610 Minutes of a Regular Meeting of the City Council. Austin, Texas, April 05, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll called Present, Aldermen Haynes, Lawless, Maddox, Platt, Powell, Roberdeau, Schneider, Shelley, Stumpf, Taylor and Townsend. Absent, Aldermen Auld, Belvin, Fischer, Horton, Huhn, Sim... Miller, Nitschke, Redd, Rosengren and Silver. Alderman Hall moved a call of the Council which was second.. Roll called. Absent, Aldermen Auld, Belvin, Fischer, Horton, Huhn, Si... Miller, Nitschke, Redd, Rosengren & Silver. Aldermen Fischer and Simm entered the Council Chamber. Alderman Shelley moved to suspend the call which motion prevailed. Minutes adopted as Alderman Maddox moved to adopt the minutes as recorded withrecorded out reading. Carried. Petitions Pet. of Jno. Chenneville for By Alderman Lawless: Petition of John Che... appointment as Policeman nneville to be appointed a Policeman. Read and on motion referred to the Police Committee. Report of Assessor-Collector The Mayor had before the Council the report of the City Assessor and Collector for the month of March 1897, showing collections as follows: From General Revenue $6,898.71 " Sinking Fund W. & S. Bonds 14,113.49 " Interest on Old Bonds 1,339.65 " School Tax 5,002.76 Total $27,354.61 Read and referred to Finance Committee. Report of City Treasurer The report of the City Treasurer for the month of March 1897 was then read showing balances as follows: General Fund $2,937.75 Interest on Old Bonds. 2,058.86 Earnings Fund 5,873.34 Water and Light Fund 27,184.60 Interest Sinking Fund W. & S. Bonds. 35,714.07 Referred to Finance Committee. On motion of Alderman Simm the reports of the other City Officers were referred to their appropriate committees without reading. The following is a synopsis of the report By the City Clerk. Report of City Clerk Total amount of Warrants drawn against the General Fund $ 4,764.01 " " " " Earnings " 4,900.75 " " " " W. & Light " 850.00 " " " " Int. on W. & L. Bonds. 16,587.50 " " " " " Old " 2,175.0- Referred to the, Finance Committee. By the City, Marshal. Report of City Marshal. Total, amount of Fines assessed in Recorder's Ct.. $10,500 Paid in Cash in Recorders Co... --- Page break --- 611 Worked Out $102.00 Carried forward. 29.00 Collected on back fines Pound fees Total number of Arrests for the month. 40 Referred to the Police Committee Report of City Physician By the City Physician Number of Patients in Hospital March 1st 1897: " " admitted during the month: " " discharged " " " " " died " " " " " remaining April 1st 1897: Visits to Paupers during the month Prescriptions for Paupers Referred to Hospital Committee Report of City Sexton By the City Sexton Total number of deaths during the month 10 " " White. 9 " " Colored. 1 " " Male. 5 " " Female. 5 Referred to Cemetery Committee. Report of Supt of Streets By the Supt of Streets, showing amount expended for the month of March 1897. Referred to the Street Committee. Aldermen Beaty, Belvin, Kuhn, Miller, Nitschke, Redd & Zilker entered the Council Chamber. Finance Com's report on a resolution to invest $20,000.00 of Sinking Fund in W. L. & P. Gold Bonds Alderman Townsend, for the Finance Committee, to whom was referred a resolution by Alderman Schneider to invest $20,000.00 of the Interest and Sinking Fund in Water & Light 5% Gold Bonds of the City of Austin presented the following report: Austin, Texas, April 5th 1897. To the Honorable Lewis Hancock Mayor, and Council of Aldermen of the City of Austin: Gentlemen: Your Committee on Finance, to whom was referred a resolution introduced by Alderman Schneider, looking to the investment of the Sinking Fund, beg leave to report: that there is in the City Treasury, to the credit of the Interest & Sinking Fund, Water & Light Bonds the sum of $35,710.06, and we recommend that the sum of $20,000.00 of that amount be invested in Austin Water & Light 5% Bonds; and that the City Clerk be instructed to correspond with holders of said bonds, asking for bids for same in as above recommended. A. W. Townsend. Thos. F. Taylor H. E. Schneider } Finance Committee. On motion of Ald. Beaty, the report of the Committee was received & adopted, and the Clerk was instructed to advertise for bids, for the investment of $20000.00 as per said report. --- Page break --- 612 Alderman Platt, for the Committee on Claims and Accounts, to whom was referred a communication from the Board of Equalization, in regard to an er- roneous assessment of W. D. Miller, presented the following report which was read and adopted: To the Mayor and Board of Aldermen: Your Committee to whom was referred, the communication from the Board of Equalization for the year 1876, represent that said Board had corrected by error in the valuation of some improvements on lots 15 and 16, Block E, Bouldins' Addition, the property of W. D. Miller, at two hundred and fifty dollars; for the year 1876, which in fact, there was no improvements on said lots. They therefore respectfully ask the City Council to remit to W. D. Miller, the Four dollars and forty-three cents; that being the amount of Taxes charged against him for the year 1876. on account of said improvements. Your Committee beg leave to report that we have carefully considered the same, and recommend that the amount of Four dollars and fortythree cents, be remitted. Respectfully, O. H. Platt, A. C. Zillero. Assessor & Collector directed to correct Ass[ess]m[en]t of W D Miller Alderman Shelley moved that the Assessor and Collector be directed to correct the assessment of W. D. Miller, in accordance with the report of the Committee on Claims and Accounts. Adopted. Claims Accts Com's report on Pet of C. H. Smith regarding taxes on lot 7. Blk. 65. Alderman Platt, for the Committee on Claims and Accounts to whom was referred the petition of C. H. Smith, in regard to taxes on a certain lot, presented the following report, which was read and adopted: To his Honor the Mayor and Board of Aldermen: Gentlemen: Your Committee to whom was referred the petition of C. H. Smith, the petitioner represents that he is the owner of two-thirds of lot No. 7, in Block 65, in this City, which he bought last year from the First Baptist Church, claiming an exemption, on the ground, that it was Church property, therefore it was exempt from taxation. Your Committee, after carefully considering the same beg leave to report that the above described lots, does not come within the Statutes of exemptions, and are not exempt from taxation. Your Committee therefore, recommend that the petition be not granted. Respectfully O. H. Platt A. C. Zillero Printing Coms report on bids for Newspaper Printing etc. Alderman Haynes, for the Printing Committee, presented the following report which was read and adopted: Austin, April 1st 1879. To the Hon: Mayor and City Council, of the City of Austin; Gentlemen: in accordance with resolution, passed at the last meeting your Printing, Com. have received proposals from the different offices of this City, for printing and binding which we herewith submitted. We have examined the several Bids. and find the "Statesman" office to be the lowest bidder, on all work and binding, in every order, from 50 to 500 copies, but [illegible] --- Page break --- 613 At the Fiscal year. The bid of the Evening News being 50 cents per 100 words, for 1st insertion and 12 1/2 cents per 100 words for each subsequent insertion; the bid of the Daily Statesman is 1/2 cent per word for 1st insertion and 1/4 cent per word for each subsequent insertion, and as the latter is the lowest bid by a fraction of a cent per word on subsequent insertions your Committee recommends its acceptance. Considering the financial condition of the City, and the small amount available in the Budget for necessary printing as well as the many other expenses, such as street work, pay of Employees &c which must necessarily be met, and the fact that the Charter only requires the publication of the proceedings of the Council, when practicable, your Committee deem it impracticable to pay for publishing the proceedings under existing conditions and appeal to the benevolence of the Council. Respectfully submitted, H. S. Haynes J. O. C. Road U. M. Clark Printing Committee Mayor authorized to enter into contract with Statesman Pub. Co. Street Com's report on pet. of Citizens to open & grade Street West of Tillotson Institute Pet. of Citizens asking that Water St. be graded in 6th Ward Mayors Veto message of Ord. regulating Street walking of Lewd Women or Prostitutes Alderman Haynes moved that the Mayor be authorized to enter into contract with the Statesman Publishing Company in accordance with the report of the Committee, which motion prevailed. Alderman Zilker for the Street Committee, to whom was referred the petition of Citizens to open and grade Street on the west side of Tillotson Institute, presented a verbal report, stating that the Tillotson Institute were claiming the Street as private property. On motion, the matter was re-referred to the Street Committee and the City Attorney. By Alderman Stumph, Petition of Citizens, asking that Water Street from Guadalupe to University Avenue be graded. Read and on motion referred to the Street Committee. The Mayor then laid before the Council the following Veto message: Mayor's Office Austin, Texas, March 22nd 1897. To the Hon. City Council. Gentlemen: I herewith return to you an ordinance, passed by you at your last meeting, on March 15th 1897, entitled "An Ordinance making it a misdemeanor for Lewd Women or Prostitutes to walk, stand or loiter on the Streets, or Alleys at night, and providing a penalty therefor." with my disapproval of same, and my reasons therefor. Having doubts as to the validity of the ordinance, I submitted it to the City Attorney and received from him the following opinion: March 19th 1897. Hon. Lewis Hancock, Mayor. Austin Texas Dear Sir:- At your request, I have examined the ordinance entitled 'An ordinance, making it a misdemeanor for Lewd Women or Prostitutes to walk, stand or loiter on the Streets, or Alleys, at night, and providing a penalty [illegible] --- Page break --- 614 therefore, and beg to report that in my opinion, the same is unreasonable, and for this reason void. To "walk, stand or loiter on the Streets or Alleys" is in itself an incident to personal liberty, and one which I do not think a Woman by reason of the fact that she leads the life of a Prostitute, thereby forfeits. The Courts of this State have held, that an ordinance which seeks to prohibit the renting of premises to women of this character, without regard to the uses to which they were intended to be put, is contrary to common right, and therefore void. (Milliken v.s. Weatherford, 54 Tex. 388). So, also, it has been held that an ordinance is void which prohibits females from attending, or waiting in a dance cellar, bar room, or place where liquors are sold, and from being present in such places in any capacity between six o'clock in the evening and six in the morning, because it prohibits a woman from a lawful business. (In re Maguire, 54 Cal. 604). There is, of course, ample authority for the punishment of street-walkers, or Prostitutes who may solicit on the streets. But, as I understand this ordinance, it seeks to provide a penalty for the mere "standing" or "walking" or "loitering" on the Streets or Alleys, by Prostitutes, regardless of the purpose they may have in so doing. For the reasons above stated, I am of the opinion that the ordinance is unreasonable, contrary to common right, and therefore void. Very Respectfully, Geo. J. Vandeventer, City Attorney. My own views concurring with the opinion of the City Attorney above set forth, I am constrained to veto the ordinance. Respectfully, Lewis Hanback, Mayor. Vote to pass over Mayor's Veto lost. The vote by which the ordinance was passed having been reconsidered the motion was then put, "shall the ordinance pass notwithstanding the Mayor's objection," and was lost by the following vote: Yeas Aldermen Beaty, Haynes, Powell and Schneider 4. Nays Aldermen Belvin, Fischer, Huhn, Lawless, Linn, Maddox, Miller, Nitscheke, Platt, Redd, Roberdeau, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker. 17. Resolution directing City Engineer to examine the Gas Tank near Public School Building for Colored Children in 1st Ward. Alderman Linn offered a resolution directing the City Engineer to examine the Gas Tank, in rear of the Public School Building for Colored Children, in the first Ward, and if found in a dangerous condition, to notify the owners on their duty to remove, or build a suitable enclosure around the same. The resolution was adopted. Ord. amending Art. 183 Chap. 5, Title 5, of Revised Civil Ordinances. The Mayor laid before the Council an ordinance amending Article 183, Chapter Five, Title Five, of the Revised Civil Ordinances, of the City of Austin, in regard to the duties and bond of the City Treasurer. The ordinance was read first time, and the rule suspended and the ordinance placed upon its second reading by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Huhn, Lawless, Linn, Maddox, Miller, Nitscheke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 21. Nays 0. --- Page break --- 615 $50.000.oo inserted in Bond An ordinance was then read a second time. On motion of Alderman Maddox, the blank space in the ordinance was filled by inserting "Fifty thousand dollars" making the bond of the City Treasurer Fifty thousand dollars. The rules were then suspended, and the ordinance placed upon its third reading and final passage by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Linn; Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 21 Nays, None. The ordinance was then read a third time and passed. Ord. appropriating $60.oo to pay G. J. Plumb as Guard for City Prisoners By Alderman Haynes. An ordinance appropriating the sum of $60.00 to pay G. J. Plumb for services rendered, as guard for City Prisoners during the month of January 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 20. Nays, Alderman Maddox. 1. Ord. appropriating $397.50 to pay Salaries of Drivers & Guttermen, Sanitary Dept. By Alderman Stumpf, an ordinance appropriating the sum of $397.50 to pay salaries of Drivers & Guttermen, Sanitary Department, for the months of March and April 1897. The ordinance was passed under suspension of the rules, by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 21. Nays, None. Ald. Linn excused On motion of Alderman Linn, was excused from further attendance at this session of the Council. Ord. appropriating $9.75 to pay Extra Street Laborers By Alderman Zilker. An ordinance appropriating the sum of $9.75 to pay Extra Street Laborers. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 20. Nays, none. Ord. appropriating $205.00 to pay Salaries of Aldermen By Alderman Townsend. An ordinance appropriating the sum of $205.00 to pay salaries of Aldermen for the month of March 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Lawless, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Stumpf, Taylor, Townsend and Zilker. 17. Nays, Aldermen Maddox, Schneider and Shelley. 3. On motion of Alderman Fischer, the Council adjourned. R. E. Johnson Atty.