336 Minutes of a Regular Meeting of the City Council. Austin Texas March 02, 1896. Hon. Lewis Hancock, Mayor, presiding. Roll called. Present: Aldermen Dishner, Glascow, Hunsley, Horton, Lanius, Linn, Matthews, Platt, Powell, Predd, Roberdeau, Slumpf, Townsend and Zilker; 15 Absent: Aldermen Beaty, Erdly, Rosengran, Schmidt, Shelley, Snuggs and Tobin. Alderman Townsend moved to dispense with the reading of the minutes and that they be adopted as printed. Carried. Petitions: Petition of G. S. McCutcheon Petition of G. S. McCutcheon asking the Council to pay him for for damages sustained damages to wagon and team caused by falling of a bridge in the City, was read and on motion of Alderman Linn, was referred to the Committee on Claims and Accounts. Ald. Linn excused On motion Alderman Linn was excused from further attendance at this session of the City Council. Pet. from E. J. Iglehart to Alderman Glascow and Taylor appeared and answered to their names. erect a corrugated Iron building Petition of E. J. Iglehart asking permission to erect a corrugated Iron building and fence on Block No 50, City. was read. Alderman Beaty entered the Council Chamber and answered to his name. Pet. of Citizens of 10th Ward to Petition of Citizens of the Tenth Ward asking that Navasota street open Navasota Street be opened, was read, and on motion was referred to the Street Committee. Pet. of Mrs. S. E. Tease to change Petition of Mrs. S. E. Tease asking permission to change certain streets certain streets in outlot No. 6. in outlot No 6, was read and on motion was referred to the Street ComPet. of Mrs. S. E. Tease for mittee and City Engineer. remission of penalty and Petition of Mrs S. E. Tease asking the Council to remit penalty and costs on taxes on property in 14th Ward. costs on taxes on property in South Austin was read, and referred to the Committee on Claims and Accounts. Pet. of Ben Franklin for The Mayor stated, that he had received a petition from Ben remission of fine, refused Franklin asking the remission of a fine assessed against him in the Recorder's Court, which he as Mayor had declined to approve. Alderman Rosengran entered the Council Chamber and answered to his name. Pet. of E. S. Woodward to By Alderman Shelley, petition of E. S. Woodward, asking permission permission to replace steps to replace wooden steps on West Tenth street with stone steps, was read, on W. 10th St. and on motion same was granted. Alderman Erdly entered the Council Chamber and answered to his name. Reports of City Officers: The following reports of City Officers for the month of February, 1896, were then laid before the Council and on motion were referred to their appropriate committees without reading, a synopsis of which was as follows: City Clerk's Report: Receipts of all sources: $1156.67 Disbursements: $1243.00 --- Page break --- 337 Salary of Sexton $22.70 Sanitary Department 105.67 Fire Department 675.00 Streets Bridges, etc. 313.08 Meals for City Prisoners 58.75 City and County Hospital 543.56 Printing etc. 111.10 Charity. 105.19 Salary of Teamsters 372.75 Salary of Pound Master 73.00 Salary of Porter. 40.00 Salary of Alderman 705.00 Miscellaneous. 716.64 Total. $3563.81 Statement of Warrants drawn against the Earnings Fund, during the month. Sewer Rec's $1350.00 Water Service Connections 208.53 Water Service extensions 3.00 Electric Service Connections 550.08 Repairs: 708.04 Electric repairs 31.86 Betterments 5.72 Carbons 1086.80 Tools 37.95 Electric service extensions 1.50 Meter service 59.35 Telephones 10.50 Office Furniture 8.00 Totals $3576.73 Statement of Warrants issued against the Water and Sewer Fund during the month. Total $12,708.50 The reports were referred to the Finance Committee. By the City Marshal. Total amount of Fines assessed in Recorder's Court $930.00 Collected in Cash 131.50 Work out 49.00 Escaped 20.00 Carried forward 70.50 Total 236.00 Grand fees 71.50 C. H. R. Recal fines 49.00 Total number of arrests 39 Referred to Police Committee By the City Prosecuta Number of minor convictions Feb. 1916. 17; Ad. H. M. B. Fine 13 --- Page break --- 338 Discharged during February, Died during February, Number of Patients remaining March 1, 1896. Number of visits to paupers during February 1896. Number of prescriptions to paupers during February 1896. Referred to Hospital Committee By the City Sexton. Exig. Dicu. Total White Colored Males Females Exig. Dicu 15 1 10 6 10 4 16 103 138 Water Suppl Referred to Cemetery Committee By the Superintendent of Water and Light: Total number of Water consumers Total number of Electric Light consumers Receipts during the month: For Water For Electric Light For Electric Powder For Penalties Total Read and ordered filed 1346 696 $1178.23 7367.96 340.88 75.48 $3911.55 Claims & Accounts Com. report on pet. of J. L. Ducksmeyer for remission of taxes The Committee on Claims and Accounts, to whom was referred the petition of J. L. Ducksmeyer asking remission of taxes for the year 1891 on certain property, presented their report recommending that the petition be not granted. The report of the Committee was adopted. Claims & Accounts Com. report on claim of I. G. White for damages The Committee on Claims and Accounts, to whom was referred the claim of I. G. White for damages to crops overflowed by the Said, presented their report, which was read and laid over until the next meeting. Alderman Tobin entered the Council Chamber and answered to his name. Claims & Accounts Com. report on claim of Ben. Colgate for damages for personal injuries The Committee on Claims and Accounts, to whom was referred the claim of Ben. Colgate for damages for personal injuries received, presented their report, recommending an appropriation of $50.00 to pay the same, this to be in full settlement of the claim, and on motion the report of the Committee was adopted. Alderman Schneider entered the Council Chamber and answered to his name. Mayor’s veto message of ordinance granting St. Louis A. A. permission to construct switch on W. 3rd St. The Mayor then read to the Council the following veto message. Mayor’s Office, St. Louis, Feb. 27, 1896. To the Honorable City Council: I hereby disapprove the within ordinance, being an ordinance granting to St. Louis A. A. a right to construct, maintain and operate through its tracks, a switch, turn-out or spur, connecting the St. Louis A. A. with its yards, and running upon and across the West side of W. 3rd St. to be a switch to be used in delivering up or at --- Page break --- business house situated on one of the abutting lots, which purpose is unobjectionably, the language of the ordinance is so broad that the right is there- by given, to use a buildg. to be used for any, lawful, purpose and would thus become practically a grant, of, the Board, of, the, railroad company. To this, one, or more, of the abutting owners seriously object, and the railroad company do not ask so general a grant. The objects sought can be accomplished by grant, for, specific, purposes, in which case a buildg. to be used, for which case would rather benefit, than injure the abutting property, and would be altogether unobjectionable. Lewis Hancock, Mayor. Aldo Sitschler moved to Alderman Sitschler moved to reconsider the vote by which the ordireconsider the vote adopted. nance was passed, which motion prevailed. Alderman Sitschler moved, that the ordinance do pass, notwithstanding the vote of the Mayor; lost by the following vote: Ayes None. Nays, Aldermen Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Kays, Aldermen Sitschler, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Krumf, Saylor, Tobin, Townsend and Zilker 21. New Business. Resolution instructing City Ald. Goeth, Resolution instructing the City Clerk to Clerk to Cash Warrants issued Cash City Warrants issued to the Austin Dam Railroad Comto Dam R.R. & pay Garnish. pany, and, to pay the garnishment of W.J. Zilker vs. The City of Austin, ment. garnishment. and to pay over the balance of said warrants to the Assessor and Collector, and by him deposited with the City Treasurer to the credit of the Water and Light fund, which resolution was adopted. Ord. Appropriating $50.58.49. By Ald. Townsend, An Ordinance appropriating the sum of pay approved Accounts. $50.58.49 to pay approved accounts. Alderman Cowell moved to suspend the rules - and place the ordinance on its second reading, which motion prevailed by the follow- ing vote: Ayes. Aldermen Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Sitschler, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Krumf, Saylor, Tobin, Townsend and Zilker 19. The ordinance was then read a second time. By motion Dr. Crumbberry's Ald. Shelley moved to strike out the amount of Dr. Crumbberrys account of 15.00 was account of $15.00, which motion prevailed. stricken out. Ald. Goeth moved to amend by adding $14.88 to pay the claim of Amended by adding $14.88 James B. Poindexter, for commissions for taxes collected for 1890. Adopted. claim of J.B. Poindexter. Ald. Krumf moved to strike out the amount of account of James B. Harr, $15.00 costs in the case of S.W. Patterson vs. The City of Austin, which motion prevailed. Alderman Saylor moved to reconsider the vote by which the claim of James B. Harr, for costs in the case of Patterson vs. The City, was stricken out of the ordinance, which motion prevailed. Alderman Saylor moved, that the claim of James B. Harr for $15.00 be reinstated in the ordinance, which motion prevailed. The ordinance was then read a third time by its title and --- Page break --- 340 Adoption of Ord. amended to read as follows: 5184 56/100 Final Passage Alderman Redd excused Resolution by Ald. Schneider instructing Marshal to have Photo of ex Mayor McDonald framed & hung on wall of Council Chamber. Ord. granting I. & G.N.R.R. privilege to construct a switch on W. 3rd St. Carried Ord. appropriating $250. for Extra Street work. The ordinance was placed upon its third reading and final passage, which motion prevailed by the following vote: Yeas: Aldermen Beaty, Glass, Goeth, Haynes, Lawless, Platt, Powell, Redd, Roberdsau, Shelley, Stumf, Saylor, Tobin, Townsend and Zilker - 13. Nays: Aldermen Blocker, Fisher, Glascock, Horton, Stitscher and Schneider - 6. The ordinance was then read a third time. Alderman Schneider moved to amend the 8th Sec. of the ordinance by inserting "$5184 56/100" to agree with ordinance as amended, which motion prevailed by the following vote: Yeas: Aldermen Beaty, Glass, Goeth, Haynes, Lawless, Platt, Powell, Redd, Roberdsau, Shelley, Stumf, Saylor, Tobin, Townsend and Zilker - 13. Nays: Aldermen Blocker, Fisher, Glascock, Horton, Stitscher and Schneider - 6. The ordinance was then passed by the following vote: Yeas: Aldermen Blocker, Glass, Goeth, Lawless, Platt, Powell, Redd, Roberdsau, Shelley, Stumf, Saylor, Townsend, Tobin, Zilker - 14. Nays: Aldermen Beaty, Glascock, Haynes, Horton, Stitscher, Rosengren and Schneider - 6. Alderman Redd was excused from further attendance at this meeting by leave. By Alderman Schneider, Be it resolved by the City Council of the City of Austin, That the Marshal be requested to procure a photograph of exMayor McDonald, have it properly framed and hung up in an ap- propriate place in the Council Chamber, and to present his account for same to the City Council for payment. Adopted. By Alderman Powell, An ordinance granting the privilege to the International and Great Northern Railroad Company to construct, maintain and operate a switch from the track of said International and Great Northern Railroad Company to and along the south side of Block No. 79, of the City of Austin, Texas. The ordinance was passed under suspension of the rules by the following vote: Yeas: Aldermen, Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Stitscher, Platt, Powell, Roberdsau, Rosengren, Shelley, Stumf, Saylor, Tobin, Townsend and Zilker - 19. Nays: Alderman Schneider - 1. By Alderman Zilker, An ordinance appropriating the sum of $250.00 for the purpose of paying for extra street work. The ordinance was read and on motion the rules were suspended and the ordinance placed upon its second reading by the following vote: Yeas: Aldermen, Beaty, Blocker, Glass, Goeth, Haynes, Horton, Lawless, Platt, Powell, Redd, Roberdsau, Rosengren, Schneider, Shelley, Stumf, Saylor, Tobin, Townsend and Zilker. 19. Nays: Alderman Glascock. 1. Alderman Stitscher moved to strike out the word "and" in the 1st line of the 13th section of the ordinance. Alderman Zilker moved to reconsider the vote. Alderman Stitscher moved to postpone this motion till the next meeting. Alderman Stitscher to table motion. --- Page break --- ordinance on its third reading and final passage. The motion was adopted by the following vote: Yeas Aldermen Beaty, Gloss, Gorth, Haynes, Horton, Lawless, Nitschke, Platt, Powell, Roberdran, Rosengren, Schneider, Stumpf, Saylor, Tobin, Townsend and Zilker 17 Nays Aldermen Fischer, Glascock and Shelley 3. The ordinance was then read a third time and passed by the following vote: Yeas Aldermen Beaty, Gloss, Gorth, Haynes, Horton, Lawless, Nitschke, Platt, Powell, Roberdran, Rosengren, Schneider, Stumpf, Saylor, Tobin, Townsend and Zilker 17 Nays Aldermen Fischer, Glascock and Shelley 3. Ord. Appropriating $1600 to build By Aldermen Powell, An ordinance appropriating the sum of $1600 to build build Stone Culverts on W. Fifth stone culverts over Little Shoal Creek across Congress Avenue Street. Bridges and West Fifth Street. The ordinance was read and on motion was referred to the Street Committee. Resolution Transferring all By Aldermen Zilker, Resolved by the City Council of Austin, Texas, the Penstock Pipes to build that all the Penstock pipes left over from the construction of the bridges & culverts. Dam, be, and the same are hereby transferred for the purpose of building bridges and Culverts. Adopted. Ord. appropriating $13.75 By Alderman Tobin, An ordinance appropriating the sum of to pay Replogle Governor Works $13.75 to pay approved account of the Replogle Governor Works for 3 Water Governors. for three Water Governors. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Fischer, Glascock, Gloss, Gorth, Haynes, Horton, Lawless, Nitschke, Platt, Powell, Roberdran, Rosengren, Schneider, Shelley, Stumpf, Saylor, Tobin, Townsend and Zilker 20. Nays None. Ord. Amending an Ord. By Alderman Saylor, An ordinance amending an ordinance entitled Entitled An Ord. to prevent An ordinance to prevent staking out and near cattle, cows, calves, Staking out Stock on public Horses, Mules, or jackasses on the public Squares and Parks of the Squares & Parks & Streets City of Austin; to prohibit hitching such animals to fences on the public streets of said City, and to provide a penalty for the same. The ordinance was read and a motion made to suspend the rules and place the ordinance on its second reading, which motion was lost by the following vote: Yeas Aldermen Glascock, Haynes, Lawless, Platt, Powell, Roberdran, Rosengren, Schneider, Shelley, Saylor and Zilker 11. Nays Aldermen Beaty, Fischer, Gloss, Gorth, Horton, Nitschke, Stumpf, Tobin and Townsend 9. Ord. appropriating $1067.26 By Alderman Fischer, An ordinance appropriating the sum of to pay W. Sips final est. on $1067.26 to pay Walter Sips' final estimate on East Iron Pipe East Iron Pipe under contract. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Fischer, Glascock, Gloss, Gorth, Haynes, Horton, Lawless, Nitschke, Platt, Powell, Roberdran, Rosengren, Schneider, Shelley, Stumpf, Saylor, Tobin and Townsend 20. Nays None. --- Page break --- 342 Nays None. Ords. appropriating $750. to pay By Alderman Platt, An ordinance appropriating the sum of $750. for the Claim of Ben Holgate for damages purpose of paying the claim of Ben. Holgate for damages in a suit pending in the District Court of Travis County, Texas! The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Nitsche, Platt, Bowell, Roberdeau, Rosengren, Stumph, Saylor, Tobin and Zilker 17. Nays Alderman Fischer, Schneider, Shelley and Townsend 4. Ords. appropriating $170. to By Alderman Glascock, An ordinance appropriating the sum of $170. for pay Mrs. J. Samuels from bond Mrs. J. Samuels and Kearns at the Park at the Dam. The ordinance was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Nitsche, Platt, Bowell, Rosengren, Schneider, Shelley, Stumph, Saylor, Tobin, Townsend and Zilker. Nays Alderman Roberdeau 1. Ords. appropriating $797. to By Alderman Roberdeau, The Council an ordinance appropriating the pay Mrs. L. Walsh a judgement sum of $797.75 To pay a judgment in favor of Mrs. L. Walsh against for damages to land. the City of Austin. The ordinance was read and a motion made to suspend the rules and place the ordinance on its second reading, which motion was lost by the following vote: Yeas Alderman Glass, Goeth, Haynes, Horton, Lawless, Nitsche, Platt, Bowell, Rosengren, Schneider, Shelley, Stumph, Tobin and Zilker 14. Nays Alderman Beaty, Fischer, Glascock, Roberdeau, Saylor and Townsend 6. Alderman Tobin moved to reconsider the vote by which the Council refused to suspend the rules, which motion prevailed. Alderman Tobin moved to suspend the rules and place the ordinance on its second reading, which motion prevailed by the following vote: Yeas Alderman Beaty, Fischer, Haynes, Horton, Lawless, Nitsche, Platt, Bowell, Rosengren, Schneider, Shelley, Stumph, Saylor, Tobin, Townsend and Zilker 15 Nays Alderman Beaty, Fischer, Glascock, Roberdeau and Saylor 5. The ordinance was then read a second time and was passed under suspension of the rules by the following vote: Yeas Alderman Beaty, Fischer, Glascock, Horton, Lawless, Nitsche, Platt, Bowell, Rosengren, Schneider, Shelley, Stumph, Saylor, Tobin, Townsend and Zilker 17. Nays Alderman Beaty, Fischer, Glascock, and Roberdeau 4. Resolution instructing Fin. By Alderman Saylor, Resolved, that the Finance Committee be Com. to invest Sinking fund. and they are hereby, authorized and directed to invest the Sinking fund of the Water and Light fund, now on hand in Austin City 5 per cent Water and Light bonds. If such are for sale. The resolution was passed, by the following vote: Yeas Alderman Beaty, Fischer, Horton, Nitsche, Bowell, Roberdeau and Saylor 7. Nays Alderman Glass, Goeth, Haynes, Lawless, Rosengren, Schneider, Shelley, Stumph, Tobin, Townsend and Zilker 13. Division 13. Jno. B. Rogan City Clerk.