627 Minutes of a Regular Meeting of the City Council. Austin Texas May 17, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll called. Present, Aldermen Beaty, Belvin, Haynes, Kuhn, Lawless, Linn Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor and Townsend. 18. Absent. Aldermen Fischer, Horton, Nitschke and Zilker 4. Alderman Lawless, moved to dispense with reading the minutes and that they be approved as recorded, which motion was lost by the following vote: Yeas, Aldermen Belvin, Haynes, Lawless, Linn, Roberdeau, Rosengren, Stumpf and Taylor 8 Nays, Aldermen Beaty, Kuhn, Maddox, Miller, Platt, Powell, Redd, Schneider, Shelley and Townsend 10 Alderman Fischer entered the Council Chamber. Alderman Maddox stated that he desired the minutes read as they did not agree with his recollection of the proceedings as to one certain ordinance, which was before the Council at the last meeting. Alderman Linn moved that the Clerk be instructed to read his indorsement on said ordinance, which motion prevailed and the endorse- ments on said ordinance was read, as were also the minutes relating to said ordinance. Aldermen Nitschke and Zilker entered the Council Chamber. Minutes approved as recorded Alderman Linn moved that the minutes be approved as recorded which motion prevailed. Petitions Pet. of P. McCombs for certain By Alderman Maddox, Petition of Paul McCombs asking that certain Street work. Street work be done on West 9th Street. Read and on motion was referred to the Street Committee. Memorial of Butchers asking By Alderman Miller, Memorial of Butchers - asking that a license that license tax be levied on Butchers tax be levied upon Butchers Read, and upon motion, referred to the Market Committee. Pet. of W. M. McElroy regarding By Alderman Belvin, Petition of W. M. McElroy in regard to Streets & Alleys in Outlot 72 Div "D" Streets and Alleys in Outlot No. 72, Division D. Read by Caption and on motion Referred to the Street Committee and City Engineer. Reports of Standing Committees. Finance Comtee report on bond Alderman Townsend, for the Finance Committee, presented the of J. J. Myrick City Treasurer following report, which was read and adopted. Austin, Texas, May 17th 1897. Hon. Lewis Hancock, Mayor, and City Council of the City of Austin: Gentlemen: Your Finance Committee to whom was referred the official bond of J. J. Myrick, City Treasurer, beg leave to report that the same has been recorded as to form, and that the sureties are sufficient, and we therefore recommend its approval. C. M. Townsend N. L. Miller Finance Committee. --- Page break --- 628 Police Comie report on City Alderman Powell, for the Police Committee, to whom was referred the reports Marshals reports for month of April 1897 of the City Marshal for the month of April 1897, presented their report, stating that the reports had been examined and found correct. The report of the Committee was adopted. Unfinished Business. Mayor's veto message of Ord. The Mayor laid before the Council and had read, the following veto message: appropriating $1760 to pay Salaries of Mayor's Office, Aldermen Austin, Texas, May 10th 1897. To the Hon. City Council: Gentlemen: I herewith return to you with my disapproval an ordinance passed by you at your last regular meeting, entitled "An ordinance" appropriating the sum of $1760.00 for the purpose of paying Salaries of Aldermen", with my reasons therefor as follows: This ordinance seeks to appropriate in a lump sum, the money which would be earned by the Aldermen as salaries, provided, they all attend every regular meeting from now to the end of the fiscal year. Under other circumstances than those now existing in the City's finances, this might, perhaps, be unobjectionable. It is, however, well known to you that existing conditions in our General Revenue department are unusual, and that there is grave doubt whether the expenses can be kept within the revenue. It seems to me certain that at the present rate of expenditure, there will be a deficit at the end of the year, and that some portion of the City's just obligations for labor done or services rendered, must go unpaid, and to that extent the City's creditors be forced to wait for their money or forgo their just claims. This being the case, it does not seem to me fair that one class of creditors should have an advantage over all other classes. If this ordinance should go into effect, it would mean that the Aldermen would get their money, whether other creditors got theirs or not. It is a setting aside by advance, of just so much money which must be held sacredly to meet the claims of the Aldermen, whether other creditors are paid or not, and even though the whole operation of the City's government might be blocked in consequence. Another serious objection to the ordinance is, that, being an appropriation ordinance, it is in its nature exclusive; that is, any money once appropriated is thereafter set aside for its special purpose and excluded from the fund applicable to other and later appropriations. The customary language of an appropriation ordinance specifying that any money in the treasury not otherwise appropriated shall be paid out on any sums thus appropriated, shows that it is both the intention and effect of such an ordinance to set aside so much money and withdraw it from the reach of future appropriations. Of these things the executive officers of the City are bound to take notice, at their peril, and they might, and probably would, be compelled, to assure themselves that there would at all times be sufficient money in the treasury, to meet the requirements of this ordinance without issuing any warrants based upon other ordinances subsequently passed, and in case they could not thus assure themselves, it would probably become their duty to refuse to issue any warrants. at all, until and unless they were certain that they would be honored. --- Page break --- 629 under this ordinance. This would result in tying up in the treasury a sum sufficient to meet the requirements of this ordinance, no matter what ordinances might be subsequently passed and no matter how great might be the needs of the City in other directions. Respectfully, Lewis Hancock, Mayor. Also the following Veto message. Mayor's Office, Austin, Texas, May 17th, 1897. Mayor's veto message of Ord. To the Hon. City Council. appropriating ... Gentlemen: I herewith return to you an ordinance passed by you at your last regular meeting on May 3rd inst. entitled An ordinance of appropriating the sum of $20,838.92 for the purpose of paying Salaries of Officers and employees of the City, with my disapproval of same and my reasons therefor, as follows: 1st The ordinance seeks to secure the payment of one class of the City's creditors in preference to others and is therefore unfair. 2nd The passage of this ordinance would put the executive officers of the City on notice that so much money had been set apart for a specific purpose and must not be infringed upon and might, in that way, tie up the whole or a large part of the amount thus set apart, while other creditors and other departments of the City government suffered. These reasons have been set forth more fully in my message just laid before you vetoing an appropriation to pay salaries of Aldermen for the balance of the year, the objections to both ordinances resting upon the same grounds, and I trust that this short statement of them, will make plain the serious objections to the passage of the ordinance. Respectfully, Lewis Hancock, Mayor. Vote had on passage of Ord. to The Mayor stated the question to be "shall the ordinance appropriating pay salary of Aldermen the sum of $1760.00 to pay salaries of Aldermen now pass notwithstanding the Mayor's objections," which was lost by the following vote: Yeas, Aldermen Haynes, Linn, Maddox, Miller, Chatt, Powell, Roberdeau, Rosengren and Townsend. 9. Nays, Aldermen Beaty, Belvin, Fischer, Kuhn, Lawless, Nitschke, Redd, Schneider, Shelley, Stumpf, Taylor and Zilker. 12. Vote had on passage of Ord. to The Mayor then had read on the question of the passage of the ordinance named pay balance of officers and employees in the second veto message, appropriating the sum of $20,838.92 to pay Salaries of Officers and employees, notwithstanding the Mayor's objections. The veto of the Mayor was sustained by the following vote: Yeas, Aldermen Haynes, Linn, Maddox, Miller, Chatt, Powell, Redd, Roberdeau, Rosengren, Staehely and Townsend. 11. Nays, Aldermen Beaty, Belvin, Fischer, Kuhn, Lawless, Nitschke, Schneider, Shelley, Stumpf and Zilker. 10. Alderman Maddox moved that the regular order of business be suspended, and that the Ordinances Committee be instructed to amend ordinances and provided. --- Page break --- 630 Police Com's report on pet of Citizens of South Austin asking that D. Cargill be reinstated on Police Force, also Com's recommendation that C. T. Plumb be also reinstated Alderman Powell, for the Police Committee to whom was referred the petition of Citizens of South Austin, to have D. Cargill appointed a Policeman etc. presented the following report: May 7th 1897. To the Hon. Mayor and City Council of the City of Austin: Your Committee on Police to whom was referred the petition of the Citizens of 11th Ward to place D. Cargill on the Police force, have considered same and beg leave to recommend that the same be granted, and further, that Mr C. T. Plumb also be reinstated on the Police force. Respectfully submitted, P. M. Powell, H. S. Haynes, Police Committee Alderman Maddox, moved to adopt the report of the Committee. Alderman Linn, moved as a substitute, that the report lie on the table subject to call, which motion prevailed by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Nitschke, Powell, Rosengren, Stumpf and Zilker. 11. Nays, Aldermen Beaty, Maddox, Miller, Clatt, Redd, Roberdeau, Schneider, Shelley, Taylor and Townsend. 10. Ord. amending Art. 377 of Revised Civil Ords. laid before Council. The Mayor laid before the Council an ordinance amending Article 377 of the Revised Civil ordinances of the City of Austin Texas. Alderman Maddox, offered the following amendment to the ordinance: "Amend by striking out the word fifteen, and insert seventeen". Amended by striking out 15 and inserting 17. adopted Alderman Taylor moved to table the amendment. Lost by the following vote: Yeas, Aldermen Beaty, Clatt and Taylor. 3. Nays, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Maddox, Miller, Nitschke, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Townsend, and Zilker. 18. Alderman Belvin, moved the previous question on the amendment and the same was ordered by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Clatt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor and Zilker. 19. Nays, Aldermen Lawless and Townsend. 2. The amendment offered by Alderman Maddox was then adopted by the following vote: Yeas, Aldermen Beaty, Haynes, Maddox, Miller, Clatt, Powell, Redd, Roberdeau, Schneider, Shelley, and Townsend. 11. Nays, Aldermen Belvin, Fischer, Kuhn, Lawless, Linn, Nitschke, Rosengren, Stumpf, Taylor and Zilker. 10. Alderman Lawless was excused from further attendance. Final passage of ord as amended The ordinance was then read third time, and passed by the following vote: Yeas, Aldermen Beaty, Haynes, Maddox, Miller, Powell, Redd, Roberdeau, Schneider, Shelley and Townsend. 10. Nays, Aldermen Belvin, Fischer, Kuhn, Linn, Nitschke, Rosengren, Stumpf, Taylor and Zilker. 9. Excused from voting Alderman Clatt. 1. --- Page break --- 631 Ord appropriating $400 to pay Drivers & labor for May, laid before Council & failed to pass. The Mayor laid before the Council an ordinance appropriating the sum of $400.00 to pay Drivers and labor for Street work for the month of May 1897. The ordinance was read the third time, and on final passage was lost by the following vote: Yeas, Aldermen Belvin, Haynes, Linn, Maddox, Miller, Platt, Powell, Redd, Schneider, and Townsend 10 Nays, Aldermen Beaty, Fischer, Kuhn, Nitsche, Roberdeau, Rosengren, Shelley, Stumpf, Taylor, Zilker, and the Mayor 11. On motion Alderman Nitsche was excused from further attendance at this session of the Council. Ord. appropriating $700 to pay Extra Street labor for May laid before Council & failed to pass. The Mayor then laid before the Council an ordinance appropriating the sum of $700.00 to pay extra Street Labor for the month of May 1897. The ordinance was read a second time. Alderman Maddox moved to amend by striking out the word "May" and insert the word "June" which motion was lost by the following vote: Yeas, Aldermen Belvin, Haynes, Maddox, Miller, Platt, Redd, Roberdeau, and Schneider 8. Nays, Aldermen Beaty, Fischer, Kuhn, Linn, Powell, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 11. A motion was then made to suspend the rules and place the ordinance on its third reading, which motion was lost by the following vote: Yeas, Aldermen Belvin, Haynes, Linn, Maddox, Miller, Platt, Redd, Schneider, 8. Nays, Aldermen Beaty, Fischer, Kuhn, Powell, Roberdeau, Rosengren, Shelley, Stumpf, Taylor, Townsend, and Zilker 11. Ord appropriating $350.00 to pay Salaries of Sanitary employees. Final passage. By Alderman Stumpf an ordinance appropriating the sum of $350.00 to pay Salaries of Sanitary employees. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend, and Zilker. 19 Nays, None. Resolution regarding the placing of additional wagon & teams at disposal of City Engineer adopted. Alderman Haynes offered the following resolution: May 24th 1897. Whereas, under the resolution of the Council, requiring Commissioner Sawyer to work City Prisoners, two of the City wagons and teams are almost constantly required for that purpose, thus leaving the City Engineer without a wagon and team necessary to keep up with necessary bridge repairs and other work. Therefore, be it Resolved, by the City Council of the City of Austin, that one additional City wagon, and pair of Mules be placed at the disposal of the City Engineer. The resolution was read and adopted by the following vote: Yeas, Aldermen Belvin, Haynes, Linn, Maddox, Miller, Platt, Redd, Roberdeau, Schneider, Shelley, Taylor and, Townsend. 13. Nays, Aldermen Beaty, Fischer, Kuhn, Powell, Rosengren, Stumpf, and Zilker, 7. The Mayor gave notice that he will veto the above resolution. [illegible] [illegible] --- Page break --- 632 An ordinance was read first time and on motion the rule was suspended, and the ordinance was placed on its second reading by the following vote. Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Platt, Powell, Redd, Robendraw, Rosengrin, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 17. Nays, Aldermen Beaty and Miller. 2. The ordinance was read a second time. Alderman Haynes moved to amend the ordinance by striking out $69.00 and inserting $18.00/100 which motion was lost. A motion was then made to suspend the rule and place the ordinance on its third reading which motion was lost by the following vote: Yeas, Aldermen Belvin, Fischer, Kuhn, Platt, Powell, Redd, Robendraw, Rosen grin, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 14. Nays, Aldermen Beaty, Haynes, Linn, Maddox and Miller. 5. Final passage of Ord. Alderman Linn moved to reconsider the vote by which the Council refused to suspend the rule and place the ordinance on its third reading. ~~Alderman Sims then moved to suspend the rule and place the ordinance on its~~ ~~revisited. third reading and final passage,~~ which motion prevailed by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Kuhn, Linn, Miller, Platt, Powell, Redd, Robendraw, Rosengrin, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 17. Nays, Aldermen Haynes and Maddox. 2. The ordinance was then read a third time and passed by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Kuhn, Linn, Miller, Platt, Powell, Redd, Robendraw, Rosengrin, Schneider, Shelley, Stumpf, Taylor, Townsend & Zilker. 17. Nays, Aldermen Haynes and Maddox. 2. Alderman Beaty was excused from further attendance at this session of the Council. Ord. appropriating $600.00 to repair bridges & culverts in 9th Ward. On motion of Alderman Platt, an ordinance appropriating the sum of $600.00 for the purpose of repairing bridges and culverts in the 9th Ward. The ordinance was read first time, and on motion was referred to the Street Committee. Resolution directing Street Comr & City Engineer to remove fence around Hemphill Park. Alderman Schneider offered the following resolution which was adopted Whereas, the fence around Hemphill Park, is falling down, and of need of repairs, therefore be it Resolved, that the City Engineer and Street Commissioner be instructed to remove said fence, and use the material on the Streets. (Sgd) J. B. Schneider H.S. Haynes W. D. Miller Park Committee Alderman Belvin, moved that the Council adjourn until 8:30 o'clock p.m. tomorrow May 18th. Lost by the following vote: Yeas, Aldermen Belvin, Fischer and Zilker. 3. Nays, Aldermen Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Robendraw, Rosengrin, Schneider, Shelley, Stumpf, Taylor and Townsend. 15. By Alderman Robendraw, An ordinance appropriating the sum of $500.56 to pay claims of Citizen's Natl Bank [illegible] which was read first time, and on motion was passed by the following vote, Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Robendraw, Rosengrin, Schneider, Shelley, Stumpf & Townsend. 15. --- Page break --- 633' Powell, Redd, Roberdeau, Rosengran, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilliken 18. Nays, None. Ord appropriating $210 to pay By Alderman Townsend, An ordinance appropriating the sum of $210.00 to pay Salaries of Aldermen for April 1897 salaries of Aldermen for the month of April 1897. The ordinance was read first time, and on motion the rule was suspended and the ordinance placed on its second reading by the following vote: Yeas Aldermen Delvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengran, Schneider, Stumpf, Taylor, Townsend and Zilliken 17. Nays Alderman Shelley 1. The ordinance was read a second time. Amended by striking out $210.00 Alderman Linn moved to amend the ordinance by inserting in lieu of & inserting $430.00 for Apr & May $210.00, the sum of $430.00 for April and May 1897, which motion preadopted. vailed by the following vote: Yeas Aldermen Delvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengran, Schneider, Stumpf, Taylor, Townsend and Zilliken 17. Nays Alderman Shelley 1. Final passage of Ord. as amended The ordinance was then passed under suspension of the rule by the following vote: Yeas Aldermen Delvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengran, Schneider, Stumpf, Taylor, Townsend and Zilliken 17. Nays Alderman Shelley 1. Ord. appropriating $13.00 to pay By Alderman Townsend, An ordinance appropriating the sum of $13.00 C. & H. D. Alley for ground rent for to pay C. & H. D. Alley for rent of ground on which to bury burial of dead animals for 1896. dead animals for the year 1896. The ordinance was read first time. Alderman Haynes moved that the Council do now adjourn, which motion prevailed. Jno. O. Johnson City Clerk.