346 "Minutes of a Regular Meeting of the City Council "Austin, Texas, March 16, 1896. Hon. Lewis Hancock Mayor presiding. Roll called Present: Aldermen Fischer, Finserick, Giass, Hox, Owell, Ordd, Hobenick, Presseryran, Shelley, Humb, Taylor, Schuv Townsend and Zilker 15 Absent: Aldermen Deuby, Louth, Haynes, Lawless, Nitschke, Oluth and Schneider. Alderman Ordd moved to dispense with reading the minutes and that they be approved as printed. Adopted. Petitions: By Alderman Roberdeau, Petition of Dr. M. V. A. Taylor asking permission to finish and use a wooden fence 15 feet high in the Fire Limits. On motion was granted. The Mayor laid before the Council a communication from the Chief of the Fire Department, asking an appropriation of $5.00 to enlarge the door of the Hook and Ladder Fire Company; which was read and laid over to come up with an ordinance on the subject. Aldermen Schneider and South, entered the Chamber and answered to their names. Petition of J.A. Duncan, asking permission to open and run a lunch stand on vacant lot near the Convention Hall, was read and referred to the Chief of Police. Petition of Citizens to have Lavaca Street sprinkled was read and referred to the Water and Light Commission. By Alderman Zilker, Petition of Citizens and taxpayers to open East Fourth Street through outlots Nos. 8, 9 and 10, Division O, was read and referred to Street Committee. By Alderman Zilker, Petition of Citizens of the Tenth Ward, asking the Council to open Third street where it crosses Waller Creek, and to build a bridge across said Creek. Read and on motion referred to the Street Committee. Aldermen Haynes, Lawless and Platt, entered the Council and answered to their names. The Mayor laid before the Council and had read the following veto message. Austin, Texas, March 7 1896. To the Hon. City Council; Gentlemen; I return herewith resolution passed by your honorable body on March 9, 1896, transferring all the unused penstock pipes belonging to the City, for the purpose of using same in building Bridges, with my disapproval of same, and my reasons therefor: First, This penstock water use bought with money which was the proceeds of the sale of the Water and Light Bonds, and I understand this is questioned by some; but if there is any doubt about it, the testimony of Judge John D Houghton and Mr. [illegible] who at that time were members of the Board of Public Works, will settle the matter. --- Page break --- 347 I think it can not be said there is no hope or prospect of using this pipe within a reasonable time. There is a general and earnest desire on the part of the people that the surplus power should be used, and at this moment an effort is being made to organize a Cotton Mill. If this Mill is organized, or any other manufacturing enterprise, would at once require just such Penstock piping as that on hand, and which it is proposed to use for a different purpose. In this same connection I wish to remind the Council that the matter of storing the spring water, in order that the total supply may be used for our Water system is one of great importance, and that we may have to use one or more stand-pipes for this purpose, in which case this Penstock piping could probably be used by the City at its full value. Second: Even if the Water, Light and Power Plant did not require for its completion the Penstock under consideration, and if it were for that reason im- possible to use it for other purposes, I can not think that this is a proper time to undertake the building of bridges. Even with the use of the pipe in question, bridge building must necessarily cost the City considerable money and at this time, with the General revenue lower than for many years, the Water, Light and Power Plant incomplete and in only a partial state of operation, the heavy tax rate and the general and continued depression in business of all kinds, I do not think the City would be justified in spending any money at all in building bridges that are not actually and absolutely necessary. I can not or said that any such necessity exists at this time. It must be remembered also that the penstock pipe is not going to waste and that a coat of paint, costing only a few dollars, will preserve it for years to come as effectually as if it was stored under shelter. For these reasons I disapprove the resolution above named and hope the Council will seriously reconsider the same with a view to at least postponing for the present the action contemplated. Respectfully, Lewis Hancock, Mayor. Aldermen Beaty and Nitschke entered the Council Chamber and answered to their names. Motion to reconsider vote passing resolution vetoed by Mayor Alderman Tobin moved to reconsider the vote by which the resolution, vetoed by the Mayor, was passed, which motion prevailed by the following vote: Yeas Aldermen Beaty, Fischer, Glasscock, Glass, Gorth, Haynes, Horton, Jarmel, Kinnard, Nitschke, Oliphant, Powell, Boten, Schneider, Stumpf, Taylor, Tobin, Townsend, Von Rosenberg-Doom, and Zilker, 21. Nays Alderman Reed. 1. Motion to pass resolution over Mayor's veto Lost Alderman Linn moved that the resolution pass, notwithstanding the objections of the Mayor, which motion was lost by the following vote: Yeas Aldermen Beaty, Horton, Nitschke, Oliphant, Powell, Schneider, and Tobin, 7. Nays Aldermen Fischer, Glasscock, Glass, Gorth, Haynes, Jarmell, Kinnard, Linn, Reed, Boten, Stumpf, Taylor, Townsend, Von Rosenberg-Doom, Zilker, 15. --- Page break --- 348 Communication from Z. R. Brockway of the Executive Committee of the Natl. Prison Assn. The Mayor laid before the Council and had read the following communication: Elmira, N.Y. Feb-7 1896. Hon. Lewis Hancock, Mayor of the City of Austin, Austin, Texas. Dear Sir: I have to acknowledge with full appreciation the honor of the invitation signed by yourself personally, transmitting at the same time the resolution of the Council of the City of Austin. to the National Prison Association to hold the next annual meeting in Austin. This resolution of the Council is dated November 1895, and reaches me after the Executive Committee of the National Prison Association have, by authority conferred upon them at the Denver meeting, already accepted the invitation of the people of Milwaukee, Wisc. to hold the meeting there the last of September or first of October of this year. Indeed the date of the action of the Council, November, 1895, is subsequent to the determination of the matter by the committee. I have heard expressions - from the President of the Association and others, and I myself at present feel strongly inclined to use my vote and influence to hold the next meeting (1897) at Austin, Texas, should the Prison Association be again favored at the Annual meeting at Milwaukee next fall with a renewal of the invitation from the authorities and the people of Austin to meet there in 1897. Very respectfully Yours, Z. R. Brockway, For the Executive Com- mittee of the National Prison Association. Alderman Woeth moved that the invitation be renewed for 1897. Carried. Assessor's & Collector's report for Feb- 1896 The Mayor laid before the Council the report of the Assessor and Collector for the month of February 1896, and on motion the same was referred to the Finance Committee without reading. A synopsis of the report is as follows: To collections as follows: From General revenue tax of 1895. $1867.01 From General revenue tax of 1894. 263.55 From General revenue tax of 1893. 75.08 From General revenue tax of 1892. 55.70 From General revenue tax of 1891. 58.67 From General revenue tax of 1890. 51.00 " License tax 668.60 " Fines from Recorder's Courts 217.00 " Pound fees and sales 47.00 " Interest and Costs (acct. taxes) 146.00 Total. $3444.15 W.W. tax, Interest and Sinking Fund, total 5138.05 Interest and Taxes on P. I. Bonds, total 460.97 School taxes total 1797.64 Grand total $10 840.81' --- Page break --- 349 Report of City Treas. Account General Fund $ 5,088.50 for Feb, 1896. Account Interest on Bonds issued prior to May 1, 1890. 538.00 Receipts Feb. 12, Account General Revenue 800.00 " 15 " " 700.00 " 12 " Fines in Recorder's Court 1,500.00 " 15 " License 217.00 " 18 " Interest on Bonds issued prior to May 1, 1890. 150.00 " 25 " " " " " " " 150.00 Total. $ 8,294.49 Disbursements March 3, 1896; Paid Warrants from February 3, 1896, to March 3, 1896. $ 5,580.07 Balances: March 3, Account General Fund 2,068.52 Account Interest on Bonds issued prior to May 1, 1890. 638.00 Total $ 8,294.49 Account Earnings Fund. Feb. 3, 1896, Balance on hand. $ 435.59 Receipts March 3 Received from John W. Maddox, Superintendent, as Earnings and the Collection of State Warrants from February 3, 1896, to March 3, 1896. 5082.11 Total $ 10,817.70 Disbursements March 3, Paid Warrants from February 3, 1896, to March 3, 1896. $ 4817.66 Balance on hand 6000.04 Total $ 10,817.70 Account Water Works and Electric Light Fund. February 3, 1896. Balance on hand. $ 77,536.80 Receipts February 10, Sale of Engine. 30.00 Total $ 77,566.80 Disbursements March 3, Paid Warrants from February 3, 1896, to March 3, 1896. $ 13,003.85 Balance on hand. 54,472.95 Total. $ 77,566.80 Account Interest and Sinking Fund. February 3, 1896. Balances Account Interest Fund. $ 4,512.71 Account Sinking Fund. 10,000.00 Receipts. February 12, from Paving collection $ 1300.00 " 15, " " 2000.00 3300.00 $ 14,812.71 Cash Contingent --- Page break --- 350 Report of City Auditor Communication from City Engineer on condition of north approach to Co. Bridge Pet. of Citizens in Clarksville to open streets in Mas Mass addit. Pet. of J.A. Miller to erect a Wooden, Iron roof, building on Lot [illegible] of Block 59. Resolution granting permission to W.D.F.R of K. of K. to remove a frame Hose Rank to Hose Wagon. Monday 3.16.96, Account Interest Fund. $1512.71 Deceased Sinking Fund. 1300.00 The report was referred to the Finance Committee. Alderman C.W. Modelle was excused from further attendance at this session of the Council. The report of the City Auditor as follows was read: Austin, Texas, March 10, 1896. To Hon. Lewis Hancock, Mayor, and the Board of Aldermen of the City, of Austin: Gentlemen, I have carefully examined the books and reports of the City Clerk for the quarter ending February 29, 1896 and find the same to be correct. Also the books and reports of the City Assessor and Collector for the same time and find the same to be correct; also the receipts and deposits with the City Treasurer of the Earnings fund, of the Water and Light fund, and find the same to be correct. I have also examined the monthly reports of the City Treasurer for the quarter ending February 29, 1896, and find the same correct. Respectfully submitted, S. A. Wheatley, City Auditor. A motion to refer the report to the Finance Committee was lost by the following vote: Yeas Aldermen Horton, Powell, and Schneider. 3 Nays, Aldermen Beaty, Fischer, Glasscock, Glass, Goeth, Haynes, Lawless, Platt, Powell, Robardeau, Rosenburg, Shelley, J. Kumba, Taylor, Townsend and Ziker 19. Alderman Tobin moved that the report be received and filed. Adopted. A communication from the City Engineer, calling attention to the condition of the approach to the north end of the bridge across the Colorado river was read and on motion referred to the Street Committee. By Alderman Beaty. Petition of Citizens to open certain streets in the Mas Mass addition to the City known as Clarksville, was read, and on motion was referred to the street committee. By Alderman Roberdeau, Petition of J.A. Miller for permission to erect a wooden iron roof building on Lot No 1 Block No 59 of City, said petition having been recommended by the Fire Committee. A motion to refer the petition to the Fire Commission was lost by the following vote: Yeas Aldermen Fischer, Goeth. Sinn, Schneider, Shelley, Tobin and Townsend. 7. Nays, Aldermen Beaty, Glasscock, Glass, Haynes, Horton, Lawless, Nitscheke, Platt, Powell, Rudd, Roberdeau, Rosenburg, Saylor and Ziller 15. Alderman Glasscock moved that the petition be granted, which motion prevailed. By Alderman Roberdeau. Be it resolved by the City Council of the City of Austin, that permission be and is hereby granted Washington Hose Co. No 1. to remove their frame Hose rank & place in its stead a hose wagon, [illegible] to be provided such wagon by the City. [illegible] The resolution was read a second & third [illegible] [illegible] passed by [illegible] --- Page break --- 351 Yeas Aldermen Fischer, Goeth, Lawless, Simms, Piatt, Cowell, Schneider, Shelley Tobin, Townsend, Zilker, and Mr. Mayor; 12. Nays Aldermen Beaty, Blascock, Glass, Haynes, Norton, Nitschke, Budd, Roberdeau, Craw, Humpf and Taylor 11 Reports of Committees. Communication from Secty of W & L Commission to fix rates for Cooking, heating, and arc lamps. Communication from the Secretary of the Water and Light Commission in regards to fixing rates for alternating electric current used for heating, Cooking and arc lamps was laid over to come up with an ordinance on the subject. Police Com's report on Marshals report for Feb. Alderman Cowell, for the Police Committee, presented their reports on the Marshals reports for the month of February, 1896, which were read and ordered filed. Report of Com. on Claims and Accounts on Pet. of Mrs. S.E. Pease for remission of penalties & Costs for taxes. The Committee on Claims and Accounts, to whom was referred the petition of Mrs. S.E. Pease, for remission of penalties and costs for taxes, reported, having duly considered the petition, and are of the opinion that the Council have no authority to grant the relief prayed for, and they therefore recommend that said petition be not granted. On motion duly made the report of the Committee was adopted. Report of Com. on Claims & Accts on pet. of John B. Hood Camp, for remission of taxes for 1891. The Committee on Claims and Accounts also reported that they have duly considered the petition of the John B. Hood Camp, seeking the remission of taxes due for 1891, on certain real estate owned by said corporation, and are of the opinion that the Council have no power to grant the relief prayed for, and respectfully recommend that the said petition be not granted. On motion duly made the report of the committee was adopted. Report of Com. on Claims & Accts on claim of J.S. McCutcheon for damages to Wagon & Mule The Committee on Claims and Accounts, to whom was referred the claim for damages presented by J.S. McCutcheon for alleged injuries and claim sustained by falling off a bridge in South Austin, report that they have fully and carefully examined the facts concerning the claim, and find that the City is not legally liable for any injury he may have sustained, and they therefore recommend that said petition be not granted. Alderman Goeth moved the adoption of the Committee's recommendation, which motion prevailed. Unfinished Business. Refusal of Council to sus- pend rules & pass upon 3rd reading Ordinance amending an Ordinance to prevent staning our Cattle on Public Squares & Parks of City Under the head of unfinished business an ordinance introduced at the last regular meeting of the Council, entitled, "An ordinance to prevent the standing on the public squares of Calves, Horses, Mules or Jackasses, on the public squares and parks of the City of Austin, to also prohibit hitching to fences on the public streets of said City," was taken up on its second reading, but the Council refused to further suspend the rules at this meeting by the following vote, viz: Yeas Aldermen Goeth, Haynes, Norton, Lawless, Piatt, Cowell, Roberdeau, Schneider, Shelley, Simms, Taylor, Tobin, Townsend, and Zilker. 13. Nays Aldermen Beaty, Fischer, Glasscock, and Humpf. 4 [illegible] [illegible] Simms [illegible] [illegible] White [illegible] --- Page break --- 352 Ord. appropriating $500 for repair entrance to Fire Hall on West 8th St. Ord. Appropriating $16,687.50 to pay interest on $335,000.00 W.W. & E.L. Bonds due Apl 1 1896. Ord. appropriating $2175.00 to pay interest on Funding Bonds due Apl. 1 1896. Ord. amending sec. 3 of an ordinance to prevent the pollution of waters of Colorado river. Ord. to fix rates for heating, Cooking, & other lamps. New Business! By Alderman Roberdeau, An ordinance appropriating the sum of $500.00 for the purpose of altering, and repairing, the entrance to Fireman's Hall on West Eighth Street. The ordinance was passed, under suspension of the rules, by the following vote: Yeas, Aldermen Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Linn, Nitsche, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilker 22. Nays, None. By Alderman Smith, An ordinance appropriating the sum of $16,687.50 for the purpose of paying interest due April 1st 1896, on $335,000.00 Water Works and Electric Light Bonds, 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, Linn, Nitsche, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilker 22. Nays, None. By Alderman Smith, An ordinance appropriating the sum of $2175.00 for the purpose of paying Interest due April 1st 1896, on Funding bonds 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, Linn, Nitsche, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilker 22. Nays, None. By Alderman Roberdeau, An ordinance amending section 3 of an ordinance entitled "An ordinance to prevent the pollution of the waters of the Colorado river within the limits of the City of Austin, and to prescribe a penalty for violation thereof." The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Linn, Nitsche, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilker 22. Nays, None. By Alderman Tobin, An ordinance to fix rates for alternating electric current used for heating, cooking, and arc lamps. Alderman Goeth moved to suspend the rules and place the ordinance on its second reading, which motion prevailed, by the following vote: Yeas, Aldermen Beaty, Fischer, Glascock, Glass, Goeth, Haynes, Horton, Lawless, Linn, Nitsche, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Tobin, Townsend and Zilker 21. Nays, Alderman Taylor 1. The ordinance was read a second time, and on motion made to suspend the rules and place the ordinance on its third reading, which motion was lost by the following vote: Yeas, Alds. Beaty, Fischer, Glass, Goeth, Haynes, Lawless, Nitsche, Platt, Powell, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Tobin, Zilker 16. Nays, Alds. Glascock, Horton, Linn, Redd, Townsend, Taylor 6. --- Page break --- 353 Ordr. appropriating $100.00 for Extra Street Labor By Alderman Zilker, An ordinance appropriating the sum of $100. for the purpose of paying for extra Street Laborers. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Deary, Fischer, Glascock, Glass, Gordy, Haynes, Horton, Lawless, Linn, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Staehely, Stays, Tobin, Townsend, and Zilker - 19. Nays. None. Ordr. appropriating $400.00 to clear up old part of City Cemetery. By Alderman Horton, An ordinance appropriating the sum of $400. for the purpose of clearing up the old part of the City Cemetery and other necessary repairs. Referred to the Cemetery Committee. Upon motion of Alderman Lawless the Council adjourned. Geo. C. Johnson City Clerk.