354 Minutes of a Regular meeting of the City Council. Austin, Tex. April 06, 1896. Hon. Henry Sneed, president of the Council, presiding. Roll Called: Present, Aldermen Deats, Fischer, Linn, Nitschke, Platt, Powell, Redd, Roberdeau, Shelley, Taylor, Townsend and Zilker 12. Absent, Aldermen Glascock, Glade, Goeth, Haynes, Horton, Lawless, Rossy, Schneider, Stumpf and Tobin 10. Alderman Shelley moved to dispense with reading the minutes and that they be approved as printed. Carried. Pet. of Citizens to construct boom across the mouth of Bull Creek. Granted. By Alderman Townsend, Petition of Citizens asking that a "boom" be placed across the mouth of Bull Creek. Alderman Fischer moved that the petition be granted, provided the petitioners keep the boom in repair, which motion prevailed. Aldermen Haynes, Glass, Stumpf and Tobin entered the Council Chamber and answered to their names. Pet. of Martin Robinson for correction of error in Taxes. By Alderman Shelley, Petition of Martin Robinson requesting the Council to correct an error in their assessment for taxes. On motion of Alderman Shelley the petition was granted. Communication from Board of School Trustees requesting A. & C. to furnish bond for collecting School Tax. By Alderman Shelley, A communication from the board of School Trustees requesting the City Council to pass an ordinance requiring the City Assessor and Collector to furnish bond for collecting School Tax. On motion of Alderman Roberdeau the communication was referred to the Finance Committee. Pet. of Citizens to have Alley in Outlot #6 [?] div. D. opened. By Alderman Haynes, Petition of Citizens to have alley in outlot No. 61, division "B" opened. Read and on motion referred to the Street Committee. Pet. of Mrs. L. St. Martin for drainage to her property By Alderman Stumpf, Petition of Mrs. Louisa St. Martin asking the Council to have her place drained. Read, and on motion referred to the Street Committee. Pet. of Citizens to have 26th St. worked bet. Lampasas & Guadalupe. By Alderman Stumpf, Petition of Citizens asking to have Twenty sixth Street worked between Lampasas and Guadalupe, Read and referred to the Street Committee. Reports of City Officers The following reports of City Officers were then laid before the Council and on motion, same were referred to their appropriate Committees without reading: Assessor & Collector By the Assessor and Collector, For Collections as follows: From General Revenue Taxes of 1895. $ 3721.22 " " " " 1894. 286.54 " " " " 1893. 23.73 " " " " 1892. 225.00 " " " " 1891. 3.20 " License Taxes 591.25 " Recorder's Court 180.50 " Ground, fees and, taxes, 21.50 " Interest & penalties of Taxes, 109.77 S.N.D. Total $ 5162.77 --- Page break --- 355 Water Works tax and Interest fund, total. $9,752.15 Interest on old Bonds total 834.59 From the City Clerk, proceeds of Warrant 35.80 School tax, total. $3,365.99 Total Collections ___________________ $19,149.74 City Clerk. Referred to the Finance Committee By the City Clerk Total amount of Warrants drawn against the General fund for March, 1896. $9,909.92 Total amount of Warrants drawn against the Earnings fund during the month. 3,760.95 Total amount of Warrants drawn against the Water + Light fund during the month 13830.57 Referred to the Finance Committee City Treasurer By the City Treasurer. Balance on hand, Account General Fund, April 1, 1896. $1,629.34 " " " Interest on old Bonds " " 1,634.47 " " " Earnings Fund " " 9,339.99 " " " Water + Light " " $5,699.66 " " " Sinking " " 9715.41 Referred to Finance Committee City Marshal By the City Marshal Total fines assessed in Recorder's Court. $245.00 Collected in Cash 90.00 Worked out 118.00 Carried forward. 37.00 $245.00 Collected on back fines 33.00 Pound fees 48.50 Total number of arrests made 38. Referred to Police Committee City Physician By the City Physician Number of patients in Hospital March 1, 1896. 16 " Admitted during March 10 " Discharged " " 7 " Deaths " " 0 " Remaining April 1 1896. 19 " Visits made during March 90 " Prescriptions " " 143. Cases of Diphtheria reported during March 2 No other contagious or infectious diseases reported Referred to Hospital Committee. City Sexton By the City Sexton Total number of deaths during the month. White. 18 W. 21. Colored. 3 21. Wards, 10 21. Stillborns, 11 Referred, To B'd of Cemetery Committee, By Ald'm. Brown, Commissioner, & B'd of Light Commissioners, --- Page break --- 357 Centrifugal pump has been connected with the twelve inch river discharge and power supplied from the arc light turbine by tapping a shaft through the river wall. The pump at 200 revolutions with six foot suction is rated to discharge 5,760,000 gallons of water per 24 hours. The test was six feet and the speed 200 revolutions per minute; so in connection with the Gould pumps which were turning 40 revolutions per minute was 3,000,000 gallons per 24 hours. A very conservative estimate to say that the spring furnished from 9 A.M. to 3 P.M. yesterday at the rate of 5,000,000 to 6,000,000 gallons. The head of the spring as shown by an accurate guage being lowered only six feet below the river discharge, which still left four feet head above the twenty foot suction of the Gould pumps. This important test has not cost the City all told more than $30. If deemed advisable these pumps might be operated continuously for some days after which it would be well to consider how best to supplement the pump capacity from the spring. This could be economically done in two ways: first, by lowering one of the 4,000,000 gallon pumps into the wheel pit so that its suction may reach the spring, or second by putting in a rotary pump to lift the spring water to a reservoir from which the 4,000,000 gallon pump may take its suction. On a rough estimate the two plans would cost about the same, say $2,500. After talking these matters over with Mr. Johnson I would recommend the former plan as likely to be most satisfactory and probably least expensive. On this connection I can not forbear commending Mr. Walter Johnson to your favorable consideration. He has proven himself equal to every demand of the plant. He is diligent, practical and constant. No better man could be secured for the important position he occupies, and I would respectfully recommend that the old office be put in condition for his residence and that he be furnished with the house with water and light as additional compensation for his devotion, efficiency and laborious constancy. to the City's interest. Mr. Duekey is paid $85. per month, while Mr. Scoville was paid $150. Henry Bolling and J. Francis get $55. each per month as dynamo men, while those they succeeded were paid $75. each per month, so there is a saving in salary account of $105. per month. Respectfully submitted, J.C. Maddox, Superintendent. Alderman Johnson entered the Chamber and answered to his name. Report of Cemetery Com: Alderman Stumpf, for the Cemetery Committee, to whom was referred an on Ord. appropriating $400.00 ordinance appropriating the sum of $400.00 for the purpose of cleaning up to clean up & repair Cemetery and making other necessary repairs to the City Cemetery, presented their report recommending the passage of the ordinance. The report was laid over to come up with the ordinance under the head of unfinished business. Report of Committee on Alderman Blank for the Committee on purchases, presented the following Purchases: Ordinance, which was read and adopted, and the Mayor authorized to enter into contract with the parties. [illegible] --- Page break --- 358 Austin, Tex. March 28, 1896. To Hon. Lewis Hancock, Mayor, and the Board of Aldermen of the City of Austin: Gentlemen: Your Committee on Purchases beg leave to report that they have awarded the contract for furnishing feed for City Teams, etc., for the quarter ending June 30, 1896, to Messrs. Robinson Bros., as follows: Alfalfa hay, baled, per Ton $13.00 Bottom hay, baled, per Ton 7.90 Prairie hay, baled, per Ton 5.50 Shelled Corn per bushel .27 Ear Corn per bushel .27 1/2 Oats, sacked, per bushel. .22 Wheat bran per 100 pounds .65 Salt per 100 pounds .40 Henry A. Linn, R. Platt, W. C. Redd. Committee on Purchases. Alderman Goeth entered the Council Chamber and answered to his name On 3rd reading, an ordinance The chair laid before the Council on its third reading an ordinance amendamending an Ordinance to preventing an ordinance to prevent staking cattle, horses, etc., on the public squares staking out of Stock on parks and parks in the City, etc., & squares of the City. The ordinance was read a third time and passed by the following vote: Final Passage Yeas Aldermen Beaty, Fischer, Goeth, Haynes, Lawless, Linn, Platt, Powell, Roberdeau, Schneider, Shelley, Taylor, Townsend and Tobin 14. Nays Aldermen Class, Kretchmar, Plümke and Zilver 5. On 3rd reading an ordinance By Aldermen Class, an ordinance to fix rates for alternating electric currents used for heating, cooking to fix rates for heating, cooking and arc lamps, was read a third time and passed by the following vote: & arc lamps. Yeas Aldermen Beaty, Fischer, Glass, Goeth, Haynes, Lawless, Linn, Final Passage Platt, Powell, Redd, Roberdeau, Schneider, Shelley, Taylor, Tobin and Townsend 16 Nays Aldermen Kretchmar, Plümke, Stumpf and Zilver 4. Ord. appropriating $300. to By Alderman Zilver, An ordinance appropriating the sum of pay for Extra Street laborers $300. to pay for Extra Street laborers and Teams for April, 1896. and Teams. The ordinance was passed under suspension of the rules by the following vote: Final Passage Yeas Aldermen Beaty, Class, Goeth, Haynes, Kretchmar, Plümke, Redd, Roberdeau, Schneider, Shelley, Stumpf, and Zilver 12 Nays Aldermen Fischer and Shelley. 2. Ord. appropriating $5000. By Alderman Tobin, An ordinance appropriating the sum of $5000.00 to pay approved accounts out of the Earnings Fund for the purpose of paying approved accounts. out of Earnings Fund. The ordinance was passed under suspension of the rules by the following vote: Final Passage Yeas Aldermen Beaty, Fischer, Glass, Goeth, Haynes, Lawless, Linn, Platt, Powell, Redd, Roberdeau, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilver 19. Nays None. By Alderman Townsend, an ordinance appropriating the sum of --- Page break --- 359 Ord. appropriating $1240.07 out to pay approved accounts, out of General fund On motion of Alderman Gorth, an ordinance appropriating the sum of $1240.07 out of the General fund to pay approved accounts. Read first time. Alderman Gorth moved to suspend the rules and place the ordinance on its second reading, which motion prevailed by the following vote: Yeas Aldermen Beaty, Fischer, Glass, Gorth, Haynes, Lawless, Linn, Nitschke, Blatt, Powell, Redd, Roberdeau, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilver 18. Nays Alderman Schneider 1 The ordinance was read a second time. Ord. amended by inserting $31.50 to pay J. N. Digby was adopted. Alderman Taylor moved to amend by inserting the sum of $31.50 to pay the claim of J. N. Digby for work done at City Hospital, which amendment was adopted. Final passage of Ord. as amended. On motion the rules were suspended and the ordinance placed upon its third reading and final passage by the following vote: Yeas Aldermen Beaty, Fischer, Glass, Gorth, Haynes, Lawless, Linn, Nitschke, Blatt, Powell, Redd, Roberdeau, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilver 18. Nays Alderman Schneider 1. Ord. appropriating the sum of $75.00 to construct "boom" across mouth of Bull Creek Final Passage. By Alderman Fischer, An ordinance appropriating the sum of $75.00 to construct a "boom" across the mouth of Bull Creek. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Fischer, Glass, Gorth, Haynes, Lawless, Linn, Nitschke, Blatt, Powell, Redd, Roberdeau, Schneider, Shelley, Stumpf, Taylor, Tobin, Townsend and Zilver 19. Nays None. Com. of 3 appointed to canvass returns for officers Fire Department Roberdeau Powell & Haynes appointed. Ord. appropriating $100. to pay Claim of T. J. White Alderman Roberdeau moved that a committee of three be appointed to canvass the returns for officers of the Fire Department. Carried, and the chair appointed Aldermen Roberdeau, Powell and Haynes. such committee by Alderman Blatt, An ordinance appropriating the sum of $100. to pay the claim of T. J. White. Alderman Gorth moved to lay the ordinance on the table. Lost by the following vote: Yeas Aldermen Gorth, Haynes, Lawless, Linn, Nitschke, Powell, Roberdeau, Schneider and Stumpf 9. Nays Aldermen Beaty, Fischer, Glass, Blatt, Redd, Shelley, Taylor, Tobin, Townsend and Zilver 10. Above ord. referred to the Charity Com. Special Committee's report on returns of election of Fire Department On motion the Ordinance was referred to the Committee on Charity. The special committee to canvass the returns of election of officers of Fire Department presented the following report, which was read and adopted. Your Committee, after canvassing the returns of an election held by the Fire Department March 16 1876, find that the following named officers were elected and ask their confirmation: W. C. Russell Chief Jos. Stumpf First Assist Julius Schutze, Jr. Recorder Chief of Fire Department, W. C. Russell. Assistant Chief Fire Department, Joseph Stumpf. Recorder Fire Department, Julius Schutze, Jr. J. C. Roberdeau H. L. Haynes J. W. Gorbell --- Page break --- 360 Estimate of Expenses of City By Alderman Taylor, An estimate of the expenses of the City Hospital for the Hospital quarter ending June 30, 1896, together with an ordinance appropriating the sum of $1200.00 to pay the salaries of the employes and the other necessary expenses Ord. Appropriating $1200. for same of the Hospital for the quarter. The ordinance was read and on motion the rules were suspended and the ordinance read a second time by the following vote: Yeas Aldermen, Besser, Fischer, Glass, Goeth, Haynes, Linn, Nitschke, Platt, Bowell, Bredt, Roberdrew, Schneider, Shelley, Stimpf, Taylor, Tobin and Zilker. 17 Nays Aldermen Lawless and Townsend. 2. Ord. referred to Hospital The ordinance was read a second time and on motion of Alderman Committee Goeth was referred to the Hospital Committee. Motion to reconsider vote Alderman Platt moved to reconsider the vote by which the Council granting pet. of Martin & granted the petition of Messrs Martin & Robinson, and that said Robinson & that pet be re- petition be referred to the Committee on Claims and accounts, which ferred to Claims & Accts Com. motion prevailed. The following communication from the City Attorney was then laid before the Council by the Chair: Communication from the Austin, Tex., April 2, 1896. City Attorney in regard Hon. Lewis Hancock, Mayor, City. to suit brought by the Dear Sir; There is now pending in the District Court of this County State to recover possession a suit brought by the State to recover possession of that portion of the River of River Walk or River Avenue walk or River Avenue lying west of Congress Avenue, a portion of which is occupied by persons under leases made by the City of Austin. The title to this property has been in dispute between the State and the City of Austin for some time. The State claiming that it was reserved at the time the blocks and lots in the City of Austin were surveyed. Upon the other hand, the City has claimed that it was dedicated by the State to the public as an avenue or walk. The only evidence of dedication is to be found on the original map of the City of Austin, and is of a very indefinite character. I have several times advised that the City had no power to lease this property for private use, as such use is wholly inconsistent with the claim asserted by the City of its dedication for public purposes. Improvements of considerable value have been erected at the expense of the occupants and should the title of the State be established these improvements would necessarily become the property of the State. The Attorney-General has agreed to a compromise of the matter upon the following terms: That the City will waive its claim to that part of the property in dispute now occupied by the lessees of the City, a judgment will be entered establishing a street of the width of that now open and in use and giving to the occupants of the land the right to remove all improvements placed thereon by them. The title to the land thus occupied to be vested in the State. The State will further waive any claim it may have against the occupants of said land for rents. In my opinion there is grave doubt as to the result of the suit should the City insist upon its claim to said property; and should it be --- Page break --- 361 determined in favor of the City, it could only be upon the idea that the property was dedicated to public use and hence it would be the duty of the City, in the event such dedication should be established to at once remove all encroachments placed thereon, as the present use of the property is wholly inconsistent with the purpose for which such dedication was made. I suggest that the matter be laid before the Council to the end that definite action be taken, as it is the desire of the Attorney General that the suit should be tried at the present term of the Court. Very respectfully Geo. J. Benthers City Attorney Communication referred to Special Com. of 5 Alderman Staynes moved that the communication be referred to a special committee of five, the Chair to be one of the five, which motion prevailed and the Chair appointed Aldermen Staynes, Bowell, Gorth and Beaty to be the other members of the Committee. On motion the Council then adjourned. Geo. Johnson Clerk.