587 -Minutes of a Regular Meeting of the City Council. Austin, Texas, March 01, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll Called. Present: Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Absent: Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. Minutes approved as On motion of Alderman Taylor the minutes were approved as recorded recorded. without reading. Communication from G.W. Brass in regard to a site for High regarding site for High School School Building was read and on motion referred to the School Board. Building Alderman Fischer entered the Council Chamber. Communication from Board The following communication from the Board of Equalization was of Equalization regarding an read and referred to the Claims and Accounts Committee. erroneous Assessment of Lots To the Mayor and City Council 15 & 16 Block E. Bouldins Austin, Texas! property of W.M. Miller The undersigned constituting the Board of Equalization for the City of Austin, Texas for the year 1896-7, would respectfully represent to your honorable body that said Board committed an error in fixing the valuation of some improvements on lots 15 and 16 Block E. Bouldins Addition, the property of W.M. Miller, at two hundred and fifty (250) dollars for the year 1896, when in fact there were no improvements on said lots 15 and 16. We, therefore, respectfully ask your honorable body to remit to W.M. Miller the sum of forty dollars and forty three cents, the amount of taxes charged against him for the year 1896 on account of said improvements. Very respectfully, Austin, Texas, F.J. Wirtz, March 1, 1897. W.S. Randolph, L.M. Watson. Mayor's Veto Message of Alderman Fischer entered the Council Chamber. Resolution Awarding Contract The Mayor then read the following special message: for Newspaper Printing to Mayors Office, G.W. Mendell Jnr. Austin Texas, Feb. 25th 1897. To the Hon. City Council, Gentlemen: I herewith return Resolution passed by you at your last meeting, adopting the report of the Printing Committee Recommending acceptance of the bid of G.W. Mendell Jnr. for Newspaper print- ing and authorizing the Mayor to enter into contract for same, with my veto and my reasons therefor. The provisions of the Charter requiring the publication of the Council proceedings and other matters in a newspaper are general and by reason of this requirement it is desirable to have a contract for such publication. This is not the reason for my veto. The Resolution as passed is so vague and indefinite and is so [illegible] that I must withhold my approval from it, for the following reasons: 1st. The Resolution provides for the publication of the proceedings for the year 1896-7, without stating from what time or to what time of the year the publication is to be made, or for what period of time it is to be made; it also fails to state what portion of the City Council. The Resolution specifies the newspaper for the publication to be the "Statesman", whereas the bid of G.W. Mendell Jnr. is for the "Statesman" and "Daily Tribune" and contains no [illegible] as to which newspaper is to be selected for such publication. The Resolution says: "Printing for the city for the year 1896-7," which does not mean the same thing as "publication of the proceedings of the City Council" mentioned in the [illegible] of the bid of G.W. Mendell Jnr. The Resolution also refers to the report of the Printing Committee recommending the acceptance of the bid of G.W. Mendell Jnr. for Newspaper printing and authorizing the Mayor to enter into contract for same. Said bid is for the "Statesman" and "Daily Tribune", for the period of one year, without stating from what time to what time of the year, or what portion of the year it is to be published. The Resolution authorizes the Mayor to enter into contract for same. The terms of the contract are not set out in the Resolution, nor in the bid, nor in any other document accompanying said bid. Thus, the contract would be left entirely to the discretion of the Mayor, without any control or supervision of the City Council, or any of its Committees, which is contrary to the spirit of the Charter and the general principles of municipal government. Therefore, for the reasons above stated, I herewith return said Resolution without my approval. Respectfully submitted, L. Hancock, Mayor, City of Austin. Alderman Fischer moved that the Mayor's veto be sustained. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. Nays - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. So the motion to sustain the Mayor's veto was lost. Alderman Fischer moved that the Resolution be passed notwithstanding the Mayor's veto. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. Nays - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. So the Resolution was lost. Alderman Miller moved that the bid of G.W. Mendell Jnr. for Newspaper printing for the city for the year 1896-7, be accepted. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the bid of G.W. Mendell Jnr. was accepted. Alderman Miller moved that the Mayor be authorized to enter into contract with G.W. Mendell Jnr. for Newspaper printing for the city for the year 1896-7. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Attorney be instructed to draw up a contract between the city and G.W. Mendell Jnr. for Newspaper printing for the city for the year 1896-7, said contract to contain the terms and conditions as are customary for such contracts and as are for the best interest of the city. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Clerk be instructed to notify G.W. Mendell Jnr. of the action of the City Council in accepting his bid for Newspaper printing for the city for the year 1896-7, and that the City Attorney has been instructed to draw up a contract for same. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Clerk be instructed to place an order with G.W. Mendell Jnr. for the publication of the proceedings of the City Council in the "Statesman" newspaper, commencing from the date of this meeting. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Clerk be instructed to publish in the "Statesman" newspaper for one day a notice to bidders for furnishing the city with stationery and other printing for the year 1897-8, said bids to be opened at the next regular meeting of the City Council. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Clerk be instructed to advertise for bids for the collection of city taxes for the year 1897-8, said bids to be opened at the next regular meeting of the City Council. On motion the vote was taken by Yeas and Nays. The vote was as follows: Yeas - Aldermen Beuty, Erwin, Haynes, Huisman, Maddox, Miller, Bluth, Powell, Roberds, Sayers, Thurley, Taylor and Swennd. 12. Nays - Aldermen Fischer, Herbst, Linus, Linthicum, Redd, Rosengrant, Schneider, Shelley and Ticker. 10. So the motion was carried. Alderman Miller moved that the City Clerk be instructed to advertise for bids for furnishing the city with fuel for the year 1897-8, said bids to be opened at the next regular meeting of the City Council. On motion the vote was taken by Yeas and Nays. The --- Page break --- 588 In this instance it is agreed on all hands that the paper in which it is proposed publication shall be made is not as yet in existence, and it is impossible to say what its circulation will be. I have no doubt that Mr. Mendill is bidding in good faith, but after such investigation as I have been able to make both in and out of the city, and always attending newspaper enterprises, I do not think it wise for the City to enter into a contract with a newspaper that has not yet started. Respectfully, Lewis Hancock, Mayor. On motion of Alderman Kitscher the message was laid over to come up under the head of New Business – Aldermen Schneider and Shelley entered the Council Chamber. The Mayor then read the following special message which was on motion laid over to come up under the head of New Business: Mayors Veto Message of Mayor's Office Ordr. Appropriating 150.00 to Austin, Texas, Feb. 24, 1897. Pay Extra Street Labor. To the Hon. City Council: Gentlemen: Much to my regret I am compelled by what I regard as an imperative duty, to return to you herewith an Ordinance passed by you at your regular meeting on Feb. 15th 1897, entitled, "An ordinance appropriating the sum of $150.00 for the purpose of paying extra street Labor," with my disapproval of same and my reasons therefor. I regret the necessity for this action because, while I do not approve of the present method of doing Street work as either economical or effective, it is the only one we have and in my view, interferes with it seriously. Irregular work on the Streets and may ultimately result in stopping it altogether. But in my view of the City's financial condition I cannot approve this appropriation, and for the reasons following: It is called to your attention in my message to you on the 15th of February last, the estimated revenue for the year is $64,000.00 and the estimated expenditures including $3000.00 on miscellaneous account are $64,343.51 leaving a balance of $588.58. Of that $3000.00 estimated for miscellaneous expensed, we had spent, up to the 31st of January, as shown you by an itemized list, the sum of $2880.79. Only miscellaneous expenses for the balance of the year cannot be less than in the neighborhood of $750.00 beyond the estimated allowed by the budget This would reduce the balance applicable to street work, from $588.58 to $248.54. So if a further sum of $150.00 were to be drawn for extra street labor it must be at the expense of other appropriations for street expenditures of all kinds, including truly & driving and grading the streets for the remaining nine months of the present year. It must be apparent to all who have seen this statement, that paying for extra street labor is not only, to say the least, not in the line of prudence, but it would involve a total suspension of all other street work for the remaining part of the current fiscal year. It is further shown that up to the 31st of January, we had already spent $2194.55 in street expenditures of all kinds, including only $1191.03 applicable to street and driving and grading. It must be borne in mind that this is only for the first month of the fiscal year. It is also shown by the above statement that the estimated revenues for the year cannot be exceeded, and I repeat, that I do not approve of the present method of doing street work; but it is the only method that we now have. I can not see how it can be possible for us to make any further appropriations for street labor without bringing about a financial crisis, and I therefore again respectfully return to you herewith the Ordinance for your further consideration. --- Page break --- 589 necessary to the conduct of the City's business. It is proper that I should state this, in justice to those who expect to labor for or deal with the City to the end that they may not incur the risk of being unpaid for services rendered. I trust, however, that having had your attention fully called to the matter you will make such disposition of it as will prevent any further disagreement and enable us to work in harmony. Very Respectfully, Lewis Huehen, Mayor. City Officers' Reports. Aldermen Read and Zilner entered the Council Chamber. The reports of the City Officers for the month of February were then laid before the Council and on motion were referred to their respective Committees as follows: Assessor, Collector. The report of the City Assessors & Collectors showing collections as follows: From General Revenue $7861.75 " " Int. on Sinking Fund. W. & I. Bonds 17399.06 " " " on Old Bonds 1011.56 " " School Tax 4562.96 Total. $25,834.83 Referred to the Finance Committee City Clerk. By the City Clerk. Warrants drawn against the General Fund $8198.80 " " " " " " Earnings 3371.34 " " " " " " Water & Light 1000.00 Referred to the Finance Committee City Marshal. By the City Marshal. Total Amt. of Fines assessed in the Recorder's Court $375.00 " " Paid in Cash $99.50 " " Worked out 157.00 " " Carried forward 73.50 " Collected on back fines 30.00 " Found Fees Collected 30.40 " Number of Arrests 48 Referred to Police Committee City Treasurer. By the City Treasurer. Balance to Credit of General Fund March 1st 1897 $7752.14 " " " " Earnings " " 5869.97 " " " " Water & Light " " 37431.60 " " " " Int. on Sinking W. & I Bonds " " 34788.08 " " " " Int. on Old Bonds " " 7493.41 Referred to Finance Committee City Engineer. By the City Engineer. Statements of sidewalks & crosswalks in February 1st 1897. 7. 8. 13. 16. 128. 79. [illegible] [illegible] [illegible] [illegible] --- Page break --- 590 Number of cases of Diphtheria during the month 1 No other contagious diseases Reported to Hospital Committee By the City Sexton Total number of deaths 21 White 18 Colored 4 Male 14 Female 8 Stillborn 1 City Sexton City Auditor The following report of the City Auditor was read and on motion was referred to the Finance Committee. Austin, Tex., Feby, 7th 1897. To Hon. Lewis Hancock, Mayor, and the Board of Aldermen of the City of Austin. Gentlemen: I have carefully examined the Books of the City Clerk, for the quarter ending Feb. 7th 1897. and find the same to be correct. Also the receipts and deposits with the City Treasurer of the Earnings Fund of the Water & Light Fund for the same period, and find the same to be correct. I have examined the Books and Accounts of Mr. Fred. Stevzing Assessor and Collector for the quarter ending Feb. 7th 1897. I find his Cash Book correct and receipts from the Treasurer of the City and School Board, to cover amounts collected by him, also amounts covered by him from License Taxes, to be properly entered upon his Books and accounted for. Credits to be allowed Assessor & Collector I respectfully recommend that the following Credits be allowed the Assessor and Collector for uncollected taxes, the receipts for which are on file in his office, and still unpaid, a list of the same having been furnished the City Attorney for suit, and a small insolvent list which is uncollectable. These amounts are included in the Tax Rolls which have been charged to the Assessor and Collector for the respective years: For the Year 1893 on General Revenue $5850.84 " " " " School 7485.38 " " " " Water Works 7606.70 " " " " Interest 751.31 " " 1894 " General Revenue 4944.86 " " " " School 7635.75 " " " " Water Works 7196.78 " " " " Interest 540.68 Debits to be made against and that Mr. Fred. Stevzing Assessor and Collector, which amounts were was not assessed after the Tax was not being so assessed, and not charged to him; or the Tax rolls were changed. For the Year 1893 on General Revenue $116.55 " " " " School 56.44 --- Page break --- 591 For the Year 1893 on Water Works $151.51 " " " " Interest 16.35 " " 1894 " General Revenue 28.85 " " " " School 16.03 " " " " Water Works 43.79 " " " " Interest 7.00 Erroneous Credits to Taxes I find that there has been Credited to the Taxes of 1893 the following of 1893 which should be to amounts which should have been Credited to the Taxes of 1893. Credit of 1893. General Revenue. $10.46 School 4.98 Water Works 13.60 Interest. 1.19 and respectfully recommend that the City Clerk Debit the above accounts for 1894, and Credit the same accounts for 1893 with the amounts above mentioned. Respectfully submitted, Thos. Wheatley, City Auditor. Alderman Sawless entered the Council Chamber. Street Comr's report for The report of the Street Commissioner for the month of Feby. Feb. 1899 was read and ordered filed. Alderman Rosengren entered the Council Chamber. Report of W. & S. Supt. The report of the Superintendent of the Water & Light Plant was for Feb. 1899 read showing Consumers as follows: Water 7164 Electric Light 957 No. of Arcs & Lamps on Commercial Circuit 78 The receipts for the month were as follows: For Water $1189.33 " Light 7341.81 " Power 310.02 Total. $3841.16 There was also collected the following amounts: For Meters $34.50 " " Motors 76.30 On motion the report was received and filed. W&L Com's report on Bids Alderman Fischer for the Water & Light Committee presented the for Constructing Water trench following report, which was read and adopted. & New Pumping Station Austin, Texas, March 1st 1899. Hon. Mayor and City Council. Gentlemen: Your Water & Light Committee begs leave to report that plans and specifications were prepared and proposals for extending the Water trench at the foot of Crockett Street, and for the construction of a new pumping station were advertised for, and on this date bids for same were received and opened as follows: For extending the Water trench. P. D. Dunnaway Co. $7948.00 J. F. Quinn & Co. 7900.00 --- Page break --- 592 John S. Smith $3,870.00 For Constructing New Pump Station. R. A. Flinn $4,679.00 and 50¢ per cubic yard extra for rock excavation if blasting is required. Watertown & Wattinger $7,700.00 and 1.50 per cubic yard extra for rock excavation if blasting is required. John McDonald & Sons $9,500.00 and 1.00 extra per cubic yard for rock excavation if blasting is required, and for extra brick work $10. per. cu. yd. and extra brick work $10. per. cu. yd. J. F. Braden & Mullen $8,833.00 and 55 cts. per cubic yard extra for rock excavation if blasting is required. Com. recommend award of low- We respectfully recommend that the bids of Braden & Mullen for tracts to successful bidders extending the ditch, and that of Watertown & Wattinger for construction of the Pumping Station be accepted, and that the Mayor be authorized to enter into contract with the said parties named. Respectfully submitted, Francis Fischer J. M. Maddox Water & Light Committee. Alderman Fischer for the Water & Light Committee presented the following report which was read Austin, Texas, March 1st 1897. W. & L. Com's report on Insurance on W. & L. Buildings. Hon. Mayor and City Council: Gentlemen: Your Water & Light Committee beg to report relative to Insurance. Owing to the local insurance agents insisting upon the insurance clauses, etc., the matter of insurance on the Power Plant has not been placed, and in the mean time negotiations have been opened with the Industrial Mutual Insurance Co. of Boston, Mass, who have covered the property dating from February 15th at the standard rate of one per cent with rebate at the end of the year, which last year amounted to seventy per cent. This, should they make the same rebate this year as they did last, will bring our insurance to $240.00 against $875.00 as demanded by the standard companies. We therefore recommend that the Superintendent have these Policies written up at once. Respectfully submitted, Francis Fischer J. M. Maddox Water & Light Committee. Upon motion the report was adopted by the following vote: Yeas: Aldermen Beuth, Fischer, Hahn, Snowless, Maddox, Miller, Nitschke, Powell, Rohndraw, Pasenger, Shelley, Stump & Townsend 13. Nays: Aldermen Bilvin, Haynes, Platt, Pratt, Schneider, Seymore & Jordan 7. Ald. Fisher then moved to reconsider the vote whereby the report was adopted, and then moved to table the same, which motion was carried. --- Page break --- Fire Com's report on Communication of J.A. Smith & Son To the Honorable Lewis Hancock, Mayor, and Board of Aldermen of regarding a non Fireproof Building the City of Austin. Austin Texas, March 1, 1899 Gentlemen: Your Committee on Fire Dept. to whom was referred a petition from Geo. A. Brush, calling attention to the fact that a structure had been erected back of Raineys Drug Store in violation of the Fire Ordinance, beg leave to report, that upon examination find that said structure is not Fire proof and that no building permit was issued for its erection. Your Committee would recommend that the owner be required to make the building Fire-proof or remove the same; and that the Police be instructed to carry out these recommendations. G.M. Robardeau S.M. Beatty Committee Claims & Acts Com. report Alderman Platt for the Claims and Accounts Committee, to whom on Claim of R.N. Bustin was referred the Claim of R.N. Bustin for work done at Dam Park made a verbal report stating, that he had been unable to get a meeting of the Committee, hence he returned the claim to the Council for such action as they might see proper to take. Alderman Platt moved that Mr. Bustin be allowed to address the Council and state his case which motion prevailed and Mr. Bustin explained his account. Alderman Read moved that the account of Mr. Bustin be allowed which motion prevailed. Claims & Acts Com's report Alderman Platt, for the Claims and Accounts Committee to on Erroneous Assessments of whom was referred a communication from the Board of EqualDr. R.H. Smoot's Homestead ization in regard to erroneous assessment of Dr. Smoot's presented the following report: To the Honorable Mayor, and Board of Aldermen of the City of Austin: Gentlemen: Your Committee to whom was referred a communication from the Board of Equalization of the City of Austin stat- ing that an error was committed in fixing the value of three thirds, south part of lot 5 sub-lot 3 Division "Z", homestead of R.H. Smoot asking the City Council to remit $15.96 from his taxes for the year 1898. Your Committee have carefully considered the same and beg leave to report that we can find no authority in the City Charter or in any other law that therefore to refer the matter back to the City Council, that they may take such action as they may deem just and proper. Respectfully, R.A. Platt A.L. Gilvin Alderman Various City Ordinances Alderman Platt introduced an Ordinance entitled An Ordinance fixing the license rates of the City of Austin, which Alderman [illegible] moved to lay to a table. --- Page break --- 594 motion prevailed by the following vote: Yeas, Aldermen Beaty, Belvin, Haynes, Kuhn, Nitscher, Cowell, Townsend, Schneider, Saylor, Townsend and Zilker. 11. Nays Aldermen Fischer, Lawless, Maddox, Miller, Platt, Redd, Robb & draw, Shelley and Stumpf 9. New Business. Action on Mayors Veto of printing The Mayor Resolution. laid before the Council, the message of the Mayor, vetoing the resolution authorizing the Mayor to enter into contract with G. W. Merrill Sr. for newspaper printing. Alderman Platt moved that the resolution do now pass notwithstanding the Mayor's objections, Lost by the following vote: Yeas Aldermen Robb & draw, Miller, Nitscher, Platt, Redd, Robindraw, Schneider, Shelley, Stumpf, and Townsend. Nays, Aldermen Beaty, Brashet, Kuhn, Lawless, Maddox, Cowell, Rosengren, Saylor and Zilker. 9. Action on Ord. 150.00 The Mayor Ord. to pay Extra Street Labor vetoing an ordinance appropriating the sum of $150.00 to pay extra Street laborers. Alderman Robb & draw moved that the ordinance do now pass! notwithstanding the Mayor's objections, which motion prevailed by the following vote: Yeas, Aldermen Beaty, Belvin, Haynes, Kuhn, Lawless, Maddox, Miller, Nitscher, Platt, Cowell, Redd, Robb & draw, Rosengren, Schneider, Shelley, Stumpf, Saylor, Townsend and Zilker. 19. Nays Alderman Fischer O. Ord. Amending subdivisions 13 & 14 By Alderman Platt, An ordinance amending subdivisions 13 & 14 & 14 of Section 39. of an Ord. of section 39, of an ordinance entitled "An ordinance providing for Power Plant management Ord. the management and operation of the Water Works & Electric Light & Power Plant, of the City of Austin, passed – May 30th 1896. The ordinance was read first time and on motion was referred to the Water & Light Committee. Ord. making it a misdemeanor By Alderman Schneider, An ordinance making it a misdemeanor for Lewd Women or Prostitutes, for lewd Women or Prostitutes, to stand, walk or loiter on the Streets to appear on Streets after night of Alleys at night, and providing a penalty therefor. The ordinance was read first time and on motion referred to the ordinance Committee. Alderman Haynes introduced the following resolution which was read and adopted. Resolution regarding Newspaper Austin, March 1, 1896. Printing Resolved by the City Council of Austin, that the Printing Com. be instructed to ask for bids for printing the proceedings of the City Council, advertisements, and such other matter as may be ordered by the Council, and that the City Attorney be instructed to document all necessary papers in the proposed contract. H.C. Haynes. Yeas 19 Nays 0. L. C. Shirk, Secy. Mch 1st 1896. J. W. Davis, Mayor. --- Page break --- 553 contract had heretofore been awarded, having failed to enter into contract. Alderman Pratt moved as a substitute for the motion of Alderman Nitschke, that the contract be awarded to the next highest bidder. Alderman Robrdeau moved to table the substitute which motion was lost. The question was then put on the motion of Alderman Pratt and the motion lost by the following vote: Yeas Alderman Milton, Pratt, Redd, Stumpf and Zilkrov, 5. Nays Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Maddox, Miller, Powell, Robrdeau, Rosengreen, Schneider, Shelley, Taylor and Townsend 15. The vote was then taken on the motion of Alderman Nitschke and the motion adopted. On motion Alderman Nitschke, Lawless and Linn were excused from further attendance at this session of the Council. Report of City Engineer on The report of City Engineer as to cost of work to repair West 10th Cost of work to repair W. 10th St. Street from West River to Shoal Creek was read and on from M. Rue to Shoal Creek. motion was laid on the table subject to call. By Alderman Fischer, An Ordinance appropriating the sum of $913.50 Ord. Appropriating $913.50 to pay approved of the Earnings Fund to pay approved accounts. Accts. Earnings Fund. The Ordinance was read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following vote: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Maddox, Miller, Pratt, Powell, Robrdeau, Rosengreen, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilkrov 18. Nays None. The ordinance was read a second time. Ord. Amended by adding $30.00 Alderman Fischer moved to amend the ordinance by adding the acct of C.S. Bustin Claim. amount of $30.00 bring claim of C. S. Bustin for balance due him for work done at Dam Park. The amendment was adopted. and the ordinance as amended was then passed by the following vote, under a suspension of the rules: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Maddox, Miller, Pratt, Powell, Redd, Robrdeau, Rosengreen, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilkrov 18. Nays None. Ord. ordering an Election The Mayor then laid before the Council an ordinance ordering of W & S. Commissioners. an election for Board of Water & Sewer Commissioners for this City of Austin, said election to take place on Monday, March 22nd 1897. The ordinance was read first time and a motion made to suspend the rules and placed the ordinance on its second reading which motion prevailed by the following vote: Yeas Alderman Beaty, Belvin, Fischer, Haynes, Kuhn, Maddox, Miller, Pratt, Redd, Robrdeau, Rosengreen, Schneider, Shelley, Stumpf, Taylor and Zilkrov 18. Nays None. The ordinance was read second time and a motion to go into --- Page break --- 596 of holding the election, and Judges of election were filled, after which the ordinance was passed under suspension of the rule by following vote: Yeas; Aldermen Beaty, Belvin, Fischer, Hayne, Kuhn, Maddox, Miller, Platt, Powell, Redd, Rosendran, Schneider, Shivley, Stumpe, Saylor, Townsend and Zilker 18. ( Nays, None. Recommendations of Bd of Equal. Aldorman igation adopted regarding taxes. of Equaliza- Alderman Maddox moved that the recommendations of the Boardtion of Tax Assessment of Dr. A. R. Mad- of Equalization in regard to the assessment of Dr. A. R. Maddox for the dox for the amount of $15.96 assessed in error be adopted and the credit be allowed on said assessment, which motion prevailed. On motion of Alderman Powell the Council adjourned. J. R. G. G. Allison Clerk.