance was passed under a suspension of the rules on the following vote: Yeas: Alderman Heasmann, Sipes, Bliss, Glasecock, Baily, Humphrey, Lawless, Linn, Nixon, W. B. Davis, Dood, Showell, Binkley, Bibbs, Dorsett, H. C. Johnson, Marmoth – 16 Nays: Votes: 16 Ayes 16. Noes 0. The ordinance was then passed and approved. Cash account $.5503.62. --- Page break --- 264 To pay W. H. Tips for pipes furnished the City. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Assmann, Fischer, Glass, Glascock, Dorth, Haynes, Lawless, Linn, Nitschke, Ohrt, Powell, Rudd, Roberdeau, Shelley, Taylor, Tobin Townsend and Warmoth. 18. Nays None. Ord. Appropriating $350.00 to Mrs. Eliza M. Taylor. An ordinance appropriating the sum of $350. to pay claim of pay claim of Eliza Marshall Mrs. Marshall, for land submerged by the Dam. for submerged Lands The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Assmann, Fischer, Glass, Glascock, Dorth, Haynes, Lawless, Linn, Nitschke, Ohrt, Powell, Rudd, Roberdeau, Shelley, Taylor, Tobin, Townsend and Warmoth 18. Nays None. The following veto message of the Mayor was then laid before the Council and read. Mayors Office, Austin Texas, Oct. 23, 1895. Mayors Veto message on To the Hon. City Council City of Austin. claim of S. J. White for Gentlemen. damage to growing crops I herewith return to you without my approval an ordinance overflowed by the Dam. entitled “An ordinance appropriating the sum of $300. to pay S. J. White for damages to growing crops overflowed by the Dam” for the following reasons: First- I know of my own knowledge, from having been on the ground, and from records of the Board of Public Works, that said S. J. White must have known that his cultivated field on which damage is claimed would be overflowed upon the completion of the Dam. The cultivation was not made along the highest portion of the field but extended down more than half way to the waters edge to a level of more than 20 feet below a barn that said White at the same time was claiming damages to the City for flooding. Second. I frequently crossed over the field after being planted, and at no time did I see any growing crop that gave any promise of being of any value, and if damages exist they against the City it could not have been more than $25. Third- The City of Austin made full settlement for all damages by reason of building of the dam as appears by deed executed by himself and others dated November 24, 1893, which reads as follows to wit. :The State of Texas; County of Travis. Know all men by these presents, that we, L. D. Lofley, S. J. White, Sallie White and M. Hall all of said County and State, for and in consideration of the sum of Eighteen hundred and sixty two and 50/100 Dollars, to us, in hand paid by the City of Austin, the receipt of which is hereby duly acknowledged, have this day released and do by these presents release and acquit said City of Austin of all claims for damages that we now have or may hereafter have against said City of Austin for damages or injury, done or that may be done to the tract of land hereinafter described, by reason of the building of said dam by said City, a tract of land in said County and State, described as follows:[illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] --- Page break --- 265 it is claimed the crops for which damage is claimed in this case were planted and grown, which said deed, of record is properly signed and acknowledged by all of the above named parties! Respectfully John McDonald. Mayor. Alderman Shelley moved to postpone consideration of the message until the next regular meeting of the Council, which motion was adopted. Ord. To prevent shagging out By Alderman Taylor An ordinance to prevent shagging out cattle, horses cattle, horses etc. on public etc. on the public squares & parks of the City squares and parks, of the City Alderman Linn moved to refer the ordinance to the ordinance committee, which motion prevailed. Ord. To prevent the use of By Alderman Fischer An ordinance prohibiting the use of Fire hydrants Fire hydrants for purposes for any purpose other than the extinguishing of fires other than extinguishing of Fires On motion of Alderman Roberdeau the ordinance was referred to the ordinance Committee. By Alderman Nitschke An ordinance appropriating the sum of $500. to pay extra street laborers during the month of November 1895. Alderman Taylor moved to strike out $500. and insert $200. Lost. The ordinance was then passed under suspension of the rules by the following vote: Yeas: Aldermen Assmann, Fischer, Glass, Hancock, Gortin, Haynes, Sawless, Linn, Nitschke, Platt, Powell, Redd, Roberdeau, Shelley, Townsend, and Warmoth 16 Nays: Aldermen Taylor and Tobin 2 On motion of Alderman Assmann the Council adjourned. Jno. Johnson City Clerk.